July 22, 2005 CONGRESSIONAL RECORD — SENATE S8717

21⁄2-day workweek here. But we could my mind, to make sure that Shane I am glad we are here to do business spend more than a month, more than 30 Patton and the other approximately today. The managers are here. Senator days on five judges, every one of which 2,000 men and women who have been KENNEDY is here to offer an amend- had a job. A third of our time in the killed in Iraq and the scores who have ment. But especially in a time of war, Senate has been spent on five people, been killed in Afghanistan will have at let’s at least do the average amount of all of whom had jobs. least the attention of the Senate for a debate on this bill. The majority leader’s decision raises few days. The ACTING PRESIDENT pro tem- an important question. Why would we The ACTING PRESIDENT pro tem- pore. The Senator from Kentucky. prematurely cut off debate on critical pore. The Senator from Kentucky. Mr. MCCONNELL. Madam President, national security legislation? Why Mr. MCCONNELL. Madam President, I don’t want to prolong it any further would we want to prevent the Senate I listened carefully to my good friend because we are taking up time for the from doing everything we can to help from Nevada, the Democratic leader. I offering of amendments which we en- our men and women in uniform? The don’t want to unduly prolong the dis- courage. We are anxious to have Senator from Michigan and the Sen- cussion because Chairman WARNER and amendments. We are willing to have ator from Virginia are role models for Ranking Member LEVIN are here to do votes. We are not trying to deny any- how to work together on legislation. business on the bill. The more the body the opportunity to offer their He has some ideas that he wants to try Democratic leader and myself talk, the amendment or to have votes. That is to improve this bill. There are other less able they are to offer amendments why the chairman and ranking member Members who have amendments that and move forward with the bill. are here today. I see Senator WARNER are waiting. The Senator from Massa- I would say this, however. I don’t is ready to do business. chusetts has some ideas on how he know that it is written on some tablet I yield the floor. wants to try to improve this legisla- somewhere that we need to spend mul- f tion. But unfortunately, the answer to tiple weeks on a DOD authorization NATIONAL DEFENSE AUTHORIZA- these questions is very familiar. Rath- bill, particularly in a time of war. We TION ACT FOR FISCAL YEAR 2006 er than address the concerns on the turned to this bill last Wednesday minds of the American people, our Re- night. That is Wednesday night, Thurs- The ACTING PRESIDENT pro tem- publican colleagues are once again in- day, Friday, Monday, and Tuesday be- pore. Under the previous order, the sisting the Senate focus its time on fore the cloture vote would ripen. Dur- Senate will resume consideration of S. less important business. Earlier this ing all of that time, Senators could 1042, which the clerk will report. year, we put judges ahead of health offer nongermane amendments. And The assistant legislative clerk read care, retirement security, education. then if cloture is invoked, there are 30 as follows: Now they are apparently willing to put additional hours for amendments to be A bill (S. 1042) to authorize appropriations gun liability—and I have heard now es- offered that are germane to the De- for fiscal year 2006 for military activities of tate tax—ahead of the needs of our fense bill. I don’t think there is any the Department of Defense, for military con- troops. particular reason why the Senate struction, and for defense activities of the Frankly, this action is not in keeping ought not to, particularly in a time of Department of Energy, to prescribe per- sonnel strengths for such fiscal year for the with the spirit in which this bill came war, do this bill in a more expeditious Armed Forces, and for other purposes. to the Senate floor. To this point the manner and allow us to also complete Pending: process has been completely bipartisan. other matters before the Senate, one of Frist amendment No. 1342, to support cer- I should say nonpartisan. As I have al- which the Democratic leader just tain youth organizations, including the Boy ready said, the chairman and ranking pointed out he is in favor of, before we Scouts of America and Girl Scouts of Amer- member, as well as the other Repub- leave next week. We are open for busi- ica. licans and Democrats on the Armed ness this morning. Chairman WARNER Inhofe amendment No. 1311, to protect the Services Committee, worked together and Senator LEVIN are here. Others are economic and energy security of the United to see that our security needs were ad- here who want to offer amendments. States. dressed. Republicans and Democrats We encourage that. That is why we are Inhofe/Collins amendment No. 1312, to ex- press the sense of Congress that the Presi- even on the committee, after reporting in session today. dent should take immediate steps to estab- the bill out, said: We have a few things My suggestion to all of us is that we lish a plan to implement the recommenda- we would like to a try to address to the move forward with the business that is tions of the 2004 Report to Congress of the whole Senate to see if we can make the before the Senate this morning. United States-China Economic and Security whole bill better. I yield the floor. Review Commission. The chairman welcomed input from The ACTING PRESIDENT pro tem- Inhofe/Kyl amendment No. 1313, to require Members on both sides of the aisle, as pore. The minority leader. an annual report on the use of United States did the ranking member. He made no Mr. REID. Madam President, I don’t funds with respect to the activities and man- attempt to prevent Members from ad- need to get the last word, but I have to agement of the International Committee of get make sure the facts are spread the Red Cross. dressing critical issues or cut off de- Lautenberg amendment No. 1351, to stop bate, and he should be lauded for the across this Senate. Let’s not be misled. corporations from financing terrorism. course he chose. The majority leader Wednesday, opening statements; Ensign amendment No. 1374, to require a should follow his example. Thursday, one amendment voted on; report on the use of riot control agents. We want to pass this bill. We want to Friday, nothing voted on; Monday, Ensign amendment No. 1375, to require a pass it before we go home for the Au- nothing voted on. I guess we will vote report on the costs incurred by the Depart- gust recess. That is why, for the past 2 Monday night sometime. Tuesday, ment of Defense in implementing or sup- months, I have been on this floor urg- please help me on that, we ought to porting resolutions of the United Nations Se- vote this Tuesday morning. And then curity Council. ing us to move to this bill. But, no, we Collins amendment No. 1377 (to Amend- couldn’t because we were tied up with to talk about 30 hours afterwards, that ment No. 1351), to ensure that certain per- judges, the nuclear option. We were is one of the biggest farces we have sons do not evade or avoid the prohibition happy when he finally brought it to the around here. If you are lucky, you can imposed under the International Emergency floor 2 days ago. But little did we know have a vote or two during the 30 hours, Economic Powers Act. it was apparently just an effort to get but remember, there is no necessity to Durbin amendment No. 1379, to require cer- another thing off the shelf. We are have a vote on anything. It is all up to tain dietary supplement manufacturers to here, ready to debate the numerous im- the majority what they let us vote on. report certain serious adverse events. In a time of war, does that mean we Hutchison/Nelson (FL) amendment No. portant issues raised by the legislation. 1357, to express the sense of the Senate with We won’t be able to do that. speed through this? I would think that regard to manned space flight. I hope the Republican leadership will we should take an inordinate amount Thune amendment No. 1389, to postpone reconsider this action. Let us get back of time, lots of time, when we are in a the 2005 round of defense base closure and re- to work on this important bill. I re- state of war. And we are in a state of alignment. peat: We are going to oppose cloture, war. Just ask the people of Great Brit- The ACTING PRESIDENT pro tem- and that is the only thing we can do, in ain. pore. The Senator from Virginia.

VerDate Aug 04 2004 03:56 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.006 S22JYPT1 S8718 CONGRESSIONAL RECORD — SENATE July 22, 2005 Mr. WARNER. Madam President, I tion for cloture will be vitiated. That is is made by the majority leader, with was present last night. We had a col- our hope. I hope the Senator from Vir- all due respect. He has the responsi- loquy among ourselves not unlike what ginia will do what he always does so bility, obviously, for the Senate and took place today. The Republican lead- magnificently, which is maintain an the Senate agenda. er, Senator FRIST, entrusted me with open mind, keep options open, and see The part which is of concern is this, the management of this bill. It was my what kind of progress can be made to and I will mention this briefly. When decision with regard to the votes. It avoid a divisive vote. It is inappro- we have cloture, we find out that many was my decision that we file a cloture priate to have a cloture vote this soon amendments that are related and are motion. I accept full responsibility for after the debate begins. enormously important in terms of the those decisions. I am proud of the way I yield the floor. subject matter, which is the Defense we operate on this side, where our lead- Mr. WARNER. Mr. President, just to authorization bill, are effectively ership reposes in their managers those finish, I have a practice of not bringing eliminated. responsibilities; I accept them. If, in up personal situations, and I am still I took a quick look at some of the due course, it proves to be in error, I going to refrain. If continued to be amendments that have been filed to accept that responsibility. But I do be- pushed on this issue, I will recount sev- date. We have a Stabenow amendment lieve, based on some 27 years of experi- eral things that occurred yesterday to fully fund health care for veterans. ence managing this bill, that we can where I tried to accommodate interests Nobody could watch the news last achieve the opportunity for all Sen- on that side of the aisle, and when it is night and not understand the challenge ators to have their amendments heard said that not a Democratic vote was our veterans are having in getting cov- and voted upon in a timely manner. taken, I know of one vote where I erage and being treated well. That is The matter of cloture, as it ripens on pleaded that it be made, found the true in my State, and the Nation was Tuesday, can be addressed by the lead- time, but the sponsors decided—and it alerted again. We have had some de- ership, in consultation with the man- was a joint amendment with a Repub- bate on that issue. It is an issue of agers, and a determination made as to lican and a Democrat—not to do that. enormous importance. We make a com- whether it should or should not be in- I am not going to get involved in per- mitment to those young men and voked. I think that decision, in large sonal situations, but there is a limit to women who volunteer and fight in our measure, would be dependent on what the patience of the Senator from Vir- wars that they are going to have their we can achieve between now and Tues- ginia. On this matter by Mr. KENNEDY, needs attended to when they come day. I respect my good friend. Our friend- back. They are not being attended to. I look upon this in a very positive ship goes back as long as any two The Senator from Michigan, Ms. way. I have confidence in this institu- Members in this Chamber. This amend- STABENOW, has an amendment that tion, confidence in the managers of ment is an important amendment, probably would not be eligible after this bill to see that it is done in a fair there is no question about it. But I ask cloture. It is on pay equity for reserv- and proper manner and done in the best the Senator from Michigan, was not ists who are being deployed. We have so interests certainly of the men and the same amendment voted on by the many being deployed over in Iraq, and women of the Armed Forces. Senate 3 weeks ago? it is an important amendment to make I yield the floor. Mr. LEVIN. We will have to wait and Mr. LEVIN. I wonder if the Senator see the precise nature of the amend- sure they are to be compensated. It is will yield. For about 1 minute, I will go ment. very important in terms of morale and, back to the history, and I will not go Mr. WARNER. It is very similar, if most of all, in terms of fairness for the through it all. Last year, we spent 7 not identical. reservists. days on this bill. The 1st filing of clo- Mr. LEVIN. I commend my friend Then there is reform of the Pentagon ture was on the 11th day of debate, from Virginia for his temperament, his procurement, with all of the kinds of after considering 42 amendments. The ability to withhold any suggestion of challenges we have seen on the pur- 2nd filing of cloture was on the 15th personal comment. He is to be com- chasing of the humvee. We reviewed day of debate. I think it is totally inap- mended. He is literally a role model for that last night once again. An article propriate to file cloture today. that. The Senator from Virginia is cor- that was written in the New York I have no better friend in this body rect. He showed great care for the Times and the purchase conflict be- than the Senator from Virginia. I was Members of this body yesterday, gave tween the services, the lack of priority glad to hear what he basically just great consideration to the Members, that was given really as a result of a said, which is that he is going to take and I commend him for that. failure of our procurement policies, we a close look at where we are before this Mr. WARNER. Madam President, I can do something about that, but we vote takes place. He has always been yield the floor. are not going to do something about it openminded. I hope he will reconsider The ACTING PRESIDENT pro tem- if we have cloture. Then there is the this cloture motion. We are going to pore. The Senator from Massachusetts limitation of profits on defense con- make progress today, even though is recognized. tractors. We don’t have to take a lot of there are no votes. AMENDMENT NO. 1415 time on that issue, but I think the It is difficult for Senators. Senator Mr. KENNEDY. Madam President, I American taxpayer, when they see hun- KENNEDY is going to be offering a very join the ranking member of the Armed dreds of millions in windfall profits important amendment in a few mo- Services Committee, Senator LEVIN, in going to so many defense contractors, ments, but the vote on that is not paying tribute to the Armed Services would have to say that spending a few going to take place until probably after Committee. I have been lucky enough moments on that to make sure, for ex- the cloture because we have so many to be on that committee now for 24 ample, the allegations that our troops amendments that are stacked up here. years. I must say that all of us have are going to get the food they deserve He deserves better and, more impor- the highest regard and respect for the and need on time and not be given sec- tantly, the subject matter of the Senator from Virginia, the chairman of ond-level food is something that ought amendment deserves better than to be the committee. There has never been a to be debated. debated on a Friday and then laid aside time that he has not been courteous My amendment with Senator FEIN- and not voted on until many days and diligent and thoughtful and consid- STEIN and Senator KERRY on bunker later. Traditionally, we try to vote on erate for those who have differing busters relates to the whole issue of amendments after they are debated— views that come up before the com- nuclear proliferation and stability. We shortly after, not days and days after mittee. probably would not be eligible to bring they are debated. I understand the remarks by the Sen- that up. There have been important We are going to accommodate the de- ator from Michigan and also our lead- issues on funding for the cooperative mands of the schedule by trying to er, Senator REID; and although our threat reduction, which is so important offer a lot of amendments today and on friend takes the responsibility, we have in terms of the nuclear proliferation, Monday in order to see if we can show been around here long enough to know with the very important and impres- enough progress here so that the mo- that the overall schedule and timetable sive study released this last week.

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.007 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8719 Those give you a little bit of a flavor, Perry, former Secretary of Defense, Treaty, the foundation of all current and they are related to national secu- and is made up of an extraordinary global nuclear arms control. The non- rity and defense. We are told we don’t group of men and women who have proliferation treaty, signed in 1968, has have time for that. I have been here spent their lives in terms of national long stood for the fundamental prin- when we spent 2 full weeks debating security and defense and talking about ciple that the world will be safer if nu- bankruptcy and for the credit card the dangers of increased nuclear weap- clear proliferation doesn’t extend to companies. The result of the bank- ons. Well, we have now in this bill the other countries. ruptcy bill we passed here means the design for new nuclear weapons. They I send to the desk an amendment on profits for the credit card companies will say: No, we don’t, it is only $4.5 behalf of myself, the Senator from are going up $5.6 billion this next year. million. Look at the Department of En- California, Mrs. FEINSTEIN, and my col- We spent 2 weeks on that issue that ergy’s congressional budget, right here league and friend, the Senator from will benefit special interests. We spent on page 63, where cumulatively they Massachusetts, Mr. KERRY. more than a week on class action, are planning to spend a half billion dol- The ACTING PRESIDENT pro tem- which will benefit very special inter- lars on it. New nuclear weapon? We are pore. Without objection, the pending ests. We spent more than a week on looking at a new nuclear weapon in the amendment is set aside. highways. If you can spend more than a Defense authorization bill. The clerk will report. week on highways and you can look Look at the front page here of the The assistant legislative clerk read after the credit card companies and New York Times, right up on the top: as follows: you can look after the major financial ‘‘New York Starts to Inspect Bags on The Senator from Massachusetts [Mr. KEN- interests in class action, surely we can the Subways.’’ What is the greatest NEDY], for himself, Mrs. FEINSTEIN, Mr. threat to our homeland security, a new KERRY, Mr. FEINGOLD, and Mr. BINGAMAN, debate these issues that are related to proposes an amendment numbered 1415. the security and well-being of the nuclear weapon or—here it is—‘‘New Mr. KENNEDY. Madam President, I troops of this country. York Starts to Inspect Bags on the That is the point. I believe it is irref- Subways.’’ The second story: Bombs ask unanimous consent that the read- utable myself. We were told last night, set in London at four sites, failed to ex- ing of the amendment be dispensed with. well, we had heard that Senator LEVIN, plode, no one hurt. And we are going The ACTING PRESIDENT pro tem- Senator REID, and others might pro- out and building another nuclear weap- pore. Without objection, it is so or- pose a commission to look into the on. dered. whole question of the torture policies We welcome the opportunity to ad- The amendment is as follows: that have taken place at Abu Ghraib. dress the Senate now on Friday, but We had 12 different studies done by the this is a matter of enormous impor- (Purpose: To transfer funds authorized to be Armed Services Committee, and we tance and consequence. We are told appropriated to the Department of Energy these issues are not as important as for the National Nuclear Security Admin- still don’t have anybody in the civilian istration for weapons activities and avail- areas that has been held accountable, freeing the gun industry from liability, able for the Robust Nuclear Earth Pene- even though they were the architects a special interest. So we have an NRA trator to the Army National Guard, Wash- of the torture policy. This has given us check. I know where the votes are on ington, District of Columbia, chapter) a black eye all over the world. It has that. We are going to get another spe- On page 378, between lines 10 and 11, insert been an incentive, and it is inflaming cial interest check. We have a special the following: al-Qaida. It has been a recruiting tool interest check for credit cards, a spe- SEC. 3114. TRANSFER OF FUNDS AVAILABLE FOR used in order to gather more recruits cial interest check because of class ac- ROBUST NUCLEAR EARTH PENE- TRATOR TO THE ARMY NATIONAL for al-Qaida. tions, and we are going to get another GUARD OF THE DISTRICT OF CO- It had been suggested that we have one now from the NRA. LUMBIA. an independent commission review We are not going to have the chance (a) REDUCTION IN FUNDS AVAILABLE FOR RO- that. And then guess what happened. for these Senators to be able to debate BUST NUCLEAR EARTH PENETRATOR.—The Within a matter of hours, the White pay equity for the reserves? Health amount authorized to be appropriated to the House says, If that amendment is ac- care for veterans? No. We don’t have Department of Energy for the National Nu- cepted, I will veto the bill that is de- the time. What is more important to clear Security Administration for weapons activities by section 3101(a)(1) is hereby re- veloping with Defense authorization. us? I have plans at the end of next duced by $4,000,000, which reduction shall be Imagine that. The President will veto week along with everybody else, but allocated to amounts available for the Ro- the bill if that amendment is accepted. what is more important than con- bust Nuclear Earth Penetrator. He will veto the bill that provides the tinuing and finishing this legislation? (b) INCREASE IN FUNDS AVAILABLE TO ARMY resources for our fighting men and That is what we are supposed to do as NATIONAL GUARD, WASHINGTON, DISTRICT OF women if we are going to have an inde- Senators. COLUMBIA, CHAPTER.—The amount author- pendent kind of review about how we Mr. President, when you look over ized to be appropriated by section 301(10) for got into all of this trouble in terms of where we spend the time and how we operation and maintenance for the Army Na- tional Guard is hereby increased by torture and inflaming al-Qaida because have spent the time, surely these $4,000,000, with the amount of such increase of those activities. They are going to issues that are of such fundamental im- to be available for the Army National Guard veto the bill. Therefore, we are going portance to our national security and of the District of Columbia, as follows: to have cloture. to the security of the American people (1) $2,500,000 shall be made available for We don’t have to be around here for deserve the kind of time our leader and urban terrorist attack response training. a number of years to understand what Senator LEVIN have suggested. (2) $1,500,000 shall be made available for the is happening. That is just plain wrong, For the past 60 years, one of the prin- procurement of communications equipment. Mr. President. It is just plain wrong. It cipal tenets of the American national Mr. KENNEDY. Madam President, in is not the way this body ought to be security policy has been to limit the that compact of the Nuclear Non-Pro- doing business. These issues are too number of nuclear weapons in the liferation Treaty, the foundation of all important. People are ready to debate world and to limit the number of coun- global nuclear arms control, 184 na- them. tries that possess them. tions have voluntarily rejected nuclear We had the amendment that I have In 1962, President Kennedy warned weapons. These include 40 states, such here, which is very similar to the that if action weren’t taken at that as Japan, Germany, Sweden, and amendment Senator FEINSTEIN and I time, there would be 20 nuclear weapon Singapore, that have the technical in- offered earlier on another appropria- nations by the end of the 1970s. That is frastructure to build nuclear arsenals tions bill. It is a matter of enormous what he said in 1962. Because of initia- if they chose to do so. importance in terms of the issue of nu- tives he and successive Presidents—Re- In addition, Ukraine, Kazakhstan, clear proliferation. publican and Democrat—took to pre- Belarus, South Africa, Argentina, There is an excellent study this last vent that, today there are only eight Brazil, Taiwan, South Korea, and oth- week about the worst weapons in the nuclear armed states. ers have turned away from nuclear worst hands. The National Security Through careful negotiations, we ar- weapons because of the NPT and our Advisory Group is chaired by Willian rived at the Nuclear Non-Proliferation leadership.

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.009 S22JYPT1 S8720 CONGRESSIONAL RECORD — SENATE July 22, 2005 America led the way to a safer world when we are exporting our own tech- From the use of the weapon. by example. By adhering to these care- nology? Even if we were willing to accept the fully crafted agreements, we were able For the past 2 years, Congress has catastrophic damage a nuclear explo- to discourage the spread of dangerous raised major doubts about the bunker- sion would cause, the bunker buster nuclear weapons that would threaten buster program and significantly cut would still not be able to destroy all our security. back on its funding. But the adminis- the buried bunkers the intelligence However, the Bush administration tration still presses forward for their community has identified. has abandoned that course. Not only development. For fiscal year 2004, they This chart, based on the data from has this White House expressed disdain requested $15 million for it, and Con- the National Academy of Sciences, de- for decades of nuclear arms control, gress reluctantly provided half that picts the simulated maximum effect of but it now threatens to launch a new amount. For 2005, they requested an- a 1-megaton earth-penetrating weapon. nuclear arms race. As we are discour- other $27 million and submitted a 5- This massively destructive weapon aging North Korea and Iran from pro- year request for nearly $500 million, cannot reach more than 400 meters. All ducing nuclear arms—and as we are and Congress denied their request. an adversary has to do is bury its trying to keep nuclear weapons out of This year, nothing has changed. The bunker below that depth. the hands of terrorists—the Bush ad- fiscal year 2006 budget request from the Bunker busters also require pinpoint ministration recklessly proposes for President includes $4 million for the accuracy to hit deeply buried bunkers. the United States to produce a new Department of Energy to study the But such accuracy requires precise in- breed of nuclear weapon. President bunker buster, and $4.5 million for the telligence about the location of the Bush and Secretary Rumsfeld want to Department of Defense for the same target. As the study emphasized, an at- develop a new tactical nuclear weapon purpose. Thankfully, our colleagues in tack by a nuclear weapon can be effec- that can burrow deep into the earth the House were wiser and eliminated tive in destroying weapons or weapons and destroy bunkers and weapon the funds. materials, including nuclear materials caches. The new weapon they propose The administration obviously is still and chemical or biological agents, but has the chilling title of robust nuclear committed to this reckless approach. only if it is detonated in the actual earth penetrator. They hold the dan- Secretary Rumsfeld made his position chamber where the weapons or mate- gerous and misguided belief that our clear in January, when he wrote to En- rials are located. Even more dis- Nation’s interests are served by devel- ergy Secretary Spencer Abraham: turbing, if the bomb is only slightly off oping what they consider a more easily I think we should request funds in 06 and 07 target, the detonation may cause the to complete the study . . . You can count on spread of deadly chemical and germs, usable nuclear bomb—more easily usa- my support for your efforts to revitalize the ble nuclear bomb. That is just what we in addition to the radioactive fallout. nuclear weapons infrastructure and to com- If it were clear that this weapon were need more of today. plete the RNEP study. needed to protect our troops, then Con- Most Americans believe that is The fiscal year 2006 budget requests gress would probably support it. But wrong. Therefore, the amendment that funds only to complete the feasibility that is not the case. At the House Senator FEINSTEIN and I offer today study for these nuclear weapons, but Armed Services Committee hearing in will halt this dangerous new policy and we already know what the next step is. March, program chief Linton Brooks redirect the $4 million in funds from In the budget sent to us last year, the once again was asked if there was a the robust nuclear earth penetrator re- administration stated in plain lan- military requirement for the bunker search program to the National Guard guage that they intend to develop it. buster, and he categorically said: for the more urgent task of preventing Ambassador Linton Brooks, the head of No, there is not. another terrorist attack on our Na- the National Nuclear Security Admin- tion’s capital. istration, claims the future budget pro- This chart shows how important it is This action is especially warranted in jection was merely a placeholder ‘‘in that the bunker buster be precise, in light of the bombings in the London the event the President decides to pro- terms of targeting, or otherwise it is subway. Instead of developing new ceed with the development and Con- not going to destroy the target, and nukes, we should address the real- gress approves.’’ But their fiscal year the dangers of chemical and nuclear world challenges of terrorism that we 2005 budget clearly shows the adminis- material proliferation are dramatic. Our military has no need for a nu- face right here, right now. tration’s unmistakable intention to de- In the end, the administration would clear bunker buster. Existing conven- velop and ultimately produce this like us to buy something we don’t tional weapons have the ability to neu- weapon. need, that endangers us by its mere ex- They would like us to believe this is tralize this threat. These charts from istence, and that makes our important a clean, surgical nuclear weapon. They the National Academy of Sciences diplomatic goals much more difficult say it will burrow into underground show the types of deeply buried, hard- to achieve. targets, destroy them with no adverse ened bunkers the nuclear bunker bust- Our challenge in addressing nuclear consequence for the environment. But er is intended to destroy. All bunkers nonproliferation issues is not that science says such claims are false. must have air intakes, energy sources, there are too few nuclear weapons in A National Academy of Sciences and entrances. If we can destroy them the world, but that there are too many; April 2005 study confirms exactly what by conventional means, we have ac- not that they are too difficult to use most of us thought: that these nuclear complished our purpose. but too easy. weapons, like other nuclear bombs, re- The administration’s effort to build a North Korea has recently acquired sult in catastrophic nuclear fallout. new class of nuclear weapon is only nuclear weapons and does not hesitate They can poison tens of millions of further evidence of their reckless nu- to rattle them. Iran is widely thought people and create radioactive lands for clear policy. to be moving forward on the develop- many years to come. We have studied this issue long ment of nuclear weapons capability. The study goes on to say: enough. It is ridiculous for the admin- The increased availability of nuclear Current experience and empirical pre- istration to try to keep this program technology to other nations is an omi- dictions indicate that the earth-penetrator going, and it could be suicidal for the nous development, especially when it is weapons cannot penetrate to depths required Nation and for our troops. While the difficult to accept at face value their for total containment of the effects of a nu- administration studies a weapon that statements that the technology is in- clear explosion. To be fully contained, a 300 will never work and may never be used, tended only for peaceful purposes. kiloton weapon would have to be detonated it has taken its eye off the true danger: What moral authority do we have to at the bottom of a carefully stemmed em- terrorists with weapons of mass de- ask other nations to give up their de- placement hole about 800 meters deep. Be- struction here at home in our subways sire for nuclear weapons of their own cause the practical penetrating depth of an earth penetrating weapon is only a few me- and our train stations. when we are developing a new genera- ters—a small fraction of the depth for the Protecting our Nation should be the tion of such weapons of our own? How full containment—there will be blast, ther- administration’s No. 1 priority and, can we tell other nations not to sell mal, initial nuclear radiation, and fallout ef- sadly, they have not learned that les- their nuclear technology to others fects— son from 9/11. The alarm bell that went

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.012 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8721 off on September 11, 2001, is still ring- the homeland security issue. That has subsequent phase of the robust nuclear ing loudly. It rang in London earlier to be our focus, and we learned that earth penetrator, section 3117 of the this month and again yesterday. It again this morning in London. law, the Senate amendment contained rang in Madrid last year. And it has Why the administration insists that in provision 3135 that would require the been ringing in Turkey, Indonesia, Mo- they think our national security is Secretary of Energy to obtain specific rocco, Kenya, and elsewhere around the going to be enhanced and expanded by authorization from Congress to com- world in the nearly 4 years since the building a new system makes no sense mence development engineering phase tragedy of 9/11. at all. of the nuclear weapons development In our Nation’s Capital, the alarm A final point. There are those who process or any subsequent phase of a bell continues to sound, but the admin- will say this is just a study; we ought robust nuclear earth penetrator weap- istration has been inexcusably slow in to be able to study; we ought to be able on. heeding its warning. to study what progress can be devel- So I assure my colleagues, I assure Our amendment will better protect oped in terms of the shape of our war- the American public, Congress is care- our Nation’s Capital from a terrorist heads and the building materials that fully monitoring each step of this pro- attack. It provides urgently needed are necessary to make it more effec- posed program. funds to the Washington, DC, National tive; we live in a dangerous world. All My good friend from Massachusetts Guard to make up for the shortfalls of which is true, we ought to be able to pointed out about the military require- they face in equipment and training. have a study, but that is not what this ments. The Chairman of the Joint U.S. officials plainly state that al- is about. Chiefs of Staff, in appearing before Qaida and other terrorist groups are As I have mentioned, the opposition, Congress, established the military re- quirement. Senators on the other side determined to strike the United States by and large, will say this is just a of this debate have argued there is no again. And we all know that our Na- study. Then we will have to come back military requirement, as did my good tion’s Capital is a prime target. to Congress and get the approval. friend and colleague from Massachu- On July 10, Homeland Security Sec- See what the intention of this admin- setts. Congress should not be funding, retary Michael Chertoff said that ‘‘the istration is. ‘‘Department of Energy, he has argued. This is a case of getting desire and the capability’’ are there for 2005 Congressional Budget Request, Na- so involved in technology that we lose tional Nuclear Security Administra- another terrorist attack in America. sight of the purpose behind the words. The former Deputy Secretary of tion, Office of the Administrator, I think it is extremely important Homeland Security, ADM James Loy, Weapons Activities.’’ Open this to page that the record of this debate reflect told the Senate Intelligence Com- 63. There it is. the following: In an appearance before mittee on February 16: They talk about what is going to be the House Armed Services Committee We believe that attacking the homeland the request over the period of these in February of this calendar year, the remains at the top of al-Qaida’s operational next 5 years, and it is $484 million. Chairman of the Joint Chiefs of Staff, priority list . . . We believe that their intent That is not a study. That is the devel- General Myers, addressed the following remains strong for attempting another opment of a weapons system. Those re- major operation here. question: sources could be more effectively used Is there a military requirement for RNEP? He says: providing security at home, working General Myers answered the question The probability of an attack is assessed to through homeland security, than devel- as follows: be high. . . . oping a new weapons system which will Our combatant commander that is charged FBI Director Robert Mueller told the make it more complicated and more by this nation to worry about countering the Intelligence Committee on February difficult for the United States to be the kind of targets, deeply buried targets, cer- 16: leader in the world, which we have tainly thinks there’s a need for this study. The threat posed by international ter- been under Republican and Democratic And General Cartwright has said such. I rorism, and in particular from al-Qaida and Presidents since 1962, in reducing the think that. I think the Joint Chiefs think related groups, continues to be the gravest number of countries that have dan- that. And so, the study is just that. It’s not we face . . . a commitment to go forward with a system; gerous nuclear weapons. We should it’s just to see if it’s feasible. Despite these serious and terrifying stay the course. That has been a wise It is just to see whether the tech- threats, the DC National Guard, which judgment and decision by Republican nology of the United States can take provides an indispensable role in re- and Democratic Presidents. We should an existing warhead. There was some sponding to terrorist attacks, has long not be about the business of developing inference that we are increasing the received inadequate funding. new nuclear weapons, which is going to stockpile. It is very important to rec- In a terrorist attack, the DC Na- upset that whole movement and make tional Guard will be mobilized to assist ognize we are simply performing tests this country less secure. and evaluation on existing warheads to in evacuation efforts, provide security I yield the floor. determine whether they can be recon- at the attack site, and assist in mass The PRESIDING OFFICER (Mr. SES- figured to achieve the mission of pene- casualty care. Mayor Williams and the SIONS). The Senator from Virginia. trating the earth to certain depths, de- city council realize the vulnerability Mr. WARNER. Mr. President, I would pending on the consistency of the soil to such attacks and the potentially like to pick up on my distinguished and the above earth, and render less ef- catastrophic consequences if terrorists colleague’s last point with regard to fective, if not destroy, a potential situ- attack a train carrying hazardous ma- the projected budget cycle as it relates ation beneath the earth, which defi- terial. to this program. In fairness, the distin- nitely challenges the security of this According to a RAND analysis on ter- guished Senator from Massachusetts Nation and the world. It is as simple as rorism and railroad security, 40 percent should point out that while that docu- that. of freight being carried from city to ment outlines a proposal for a pro- So this whole debate is about wheth- city across the country, including half gram, Congress carefully has enacted er a modest sum of money can be con- of the Nation’s hazardous material, is the checks and balances such that tinued to be applied to a program to moved by rail. In 2003 alone, 11,000 rail- every step of the way that program has determine a feasibility study. Depend- road cars containing hazardous mate- to be reviewed by the Congress, author- ing on the outcome, the Congress rial passed through Washington, DC. ized, and appropriated. Those are the comes back in and then establishes We believe the administration’s posi- types of checks and balances that whether the facts justify, as well as the tion in supporting the development of a should be accorded a program of this threat situation, as well as the mili- new nuclear weapon system is mis- significance. tary needs, the next step of a program guided. It is not based on sound I point out, and I read from the con- that would take some several years to science. And there is a recognition that ference report on the National Defense evolve and produce a weapon. they do not have their priorities Authorization Act for fiscal year 2004, General Myers continued: straight. We have learned the lesson of the requirement for specific authoriza- So we can argue over the definition of a this past week, that what we have to tion of Congress for commencement of ‘‘military requirement’’ and when a ‘‘mili- do is expand our attention in terms of engineering development phase and tary requirement’’ is established. We can

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.013 S22JYPT1 S8722 CONGRESSIONAL RECORD — SENATE July 22, 2005 argue over when in the study of a concept— made by the Department of Defense particularly our colleagues in the other which is what we are talking about here— through elaborate procedures. With re- body who were very much involved in when should the requirement be established. spect to the particular nuclear pene- this decision on a bipartisan basis and We can argue over definitions or we can decided that this program was not listen to the Chairman of the Joint Chiefs trator to attack deeply buried targets, and the Commander of Strategic Command, I do not believe there is a formal re- worth the investment; that it was not who advise the Congress that it is in the in- quirement. There is a general require- a study; that if it was a true study it terest of the United States to complete the ment to hold at risk hard, deeply bur- could have been concluded and the re- feasibility study. ied targets, but there are many dif- sults could have been provided to deci- Somewhat regrettably, over the past ferent variations that could be applied sionmakers for a more thoughtful re- 24 hours we have had a lot of back and to that, and I do not believe the De- view of this aspect of national security. forth about time consumed on this, partment of Defense has yet come to a The administration just did not get that and one of the other things. I tend conclusion, a requirement, that this the message. So in 2006, this budget re- to be very indulging in the fact that mission can only be undertaken by a quest, DOE requested $4 million to the Senate is an unusual body and robust nuclear penetrator. start the RNEP feasibility study again, there is the right to discuss whatever a Nevertheless, early on, several years and $14 million will be needed in fiscal year 2007 to finish the study. Senator wishes. But just 3 weeks ago ago the Department of Energy’s budget It should be apparent right now, this we had this exact amendment before called for studies. Congress authorized and appropriated the $15 million for the is not about a study. This is about de- this body, except for one change. Sen- veloping a weapons system to hold ator FEINSTEIN had put the funds which first phase of this study by the Depart- ment of Energy, but DOE was not to hard and deeply buried targets at risk. would be resulting from a cancellation The National Academy of Sciences con- towards the public debt, a laudable begin this work until it submitted a re- port setting forth requirements for an ducted their own study to look at the purpose. It has nothing to do with the feasibility of doing this and the useful- military requirements, nothing to do RNEP and the target types that RNEP was designed to hold at risk. DOE pro- ness of this type of weapons system, at with anything about the weapon. Sen- the request of the Armed Services posed their response in April of 2003, ator KENNEDY made one small change: Committee. Their study sheds a great and the funds were released to begin Let us take it from the public debt and deal of light on the practical implica- again this study. Once again, DOE in- give it to the DC National Guard. tions of this weapons system. Well, I can understand how the DC sisted that this was just a study. There DOE says the RNEP project is to National Guard is brought into a clear was no decision to begin the process of look at the feasibility of using a bomb focus in its responsibilities given the development and production that with a small nuclear yield to target worldwide events of recent times. I am would lead to a weapon. hard and deeply buried targets with The following fiscal year 2004, DOE not unmindful of those situations. But minimal collateral damage on the sur- again sought $15 million for the RNEP, if there is a need for funding for the face and minimal fallout. That would but now Congress had become, I think D.C. National Guard, let it be brought be a very important development, if it forth independently. It should not be a rightfully, a little skeptical of the were feasible. But the Academy points predicate or a basis for making a major technology, of the efficacy of this pro- out in their study, and makes it clear, decision as to whether to go forward on posed weapon, to do what it was in- that to really hold hard and deeply this important research program and tended to do, and as a result, only $7.5 buried targets at risk the RNEP would study. million was appropriated. DOE took have to be very large and would not be So I say to my colleagues, if there is the reduced funding and said: Still, this contained. This is about physics, I a problem with the D.C. National is just a study. We just want to look at think, more than it is about wishful Guard, bring it to the attention of the this concept. We study lots of concepts. thinking. The physics of the problem managers. We will be on this bill for a We certainly cannot inhibit the intel- suggests if you really want to destroy few days. We have time. We will take a lectual inquiry when it comes to an that target you can’t use a small nu- look at it. issue of so much importance to our na- clear charge. You would have to use a I am mindful of what occurred here tional security. rather considerable one. last night and what occurred here Now, in the 2005 budget request, after Therefore, the DOE is considering again this morning about how we are 2 years of various requests, the true na- modifying an existing large-yield nu- just grinding our wheels and not being ture of the RNEP proposal is becoming clear weapon, the B–83, to be a nuclear productive. This same identical amend- much clearer. It does not appear today penetrator. The B–83 nuclear bomb has ment was rejected by the Senate 3 to be just a study. DOE sought $27.5 a 1-megaton yield. That is explosive weeks ago in a vote. million for RNEP in the 2005 budget re- power equivalent to 1 million tons of I yield the floor. quest. In addition, DOE included the TNT, hardly a small, discrete weapon. The PRESIDING OFFICER. The Sen- RNEP in its 5-year budget report dem- The full megaton yield of the B–83 ator from Rhode Island. onstrating that the real plan was to would be needed to hold at risk a tar- Mr. REED. Mr. President, I rise in continue with the RNEP project get buried 900 feet below the surface— support of the Kennedy amendment through the next 5 years through the because of engineering progress, you ef- dealing with the robust nuclear earth development stage and just up to the fectively can burrow that far down and penetrator, or RNEP. This issue has point at which production would begin. put facilities or intelligence centers or been discussed and debated at length Now it is no longer just a study. In other critical military installations at many times. In fact, my impression fact, DOE is talking about almost $500 that depth. But not only would the was that we had come at least legisla- million over the next several years to fallout not be contained after the deto- tively to a conclusion. The conclusion get ready to build an RNEP. The cost nation of this large a weapon, the re- was that this was not a weapons sys- of the feasibility study has also in- sulting radioactive debris that the B–83 tem that would materially aid our abil- creased dramatically from the initial would put in the atmosphere would ity to advance national security pur- $45 million—$15 million a year for 3 make the fallout worse. You would be poses of the United States. years—to now $145 million. If the study sending a charge down into the earth, In the fiscal year 2003 budget request, is increasing from $45 million to $145 exploding the earth, blowing it up into the Department of Energy sought $15 million, if that same progression is ap- the atmosphere and spreading the fall- million to fund the first year of what plied to development, then right now out. There would be substantial casual- was to be a 3-year, $45 million study to we are talking about almost a billion ties if it were used, and the fallout determine the feasibility of using one dollars to get to the point of develop- would spread for hundreds of miles. of two existing large nuclear weapons ment and production for this RNEP. The National Academy of Sciences as a robust nuclear earth penetrator. Finally, though, I think Congress had study makes it clear that in a popu- They couched it in terms of a study. its fill with the study that turned out lated area, millions of people would be There is some discussion about require- to be a stalking horse for a production killed and injured. ments and studies. My impression is program, and in the fiscal year 2005 Let me give sort of a rough compari- that a requirement is a formal decision budget cycle denied funding. I applaud son of the effects of the B–83 system. It

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.014 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8723 has yields ranging up to 1 megaton; RNEP. I think our colleagues in the just mentioned in the language that that is 1 million tons of TNT. The House, on a bipartisan basis, figured came forward during the Clinton ad- bomb we dropped on Hiroshima was 14 this out last year. We should be equally ministration to decide to conduct this kilotons. It resulted in the death of astute and adroit. We have conven- study. But now we are putting that in 140,000 people. The Nagasaki bomb was tional precision weapons that can deal there to allay the concerns that any 21 kilotons; 73,000 people died. The lethal blows to these types of installa- might have, that somehow authorizing yield of the B–83 bomb is 71 times larg- tions. I think we should not con- a study would result in development er than that used at Hiroshima and 47 template using nuclear weapons, such and deployment of a weapons system. times larger than Nagasaki. That weapons as the B–83, which would yield We know that cannot happen without would cause incredible damage and cas- vast areas of a particular country lit- Congress’s approval, but this really ualties. erally uninhabitable for months if not clamps it down to say there would have In a practical sense, if you are strik- years. Also, by the way—which we to be an affirmative legislative act by ing a critical installation, most likely found from our adversaries, particu- Congress before the Energy Depart- that installation is close enough to ei- larly from our adversaries in Iraq— ment could go forward with developing ther an urban area or close enough to they are fairly astute about trying to any such weapon as this. other key terrain that a military com- counteract our weapons with their tac- I think that ought to allay the con- mander would have to think twice tics. If you were someone who was cerns. I will suggest that is why there about dropping a nuclear bomb on such afraid that the United States might has been so much support for it on a bi- a target. The reality is we could not have such a weapon like an RNEP and partisan basis. operate in that area for years, because use it against you, I think there would A couple of years ago, Secretary of of fallout, because of damage. If your be a strong temptation to put that State Colin Powell wrote Chairman goal were to ultimately destroy and oc- deeply buried target underneath a city, WARNER in support of the RNEP. He cupy an opposing foe, why would you underneath a historic or religious site, asked us to fund a feasibility and cost essentially create a situation where so that our choices would be further study of it, and noted that: you could not even operate in the area? complicated by the fact that we would I do not believe that these legislative steps The other thing about this whole ap- be delivering a nuclear device in an will complicate our ongoing efforts with proach to the RNEP is it fails to recog- area where there could be significant North Korea, inasmuch as the work was nize that we have precision conven- population or significant reasons to funded and authorized in last year’s Defense tional weapons that may not be able to avoid the detonation of a nuclear bill. I believe that North Korea has already reach down 900 feet, but certainly these bomb. factored RNEP into its calculations. It is im- weapons can be used to deal dev- I think this funding is not appro- portant for you to work on these issues and please do not hesitate to call on me. . . . astating blows to the communication priate. I join Senator KENNEDY in urg- networks that serve these facilities and ing that we move to drop it. I urge my Secretary Powell supported it and to the entrances. Eventually there has colleagues to vote for the Kennedy said it basically furthered our foreign to be someplace where you go into amendment, and I yield the floor. policy. So, again, this would be a these tunnels. Those facilities, if they The PRESIDING OFFICER (Mr. WAR- multiyear feasibility study, and we are can be identified, can be shut off by NER). The Senator from Alabama. talking about $4 million being spent on conventional munitions. The goal is to Mr. SESSIONS. Mr. President, I it. In the scheme of our huge budget, I neutralize the target, and that can be thank the Senator for his comments. would say that is not excessive. done, I think, more readily by conven- We would disagree on this, but he is a Suggestions have been made that tional weapons, particularly conven- skilled person in the defense of our somehow this indicates that we are in- tional precision weapons. So the need country, and I respect his comments. different to nuclear weapons, the pow- for this system on a practical basis is Three weeks ago, this Senate voted ers that they contain, the danger that not at all compelling to me, and I do 53 to 43 on this amendment. I am glad they represent, and that somehow this not believe it is compelling to the more we are having this debate. Some have administration is not sensitive to the thoughtful people in the military, said there is not enough time to have a need to reduce the threat from nuclear those who are thinking about these debate on these issues, to bring up and weapons in the world. Nothing could be types of situations. highlight points that the other side further from the truth. There is another factor, too. Again, may want to raise. But we just voted Let me mention a few things about the presumption is that we are going to on it 3 weeks ago. We voted on this what this Nation is doing with regard have a nuclear device that we are going twice last year. This amendment to to its nuclear arsenal. We have already to use to take out a deeply buried tar- strike this language was defeated; the done more than any other nation in the get, which could be in a circumstance language was kept in the bill. Over- world to reduce our nuclear arsenal. where we would be contemplating the whelmingly, the Senate has main- We are committed to huge reductions first use of a nuclear weapon against tained its view that a study of this ro- in our nuclear weapons. In the last 15 one of these targets. We have to be bust nuclear earth penetrator is valid years, the number of U.S. deployed very sure that we have the kind of in- and needed and the Defense Depart- strategic warheads has declined from telligence that will support such ex- ment and the Energy Department have 10,000 to less than 6,000. Under the trea- traordinary use of military power. If certified to that and we ought to go ty we signed, the Moscow Treaty, we we reflect back on Operation Iraqi forward with it. But it is perfectly le- will reduce our strategic nuclear war- Freedom, we thought there were nu- gitimate that we talk about it. heads to between 1,700 and 2,200 by clear weapons—some people did. We I would just say this for emphasis, to 2012—from over 10,000. That is a huge thought there were chemical weapons follow up on Chairman WARNER’s com- reduction. In fact, we have already dis- and thought there were biological ments: The way this language is placed mantled more than 13,000 nuclear weap- weapons. Secretary Powell was before in this legislation, it mandates explic- ons since 1988 and eliminated nearly 90 the United Nations talking about these itly that the Department of Energy or percent of U.S. nonstrategic nuclear mobile biological vans. Department of Defense cannot go for- weapons. The reality is our intelligence was ward to commence development engi- (Mr. ALLARD assumed the Chair.) very poor; certainly not sufficient, in neering without the specific approval We have not produced high enriched my view, to justify the use of a nuclear of Congress. uranium for weapons since 1964, nor weapon like this. So there is a further This robust nuclear earth penetrator plutonium for weapons since 1988. In complication about ever using one of issue began being discussed by the fact, we are the only nuclear power in these weapons; and that is, would we military in 1985, and when the need was the world that has no capability at this have the intelligence to support, par- recognized, it was supported by the moment to produce nuclear weapons. ticularly, the first use of a nuclear Clinton administration Defense and We are simply relying on our old stock- weapon to take out a target like this? Energy Departments. Secretary pile, and that is a matter that a num- We do not need to spend $1 billion to O’Leary specifically supported this. ber of people are concerned about, but develop to the point of production an There were no limitations of the kind I it is true.

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.016 S22JYPT1 S8724 CONGRESSIONAL RECORD — SENATE July 22, 2005 As Senator ALLARD, now I see is the ment of low-yield tactical nuclear program is with a study, research, and Presiding Officer, who last year chaired weapons of under 5 kilotons, or battle- engineering. So it is true we are trying the strategic subcommittee in the field nuclear weapons. That is about a to catch it at the beginning. That is Armed Services Committee that deals third the force that was used at Hiro- not a bad thing. That is a very good with these issues, and I now chair that shima, a 15-kiloton weapon. That is thing. strategic subcommittee—has gone on not, as I say, in this bill. The money, as was stated accurately, to bigger and better things—but it is It started out with a plan to build a would go to the DC National Guard to an important subcommittee and it Modern Pit Facility which could enable it to prepare for possible ter- deals with the strategic defense of produce up to 450 new plutonium pits— rorist attacks in the Nation’s Capital. America. We are moving to incredible the pit being the trigger that detonates Many think this is a much more real- reductions in our nuclear weapons, but a nuclear weapon. If you take a good istic use of this money than a robust we are going to keep something like look, you know you do not need up to nuclear earth penetrator, especially 2,000. How does it threaten the world in 450 plutonium pits for replenishment of when the laws of physics say it is im- peace and make us a warmonger, if we the existing nuclear arsenal. You may possible to drive a missile deep enough can design and make a few of those need 40 to 60. So if you put forward up in the Earth to prevent the spewing of weapons capable of being effective to 450 plutonium pits, to me it is an in- hundreds of millions of cubic yards of against hardened targets? dicator that there is a broader program radioactive waste and cause the death Let’s be realistic. People say, ‘‘This afoot. of hundreds of thousands, if not mil- is a new weapon. This is a new weap- Part of this is also an increase of the lions of people. on,’’ even when we get to the bottom, time to test readiness from 3 years to It is true, we had this debate 3 weeks 2,000 or more nuclear weapons. What is 18 months. What that says is: Beware, ago on the Energy and Water appro- wrong if we have figured out a way to something is going on. We want to be priations bill. That was the other half use a targeted nuclear weapon to deal able to resume testing and we do not of this request. We were not successful with a hardened site? It makes a lot of want to resume testing within the nor- with that vote. We said we would be sense. It certainly does not indicate we mal 3-year delay, we want to move that back to debate this issue. And we will are in a warmongering mode. up to 18 months. So, something is be back again and again and again I have a number of other things I cooking. until we are able to defeat this effort. would say on this subject. I see the The fact is, no one should doubt this It is morally wrong and I believe it Senator from California is here. I am authorization enables the reopening of jeopardizes the national security of our pleased to yield the floor. I assume the the nuclear door to the creation of a country. Senator from California is talking on new generation of nuclear weapons, in The House has had the good sense to Armed Services issues? this case, a robust nuclear earth pene- decisively eliminate funding for the ro- Mrs. FEINSTEIN. Yes. trator of 1 megaton. This is a major ef- bust nuclear earth penetrator, first Mr. SESSIONS. I yield the floor. fort. under the leadership of Representative The PRESIDING OFFICER (Mr. SES- It is true, we fenced it, as the Sen- DAVID HOBSON, the chairman of the En- SIONS). The Senator from California is ator from Alabama pointed out. Before ergy and Water Appropriations Sub- recognized. it goes beyond the engineering stage, it committee. That bill eliminated the $4 Mrs. FEINSTEIN. I thank the Chair. must come back to this Senate for ap- million for the Department of Energy I also thank the distinguished Senator proval. But that does not signify that portion of the robust nuclear earth from Alabama. there is not a new generation of nu- penetrator. Second, the House fiscal I wish to speak on the bill. There is clear weapons being studied, re- year 2006 Defense appropriations bill probably no one in the Senate I have searched, advanced, and authorized in limits research for a bunker buster to a greater respect for than the chairman this bill, specifically the $4 million for conventional program. Finally, during of the Committee on Armed Services. the robust nuclear earth penetrator. its mark of the 2006 Defense authoriza- He certainly does know his material. Our intention is being signaled to the tion bill—that is the companion to the He certainly has put in the years. He rest of the world. The Department has bill we are talking about this morn- certainly has done the work. been clever in not revealing its hand. ing—the House Armed Services Com- I very profoundly disagree with what No longer does it provide the 5-year mittee eliminated all of the Depart- he has said with respect to the robust cost of this study as it did last year. No ment of Energy funding for the robust nuclear earth penetrator. We have longer does it mention this effort in its nuclear earth penetrator and trans- heard this is only a study, that it is statement of administration policy. ferred the $4 million to the Air Force minor in scope, that we have debated The statement of administration poli- budget for work on a conventional non- this before. It is certainly true, we cies on the House Defense Authoriza- nuclear version. So there is a growing have debated this before. We debated it tion and House Energy and Water Ap- body of thought in three specific ef- before because we feel strongly about propriations bills do not mention a ro- forts successfully concluded by the this issue. We have debated it before bust nuclear earth penetrator. Rather, House of Representatives that says we because the Congress eliminated the the attempt was to cloak the study in should not proceed with this program. money last year. We have debated it some kind of obfuscation, to divide it Let me recap: The House Energy and before because we have a strong pas- between two budgets—Energy and De- Water appropriations bill eliminates $4 sion and belief that this is the wrong fense—half, $4 million here, the other million. The House 2006 Defense appro- way for our Nation to go. The fact that $4.5 million in the other budget, with priations bill limits research to a con- we have debated this issue before—Sen- the hope that if one fails, the other will ventional program. And finally, the ator KENNEDY, Senator REED, Senator get through. House Armed Services Committee LEVIN, myself—does not in any way, But nonetheless, this is not minor in eliminated all of the Department of shape, or form downgrade or demean scope. The Modern Pit Facility which Energy funding for the nuclear earth our arguments. could produce up to 450 new plutonium penetrator and transferred it to work Let me discuss this program which is pits is not even being discussed. There on a conventional nonnuclear version. only ‘‘a study.’’ Let me discuss for a is supposed to be a study that will It will be a very hot conference com- moment the way this program started come back and indicate how many pits mittee on these items. But the House out. are necessary to replenish the present has taken the action in three ways It started with appropriations for the nuclear arsenal. That is not before the rather completely. study of a robust nuclear earth pene- Senate. That is in this bill. There is no We are not out on a limb. This is not trator with a 5-year budget projection study to indicate we need 450 pits some whim of a small faction of Mem- of $486 million. That is how it started. today to refresh the existing arsenal, bers of the Senate. We represent a ma- It also coincided with a program particularly when that arsenal is being jority of the Members of the House of called ‘‘advanced concepts initiatives’’ diminished in size. Representatives. I believe we represent which is not in this authorization but The intention is clear. Obviously, the a majority of thinking of the American which last year envisioned the develop- way you begin a new nuclear weapon people. Polls have been done which

VerDate Aug 04 2004 03:56 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.017 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8725 clearly show a bulk of the American RNEP could kill millions of people and begin production engineering by 2009. people are, in fact, not in support of RNEP would not be effective at destroying The FY06 budget request includes $4 million commencing this research, of doing chemical or biological agents for RNEP and $4.5 million to modify the B– this study. RNEP would not be effective at destroying 2 bomber to carry RNEP. Last year, David Let me give a fact sheet of a 2004 poll deep or widely separated bunkers. Hobson, Republican chair of the House Ap- THE ROBUST NUCLEAR EARTH PENETRATOR propriations Energy and Water Development brought to my attention by the Union Subcommittee, zeroed out FY05 funding for of Concerned Scientists. It found most The Robust Nuclear Earth Penetrator (RNEP): RNEP is a nuclear weapon that the program, stating, ‘‘we cannot advocate Americans do not support the develop- for nuclear nonproliferation around the ment of new nuclear weapons by the would burrow a few meters into the ground before exploding and thus generate a power- globe, while pursuing more usable nuclear United States. A substantial majority ful underground shock wave. Its hypo- weapons options here at home.’’ of Americans would oppose funding for thetical targets are deeply buried command AMERICANS OPPOSE NEW NUCLEAR WEAPONS the nuclear bunker buster. Sixty-five bunkers or underground storage sites con- A 2004 poll found that most Americans do percent of Americans say there is no taining chemical or biological agents. not support the development of new nuclear need for the United States to develop The RNEP design: Weapons designers at weapons by the United States and strongly new types of nuclear weapons. They Lawrence Livermore National Laboratory oppose the idea of the United States ever know what the Senator from Rhode Is- intend to use an existing high-yield nuclear using a nuclear weapon first. As Congress de- warhead—the 1.2–megaton B83 nuclear land pointed out, that there are con- bates funding for the Robust Nuclear Earth bomb—in a longer, stronger and heavier Penetrator (RNEP), these results are par- ventional bunker busters that should bomb casing. The B83 is the largest nuclear be developed. They know the key to ticularly relevant. Findings from the poll, weapon in the U.S. arsenal, and nearly 100 which was conducted by the Program on this is good intelligence as to vent times more powerful than the nuclear bomb International Policy Attitudes (PIPA), in- holes, ingress, egress areas, intel- used on Hiroshima. clude: ligence which can lead us to ferret out Technicai realities: According to several A substantial majority of Americans would a nuclear bunker buster. Sixty-three recent scientific studies, RNEP would not be oppose funding for the RNEP, or ‘‘bunker percent found convincing the argument effective at destroying many underground buster.’’ targets, and its use could result in the death 65% of Americans say there is no need for that the United States would be set- of millions of people. the United States to develop new types of ting a bad example by starting to de- RNEP would produce tremendous radio- nuclear weapons. velop new types of nuclear weapons, active fallout: A nuclear earth penetrator 63% found convincing the argument that and a large majority opposes using nu- cannot penetrate deep enough to contain the the United States would be setting a bad ex- nuclear fallout. Even the strongest casing clear weapons for anything other than ample by starting to develop new types of will crush itself by the time it penetrates 10– a deterrent to prevent other countries nuclear weapons. 30 feet into rock or concrete. For compari- from using nuclear weapons. Eighty- A large majority opposes using nuclear one percent oppose the Bush adminis- son, even a one-kiloton nuclear warhead (less than 1/10th as powerful as the Hiroshima weapons for anything other than a deterrent tration’s revelation that they would bomb) must be buried at least 200–300 feet to to prevent other countries from using nu- countenance a first use of nuclear contain its radioactive fallout. The high clear weapons. weapons. Eighty-four percent oppose yield RNEP will produce tremendous fallout 81% oppose the United States ever using the United States using threats of nu- that will drift for more than a thousand nuclear weapons first. clear retaliation to attempt a deter- miles downwind. As, Linton Brooks, the head 84% oppose the United States using threats rent attack on the United States with of the National Nuclear Security Adminis- of nuclear retaliation to attempt to deter an tration told Congress in April, the laws of attack on the United States with chemical chemical or biological weapons. And 57 or biological weapons. percent support the United States re- physics will [never allow a bomb to pene- trate] far enough to trap all fallout. This is 57% percent support the United States re- affirming a commitment to not use nu- a nuclear weapon that is going to be hugely affirming a commitment to not use nuclear clear weapons against countries that destructive over a large area.’’ weapons against countries that do not have do not have nuclear weapons as a way RNEP could kill millions of people: A sim- nuclear weapons, as a way of encouraging of encouraging those countries not to ulation of RNEP used against the Esfahan those countries not to acquire or build nu- acquire or build nuclear weapons. nuclear facility in Iran, using the software clear weapons. Americans have a clear preference developed for the Pentagon, showed that 3 Americans have a clear preference for a for a much smaller nuclear arsenal. million people would be killed by radiation much smaller U.S. nuclear arsenal. Based on this poll, a substantial major- within 2 weeks of the explosion, and 35 mil- 100—The median answer for the number of ity of Americans opposes the study lion people in Afghanistan, Pakistan and nuclear weapons Americans believe are need- India would be exposed to increased levels of ed to provide deterrence. into the nuclear bunker buster. These cancer-causing radiation. 6,000—The approximate number of U.S. nu- findings also show substantial distaste RNEP would not be effective at destroying clear weapons, with roughly 2,000 of these for nuclear weapons in general, with a chemical or biological agents: Unless the maintained on high alert status, ready to be clear preference for a small nuclear ar- weapon detonates nearly in the same room launched in a matter of minutes. senal designed only as a deterrent to with the agents, it will not destroy them. Based on this poll, a substantial majority prevent other countries from using nu- Because the United States is unlikely to of Americans would oppose research into the clear weapons. know the precise location, size and geometry RNEP, a new nuclear ‘‘bunker buster’’ sup- I ask unanimous consent this fact of underground bunkers, a nuclear attack on ported by the Bush administration. These a storage bunker containing chemical or bio- sheet from the Union of Concerned Sci- findings also show the U.S. public’s distaste logical agents would more likely spread for nuclear weapons in general, with a clear entists be printed in the RECORD. those agents into the environment, along There being no objection, the mate- preference for a small nuclear arsenal de- with the radioactive fallout. signed only as a deterrent to prevent other rial was ordered to be printed in the RNEP would not be effective against the countries from using nuclear weapons. RECORD, as follows: deepest or widely separated bunkers. The These poll results are from ‘‘Public Be- SUPPORT AMENDMENTS TO THE ENERGY & seismic shock produced by the RNEP could lieves Many Countries Still Secretly Pur- WATER APPROPRIATIONS BILL TO PREVENT only destroy bunkers to a depth of about a suing WMD,’’ a media release published by NEW NUCLEAR WEAPONS thousand feet. Modern bunkers can be deeper Program on International Policy Attitudes The Robust Nuclear Earth Penetrator than that, with a widely separated complex (PIPA) and Knowledge Networks. The poll (RNEP) is a proposed new nuclear weapon in- of connected rooms and tunnels. was conducted with a nationwide sample of tended to burrow a few meters into rock or There are more effective conventional al- 1,311 respondents from March 16–22, 2004. The concrete before exploding, thus generating a ternatives to RNEP: Current precision-guid- margin of error was plus or minus 2.8%–4.5%, powerful underground shock wave. Its in- ed conventional weapons can be used to cut depending on whether the question was ad- tended targets are deeply buried command off a bunker’s communications, power, and ministered to all or part of the sample. The bunkers or underground storage sites con- air, effectively keeping the enemy weapons release can be found at: http://www.pipa.org/ taining chemical or biological agents. underground and unusable until U.S. forces OnlineReports/WMD/ WMDpressll04ll Technical realities: secure them. Sealing chemical or biological 15ll04.pdf and the full poll at: http:// According to several recent scientific stud- agents underground is far more sensible than www.pipa.org/ OnlineReports/WMD/ ies, RNEP would have limited effectiveness trying to blow them up. WMDreportll04ll 15ll04.pdf. at destroying underground targets and would The RNEP budget: RNEP is not just a fea- have substantial drawbacks. Specifically. . . sibility study: DOE’s 2005 budget included a Mrs. FEINSTEIN. Let me point out, RNEP would produce tremendous radio- five-year projection—totaling $484.7 mil- House Armed Services Committee active fallout lion—to produce a completed warhead design member Sylvester Raiz stated that the

VerDate Aug 04 2004 04:28 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.019 S22JYPT1 S8726 CONGRESSIONAL RECORD — SENATE July 22, 2005 House committee took the ‘‘N’’ or nu- So once again, the bottom line is undermine our nuclear nonprolifera- clear out of the robust nuclear earth that a bunker buster cannot penetrate tion efforts by telling the rest of the penetrator program. into the earth deep enough to avoid world that when it comes to nuclear Remember, last year, in this strong massive casualties, and there would be weapons, do as we say and not as we do. statement I have just told you about— the spewing of millions of cubic feet of That is hypocrisy, pure and simple. in the deletion of funding of the $27.5 radioactive materials into the atmos- How does that make us safer from the million for the earth penetrator and phere. This would result in the deaths prospect of nuclear terror? Answer: It the $9 million for advanced concepts of up to a million people or more if does not. that at the time included a study for used in densely populated areas. In a letter to committee members of the development of the low-yield nu- So why are we doing this? What kind the Senate Appropriations Committee, clear weapons—Republicans and Demo- of Machiavellian thinking is behind the Reverend John H. Ricard, bishop of crats, authorizers and appropriators this reopening of the nuclear door? Pensacola-Tallahassee and chairman of alike, joined together to send a clear Ambassador Linton Brooks of the the Committee on International Policy signal to the administration that the National Security Administration of the U.S. Conference of Catholic House and Senate would not support agrees with these findings. Earlier, in a Bishops, stated: moving forward with the development congressional hearing, Congresswoman Nations that see the U.S. expanding and di- of a new generation of nuclear weap- Ellen Tauscher asked him how deep he versifying our nuclear arsenal are encour- ons. If you consider this, along with thought a bunker buster could go. Here aged to seek or maintain nuclear deterrents the facts I have just revealed, based on is his answer from the transcript of the of their own and ignore nonproliferation ob- a polling of the American people, you House hearing. I quote: ligations. have to wonder why the administration . . . a couple of tens of meters maybe. I mean I could not agree more. comes back with a new request this certainly—I really must apologize for my How will a study of new nuclear year. lack of precision if we in the administration weapons help compel North Korea to In April of this year, a group of ex- have suggested that it was possible to have a abandon its nuclear program? It will bomb that penetrated far enough to trap all perts of the National Academies of not. It will do exactly the opposite. Sciences confirmed what we have long fallout. I don’t believe that—I don’t believe the laws of physics will ever let that be true. How will a study of new nuclear weap- argued—that according to the laws of And remember, we are talking about ons help convince the Iranians to re- physics, it is simply not possible for a spond and give up their own nuclear missile casing on a nuclear warhead to a 1-megaton bomb, 71 times the size of the bomb dropped on Hiroshima—71 weapons? Answer: It will not. Just as survive a thrust into the earth deep calling these nations part of the ‘‘axis enough to take out a hard and deeply times bigger than the 15-kiloton bomb. The devastation from using such a of evil’’ has done nothing but instill in buried military target without spewing them the desire to develop their own millions of tons of radiation into the weapon will be catastrophic. The National Academies of Sciences nuclear weapons programs. That, in atmosphere. fact, has been exactly the case. That is where we are—funding a study is the strongest evidence to date that we should not move forward with In both cases, a study to develop new study that the law of physics says will nuclear weapons, especially when we not work. It is folly to me. And the re- this study and that we should put a stop to it once and for all. Again, the already have a robust nuclear arsenal, percussions are enormous. The Na- only makes those weapons more impor- tional Academies of Sciences study, Senate should listen to the experts and follow the House’s lead. tant to those who do not yet have commissioned by Congress to study the them, such as Iran, or who refuse to anticipated health and environmental So what is the main argument from give them up, such as North Korea. effects of the nuclear earth penetrator, opponents of this amendment, such as And the proliferation of nuclear weap- found the following: that current expe- Secretary of Defense Donald Rumsfeld? ons only increases the chances of them rience and empirical predictions indi- Their argument is: This is just a study. falling into the hands of terrorists who cate that earth-penetrator weapons Nothing is going to happen. Nobody is will not be deterred by a nuclear bunk- cannot penetrate to depths required for going to get the idea: Oh, my goodness, er buster. total containment of the effects of a the United States is moving in this di- Secondly, a study will not change the nuclear explosion. It also found that in rection; we better move. North Korea: conclusions of the National Academies order to destroy hard and deeply buried They are coming after us; we better get of Sciences report: It is not possible to targets at 200 meters, or 656 feet, you there first. India, worried about Paki- develop a nuclear bunker buster that would need a 300-kiloton weapon. And stan: Let’s begin to develop it. Paki- can burrow deep enough into the earth in order to destroy a hard and deeply stan, worried about India: Let’s do the to contain massive amounts of radioac- buried target at 300 meters—that is 984 same thing. tivity fallout. The inevitable result feet—you would need a 1-megaton I do not believe for a second this is weapon. just a study. This is the beginning of a will be the deaths of up to a million The point is, the deeper the bunker, major effort to develop a new genera- people. the larger the nuclear blast must be, tion of nuclear weapons, and nobody So why do we do it? Physics says it and the greater the amount of nuclear should think it is anything else but cannot be done, and somebody in the fallout will be. that. Pentagon who does not know word one The number of casualties, they find, This year, the request is $8.5 million. about physics says it can be. Who do I from an earth-penetrator weapon deto- In fiscal year 2007, the request will in- trust? I do not trust the Pentagon, I do nated at a few meters’ depth, which is crease to $17.5 million, including $14 trust the Academies of Sciences, on all that can be achieved for all prac- million for the Department of Energy this point. This study will not change tical purposes, is equal to that of a sur- and $3.5 million for the Pentagon. And that simple fact. And as Ivan Oelrich of face burst of the same nuclear weapon. while the administration is silent this the Federation of American Scientists Do you know what we are contem- year on how much it plans to spend on points out: plating here, what that surface burst the program in future years, we should Any nation that can dig under a hundred would be? It would be the largest spew- not forget that last year’s budget re- meters of hard rock can dig under a kilo- ing of radioactivity in the history of quest called for spending $486 million meter of hard rock. the world. Enormous. If it were used in on the robust nuclear earth penetrator Our adversaries will only have to North Korea, it would spread to South over 5 years. So that part of the plan build a bunker deeper than 400 meters Korea and Japan. It is unthinkable. was revealed. This 5-year figure was to avoid the effects of a 1-megaton For attacks near or in densely popu- omitted this year, and that is deceiv- bomb that is 71 times bigger than Hiro- lated areas using nuclear earth-pene- ing, I believe. But even if you accept shima. It makes no sense. trator weapons on hard and deeply bur- the argument that this is just a study, Finally, a study will not change the ied targets, the number of casualties that does not justify moving forward fact that we need to improve our intel- would range from thousands to more with this program. ligence capabilities in relation to un- than a million, depending primarily on First, a study on the development of derground targets. Why aren’t we put- weapon yield. new nuclear weapons will still greatly ting that money into intelligence on

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.020 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8727 underground targets, where the vent We could have done that in Iraq. nuclear weapons on Hiroshima and Na- shafts are, where the aromas come up, What would have happened had we gasaki. In Hiroshima, 140,000 people where ingress, egress, and access is, to done this? Would a nuclear bunker died. In Nagasaki, 100,000 people lost pinpoint locations? What use is a nu- buster have been used in Iraq? I won- their lives. Two bombs, 240,000 people clear bunker buster if we cannot locate der. Fortunately, we will never know. dead. The 1-megaton bomb of the ro- and identify an underground target My point is, these policies encourage bust nuclear earth penetrator study is which, ladies and gentlemen, is today other nations to develop similar weap- 71 times bigger than the bomb at Hiro- the case? ons, thereby putting American lives at shima. That is what we are looking at. What would have been the con- risk and our national security interests For shame. sequences if we had used a nuclear at risk. This isn’t the example we What message do we send to the sur- bunker buster in Iraq to take out should set for the rest of the world. In- vivors of those attacks and to the bunkers filled with chemical and bio- deed, I believe the United States can friends and families of the victims by logical weapons—that did not exist? take several actions to make better use moving forward with a study to de- The fact is, we can improve our intel- of our resources and demonstrate our velop a nuclear bunker buster of 1 meg- ligence capabilities and locate and commitment to keeping the world’s aton? Let us acknowledge these anni- identify targets. We can use conven- most dangerous weapons out of the versaries and pay tribute to the vic- tional weapons with specialized deliv- world’s most dangerous hands. tims by putting a stop to this program ery systems to seal off their vulnerable First, we should work to strengthen once and for all. Let us work together points, such as air ducts and entrances the Nuclear Proliferation Treaty. Sen- on commonsense programs that will for personnel and equipment. ator HAGEL and I have introduced a make our country safer without re- We can also look at conventional sense of the Senate amendment to this opening the nuclear door. bunker busters. Last month, I was bill that calls on parties to the Nuclear I urge my colleagues to follow the briefed by Northrop Grumman on a Proliferation Treaty to insist on strict House lead, support this amendment program they are working on with Boe- compliance with the nonproliferation and kill this program. ing to develop a conventional bunker obligations of the treaty and to under- I yield the floor. buster—the Massive Ordnance Pene- take effective enforcement actions The ACTING PRESIDENT pro tem- trator—which is designed to go deeper against states that are in violation of pore. The Senator from Colorado. than any nuclear bunker buster and their obligations; to agree to establish Mr. LEVIN. Will the Senator from take out 25 percent of the underground more effective controls on sensitive Colorado yield for a unanimous consent and deeply buried targets. This is a technologies that can be used to request? 30,000-pound weapon, 20 feet in length, produce materials for nuclear weapons; Mr. ALLARD. Yes. with 6,000 pounds of high explosives. It to accelerate programs to safeguard Mr. LEVIN. I have talked to the will be delivered in a B–2 or B–52 bomb- and eliminate nuclear weapons usable chairman about this. I ask unanimous er. It can burrow 60 meters in the material to the highest standards to consent, with the concurrence of the ground through 5,000 PSI—pounds per prevent access by terrorists or other chairman, after Senator ALLARD has square inch—of reinforced concrete. It states; to agree that no state may completed, that the Chair then recog- will burrow 8 meters into the ground withdraw from the treaty and escape nize Senator SALAZAR, and following through 10,000 PSI reinforced concrete. responsibility for prior violations of Senator SALAZAR, that then Senator We have already spent $6 million on the treaty or retain access to con- DORGAN be recognized. It is a little bit this program, and design and ground trolled materials and equipment ac- out of order because we have been testing are scheduled to be completed quired for peaceful purposes; and to ac- going back and forth, but in terms of next year. Why are we doing this nu- celerate implementation of the NPT- time, I think it may be a fair appor- clear bunker buster that cannot be related disarmament obligations and tionment. done according to the law of physics? commitments that would, in par- Mr. WARNER. Reserving the right to We should focus on practical programs ticular, reduce the world’s stockpiles of object, I would like to amend it to en- such as the Northrop Grumman-Boeing nuclear weapons and weapons-grade able the distinguished Senator from program that will put these under- material. Alabama, whose subcommittee has ju- ground targets at risk without reopen- I urge my colleagues and the man- risdiction over at least one of the ing the nuclear door. agers of this bill to support our amend- amendments of Senator ALLARD, be Let me look once again at the poli- ment. cies underlying this request. Second, we should expand and accel- permitted to use such time as he de- The 2002 Nuclear Posture Review, erate Nunn-Lugar threat reduction sires in the colloquy between the three which is a white paper put out by the programs and provide the necessary re- Senators. administration—singularly overlooked sources to improve security and take Mr. LEVIN. I would ask Senator SES- by this body but read widely by the the rest of the Soviet era nuclear, SIONS if he could give us an idea as to rest of the world—places nuclear weap- chemical, and biological weapons arse- about how long he would be so Senator ons as part of the strategic triad, nals and infrastructure out of circula- DORGAN could plan his time. therefore blurring the distinction be- tion. Mr. SESSIONS. It would be no more tween the conventional and nuclear Third, we should strengthen and ex- than 5 minutes—less than that, prob- use. Why do this? One reason: It makes pand the ability of the Department of ably. them easier to use. It also discussed, Energy’s Global Threat Reduction Ini- Mr. LEVIN. Could we then amend the for the first time, seven countries that tiative to secure and remove nuclear unanimous consent request to include could be targets of U.S. nuclear weap- weapons-usable materials from vulner- Senator SESSIONS immediately fol- ons: Russia, China, Iraq, Iran, North able sites around the world. lowing Senator SALAZAR, then it would Korea, Libya, Syria. Last year, Senator DOMENICI and I go to Senator DORGAN. I did not write this. This is in the Nu- sponsored an amendment to the fiscal The ACTING PRESIDENT pro tem- clear Posture Review. Other nations year 2005 National Defense Authoriza- pore. Without objection, it is so or- have seen this. This is foolish. tion Act that authorized the Secretary dered. Secondly, National Security Direc- of Energy to lead an accelerated, com- The Senator from Colorado. tive-17, which came a few months later, prehensive, worldwide effort to secure, Mr. ALLARD. I thank the Chair. indicates that the United States will remove, and eliminate the threat by Madam President, I rise in opposition engage in a first use of nuclear weap- these materials. to the amendment to strike the $4 mil- ons—a historic statement in itself. We Finally, as I noted previously, we lion appropriation for the robust nu- have never said we would not engage in should improve our intelligence capa- clear earth penetrator commonly a first use. We have never said we bilities to locate and identify under- known as RNEP. There are some com- would engage in a first use. And here ground targets. There is a lot of im- ments made in the debate today to we say we would engage in a first use provement needed. which I would like to add my perspec- to respond to a chemical or biological In August, we will commemorate the tive because they were basically incor- attack. 60th anniversaries of the two uses of rect.

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.021 S22JYPT1 S8728 CONGRESSIONAL RECORD — SENATE July 22, 2005 We have been debating this amend- ing such targets is a responsible step SEC. 330. LIFE CYCLE COST ESTIMATES FOR THE ment for the past 3 years. And we have for our country to take. As many as 70 DESTRUCTION OF LETHAL CHEM- ICAL MUNITIONS UNDER ASSEM- been passing this provision in the Sen- nations are developing or have built BLED CHEMICAL WEAPONS ALTER- ate, defeating any amendments to take hardened and deeply buried targets to NATIVES PROGRAM. it out of legislation. In all the testi- protect command and communications Upon completion of 60 percent of the de- mony I have had over the past 3 years and weapons of mass destruction pro- sign build at each site of the Assembled as chairman of the Strategic Sub- duction and storage assets. Of that Chemical Weapons Alternatives program, committee, which my distinguished the Program Manager for Assembled Chem- number, a number of nations have fa- ical Weapons Alternatives shall, after con- colleague from Alabama now chairs, cilities that are sufficiently hard and sultation with the congressional defense never once has anybody, in testifying deep enough that we cannot destroy committees, certify in writing to such com- before that committee, said that there most of them with our conventional mittees updated and revised life cycle cost will not be any nuclear fallout. Not weapons. Some of them are so sophisti- estimates for the destruction of lethal chem- once have they indicated that they felt cated that they are beyond the current ical munitions for each site under such pro- this was going to lead us into an arms U.S. nuclear weapons capability. gram. race. AMENDMENT NO. 1419 I believe it is prudent and imperative Here is what we have done. This is Mr. ALLARD. Madam President, I that we fund this study. I emphasize what they have talked about, taking ask unanimous consent to lay aside the again, this is a study on the potential some of the nuclear warheads that we pending amendment, and I call up capabilities to address this growing now have in our nuclear arsenal and re- amendment No. 1419. category of threat. designing those in a way in which they The ACTING PRESIDENT pro tem- might be more effective, if we happen Should the Department of Energy de- pore. Without objection, it is so or- to have a deep bunker that is posing a termine, through this study, that the dered. threat to Americans, whether Amer- robust nuclear earth penetrator can The clerk will report. ican soldiers or American citizens. meet the requirements to hold a hard The assistant legislative clerk read We need to have a study. That is and deeply buried target at risk, the as follows: what this provision is all about. What Department still could not proceed to The Senator from Colorado [Mr. ALLARD], we are talking about is reducing the full-scale weapon development, produc- for himself and Mr. SALAZAR, proposes an amount of collateral damage. That tion or deployment without an author- amendment numbered 1419. means reducing the amount of, per- ization and appropriation from Con- Mr. ALLARD. I ask unanimous con- haps, nuclear fallout or perhaps reduc- gress. Let me repeat that. The Depart- sent that reading of the amendment be ing the blast range because you take ment of Energy cannot go ahead, be- dispensed with. all that energy and you drive it down yond this study, without the express The ACTING PRESIDENT pro tem- into the ground instead of driving it in authorization or appropriation from pore. Without objection, it is so or- a horizontal direction, which obviously Congress. dered. means for collateral damage. They are Frankly, we should allow our weap- The amendment is as follows: talking about focusing the study on ons experts to determine if the robust (Purpose: To authorize a program to provide the B–83 warhead which is part of our nuclear earth penetrator could destroy health, medical, and life insurance benefits arsenal today. That is all we are talk- hardened and deeply buried targets. to workers at the Rocky Flats Environ- mental Technology Site, Colorado, who ing about, a study. We are going to be That is the purpose of the study. Then looking at the current arsenal makeup would otherwise fail to qualify for such Congress could have the information it benefits because of an early physical com- of weapons that we have to modify would need to make a responsible deci- pletion date) them to reduce collateral damage. I sion as to whether development of such On page 378, between lines 10 and 11, insert think that is a commendable goal. I a program is appropriate and necessary the following: think it warrants the support of the to maintain our Nation’s security. SEC. 3114. RETIREMENT BENEFITS FOR WORK- Members of the Senate. ERS AT ROCKY FLATS ENVIRON- Again, I urge my colleagues to op- This bill includes funding of $4 mil- MENTAL TECHNOLOGY SITE, COLO- lion to continue the Air Force-led fea- pose the amendment before us. RADO. sibility study. This is a study on the AMENDMENT NO. 1418 (a) PROGRAM AUTHORIZED.—Subject to the availability of funds under subsection (d), robust nuclear earth penetrator. This Mr. ALLARD. Madam President, I the Secretary of Energy shall establish a is not a new issue for Congress to con- ask unanimous consent to lay aside the program for the purposes of providing sider. In both the defense authorization pending amendment so I may offer a health, medical, and life insurance benefits and the Energy and Water appropria- number of amendments. to workers at the Rocky Flats Environ- tions bills, amendments have been of- The ACTING PRESIDENT pro tem- mental Technology Site, Colorado (in this fered to cut all funding for the robust pore. Without objection, it is so or- section referred to as the ‘‘Site’’), who do not qualify for such benefits because the phys- nuclear earth penetrator. These dered. amendments have been defeated on ical completion date was achieved before De- Mr. ALLARD. Madam President, I multiple occasions. cember 15, 2006. (b) ELIGIBILITY FOR BENEFITS.—A worker at The purpose of the RNEP feasibility send to the desk amendment No. 1418. The ACTING PRESIDENT pro tem- the Site is eligible for health, medical, and study is to determine if an existing nu- life insurance benefits under the program de- clear weapon can be modified to pene- pore. The clerk will report. scribed in subsection (a) if the employee— trate into hard rock in order to destroy The assistant legislative clerk read (1) was employed by the Department of En- a deeply buried target that could be as follows: ergy, or by contract or first or second tier subcontract to perform cleanup, security, or hiding weapons of mass destruction or The Senator from Colorado [Mr. ALLARD], administrative duties or responsibilities at command and control assets. The De- for himself and Mr. MCCONNELL, proposes an the Site on September 29, 2003; and partment of Energy has modified nu- amendment numbered 1418. clear weapons in the past to modernize (2) would have achieved applicable eligi- Mr. ALLARD. I ask unanimous con- bility requirements for health, medical, and their safety and security and reli- sent that reading of the amendment be life insurance benefits as defined in the Site ability aspects. We have also modified dispensed with. retirement benefit plan documents if the existing nuclear weapons to meet our The ACTING PRESIDENT pro tem- physical completion date had been achieved new military requirements. Under the on December 15, 2006, as specified in the Site Clinton administration, we modified pore. Without objection, it is so or- project completion contract. the B–61 so it could penetrate frozen dered. (c) DEFINITIONS.—In this section: soils. The RNEP feasibility study is The amendment is as follows: (1) HEALTH, MEDICAL, AND LIFE INSURANCE narrowly focused to determine whether BENEFITS.—The term ‘‘health, medical, and (Purpose: To require life cycle cost estimates life insurance benefits’’ means those benefits the B–83 warhead can be modified to for the destruction of lethal chemical mu- that workers at the Site are eligible for penetrate hard rock or reinforced un- nitions under the Assembled Chemical through collective bargaining agreements, derground facilities. Weapons Alternatives program) projects, or contracts for work scope. Funding research on options, both On page 66, after line 22, insert the fol- (2) PHYSICAL COMPLETION DATE.—The term nuclear and conventional, for attack- lowing: ‘‘physical completion date’’ means the date

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.024 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8729 the Site contractor has completed all serv- The cleaning and eventual demol- me. In fact, it appears that Kaiser-Hill ices required by the Site project completion ishing of these buildings was just the and the workers at Rocky Flats are far contract other than close-out tasks and serv- beginning. Hundreds of vials of con- exceeding their cleanup commitments. ices related to plan sponsorship and manage- taminated process piping interlaced I cannot express the full extent of ment of post-project completion retirement benefits. the complex. More than a dozen infin- how proud I am of their achievement. (3) PLAN SPONSORSHIP AND PROGRAM MAN- ity rooms were so contaminated that Listen to some of their accomplish- AGEMENT OF POST-PROJECT COMPLETION RE- they had been sealed and abandoned— ments: All weapons grade plutonium TIREMENT BENEFITS.—The term ‘‘plan spon- some for as long as 30 years. Hundreds was removed in 2003. sorship and program management of post- of tons of plutonium compound, ura- More than 1,400 contaminated glove project completion retirement benefits’’ nium byproducts, and other radioactive boxes and hundreds of process tanks means those duties and responsibilities that and toxic residues remained at Rocky have been removed. are necessary to execute, and are consistent Flats. More than 400,000 cubic meters of with, the terms and legal responsibilities of Yet the workers at Rocky Flats were low-level radioactive waste has been the instrument under which the post-project completion retirement benefits are provided not deterred. They had built compo- removed. to workers at the Site. nents using some of the most dan- Six hundred and fifty of the eight (d) AUTHORIZATION OF APPROPRIATIONS.—Of gerous substances the world has ever hundred and two facilities have been the amounts authorized to be appropriated known. Now they were ready to tackle demolished. to the Secretary of Energy in fiscal year 2006 one of the most dangerous cleanup All four uranium production facili- for the Rocky Flats Environmental Tech- projects ever contemplated. ties have been demolished. nology Site, $15,000,000 shall be made avail- In 1992, Rocky Flats was transferred All five plutonium production facili- able to the Secretary to carry out the pro- gram described in subsection (a). to the DOE’s environmental manage- ties have been demolished or will be ment program for the purpose of clean- within the next 3 months. Mr. ALLARD. Madam President, I ing up the contamination and waste. Three hundred and ten of three hun- rise to discuss amendment No. 1419 and dred and sixty sites of soil contamina- the incredible achievements of the Few knew where to begin. The unprece- tion have been remediated. workers at the Department of Energy’s dented size and magnitude of the The last shipment of transuranic Rocky Flats environmental technology project was simply daunting. It took waste was shipped this past April. site and to offer an amendment on be- years to just figure out the best ap- It now appears that the cleanup of half of these workers. Rocky Flats is proach to the project. The expected Rocky Flats will be completed—com- located a few miles northwest of Den- cost was also staggering. In 1995, the pleted—as early as this October, a full ver, CO. For four decades, this facility cleanup was predicted to cost upward year ahead of schedule, and save the was the Department of Energy’s dedi- of $35 billion and to take 70 years to American taxpayers not thousands, not cated site for manufacturing pluto- complete. millions, but billions upon billions of nium pits for the U.S. nuclear weapons When I came to the Senate in 1996, dollars. stockpile. the cleanup of Rocky Flats had been This highly classified production fa- dragging out for nearly 4 years with Mr. President, you can only appre- cility was run by over 8,000 Coloradans little progress. Tons of weapons-grade ciate the magnitude of this accom- who worked day and night for most of plutonium remained and most build- plishment when you realize that within the Cold War and used some of the ings at Rocky Flats had not been 6 years, Rocky Flats will have been most dangerous substances known to touched. More than 2 million 55-gallon transformed from one of the dangerous man, including plutonium, beryllium, drums of waste needed to be removed. places on Earth to a beautiful and safe and uranium. The workers at Rocky I found this lack of progress simply natural wildlife refuge. Flats were devoted to their jobs and be- unacceptable. The safety of the people I applaud the leadership provided by lieved in their mission. They risked of Colorado was at risk and the Amer- CH2M HILL. The management expert their lives on a daily basis and did so ican taxpayer could ill afford to allow provided by this company was critical with the knowledge that their efforts this project to drag on indefinitely. At to this effort. Kaiser-Hill took the were contributing to the security of my urging, the DOE, in 2000, finally put challenge head on despite the tough our Nation. They are heroes of the Cold the resources into accelerating the schedule and limited funding. The com- War and have earned our respect, admi- cleanup of Rocky Flats. Under the pany can be proud of its accomplish- ration, and our appreciation. leadership of then-Under Secretary Bob ments and its contribution to the safe- When plutonium pit production Card, and then-Assistant Secretary ty of the people of Colorado. ended in 1991, it was unclear what role Jesse Roberson, the DOE took the un- Yet CH2M HILL could not have these workers would play in the clean- precedented step of rethinking its ap- achieved the demanding goals estab- up of Rocky Flats. They could have proach to the cleanup. These creative lished by the Department of Energy walked away from the job. They had leaders challenged the lead contractor, without the hard work and determina- performed their duty with excellence CH2M HILL, and the workers at Rocky tion of the Rocky Flats workers. Most for nearly 40 years. No one could ask Flats to move much more aggressively. of these workers had to literally de- them to do more. Yet the workers at They were given the seemingly impos- velop an entire new skill set. They Rocky Flats were not ready to quit. sible mission of completing the cleanup went from manufacturing plutonium They saw a new challenge in front of of the massive contamination at Rocky pits to dismantling glove boxes. They them—a challenge they could not walk Flats by 2007, at a cost of less than $7 cleaned up rooms that were so con- away from. They knew the cleanup billion. taminated that they were forced to use would be difficult and very dangerous, Most scoffed at this approach. They the highest level of respiratory protec- but they were not deterred. believed there would be considerable tion available. These workers stayed and, over the cost overruns and schedule delays. Perhaps more important, these work- next decade, they performed magnifi- They didn’t think CH2M HILL could ef- ers were extraordinarily productive cently. Their task was anything but fectively execute this kind of contract. even though they knew they were es- simple. Five large plutonium proc- Most of all, they doubted the commit- sentially working themselves out of a essing facilities encompassing over a ment of the workers at Rocky Flats. job. With the completion of the clean- million square feet were highly con- They could not fathom why these up and closure of Rocky Flats, they taminated with dangerous radioactive workers would work themselves out of knew they would have to find employ- material. The contamination was so se- a job. Even the GAO doubted the abil- ment elsewhere. There was no guar- vere that these buildings were ranked ity of the workers at Rocky Flats to antee that the next job would pay as among the top 10 contaminated facili- ship massive quantities of waste re- much or provide the same level of ben- ties in the DOE nuclear weapons com- quired to achieve closure by 2006. efits. plex. Building No. 771, in particular, I, however, had faith in the workers Despite knowing they were going to was even singled out by the national at Rocky Flats. I am pleased to state lose their jobs, the workers at Rocky media as ‘‘the most dangerous building today that Kaiser-Hill and the workers Flats remained highly motivated and in America.’’ at Rocky Flats have not disappointed totally committed to their cleanup

VerDate Aug 04 2004 03:56 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.004 S22JYPT1 S8730 CONGRESSIONAL RECORD — SENATE July 22, 2005 mission. They believed in what they These workers would have received mistake before the Department’s fool- were doing and worked hard to clean retirement benefits had the cleanup ishness costs the American taxpayers up the facility as quickly and as safely continued to 2035, as originally pre- even more money in the future. as possible. They achieved more in less dicted. The workers would have re- I yield the floor. time and with less money than anyone ceived their retirement benefits had Mr. SESSIONS. Madam President, I dreamed possible. I am proud of the the cleanup continued to December 15, think under the UC, I was given a few workers at Rocky Flats. I believe they 2006, as the site contract specified. But minutes. have once again earned our Nation’s by accelerating the cleanup by over a The ACTING PRESIDENT pro tem- sincere appreciation and respect. year and saving the taxpayers hun- pore. The Senator from Alabama. Given the sacrifice and dedication dreds of millions of dollars, these Mr. SESSIONS. Madam President, I demonstrated by these workers, you workers are left without the retire- thank Senator ALLARD for his leader- would think the Department of Energy ment benefits they deserve and, I feel, ship in the Senate and for his leader- would do everything it could to ensure have justly earned. ship on nuclear issues. There is no one that these workers received the com- Mr. President, the Department’s re- who understands the issue more. No pensation and benefits they have fusal to provide these benefits has one has been more committed to effec- earned. ramifications far beyond Rocky Flats. tively and efficiently eliminating the You would think assisting those Because Rocky Flats is the first major difficulties at Rocky Flats than he has, workers who lose their retirement ben- DOE cleanup site, workers at other and the Nation is in his debt. That I efits because of the early completion of sites around the country are watching say with certainty. the cleanup would be a top priority of to see how the DOE treats the workers At one time in my life, I was a U.S. the Department. After all, these work- at Rocky Flats. Unfortunately, they attorney and am aware that Federal of- ers saved the Department billions upon have seen how the DOE has failed to ficials are limited in certain of their billions in cleanup costs. step up and provide retirement benefits powers. Somebody might say they have Last year, it became clear to the to those who have earned it. earned something, but maybe they DOE and to me that the cleanup at The workers at other sites now have have not legally earned it. And if they Rocky Flats could be completed much no incentive to accelerate cleanup. have not legally earned it, they cannot earlier than anyone expected. The Why should they? The Department of be paid for it. workers were supportive of early clo- Energy hasn’t lifted a finger to help I don’t know where we will come out sure but were concerned that some of the workers at Rocky Flats. It would with this amendment the Senator has their colleagues would lose retirement be foolish for workers at other sites to offered. I know how committed Senator benefits because of early closure. think the DOE would act fairly with ALLARD and Senator SALAZAR are to I share their concern and requested them if they accelerated cleanup. helping these employees, but I note in last year’s Defense authorization To me, the Department’s decision is that as I understand it, these are not bill that the DOE provide Congress penny-wise and pound-foolish. By re- governmental employees but employ- with a report on the number of workers fusing to provide these benefits, the ees of a private contractor. That com- who would not receive retirement bene- Department saves money in the short plicates matters, to say the least. fits and the cost of providing these ben- term. Yet by discouraging the workers We are talking about providing bene- efits. After a lengthy delay, the DOE from supporting acceleration, the De- fits to employees of a private con- reported that about 29 workers would partment is going to cost the American tractor over and above the collective not receive pension and/or lifetime taxpayers hundreds of millions in addi- bargaining agreement they had. Since medical benefits because of early clo- tional funding in the long run. this program has been scheduled to be sure. The cost of providing benefits to I believe Congress needs to correct completed, they did have benefits in these workers is estimated to be just the Department’s mistake before it is the agreement for them for early ter- over $12 million. too late. mination and early generous payments To my dismay, I discovered the Today, I offer an amendment that when this contract ended. DOE’s report was woefully incomplete. will provide some of the benefits to I say to my friend how much I re- I was subsequently informed that at those workers who have lost them be- spect him. I am telling you, Madam least another 50 workers would have cause of early closure. I am pleased President, he is working. He has al- qualified for retirement benefits had that my colleague from Colorado, Sen- most shut down the Senate over this the DOE bothered to include those ator SALAZAR, has agreed to cosponsor issue, but I am not sure we can ask the workers who had already been laid off this important amendment. I support Department of Energy and I am not because of the accelerated closure his bipartisan effort. The amendment sure this Congress can take this step. schedule. is narrowly focused on providing We are closing BRAC sites around the Mr. President, this means as many as health, medical, and life insurance ben- country. We have a chemical weapons 75 workers at Rocky Flats will lose efits to those workers affected. facility in my State destroying poison their pensions, medical benefits, or, in This amendment is limited in the gases. I hope it finishes early. I am not some cases, both because they worked funding it provides. It is solely focused sure we can give every private con- faster, less expensively, and achieved on providing these benefits to those tractor employee a bonus. Presumably more than they were supposed to. They workers who would have received the company had that in their con- not only worked themselves out of a health, medical, and life insurance ben- tract. job but also out of retirement benefits efits had the site remained open until Those are the problems with which and medical care. December 15, 2005, the date of the site we are dealing. It is not a lack of con- I find the Department of Energy’s re- cleanup contract. cern. It is real difficulties that exist. I fusal to pay these benefits to be out- To be clear, these benefits are not an salute both Senators from Colorado for rageous. additional bonus for a job well done, their interest in these employees. I Many of the workers at Rocky Flats nor is it a going away present for those share those concerns. served our Nation for over two decades. two decades of service. The health, Mr. ALLARD. Will the Senator from They have risked their lives day in and medical, and life insurance benefits are Alabama yield? day out, first by building nuclear weap- what these workers have already Mr. SESSIONS. I will be pleased to on components, and then by cleaning earned—nothing more, nothing less. yield. I have just a minute, as I know up some of the most contaminated I urge my colleagues to support this the Presiding Officer is committed to buildings in the world. All they have amendment. These workers have leaving and I am supposed to replace asked for in return is to be treated earned these benefits, and it is up to her. with fairness and honesty. this body to see they receive it. Mr. ALLARD. Madam President, I To my disappointment, and to the Let’s not let the bureaucrats in the appreciate the fine work of the Senator disappointment of the workers at Department of Energy tarnish the from Alabama, a good friend of mine. Rocky Flats, the DOE cannot seem to credibility of the Federal Government. There are a couple points I would like keep its end of the bargain. It is time for this body to correct this to make.

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.028 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8731 The workers at Rocky Flats were ment of Energy complex today, there FEINSTEIN was speaking on it when I paid by Federal dollars. They were not are numerous sites that are undergoing came to the Chamber today. That is technically employed by the Federal very difficult, very complex, and very the question of money that is des- Government. Their benefits were paid expensive cleanups. The men and ignated to begin research on the con- by the Federal Government. There is a women of Rocky Flats, who have been struction, hopefully, according to those commitment there, in my view. This working there for decades, have been who want it, of an earth penetrating amendment tries to correct any legal the ones who have taught the United bunker buster nuclear weapon. problems we may have there. States of America, including the De- There is somewhere in the neighbor- Again, I appreciate the concern and partment of Energy, what it is we have hood of 25,000 to 30,000 nuclear weapons interest the chairman of the Sub- to do to make sure we can move for- on this Earth. Mr. President, 25,000 to committee on Strategic Affairs has to- ward with an efficient, effective clean- 30,000 nuclear weapons exist on this ward this issue. I hope somehow we can up that will cost less money. Earth. And now we have people talking resolve this in all fairness, not only to Indeed, the contract for the cleanup about building new nuclear weapons in the taxpayers but also to the workers. of Rocky Flats had called for that con- this country, building designer nuclear Mr. SESSIONS. I thank the Senator. tract to be completed at the end of this weapons, creating a new category of The ACTING PRESIDENT pro tem- year, 2005. But because of the good nuclear weapons, beginning to test nu- pore. The Senator from Virginia. work of the men and women at Rocky clear weapons once again. That strikes Mr. WARNER. Madam President, be- Flats, that schedule has been expe- me as pretty foolhardy because our re- fore my colleagues depart—I have been dited. sponsibility as the world’s superpower engaged in a wide variety of activities Indeed, when one looks back at the is to lead in a direction that tries to here—can the Senator advise me, history of Rocky Flats over the last prevent nuclear weapons from ever en- through the Chair, are these to be several years, there was a time when it tering into the hands of terrorists or pending amendments to be voted on? Is was thought Rocky Flats would not be rogue nations or adversaries. Our lead- there to be a further period of debate? cleaned up and ready for closure until ership responsibility is to try to stop We want to accommodate the Senator’s 2010. Later it was 2007, and moved back the spread of nuclear weapons, to con- desire if he could give us a clarification to 2006. Yet employees working with vince others not to build nuclear weap- of the procedures he hopes to have. CH2M HILL at Rocky Flats have ons. Mr. ALLARD. Madam President, we brought the conclusion of Rocky Flats Let me read from Time magazine, may very well have to vote on these to probably October of this year, which pending amendments. I would like to March 11, 2002. is only a few months away. For a few harrowing weeks last fall, a have them available for that purpose. I For the employees who worked at would like to continue to talk with the group of U.S. officials believed that the Rocky Flats during this timeframe, worst nightmare of their lives—something staff of the Department of Energy and they had an expectation that the con- even more horrific than 9/11—was about to the chairman and his staff. But if nec- tract would be in place through the end come true. In October, an intelligence alert essary, I would like to have an oppor- of December 31, 2005. The amendment went out to a small number of Government tunity to have a vote on this amend- which has been authored by Senator agencies, including the Energy Department’s ment. ALLARD and by myself and offered to top secret Nuclear Emergency Search Team Mr. WARNER. Would the Senator our colleagues to consider simply rec- based in Nevada. The report said terrorists consider seeking the votes now so they were thought to have obtained a 10-kiloton ognizes the contribution of these em- nuclear weapon from the Russian arsenal are in that category? Does the Senator ployees so they are, in fact, made wish to have a rollcall vote, Madam and planned to smuggle it into New York whole. City. President? With all due respect to my friend The source of the report was an agent code Mr. ALLARD. The proper request is, from Alabama, I have to say these em- name Dragonfire who intelligence officials I ask for their consideration. ployees were Federal employees and believed was of ‘‘undetermined’’ reliability. The ACTING PRESIDENT pro tem- were brought in to continue the work But Dragonfire’s claim tracked with a report pore. The amendments are pending. that had to be done there at Rocky from a Russian general who believed his Mr. WARNER. I think that is suffi- forces were missing a 10-kiloton nuclear cient clarification. Flats with respect to the cleanup. The amount of money we are asking weapon. Mr. ALLARD. We would like to have Since the mid-’90s, proliferation experts a vote on the amendments. for in this amendment is a small have suspected that several portable nuclear Mr. WARNER. At the appropriate amount relative to the billions and bil- devices might be missing from the Russian time, we can arrange that. lions of dollars that have been spent in stockpile. That made this Dragonfire report I thank the distinguished Senators the Department of Energy complex and alarming. So did this: Detonated in lower from Colorado. cleanups that have not been as success- Manhattan, a 10-kiloton bomb would kill The ACTING PRESIDENT pro tem- ful as the one at Rocky Flats. some 100,000 civilians. . . . And counterter- pore. The Senator from Colorado. I join my colleague Senator ALLARD rorist investigators there went on their high- est state of alert. Mr. SALAZAR. Madam President, I in urging bipartisan support for this rise in strong support of amendment amendment because it recognizes, first, That was from Time magazine, No. 1419 offered by Senator ALLARD, my the men and women who helped us March of 2002. Many of us heard reports good friend from Colorado. I fully sup- bring about the end of the Cold War of this before. It said following 9/11 in port it. I think it demonstrates the bi- and, second, the men and women who October of that year, there was a partisan nature of this particular helped us demonstrate to this country rumor that intelligence officials took amendment. how it is you take a facility contami- seriously that terrorists had acquired a Let me make two points with respect nated with plutonium and how it is you nuclear weapon and were intending to to Rocky Flats. First and foremost, I clean it up in record time, and which smuggle that nuclear weapon into a think this Nation should be very grate- will serve as a model for America as we major American city and detonate it. ful to the workers of Rocky Flats for move forward in the cleanup of DOE fa- Interestingly, no one believed it was having done what they did during al- cilities. impossible for someone to have ob- most five decades to make sure we did I yield the floor. tained a nuclear weapon. There are everything within our power to bring The PRESIDING OFFICER (Mr. SES- 25,000 to 30,000 nuclear weapons on this about an end to the Cold War. The men SIONS). The Senator from North Da- Earth. We hear the stories about the and women who worked at Rocky Flats kota. then-Russian nuclear stockpile of thou- were principally responsible for cre- AMENDMENT NO. 1415 sands of weapons without adequate ating the nuclear arsenal we had in our Mr. DORGAN. Mr. President, I have control and maintenance, some reports Nation that allowed us to be strong come to the floor to offer a couple of about the command and control of during the Cold War, that allowed us to amendments. First I will say a few those weapons being dealt with with then bring the Cold War to an end. words about the amendment offered by pencil notations and notebook paper. At the same time, it is important for the Senator from Massachusetts and So it was not beyond the pale that us to recognize that within the Depart- the Senator from California. Senator someone could have stolen a nuclear

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.030 S22JYPT1 S8732 CONGRESSIONAL RECORD — SENATE July 22, 2005 weapon. Neither did intelligence offi- I have great concern about those who that desperately wish to acquire them, cials doubt that having stolen a nu- talk so easily about our country build- and to safeguard the nuclear weapons clear weapon, terrorists would be able ing new nuclear weapons, perhaps even that already exist in our arsenal to to find a way to detonate a nuclear using a nuclear weapon. We have heard make certain that they are not ac- weapon. that language in recent years, talking quired by other interests. Why do I mention this? Because with about the need to create designer nu- That is a diversion from the point I the thousands of nuclear weapons that clear weapons. Our responsibility is far was making but an important one, I exist in this world, the acquisition of greater than that. I believe our respon- think. I came here to say that I sup- one nuclear bomb by a terrorist group sibility as a world leader is to lead in port the amendment that has been of- detonated in a major city in this coun- the direction of preventing the spread fered today. I do not support the spend- try or in other countries will cause a of nuclear weapons; to do everything ing of money for the development of a catastrophe unlike any we have ever humanly possible to prevent the spread designer nuclear weapon, bunker bust- known. of nuclear weapons; to do everything ers, whatever it might be called. It (Mr. LUGAR assumed the Chair.) humanly possible to control the nu- seems to me that is moving in exactly That ought to persuade us that our clear weapons that now exist and safe- the wrong direction. responsibility is to do everything hu- guard those nuclear weapons that now Since I think the most likely threat manly possible, as the world’s most exist. is a stolen nuclear weapon put in the powerful nation, to stop the spread of Since the Presiding Officer is from trunk of a rusty car at an American nuclear weapons, to prevent terrorists the State of Ohio, I will show some- dock or an American city, I would hope in rogue nations from ever acquiring thing I have shown many times that is that we would begin to spend as much nuclear weapons, and to begin reducing in my desk. I ask unanimous consent time and resources dealing with the the number of nuclear weapons. That is to show my colleagues two pieces of in- most likely threats as we do dealing our leadership responsibility. That re- formation. with the most unlikely threat, and sponsibility falls to our country and The PRESIDING OFFICER. Without that is the spending of billions and bil- yet we have people who say, well, not objection, it is so ordered. lions of dollars to create an electronic to worry about that; in fact, let us talk Mr. DORGAN. This happens to be catcher’s mitt, an antiballistic missile about building new nuclear weapons; from a wing strut of a backfire bomber system, in the belief that a rogue na- let us design different nuclear weapons. that the Soviets used to fly when we tion or a terrorist would acquire an There is even talk about potentially were in the Cold War. My assumption ICBM and then arm it with a nuclear using a nuclear weapon. There is dis- perhaps is that this bomber carried nu- warhead. cussion about beginning testing nu- clear weapons. In the Cold War, the nu- Could that conceivably happen? Per- clear weapons. I think that sort of clear weapons on top of missiles were haps, but it is the least likely threat thing is reckless because it sends a sig- aimed at our country. The nuclear we face from terrorists. The most like- nal to the rest of the world that we are weapons carried in the bomb bay of a ly threat is the theft of a nuclear weap- not really serious about trying to re- backfire bomber did not mean good on and the placement of that in the duce the number of nuclear weapons in things for our country. trunk of a car or in a container on a this world. How did I acquire a piece of an air- ship, and I hope we will spend as much We should be serious about it. It plane that was part of a Soviet bomb- time worrying about that and dealing ought to be the highest priority for er? This happens to be sawed off the with that as we do the other. this country to stop the spread of nu- wing of that airplane. It was sawed off Again, that is sort of a long way of clear weapons, halt the ability of ter- the wing of an airplane at American saying I support the amendment that rorists to ever acquire a nuclear weap- taxpayer expense, one of the most suc- has been offered to strip the funding on with which they would threaten cessful things we have ever done. The for the robust nuclear earth penetrator thousands, tens of thousands, hundreds reason I mention it now is the Pre- bunker buster. of thousands of people. siding Officer’s name is on that legisla- AMENDMENT NO. 1426 This Defense authorization bill is tion, and through a program advanced I send an amendment to the desk, spending a great deal of money on an by Senators LUGAR and NUNN, we have and ask for its immediate consider- antiballistic missile defense system, had remarkable success in reducing the ation. kind of a catcher’s mitt, in case a ter- weapons delivery systems. The PRESIDING OFFICER. Without rorist organization or rogue nation This is from a bomber. This is the objection, the pending amendment is would launch an intercontinental bal- ground-up copper wire of a submarine laid aside. listic missile against our country with that used to stealthily move under the The clerk will report. a nuclear warhead. This antiballistic waters of our oceans, again with nu- The assistant legislative clerk read missile program is kind of a catcher’s clear weapons, with warheads prepared as follows: mitt to go up and catch a speeding bul- to aim at American cities. How did I The Senator from North Dakota [Mr. DOR- let and hit it with another speeding acquire copper wire from a submarine GAN] proposes an amendment numbered 1426. bullet. Frankly, it is the least likely that belonged to the Soviet Union? threat to this country. The threat that That submarine was taken apart, dis- Mr. DORGAN. Mr. President, I ask a terrorist organization or a rogue na- mantled, as a result of arms control unanimous consent that the reading of tion would acquire an intercontinental agreements that dismantled weapons the amendment be dispensed with. The PRESIDING OFFICER. Without ballistic missile armed with a nuclear delivery systems that at one point objection, it is so ordered. warhead and then shoot it at our coun- threatened America. The amendment is as follows: try, that is one of the least likely sce- It is now in this form, a piece of a narios. bomber and copper wire from a sub- (Purpose: To express the sense of the Senate The most likely scenario would be a marine, which I hold in my hand on the on the declassification and release to the public of certain portions of the Report of terrorist or rogue nation acquiring a Senate floor because programs like the the Joint Inquiry into the Terrorist At- nuclear weapon through theft or some Nunn-Lugar program, things like arms tacks of September 11, 2001, and to urge the other device and then deciding to put it control agreements, do work and can President to release information regarding in the trunk of a rusty car sitting in a work to reduce the threat in this coun- sources of foreign support for the hijackers dock in New York City or putting it in try. I have had this in my desk for involved in the terrorist attacks of Sep- one of the many containers that show some while and have used it only to tember 11, 2001) up at an American port on a container demonstrate that our responsibility as At the end of subtitle G of title X, add the ship. After all, there are 5.7 million a world leader is to lead in the direc- following: containers that show up at our ports. tion of doing everything humanly pos- SEC. 1073. SENSE OF SENATE ON DECLASSIFICA- Only a very small percentage are ever sible to reduce the number of nuclear TION OF PORTIONS OF THE JOINT INQUIRY INTO THE TERRORIST AT- inspected. That is a much greater, weapons on this Earth, to stop the TACKS OF SEPTEMBER 11, 2001. much more likely threat to this coun- spread of nuclear weapons to rogue na- (a) FINDINGS.—The Senate makes the fol- try. tions, terrorists, and other countries lowing findings:

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.032 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8733 (1) The Administration has prevented the mittee in the Senate, both of whom felt In other comments, Senator SHELBY release to the American public of 28 pages of that this information should be made said that he believed 90 to 95 percent of the Joint Inquiry into Intelligence Commu- available to the American people. But this should be made available to the nity Activities Before and After the Ter- it has never been made available to the American people and would not com- rorist Attacks of September 2001. (2) The contents of the redacted pages dis- American people. promise any intelligence sources. cuss sources of foreign support for some of Let me read the page prior to the 28 The President was asked about this the hijackers involved in the September 11, pages that have been redacted. Page issue. He was asked actually in a Rose 2001, terrorist attacks while they were in the 395: Garden appearance back at that point United States. Finding: Through its investigation, the before a meeting with King Saud, (3) The Administration’s decision to clas- Joint Inquiry developed information sug- where the President said he had no sify this information prevents the American gesting specific sources of foreign support qualms at all about rebuffing the re- people from having access to information for some of the September 11 hijackers while quest to release this information pub- about the involvement of certain foreign they were in the United States. licly because he said there is an ongo- governments in the September 11, 2001, ter- Fifteen of the nineteen hijackers ing investigation into the 9/11 attacks, rorist attacks. were citizens of Saudi Arabia. The find- and we do not want to compromise the (4) The Kingdom of Saudi Arabia has re- ing says they developed information investigation. quested that the President release the 28 suggesting specific sources of foreign pages. Well, even the Ambassador from support for some of the September 11 (5) The Senate respects the need to keep Saudi Arabia to the United States hijackers while they were in the United information regarding intelligence sources called for the release of this informa- States. The joint inquiry’s review con- and methods classified, but the Senate also tion because there was substantial recognizes that such purposes can be accom- firmed that the intelligence commu- speculation about what it said. I can- plished through careful selective redaction nity also has information, much of not say what it said on the Senate floor of specific words and passages, rather than which has yet to be independently because it is top secret. I can read what effacing content entirely. verified, concerning these potential (b) SENSE OF SENATE.—It is the sense of the Senator SHELBY has said and what Sen- sources of support. Senate that— ator GRAHAM said on the Senate floor. Instead, the Joint Inquiry referred a de- (1) the President should declassify the 28- I can show that in this report there are page section of the Joint Inquiry into The tailed compilation of information it had un- covered in documents and interviews to the 28 pages which the American people are Terrorist Attacks of September 11, 2001, that not allowed to see. I can say that there deals with foreign sources of support for the FBI and CIA for further investigation by the hijackers involved in the September 11, 2001, Intelligence Community and, if appropriate, are published reports—and I have read terrorist attacks; and law enforcement agencies. them into the record now from The (2) only those portions of the report that It talks then at the end of this page Washington Post and others and I will would directly compromise ongoing inves- about the joint inquiry, which states: read into the record, if it is necessary, tigations or reveal intelligence sources and It was not the task of this Joint Inquiry to the comments from my two colleagues methods should remain classified. conduct the kind of extensive investigation who were the chairman and ranking Mr. DORGAN. This amendment that that would be required to determine the true member of the Intelligence Committee, I have offered is a sense-of-the-Senate significance of such alleged support to the that references Saudi Arabia. The amendment and it deals with this hijackers. On the one hand, it is possible point is even the Government of Saudi that these kinds of connections could sug- booklet. It is, as published, December gest, as indicated in a CIA memorandum, Arabia suggested and said publicly that 2002, ‘‘A Joint Inquiry Into the Intel- ‘‘incontrovertible evidence that there is sup- this material should be declassified and ligence Community Activities Before port for these terrorists,’’ blank, blank, made public. and After The Terrorist Attacks of blank. Senator SHELBY, the vice chairman September 11, 2001,’’ a report of the At that point, it is redacted. of the congressional inquiry at that U.S. Senate Select Committee on Intel- This was classified at the White point, reiterated his view that 90 to 95 ligence and the U.S. House Permanent House. These documents went to the percent of the classified pages could be Select Committee on Intelligence, White House, then to be published pub- released without jeopardizing national dated December 2, 2002. licly, and prior to publication 28 pages security. It was the first evaluation of intel- were classified top secret. That is why My point is this. I have reviewed the ligence related to the attack against in the middle of this booklet we see 28 top secret material. I am sure many of this country on September 11, 2001. pages with no information. my colleagues have. They all should. It On page 395, and I will read a portion There was a call to declassify it be- contains information that the Amer- of it, it begins a discussion about some- cause a substantial amount of informa- ican people have a right to see. thing that is very sensitive and then it tion in the press and elsewhere raised Let me again read the lead to the 28 turns to 396 and subsequent pages. As questions about this issue. redacted pages. Again, I am reading we can see, those pages are blank. I will read from The Washington Post from the Joint Intelligence Committee There are 28 pages in the middle of this at this point in time, December 12, Report: book that are blank. They are blank 2002: Through its investigation, the joint in- because they are classified at the mo- Leaders of the congressional panel ending quiry developed information suggesting spe- ment as top secret. Members of Con- an investigation of the September 11, 2001, cific sources of foreign support for some of gress can, under certain conditions, go terrorism attacks yesterday accused the ad- the September 11 hijackers while they were and read this top secret material. I and ministration of refusing to declassify infor- in the United States. mation about possible Saudi Arabian finan- Every Member of the Senate should a good number of my colleagues have. cial links to U.S.-based terrorists because Previously, I and other colleagues have the material would be embarrassing and read that top secret material. But as well brought to the attention of the would heighten political tensions with the every American citizen should have ac- Senate the need for this information to desert kingdom. cess, to understand what it says, be- be declassified. Continuing from The Washington cause it should not be classified. It is The amendment that I offer is very Post: unfair. It is unfair to the American simple. It says that the President In releasing the panel’s final report on the people, and I submit it is unfair to should declassify the 28-page section of intelligence agencies’ performance before the Saudi Arabia. The Saudi Arabian Gov- the joint inquiry into the terrorist at- attacks, Sen. Bob Graham (D-Fla.), chair- ernment has said it ought to be unclas- tacks of September 11 that deals with man of the Senate intelligence committee, sified. foreign sources of support for the hi- and Sen. Richard C. Shelby (R-Ala.), the vice I have on a previous occasion offered jackers involved in the September 11, chairman, said the information on Saudi this amendment to the Senate. There 2001, attack. Arabia should be made public to inform the was an objection, so I offer the same The American people have been pre- public about a continued source of support amendment again today. It is now 4 for anti-American terrorism groups. Doing vented from seeing this. I will, in a mo- so also would put more pressure on the U.S. years from the date of that attack. It ment, quote from Senator SHELBY and government to force the Saudis to sever is now long past the time when inves- Senator GRAHAM, then-chairman and their financial links to charities and individ- tigation is ongoing. The President said vice chairman of the Intelligence Com- uals who support terrorism, they said. he would not declassify this because

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.006 S22JYPT1 S8734 CONGRESSIONAL RECORD — SENATE July 22, 2005 there is an ongoing investigation into soon as September 11 concluded, as soon as Mr. DORGAN. Mr. President, my un- 9/11, and we don’t want to compromise the last flames were put out at the Pen- derstanding was we had ample time it. That investigation by the 9/11 Com- tagon, the World Trade Center and on the this afternoon. I will truncate my re- mission, authorized by the Congress— field in Pennsylvania, all that infrastructure marks. I had intended to speak longer was immediately taken down? Again, this is that investigation is over. So this ex- my hypothesis: I don’t believe it was taken than 10 minutes, but I don’t want to cuse is no longer an excuse. down. I believe that infrastructure is likely disadvantage my colleague on the floor I submit the American people have a to still be in place assisting the next genera- or disadvantage those managing the right to know if there were those who tion of terrorists who are in the United bill. I will come back on Monday and provided support to the 9/11 terrorists States. speak at greater length about the who were in this country and preparing Those are very fundamental ques- amendment I will offer now and keep to launch the attack on 9/11. If there tions, and if the public had access to my comments short at this moment. were those foreign governments, for- these 28 pages, they would be demand- Mr. WARNER. I would very much ap- eign interests, or as the report indi- ing answers. preciate it if the Senator will accom- cated simply, ‘‘foreign sources of sup- That is a response from the chairman modate the Senate in that way. port,’’ then the American people have a of the Senate Intelligence Committee, Mr. DORGAN. Mr. President, I ask right to know. not some partisan, with sentiments unanimous consent the pending amend- My amendment is a very simple echoed largely by the vice chairman of ment be set aside. amendment, painfully simple. Once the committee, about the top secret The PRESIDING OFFICER. Without again, I offer it to say it is the sense of classification of those 28 pages. objection, it is so ordered. the Senate that this information shall My amendment, once again, simply AMENDMENT NO. 1429 be declassified. We ask the President to says I believe the American people (Purpose: To establish a special committee declassify this information and see have the right to know what is on of the Senate to investigate the awarding that it is made available to the Amer- these pages. These 28 pages are blank. and carrying out of contracts to conduct ican people. I know what is there. Some of my col- activities in Afghanistan and Iraq and to I was intending to read this. I think leagues know what is there because we fight the war on terrorism) I shall not—perhaps just a paragraph are able to see top secret material. The Mr. DORGAN. Mr. President, I offer or two of it. American people don’t know what is an amendment for myself, Senator My colleague, Senator GRAHAM from there, and they should. DURBIN, and Senator LAUTENBERG. I Florida, who in fact stood at this desk Having read it, I simply say they send the amendment to the desk and and made this statement, he was then- ought to have the right to see it as ask for its immediate consideration. chairman of the Intelligence Com- well, and my amendment is a sense-of- The PRESIDING OFFICER. The mittee. Senator SHELBY, who I de- the-Senate amendment that would ask clerk will report. scribed as chairman, was chairman at the President to make available, to de- The legislative clerk read as follows: one point, and then Senator GRAHAM as classify this material, so there are no The Senator from North Dakota [Mr. DOR- the ranking member, and then it longer questions about what it says. GAN], for himself, Mr. DURBIN, and Mr. LAU- switched and Senator GRAHAM was Mr. WARNER. Mr. President, I thank TENBERG, proposes an amendment numbered chairman. During this particular time, my distinguished colleague, and I as- 1429. Senator GRAHAM, as chairman, and sure him, in consultation with the Mr. DORGAN. I ask unanimous con- Senator SHELBY, as vice chairman, chairman and indeed the ranking mem- sent the reading of the amendment be both agreed that the bulk of this ought ber of the Senate Intelligence Com- dispensed with. to be made available to the American mittee, his amendment will be given The PRESIDING OFFICER. Without people. Let me just quote the state- every careful consideration. objection, it is so ordered. ment made on the floor of the Senate Mr. President, at this time I know The amendment is as follows: by our colleague, Senator GRAHAM, the there is another Senator. (The amendment is printed in today’s chairman of the Intelligence Com- Mr. DORGAN. Mr. President, I am RECORD under ‘‘Text of Amendments.’’) mittee. He is describing this. not finished. I thought you were asking Mr. DORGAN. Mr. President, this is an amendment that deals with a sub- This report makes a very compelling case, me to yield for a question. based on the information submitted by the Mr. WARNER. Yes, I wasn’t quite ject I have previously brought to the agencies themselves, that there was a for- certain. I thought there was a brief floor of the Senate, so far unsuccess- eign government which was complicitous in time in which you were going to ad- fully, but my hope is this time perhaps the actions leading up to September 11, at dress the Senate. I am trying to accom- I will have better luck. It deals with least as it relates to some of the terrorists modate one of your colleagues. the question of dramatic waste, fraud, who were present in the United States. Mr. DORGAN. I have one additional and abuse in contracting, particularly There are two big questions yet to be an- amendment. with respect to the war effort in Iraq. swered. Why would this government have In the early 1940s, 1941 to be exact, provide the level of assistance—financial, Mr. WARNER. Can the Senator ad- logistical, housing, support service—to some vise the Chair and the Senate the time Harry Truman, a Democrat from the of the terrorists and not to all of the terror- you would require? State of Missouri, serving here in the ists? We asked that question. There has been Mr. DORGAN. I indicated to my col- Senate when a Democratic President no response. league I would be speaking about 20 was in the White House, decided that My own hypothesis—and I will describe it minutes, but I have one additional he wanted to have an investigation of as that— amendment that probably will take what he considered substantial waste, I am continuing to quote Senator about 10 minutes. fraud, and abuse in Pentagon spending GRAHAM— Mr. WARNER. Very well, Mr. Presi- and spending by contractors. I am sure is that in fact similar assistance was being dent. We will all wait that period of it was uncomfortable for a Democrat in provided to all or at least most of the terror- time. Thank you. the White House to have a member of ists. The difference is that we happened, be- Mr. LEVIN. Mr. President, I ask his own party in the Senate pushing, cause of a set of circumstances which are unanimous consent that following the but he did. He kept pushing as only contained in these 28 censored pages, to have Harry Truman could, and created fi- an unusual window on a few of the terrorists. Senator from North Dakota, if it is not We did not have a similar window on others. already locked in, then the Senator nally a Truman committee, a special Therefore, it will take more effort to deter- from Colorado be recognized to intro- committee. They held hearings all mine if they were, in fact, receiving that as- duce three amendments which will around the country. They were relent- sistance. take a total of—about how long? less. They found massive amounts of I continue to quote Senator GRAHAM Mr. SALAZAR. Mr. President, ap- waste, fraud, and abuse in spending— of Florida. proximately 15 minutes. yes, even during the war effort. It was, An even more serious question is what Mr. LEVIN. Approximately 15 min- perhaps, uncomfortable for everybody would lead us to believe that if there was utes. that this was going on, that this kind this infrastructure of a foreign government The PRESIDING OFFICER. Without of inquiry existed. But Harry Truman supporting some of the 19 terrorists, that as objection, it is so ordered. was not about to take a ‘‘no’’ answer

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.034 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8735 from anybody, so he pushed and are more involved—the top civilian of- The PRESIDING OFFICER. The Sen- pushed. ficial is a wonderful woman with a ator from Colorado is recognized. Finally, it came on the radar screen wonderful record who has worked for Mr. WARNER. Before the distin- in the Senate that when you spend years for this country. Here is what she guished Senator addresses the Senate, I money, particularly when you are at said. And by the way, she is paying for see our distinguished colleague from war, you can’t have people profit- it with her career because whistle- Connecticut. If I could inquire as to the eering. It has to be spent effectively in blowing is not looked upon with favor Senator’s wishes. We are trying to ar- support of this country’s interests in by the old boys network. Here is what range a schedule. support of our troops. she said, Bunny Greenhouse: Mr. LIEBERMAN. Mr. President, I We have a war in Iraq. We have sol- I can unequivocally state that the abuse thank my friend from Virginia. Five diers in harm’s way in Afghanistan. We related to the contracts awarded to K.B.R. minutes is the maximum I require. are moving massive quantities of Halliburton represents the most blatant and Mr. DORGAN. If I might I make one money out the door in the Congress— improper contract abuse I have witnessed comment, I defamed my friend, the $81 billion here, $45 billion there, $55 during the course of my professional career. Presiding Officer. I suggested some billion there. It is, in many cases, She is paying for this bit of honesty with her while ago he was from Ohio. He, in going to contractors—some substantial career because the good old boys don’t like to hear that. fact, is from Indiana. I have known amounts to replenish Defense Depart- that all along, and those in the North- The question is, for all the things ment accounts, but a substantial ern Great Plains see everything out that are being done—payment to have amount to contractors. there as east. But my distinguished a room air conditioned, have the con- We hear substantial waste, fraud, and colleague Senator LUGAR, to whom I tractor come pick up a bag of cash, and abuse. It almost makes you sick. This refer, is from Indiana. I talked about it goes to a subcontractor—pretty soon is a picture of $2 million wrapped in Nunn-Lugar and the wonderful work the American taxpayers’ payment to Saran wrap. In fact, the guy standing done. I want to make sure I identify it have room air conditioning, turns out right here said they were playing foot- correctly. the room has a little fan in it and we ball, playing catch with bundles of Mr. LEVIN. We, the defamed people paid for air conditioners. hundred-dollar bills. What were they from Michigan, are really from Ohio. It is unbelievable what is going on. doing with this? They were actually Mr. WARNER. If I might ask that the There are 85,000 brand new trucks left giving money to contractors in Iraq. Senator from Connecticut be recog- on the roadside because they had a flat Contractors were told: Bring a bag, we nized following the remarks by the tire, to be trashed and torched. pay in cash. Bring a bag because we Senator from Ohio—the Senator from Plugged fuel pumps? Dump the truck. pay in cash over here. Colorado. It is unbelievable what is going on in This picture shows what was going The PRESIDING OFFICER. The Sen- waste, fraud, and abuse. I have held on. The guy who did this testified be- ator from Colorado. five hearings in the policy committee fore a committee at a hearing that I Mr. SALAZAR. It is, indeed, fortu- on this. We had whistleblowers who held. I don’t need to go through a lot of nate to be a Senator from the State of have the courage to show up and talk charts, but ‘‘Uncle Sam Looks Into Colorado. about what is going on. There are 50,000 Meal Bills, Halliburton Refunds $27 I start my comments by giving my tons of nails laying in the sands of Million.’’ appreciation to the Senator from Vir- Saudi Arabia because they ordered the We had one example: Halliburton cor- ginia, Senator WARNER, and to the Sen- wrong size, so they dump them on the poration charging the American tax- ator from Michigan, Senator LEVIN, for sands. The American taxpayer will pay payer. They were feeding 42,000 a day— their great leadership in putting to- for that. Need some towels for troops? at least that is what they were charg- gether what is a very good bill. The Halliburton subsidiary orders tow- ing for, 42,000 meals a day. Guess what. I also thank their staffs because at els for troops and they nearly doubled They were only serving 14,000 meals a the end of the day I know how much of the cost of the towels so they could put day. the work goes into these major pieces their logo on the towels. I came from a small town that had a of legislation put together by our great Yes, it is going on all the time. It is really small restaurant. I can under- staffs. Judy Ainslee and Rick DeBobes unbelievable. And nobody does a thing stand them missing a cheeseburger or have done a fantastic job on behalf of about it. Nothing. Do you think this two, but a corporation that over- the United States, on behalf of the Sen- Congress is holding aggressive over- charges the Federal Government for ate. I thank them for their efforts. feeding soldiers by 28,000 meals a day? sight hearing? None. Nobody is inter- Then we had another hearing. We had ested. Why? Because it would embar- AMENDMENTS NOS. 1421, 1422, AND 1423, EN BLOC one of the food service supervisors in rass somebody. Meanwhile the Amer- I ask that the pending amendment be Iraq who works for a subsidiary of Hal- ican taxpayer is taking a bath and the set aside. liburton. He said we were feeding food troops are being poorly served, in my The PRESIDING OFFICER. Without that was outdated and expired, expired judgment, with this sort of nonsense. objection, it is so ordered. stamps on it by as much as a year. My amendment is simple. I will Mr. SALAZAR. Mr. President, I have I see the Washington Times had a lit- speak at some length on Monday. I a series of amendments at the desk, tle blurb today. They mentioned that. want to truncate this for the sake of Nos. 1421, 1422, and 1423. I ask they be People were writing in and saying: the time problems my colleagues have. called up en bloc. That is nothing, we used to eat old K My amendment is very simple. My The PRESIDING OFFICER. The rations. Does anybody believe it is amendment calls for the establishment clerk will report. right that when we send our soldiers to of a Truman-type committee again The legislative clerk read as follows: Iraq and we have food hauled over by a that would do the oversight that is not The Senator from Colorado [Mr. SALAZAR] contractor and we pay for good food to being done by this Congress. It will be proposes amendments numbered 1421, 1422, be fed to our troops, and then they end bipartisan. It seems to me we have an and 1423, en bloc. up with food that is expired for a year, obligation to the American people and Mr. SALAZAR. I ask unanimous con- they say that is OK, serve it to the we have an obligation to our troops. I sent the reading of the amendments be troops; and if a convoy comes through offer the amendment and I will come dispensed with. and is subject to attack the supervisor back and speak later. The PRESIDING OFFICER. Without says, you grab that food out, pull the In the interest of time problems, I objection, it is so ordered. shells out and shrapnel out, and feed it yield the floor. The amendments are as follows: to the troops. I put that testimony in Mr. WARNER. Mr. President, I thank AMENDMENT NO. 1421 the RECORD. our colleague. The Senator brings to (Purpose: To rename the death gratuity pay- Let me tell you, a top civilian offi- the Senate a very serious proposal. It able for deaths of members of the Armed cial at the Corps of Engineers, involved will be given serious consideration. Forces as fallen hero compensation) in awarding sole-source contracts to At this time, the Senator from Colo- At the end of subtitle D of title VI, add the companies like Halliburton—and there rado desires to be recognized. following:

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.035 S22JYPT1 S8736 CONGRESSIONAL RECORD — SENATE July 22, 2005 SEC. 642. RENAMING OF DEATH GRATUITY PAY- SEC. 330. PROVISION OF DEPARTMENT OF DE- from start to final approval, I am personally ABLE FOR DEATHS OF MEMBERS OF FENSE SUPPORT FOR CERTAIN happy knowing that they will be able to THE ARMED FORCES AS FALLEN PARALYMPIC SPORTING EVENTS. spend more quality time with their loved HERO COMPENSATION. Section 2564 of title 10, United States Code, ones. I know my place is here, and will re- (a) IN GENERAL.—Subchapter II of chapter is amended— main until we all leave in early Autumn. 75 of title 10, United States Code, is amended (1) in subsection (c), by adding at the end as follows: the following new paragraphs: That one response from one lieuten- (1) In section 1475(a), by striking ‘‘have a ‘‘(4) A sporting event sanctioned by the ant colonel underscored our troops’ death gratuity paid’’ and inserting ‘‘have United States Olympic Committee through dedication to the cause we are engaged fallen hero compensation paid’’. the Paralympic Military Program. in. This young man with his own fam- (2) In section 1476(a)— ‘‘(5) A national or international ily back in Colorado Springs was cele- (A) in paragraph (1), by striking ‘‘a death Paralympic sporting event (other than one brating that members of his unit—not gratuity’’ and inserting ‘‘fallen hero com- covered by paragraph (3) or (4)) which is— he—were returning home to their fami- pensation’’; and ‘‘(A) held in the United States or any of its (B) in paragraph (2), by striking ‘‘A death territories or commonwealths; lies. Thousands of troops are making gratuity’’ and inserting ‘‘Fallen hero com- ‘‘(B) governed by the International that same selfless sacrifice every day. pensation’’. Paralympic Committee; and We owe each of them the best possible (3) In section 1477(a), by striking ‘‘A death ‘‘(C) sanctioned by the United States equipment and training. They and gratuity’’ and inserting ‘‘Fallen hero com- Olympic Committee.’’; and their families also should expect that pensation’’. (2) in subsection (d)— we will ensure their quality of life. (4) In section 1478(a), by striking ‘‘The (A) by inserting ‘‘(1)’’ before ‘‘The Sec- The $441 billion bill in the amend- death gratuity’’ and inserting ‘‘The amount retary’’; and ments we have adopted in the last day of fallen hero compensation’’. (B) by adding at the end the following new (5) In section 1479 (1), by striking ‘‘the paragraph: will begin to do just that. That bill au- death gratuity’’ and inserting ‘‘fallen hero ‘‘(2) Not more than $1,000,000 may be ex- thorizes a total of $109 billion in appro- compensation’’. pended in any fiscal year to provide support priations to the Department of Defense ( 6) In section 1489— for events specified under paragraph (5) of for military personnel, and $236 million (A) in subscction (a), by striking ‘‘a gra- subsection (c).’’. of that amount is more than the Presi- tuity’’ in the mattcr preceding paragTaph (1) Mr. SALAZAR. Mr. President, before dent’s budget requested. and inserting ‘‘fallcn hero compensation’’; discussing these amendments, I under- In my State of Colorado, where more and score the great importance of this leg- than 9,000 troops are currently de- (B) in suhscetion (b) (2), by inserting ‘‘or othcr assistanee’’ after ‘‘lesser death gra- islation. This legislation sends an im- ployed overseas, I am especially mind- tuity’’. portant message to our troops and to ful of the important quality-of-life in- (b) CLERICAL AMENDMENTS.— their families, to the important work vestments that have been included in (1) Such subchapter is further amended by it funds, and the important signal it this bill. striking ‘‘Death gratuity:’’ each place it ap- sends to the world from the United The bill would provide a 3.1-percent pears in the heading of sections 1475 through States of America. across-the-board pay raise for military 1480 and 1489 and inserting ‘‘Fallen hero com- Today, more than 15,000 people from personnel. That is important to honor pensation:’’. my State are serving overseas in sup- our men and women in uniform. It au- (2) The table of sections at the beginning of port of Operations Iraqi Freedom and thorizes the payment of imminent dan- such subchapter is amended by striking ‘‘Death gratuity:’’ in the items relating to Enduring Freedom in Afghanistan. ger pay to servicemembers hospitalized sections 1474 through 1480 and 1489 and in- Many of these soldiers, air men and as a result of wounds they have in- serting ‘‘Fallen hero compensation:’’. women, reservists, and National Guard curred as a result of hostile action for (c) GENERAL REFERENCES.—Any reference men and women are preparing for their the duration of their hospitalization. to a death gratuity payable under sub- second tour of duty away from their That is a move in the right direction. chapter II of chapter 75 of title 10, United families. It would permanently increase the fall- States Code, in any law, regulation, docu- The 4,000 soldiers of the 3rd Armored en hero compensation for servicemem- ment, paper, or other record of the United Cavalry Regiment are in Iraq for their bers killed in combat or combat-re- States shall be deemed to be a reference to second tour of duty, and 1,800 soldiers fallen hero compensation payable under such lated activities from $12,000 to $100,000. subchapter, as amended by this section. from the 43rd Area Support Group and With the inclusion of Senator LEVIN’s 130 from the 571st Medical Company are AMENDMENT NO. 1422 important amendment, it will ensure also overseas, while the 947th Engineer- that the family of any active-duty sol- (Purpose: To provide that certain local edu- ing Company and the second of the cational agencies shall be eligible to re- dier who was killed will qualify for this ceive a fiscal year 2005 payment under sec- 135th Aviation Battalion are preparing important assistance. tion 8002 or 8003 of the Elementary and to leave for Iraq in the fall. The legislation also permanently in- Secondary Education Act of 1965) I give a sincere welcome home to all creases the maximum amount of cov- At the end of subtitle G of title V, insert 3,762 soldiers from the 2nd Brigade erage for group life insurance from the following: Combat Team, 2nd Infantry, who are $250,000 to $400,000. That is the right SEC. 585. APPLICATIONS FOR IMPACT AID PAY- returning to their families in Colorado start. I am hopeful with the inclusion MENT. Springs as I stand in the Senate today. of Senator NELSON’s amendment we Notwithstanding paragraphs (2) and (3) of The most moving thing I have done will eliminate the survivor benefit plan section 8005(d) of the Elementary and Sec- since coming to the Senate some 6 dependency indemnity compensation ondary Education Act of 1965 (20 U.S.C. months ago was a bipartisan trip which offset and fix serious inequities in how 7705(d)(2), (3)), the Secretary of Education I took to Iraq led by Senator HARRY shall treat as timely filed, and shall process the military treats the survivors of REID from Nevada. On that trip I saw for payment, an application under section military retirees. 8002 or section 8003 of such Act for fiscal year many moving things, though nothing The bill also extends several bonuses 2005 from a local educational agency that— more impressive than our troops and relating to recruiting and retention, (1) for each of the fiscal years 2000 through their dedication to the mission and to including the selected reserve reenlist- 2004, submitted an application by the date their units. ment bonus, the ready reserve enlist- specified by the Secretary of Education Shortly after returning to the United ment and reenlistment bonuses, the under section 8005(c) of such Act for the fis- States from Iraq, I dropped a line to prior service enlistment bonus, the en- cal year; and Lieutenant Colonel ‘‘Mac’’ from Colo- (2) submits an application for fiscal year listment and reenlistment bonuses for rado whom I had met on the trip. I in- active-duty members, and the reten- 2005 during the period beginning on February quired how he was doing, and in re- 2, 2004, and ending on the date of enactment tion bonus for servicemembers with of this Act. sponding he wrote: critical military skills. Our troops’ spirits remain high. Some AMENDMENT NO. 1423 I will cosponsor an amendment with more than others, as I’ve worked and re- my friends Senators LIEBERMAN, CLIN- (Purpose: To provide for Department of De- ceived permission to allow about 40 of our fense support of certain Paralympic sport- troops to redeploy early, as the pace of our TON, and NELSON, to increase the size of ing events) support has decreased and will remain steady our Active-Duty Army by 80,000 troops. At the end of subtitle C of title III, add the but not too hectic over the next six months Increasing the size of our military will following: of our deployment. Having worked the plan reduce the strain placed on individual

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.008 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8737 soldiers, improving the quality of their . . . the gravest threat facing America today has been developed to assist with the lives and their families’ lives. It will is a terrorist detonating a nuclear bomb in rehabilitation of disabled veterans re- allow our fighting men and women to one of our cities. The National Security Ad- turning from Iraq and Afghanistan. It spend more time at home with their visory Group judges that the Bush Adminis- tration is taking insufficient actions to is a simple amendment that addresses families between deployments. It will counter this threat. a very important issue, especially to address what is today an overstretched We must do better. Knowing that the disabled veterans who are return- American Army. Most importantly, such a horrendous act is even possible, ing from Operation Iraqi Freedom and adding 80,000 troops will help to defend we must take every step possible now Operation Enduring Freedom. our Nation at home and abroad with to ensure it does not come about. Amendment No. 1422 is another the strongest military in the world. This bill authorizes $415 million for Our health care for our troops and amendment that improves upon this DOD’s Cooperative Threat Reduction bill. It will restore badly needed edu- their families also is addressed. This Program, taking an important first bill would extend health care coverage cational impact aid funding to the El step in locking down, perhaps, the Paso School District, which educates under TRICARE Prime for the children most ready source of nuclear materials of active-duty servicemembers who the children of more than 60 percent of for terrorists. the military personnel serving our Na- died while on active duty and who have With the inclusion of the Lugar tion at the Fort Carson military base been on active duty for a period of amendment, of which I was proud to be in Colorado. more than 30 days, so the dependent a cosponsor, I hope we will begin to cut child would be able to receive through the red tape that has hindered For the 2004–2005 fiscal year, the El TRICARE until age 21. our efforts at locking down this threat Paso School District submitted its ap- After the inclusion on Thursday of for far too long. I commend my col- plication for impact aid to the Depart- the excellent bipartisan amendment of- league from Indiana for his leadership ment of Education on time, but due to fered by Senators GRAHAM and CLIN- over the decades on this effort. inadvertence and, perhaps, bureau- TON, it will ensure access to TRICARE Authorizing a total of $50 billion in cratic misdirection and mistake, it was for Guard and Reserve and that care supplemental appropriations for this will continue. deemed to be untimely because they This bill also requires the Secretary next fiscal year for ongoing operations failed to submit the application in of Defense to report to Congress about in Iraq and Afghanistan, and the global electronic format. As a result, the the adverse health effects that may be war on terror, the bill also tells the school district that serves mostly mili- associated with the use of antimalaria world we are not deterred by the hate- tary families was assessed a 10-percent drugs. ful attacks on buses and trains in Lon- penalty. This amendment will deem This is a good bill. The bill is vitally don or on cars in Baghdad. the school district’s application as important for the work it also funds. It We are prepared, once again, to fulfill timely. The money is already in the funds $78.2 billion for procurement. It our obligations to fund the effort in Department of Education’s budget. authorizes $127 billion for operations Iraq. I repeat my plea to the President Thus, this amendment does not take and maintenance. It does a lot to sup- that he frankly discuss his plan for money away from another source or port our investment in creating a success in Iraq with the American peo- another State. ple while he candidly informs Ameri- strong defense for our Nation. One may ask, What connection does I am particularly pleased the com- cans about how we will pay for it. this have to our service personnel? And mittee included $6.4 million to con- I am also hopeful that as this bill struct a Space Warning Squadron Sup- moves forward to its final form, the why is it so critical to the support of port Facility at the Greeley Air Na- amendments I have called up for con- our military personnel? tional Guard Station. Our air guard sideration will also be included. First of all, 60 percent of the 5,500 El provides a vital service at that station, Amendment No. 1421 would simply Paso School District students belong but the current facility is substandard change the name of the ‘‘death gra- to military families stationed at Fort by anyone’s measure. When personnel tuity’’ to ‘‘fallen hero compensation.’’ Carson, and they will be impacted by leave that facility, they drape plastic This amendment was approved by the the cut in the amount of money avail- over their computers today so they are Senate in the supplemental appropria- able for their education. tions bill but was dropped in con- not destroyed by the water that leaks Many of the loved ones of the stu- through the roof. ference. dents and staff of the El Paso School I am also pleased with the inclusion ‘‘Death gratuity’’ is the name for the of the amendment offered by my col- assistance that taxpayers make avail- District have been deployed to Iraq as leagues from Kentucky, Senators able to military survivors. The term part of Operation Iraqi Freedom. In fact, over 11,000 soldiers from Fort Car- MCCONNELL and BUNNING, and my good ‘‘gratuity’’ means gift. Not one of the friend from Colorado, Senator ALLARD, widows, widowers, or children left be- son are currently deployed in Iraq that we are prepared to take another hind think of that money as a gift. today. That is over one-half of the positive step forward in meeting our This is a simple change. There should fort’s total forces. Many units from responsibility to destroy the chemical be no opposition from Members of this Fort Carson are now starting their sec- weapons at the Pueblo Chemical Army body to include that name change. It ond and third tours of duty in Iraq. Depot. I am also hopeful with the ef- more properly reflects the sacrifices Sadly, over 50 service personnel from forts of my good friend Senator AL- military survivors have made and more Fort Carson have died in active duty in LARD and efforts I have undertaken properly expresses the gratitude and Iraq over the last several years. with him, we will be able to wrap up dignity we as a nation owe these fami- Without the funds we are requesting, the cleanup of Rocky Flats in a suc- lies. the school district will be forced to lay cessful manner. Amendment No. 1423, the Paralympic off teachers and cut educational pro- This bill is important because it amendment, would allow the Penta- grams that educate the families of gon’s Office of Special Events to pro- sends a message to the world. There is service personnel. Our military per- vide support to national and inter- no more comprehensive statement of sonnel sacrifice a great deal for our national Paralympic competitions our dedication to defend this country freedom. We owe it to them to restore hosted in the United States with a mil- and to maintain our position in the the educational funding for their chil- lion-dollar limit on support in any one world. Our enemies should never take dren. comfort in any sense that America is year. The Office of Special Events disengaging from the world. This bill today supports the regular Olympics In closing, I am reminded once again sends a very clear message on two vi- and other international sporting of the thousands of Macs—just like the tally important threats. events. All this amendment does is to valiant lieutenant colonel I met in Ku- On Wednesday, a group of leading de- say we will treat our disabled athletes wait—who are standing guard each and fense and foreign policy experts, led by with the same support and respect. every day to protect our Nation. I am former Defense Secretary Perry, con- The amendment would also allow mindful of their families—in my own cluded: support of a new USOC program that State, in Colorado Springs, in Denver,

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.037 S22JYPT1 S8738 CONGRESSIONAL RECORD — SENATE July 22, 2005 in Grand Junction; in small, rural com- ture has to be done with real care. The before the final information is in, in munities, and in every State and com- point of Senator THUNE’s amendment, the midst of a war. munity throughout our Nation—await- to delay this process, is this: One, we I can tell you about Submarine Base ing their return or dreading their de- are in a war. As Senator SALAZAR said New London, which I know best. The parture. We owe them, as the Senate, with great effect and poignancy, we recommendation to close seems to be our best work. have tens of thousands of American based on an estimate of the size of our This bill is very good work. As I soldiers coming and going from Iraq, submarine force, our attack submarine started my comments today, I com- using bases in a way we may not have force, in the years ahead, which is the mended the leadership of my friends foreseen when this particular base re- lowest anyone has ever seen and lower from Michigan and Virginia and their alignment and closure process began. than every other study that has been staffs for their great work. I hope our We also are being asked and the Com- done. I suppose if the base is closed, it Democrats and Republicans will join mission is being asked to make final will prejudge the fact. But I fear we together, as we move forward, to bring judgments about some very important will look back and say in the years this legislation to successful conclu- military installations in our country ahead, as we face rising pure competi- sion because it is important for a but before our final facts are before the tors: Why did we ever do that? I have strong defense for our country. Commission, the Congress, and the enough confidence in this particular I yield the floor. Pentagon. That is the intention of the Base Realignment and Closure Com- The PRESIDING OFFICER. The Sen- Thune legislation, which, as I say, I am mission and the independence and ator from Virginia. a cosponsor of—to put the brakes on, to strength with which they are going at Mr. WARNER. Mr. President, I wish say, let’s not rush to judgment. Be- their responsibilities, at every turn to assure our distinguished colleague cause in some cases of bases the Pen- making it clear they are not just going from Colorado that we will give very tagon has recommended be closed, we to be a rubberstamp for the Pentagon, careful consideration to his amend- may look back and say: This rush to that they are not going to allow Sub- ments. judgment has really been a dash to dis- marine Base New London to be closed. Have they been sent to the desk, I aster, that we have closed some mili- But I worry there are bases across this ask the Presiding Officer? tary facilities we will urgently need in Nation that are recommended for clos- The PRESIDING OFFICER. Yes. the years ahead. ing on insubstantial, incomplete infor- Mr. WARNER. Mr. President, I ask Of course, I support cutting excess mation that we will regret having unanimous consent that they be set and unneeded defense spending and closed. This amendment No. 1389 says: aside, such that the Senator from Con- support saving money where we can. Let’s just step back for a while. Let’s necticut is to be recognized. That is why I earlier voted for the wait until the Quadrennial Defense Re- The PRESIDING OFFICER. Without BRAC round. But I think Senator view is in. Let’s wait until we see the objection, it is so ordered. THUNE and I, and so many others, when return of some more of our troops from Mr. LEVIN. Mr. President, if the Sen- we saw the recommendations come Iraq so we know what our base needs ator will yield, let me thank the Sen- out—now, in the middle of a war, based are here at home. Let us not rush to ator from Colorado for his extremely on information that is incomplete—we judgment. thoughtful and sensitive statement said to ourselves: Let’s just step back a We are talking about our national se- about what this bill is all about. I bit and get the facts we need before we curity in a time of war, in an uncertain thank him for his kind remarks. make these final judgments. world, with rising new superpowers, The PRESIDING OFFICER. The Sen- Let me state it clearly. I have a local but much more menacing than that: ator from Connecticut. interest in this. The Pentagon has rec- rogue states and nonstate actors gain- Mr. LIEBERMAN. Mr. President, I ommended, as all my colleagues know, ing access to weapons of mass destruc- thank the Chair. the closing of Submarine Base New tion. We have to get this right. I be- Let me first thank the chairman of London, an extraordinary, in my opin- lieve Senator THUNE’s amendment the Senate Armed Services Committee, ion, national asset. But the point I would help us do that. the distinguished Senator from Vir- want to make is if you close, God for- Mr. President, I will just say one ginia, and the ranking member, the bid, Submarine Base New London or final word about the news from Lon- distinguished Senator from Michigan, some of these other bases that are rec- don. I am sure the distinguished occu- for the extraordinary work they have ommended for closure, that is it. This pant of the chair, like myself, has been done in bringing this bill forward. I am is not like turning off the water in following these developments closely. honored to be a member of the com- your house when you go away for a They remind us that there is an insid- mittee and proudly support its work. summer vacation, and when you come ious group out there, a fanatical group AMENDMENT NO. 1389 back and turn it back on, there is the that will strike at civilians and try to Mr. President, I rise today to speak water. If you close a base like Sub- strike panic in the hearts of average specifically about amendment No. 1389 marine Base New London, it is never citizens to gain their political goals. offered by the Senator from South Da- going to be opened again. Therefore, What has been as stirring as the at- kota, Mr. THUNE. I am one of many co- you have to be able to reach a conclu- tacks in London have been revolting sponsors of this amendment. Its inten- sion that not only is it not of military has been the reaction of the British tion is to delay the implementation of value today and in the near future, but people. It really does remind us of their the current round of base realignment it never will be; that is, in decades strength and determination during the and closures, the so-called BRAC, until ahead, in an uncertain world. In this Second World War. It is an inspiration. we are better able to assess our defense case of this submarine base—and I fear Most of all, I hope it will send a mes- needs. in some of the others—the facts that sage to these terrorists that they may The news from London in the last few were used as a basis for the judgment strike, but we are stronger than they days reminds us in the most stark and do not stand up. are. Our principles are superior to stunning ways of the fact that we are Too often, monetary savings have theirs. They will never defeat us. I at war. It may not feel like that to been confused with military value, and thank our friends from Britain, the av- most of us. It is a different kind of war. military value has been based on judg- erage citizens, whose actions and words But there is an enemy out there world- ments that are incomplete. And here I speak so loudly to us of their faith in wide who is committed to achieving come to one of our larger points: The the future, for giving us that model some kind of victory over us and our Pentagon is now in the midst of its and that inspiration. We stand with allies and establishing a regime in a Quadrennial Defense Review, the most them today as they have stood with us significant part of the world that significant overarching review of on so many previous days. would be fanatical, hateful, and, to say America’s military needs and goals for I thank the Chair and yield the floor. the least, undermine our national secu- the future. That review is due next AMENDMENTS NOS. 1343, 1430 THROUGH 1432, EN rity and our national principles. year. But we are being asked through BLOC In the midst of such a war, it seems BRAC and eventually in Congress to The PRESIDING OFFICER. The Sen- to me the reduction of our base struc- make final judgments on these bases ator from Virginia.

VerDate Aug 04 2004 04:28 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.039 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8739 Mr. WARNER. Mr. President, if my under statute or regulations, available for Mr. WARNER. Mr. President, I move distinguished ranking member is pre- use in the management of Department of De- to reconsider the vote. pared, we are about to send a series of fense laboratories to assist in the manage- Mr. LEVIN. I move to lay that mo- amendments to the desk which have ment of the workforces of such laboratories tion on the table. that are not currently being utilized. The motion to lay on the table was been cleared on both sides. Therefore, I (3) An assessment of personnel manage- ask unanimous consent that the Sen- ment practices utilized by scientific and agreed to. ate consider those amendments en technical laboratories and institutions that Mr. WARNER. Mr. President, subject bloc, the amendments be agreed to, and are similar to the Department of Defense to anything my distinguished colleague the motions to reconsider be laid upon laboratories. would want to do, I would like to have the table. Finally, I ask that any state- (4) A comparative analysis of the specific the Senate go into morning business. ments relating to any of these indi- features identified by the Comptroller Gen- The PRESIDING OFFICER. The Sen- eral in successful personnel management vidual amendments be printed in the ator from Michigan. systems of highly technical and scientific Mr. LEVIN. Mr. President, we are RECORD. workforces to attract and retain critical em- ready to proceed on a number of Mr. LEVIN. No objection. ployees and to provide local management au- The PRESIDING OFFICER. Without thority to Department of Defense laboratory amendments, but we are going to with- objection, it is so ordered. officials. hold those as an accommodation to, I The amendments were agreed to, as (c) PURPOSES.—The purposes of the study gather, a lot of folks here who want to follows: shall include— go out right now. We will then offer the (1) the identification of the specific fea- AMENDMENT NO. 1343 amendment on the Berlin cafe which tures of successful personnel management (Purpose: To increase the limit on the value has not yet been cleared. We will hold systems of highly technical and scientific that off until Monday. And remarks on of assistance that may be provided to eligi- workforces; ble entities to carry out procurement tech- (2) an assessment of the potential effects of RNEP I will withhold until Monday. nical assistance programs operating on less the utilization of such features by Depart- The national missile defense we also than a Statewide basis) ment of Defense laboratories on the missions will withhold until Monday, if that is On page 237, after line 17, add the fol- of such laboratories and on the mission of the desire of the chairman. lowing: the Department of Defense as a whole; and Mr. WARNER. Mr. President, I thank SEC. 846. INCREASED LIMIT APPLICABLE TO AS- (3) recommendations as to the future utili- my ranking member for his usual cour- SISTANCE PROVIDED UNDER CER- zation of such features in Department of De- tesy and our ability to work out mat- TAIN PROCUREMENT TECHNICAL fense laboratories. ASSISTANCE PROGRAMS. (d) LABORATORY PERSONNEL DEMONSTRA- ters to accommodate both sides of the Section 2414(a)(2) of title 10, United States TION AUTHORITIES.—The laboratory personnel aisle. Code, is amended by striking ‘‘$150,000’’ and demonstration authorities set forth in this Mr. LEVIN. I wonder if I could in- inserting ‘‘$300,000’’. subsection are as follows: quire, while we are waiting, I will also AMENDMENT NO. 1430 (1) The authorities in section 342(b) of the withhold an amendment which is ready (Purpose: To clarify certain authorities re- National Defense Authorization Act for Fis- to go which I don’t know if it has been lating to adoptions by members of the cal Year 1995 (Public Law 103–337; 108 Stat. cleared or not on the time and material Armed Forces) 2721), as amended by section 1114 of the contract abuses. I will withhold that Floyd D. Spence National Defense Authoriza- At the end of subtitle E of title VI, add until Monday. If we have a moment, if the following: tion Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 (114 Stat. 1654A– we could ask a parliamentary inquiry, SEC. 653. MODIFICATION OF REQUIREMENT FOR how many amendments now have been CERTAIN INTERMEDIARIES UNDER 315)). CERTAIN AUTHORITIES RELATING (2) The authorities in section 1101 of the laid aside and are pending for either TO ADOPTIONS. Strom Thurmond National Defense Author- vote by rollcall or voice vote or accept- (a) REIMBERSEMENT FOR ADOPTION EX- ization Act for Fiscal Year 1999 (Public Law ance? PENSES.—Section 1052(g)(1) of title 10, United 105–261; 5 U.S.C. 3104 note). The PRESIDING OFFICER. Eighteen States Code, is amended by inserting ‘‘or (e) REPORT.—Not later than one year after the date of the enactment of this Act, the first-degree amendments and one sec- other source authorized to place children for ond-degree amendment have been laid adoption under State or local law’’ after Comptroller General shall submit to the ap- ‘‘qualified adoption agency’’. propriate committees of Congress a report on aside. (b) TREATMENT AS CHILDREN FOR MEDICAL the study required by this section. The re- Mr. LEVIN. I thank the Chair. AND DENTAL CARE PURPOSES.—Section port shall include— Mr. WARNER. Mr. President, there is 1072(6)(D)(i) of such title is amended by in- (1) a description of the study; a matter that must come before the serting 11, or by any other source authorized (2) an assessment of the effectiveness of Senate. by State or local law to provide adoption the current utilization by the Department of I suggest the absence of a quorum. placement,’’ after ‘‘(recognized by the Sec- Defense of the laboratory personnel dem- The PRESIDING OFFICER. The retary of Defense)’’. onstration authorities set forth in sub- clerk will call the roll. section (d); and AMENDMENT NO. 1431 The legislative clerk proceeded to (3) such recommendations as the Comp- (Purpose: To require a Comptroller General troller General considers appropriate for the call the roll. study on the features of successful per- effective use of available personnel manage- Mr. MCCONNELL. Mr. President, I sonnel management systems of highly ment authorities to ensure the successful ask unanimous consent that the order technical and scientific workforces) personnel management of the highly tech- for the quorum call be rescinded. At the end of title XI, add the following: nical and scientific workforce of the Depart- The PRESIDING OFFICER. Without SEC. 1106. COMPTROLLER GENERAL STUDY ON ment of Defense laboratories. objection, it is so ordered. FEATURES OF SUCCESSFUL PER- (f) APPROPRIATE COMMITTEES OF CONGRESS Mr. MCCONNELL. Mr. President, I SONNEL MANAGEMENT SYSTEMS OF DEFINED.—In this section, the term ‘‘appro- ask unanimous consent that on Tues- HIGHLY TECHNICAL AND SCI- priate committees of Congress’’ means— ENTIFIC WORKFORCES. day, July 26, when the Senate resumes (1) the Committees on Armed Services, Ap- (a) IN GENERAL.—The Comptroller General propriations, and Homeland Security and the Defense authorization bill, and not- of the United States shall conduct a study to Governmental Affairs of the Senate; and withstanding the provisions of rule identify the features of successful personnel (2) the Committees on Armed Services, Ap- XXII, there then be 20 minutes of de- management systems of the highly technical propriations, and Government Reform of the bate divided between Senators COLLINS and scientific workforces of the Department House of Representatives. of Defense laboratories and similar scientific and LAUTENBERG; provided further that facilities and institutions. AMENDMENT NO. 1432 following the use or yielding back of (b) ELEMENTS.—The study required by sub- (Purpose: To extend the effective date of the the time, the Senate proceed to a vote section (a) shall include the following: Higher Education Relief Opportunities for in relation to the Collins amendment (1) An examination of the flexible per- Students Act of 2003) No. 1377, to be modified to be a first-de- sonnel management authorities, whether At the end of subtitle E of title VI, add the gree amendment, to be followed by a under statute or regulations, currently being following: vote in relation to the Lautenberg utilized at Department of Defense dem- SEC. 653. EXTENSION OF EFFECTIVE DATE. amendment; provided further that no onstration laboratories to assist in the man- Section 6 of the Higher Education Relief agement of the workforce of such labora- Opportunities for Students Act of 2003 (20 second degrees be in order to the above tories. U.S.C. 1070 note) is amended by striking amendments prior to the vote. (2) An identification of any flexible per- ‘‘September 30, 2005’’ and inserting ‘‘Sep- The PRESIDING OFFICER. Without sonnel management authorities, whether tember 30 2007’’. objection, it is so ordered.

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.041 S22JYPT1 S8740 CONGRESSIONAL RECORD — SENATE July 22, 2005 CLOTURE MOTION 1942 and commissioned in February 1943 graded in April 1984, and was re- Mr. MCCONNELL. Mr. President, I under the command of Capt. John L. commissioned for the third time as send a cloture motion to the desk. McCrea. In August 1943 it was mobi- part of President Reagan’s plan to ex- The PRESIDING OFFICER. The clo- lized for the first time along the Atlan- pand the Navy to 600 ships. Throughout ture motion having been presented tic coast to protect against the threat the 1980s, the battleship spent the ma- under rule XXII, the Chair directs the of German battleships believed to be jority of its deployment in the waters clerk to read the motion. operating in Norwegian waters. off the European coast while also tak- The legislative clerk read as follows: In one of the more memorable mo- ing tours of the Indian Ocean and Ara- CLOTURE MOTION ments of the battleship’s history, the bian Sea. We the undersigned Senators, in accord- USS Iowa carried President. Franklin Despite surviving two wars and nu- ance with the provisions of rule XXII of the D. Roosevelt to Casablanca on his way merous combat engagements over its Standing Rules of the Senate, do hereby to the Teheran Conference in Novem- long history, the USS Iowa suffered its move to bring to a close debate on S. 1042, an ber 1943, and afterwards provided the worst catastrophe in April 1989 when original bill to authorize appropriations for President transportation back to the one of its 16-inch gun turrets blew up, fiscal year 2006 for military activities of the United States. The USS Iowa engaged causing the death of 47 sailors. The Department of Defense, for military con- in combat for the first time after it source of the explosion was never con- struction, and for defense activities of the Department of Energy, to prescribe per- was deployed to the Pacific theater as clusively identified, in spite of a thor- sonnel strengths for such fiscal year for the the flagship of Battleship Division 7. ough investigation of the incident by Armed Forces, and for other purposes. During the early months of 1943, as the Navy. Even with its damaged tur- Bill Frist, John Warner, Michael Enzi, part of the battle for the Marshall Is- ret, the Iowa went on to further assign- John Cornyn, Jon Kyl, Richard Burr, lands, the USS Iowa supported U.S. air- ments in the Atlantic and Mediterra- Kit Bond, Lindsey Graham, John E. craft carrier strikes and helped support nean Sea until it was decommissioned Sununu, Chuck Grassley, Mike numerous air strikes near Micronesia for the final time at Norfolk, VA, on DeWine, Lamar Alexander, James Tal- and neighboring islands. It was next October 26, 1990. ent, Pat Roberts, Johnny Isakson, deployed to assist U.S. forces in com- Conrad Burns, Richard G. Lugar. In early 1998, I was contacted by city bat in the South Pacific near New officials in San Francisco requesting Mr. MCCONNELL. Mr. President, I Guinea and joined the Marianas cam- help with bringing the USS Iowa out to ask unanimous consent that the live paign in June 1943. the west coast. Together with Senator quorum under rule XXII be waived. During the Battle of the Philippines, BOXER, we introduced legislation in Oc- The PRESIDING OFFICER. Without the Iowa ably drove back and neutral- tober 1998, as part of the FY99 Defense objection, it is so ordered. ized a series of air raids attempted by Authorization Act, to provide for the Mr. MCCONNELL. For the informa- the Japanese middle fleet. Throughout transfer of the USS Iowa to San Fran- tion of our colleagues, this vote will the winter of 1944, the USS Iowa con- cisco. occur on Tuesday. tinued to engage in action off the Phil- The next year I worked with col- Mrs. FEINSTEIN. Mr. President, I ippine coast until it was directed to re- leagues in the California congressional am pleased to be able to join with my turn to the U.S. for maintenance in delegation to secure $3 million to pay colleagues, Senator CHUCK GRASSLEY January 1945. for the transport of the battleship from from Iowa, and Senators BOXER and From January 1945 through March Rhode Island to California. On April 20, HARKIN in support of an amendment to 1945, the Battleship Iowa received a full 2001, the USS Iowa finally arrived in the FY06 National Defense Authoriza- overhaul in the Port of San Francisco San Francisco and has been berthed at tion Act that would transfer one of our before steaming off for Okinawa to Suisun Bay since that time. Nation’s greatest battleships, the USS take part in combat operations near This amendment ensures that this to the State of California for per- Iowa Japan. Arriving in April, the Iowa sup- amazing battleship, which earned nine manent donation status. ported U.S. air strikes against Japan battle stars for its World War II service I understand the affection that many and the surrounding islands until the and two battle stars in the Korean war, Iowans have for this important ship Japanese surrender in August 1945. will be memorialized permanently as a and that a model of the USS can Iowa The ship was honored to be one of the floating museum in California. be viewed in the Rotunda of the Iowa few American battleships to sail into Once again, I thank Senators GRASS- State Capitol. Therefore, I truly appre- Tokyo Bay with the occupation forces LEY, BOXER, and HARKIN for their sup- ciate the support of Senators GRASSLEY and take part in the surrender cere- port on this important provision. and HARKIN for helping to ensure that monies. After returning to the West I ask unanimous consent that this the USS Iowa will have a permanent Coast following the war, the USS Iowa statement be placed in the RECORD home in California. operated in reserve status until it was next to the relevant amendment. I was privileged to have the oppor- decommissioned for the first time in tunity to introduce legislation in 1998 March 1949. f and 1999 to assist in transporting the In August 1951, after hostilities broke PROTECTION OF LAWFUL COM- USS Iowa from Newport, RI, to Suisun out in Korea, the USS Iowa was re- MERCE IN ARMS ACT—MOTION Bay in San Francisco, where it now commissioned and mobilized to that re- TO PROCEED sits as part of the Navy’s Reserve gion. In March 1952, the battleship was CLOTURE MOTION Fleet. Through its transfer from re- deployed to the war zone as the flag- Mr. MCCONNELL. Mr. President, I serve to donation status, any port com- ship of VADM Robert Briscoe, the move to proceed to Calendar No. 15, S. munity in California will have the op- Commander of the 7th Fleet. For the 397, which is the Protection of Lawful portunity to competitively bid for the next 7 months, the was fully en- Iowa Commerce in Arms Act, and I send a battleship. gaged in support of the U.N. troops, cloture motion to the desk. While I am sure a number of commu- bombarding strategic targets through- The PRESIDING OFFICER. The clo- nities in California will be interested, I out North Korea. ture motion having been presented understand that the Port of Stockton Following the cessation of combat, under rule XXII, the Chair directs the has already begun making preparations the USS Iowa was sent to Norfolk, VA, clerk to read the motion. and raising money to bid on this to receive an overhaul in October 1952. The legislative clerk read as follows: project. For the next 5 years, the Iowa was en- Having the USS Iowa as a permanent gaged in training maneuvers in North- CLOTURE MOTION floating museum in California will be ern Europe, including NATO exercises, We the undersigned Senators, in accord- an honor for my State and a tremen- and in the Mediterranean Sea. In 1958, ance with the provisions of rule XXII of the dous memorial to the thousands of sail- Standing Rules of the Senate, do hereby it was decommissioned for the second move to bring to a close debate on the mo- ors who served aboard this battleship time and made part of the Atlantic Re- tion to proceed to Calendar No. 15, S. 397: A over the past 6 decades. serve Fleet based at Philadelphia. bill to prohibit civil liability actions from The USS Iowa, nicknamed the ‘‘big Despite being decommissioned twice, being brought or continued against manufac- stick,’’ was first launched in August the USS Iowa was renovated and up- turers, distributors, dealers, or importers of

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