Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, FIRST SESSION

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

Vol. 149 WASHINGTON, WEDNESDAY, MAY 21, 2003 No. 76 Senate The Senate met at 9:31 a.m. and was APPOINTMENT OF ACTING plete action on this important legisla- called to order by the Honorable SAM PRESIDENT PRO TEMPORE tion during today’s session. BROWNBACK, a Senator from the State The PRESIDING OFFICER. The f of Kansas. clerk will please read a communication RECOGNITION OF THE ACTING The PRESIDING OFFICER. Today’s to the Senate from the President pro MINORITY LEADER prayer will be offered by Rabbi Arnold tempore (Mr. STEVENS). E. Resnicoff, U.S. Navy, Retired. The legislative clerk read the fol- The ACTING PRESIDENT pro tem- lowing letter: pore. The Senator from Nevada. PRAYER U.S. SENATE, Mr. REID. Mr. President, we also hope to finish at least the amendments The guest Chaplain offered the fol- PRESIDENT PRO TEMPORE, Washington, DC, May 21, 2003. we know of that deal with things nu- lowing prayer: To the Senate: clear on this bill. Senator DORGAN is O Lord who taught us all to love our Under the provisions of rule I, paragraph 3, standing by, ready to offer the next neighbors as ourselves, we pause now, of the Standing Rules of the Senate, I hereby amendment. He has indicated he would before this Senate session starts, to re- appoint the Honorable SAM BROWNBACK, a agree to a time limit. I believe the call that on this day—in 1881—and in Senator from the State of Kansas, to perform the duties of the Chair. amendment has been shown to the this city—Washington, DC—Clara Bar- other side to see if they would be will- ton and a group of friends founded the TED STEVENS, President pro tempore. ing to enter into a reasonable time American Red Cross. Mr. BROWNBACK thereupon as- limit. Last night, he suggested an hour To love our neighbor as ourselves sumed the chair as Acting President and a half equally divided. We will sub- . . . and then, to not sit idly by that pro tempore. mit that to staff and see if we can get neighbor’s blood—the suffering that he something worked out and agree to or she endures—without doing what we f that in a short time, hopefully before can to ease the burden and the pain, RECOGNITION OF THE ACTING the vote takes place. has been the call to which so many Red MAJORITY LEADER f Cross workers have responded since that day, throughout our land; and The ACTING PRESIDENT pro tem- RESERVATION OF LEADER TIME reaching out to those who serve in our pore. The acting majority leader, the Senator from Colorado, is recognized. The ACTING PRESIDENT pro tem- Armed Forces overseas—throughout pore. Under the previous order, the the world, as well. f leadership time is reserved. Almighty God, we give our thanks SCHEDULE for those who give their all, who do f their best to comfort those in pain. But Mr. ALLARD. Mr. President, the NATIONAL DEFENSE AUTHORIZA- we pray as well to be inspired by their Senate will resume debate on the na- TION ACT FOR FISCAL YEAR 2004 tional Defense authorization bill for work, to understand we all can make a The ACTING PRESIDENT pro tem- difference in our neighbors’ lives, a dif- fiscal year 2004. Under the previous order, there will be 20 minutes remain- pore. Under the previous order, the ference in our Nation’s strength, a dif- Senate will resume consideration of S. ference in our world. Help us help one ing for debate in relation to the first- and second-degree amendments which 1050, which the clerk will report. another do our part to build the world The legislative clerk read as follows: of peace, the time of joy, for which we are pending to the Defense bill. Fol- A bill (S. 1050) to authorize appropriations pray. And may we say, Amen. lowing that debate, the Senate will vote in relation to the Warner second- for fiscal year 2004 for military activities of degree amendment regarding low-yield the Department of Defense, for military con- f struction, and for defense activities of the nuclear weapons. Senators should Department of Energy, to prescribe per- therefore expect the first rollcall vote PLEDGE OF ALLEGIANCE sonnel strengths for such fiscal year for the to occur at approximately 10 o’clock Armed Forces, and for other purposes. The Honorable SAM BROWNBACK led this morning. Pending: Following the disposition of these the Pledge of Allegiance as follows: Reed amendment No. 751, to modify the I pledge allegiance to the Flag of the amendments, additional amendments scope of the prohibition on research and de- United States of America, and to the Repub- are expected, and therefore rollcall velopment of low-yield nuclear weapons. lic for which it stands, one nation under God, votes are expected throughout the day. Warner amendment No. 752 (to amendment indivisible, with liberty and justice for all. It is still hoped we will be able to com- No. 751), in the nature of a substitute.

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

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VerDate Jan 31 2003 04:20 May 22, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.000 S21PT1 S6790 CONGRESSIONAL RECORD — SENATE May 21, 2003 The ACTING PRESIDENT pro tem- portunity to review the request and af- join the nonproliferation regime? Why? pore. Under the previous order, there firmatively authorize engineering de- Because there is an international norm are now 20 minutes equally divided for velopment activities. that nuclear weapons should not be consideration of amendments Nos. 571 I reserve the remainder of my time. used. In fact, there should be efforts to and 572, with the time controlled by The ACTING PRESIDENT pro tem- eliminate their existence. These efforts the Senator from Virginia, Mr. WAR- pore. The Senator from the great State and these norms are being undermined NER, or his designee, and the Senator of Rhode Island. by the abolition of this ban. from Rhode Island, Mr. REED, or his Mr. REED. Mr. President, I ask unan- This ban is more powerful than sim- designee. imous consent that Senator FEINSTEIN ply saying that the Congress will ap- Who seeks time? be added as a cosponsor of my amend- prove it. Why believe a scientist will The Senator from the great State of ment. say: I won’t work on research unless I Colorado. The ACTING PRESIDENT pro tem- can produce and blow something up, an AMENDMENT NO. 752 TO AMENDMENT NO. 751 pore. Without objection, it is so or- atomic weapon. If those are the sci- Mr. ALLARD. Mr. President, I rise in dered. entists we have working, then perhaps support of the Warner second-degree Mr. REED. Mr. President, I rise in we should look around for some other amendment to the Reed amendment in opposition to the Warner amendment scientists. They, more than many the form of a substitute. and support of the underlying amend- other people, understand the power and The amendment would strike the ment which I proposed. I will make the devastating effect of these weap- Reed-Levin amendment, thereby re- several points. ons. taining the repeal of the ban on re- First, the notion of low-yield nuclear If we are really talking about research and development of low-yield weapons is something of a misnomer. search, let’s make it research, not the nuclear weapons that is in the com- Indeed, it is misleading. These are nu- back door to testing, development, and mittee bill. The amendment would also clear weapons with horrific blasts and deployment. My amendment makes it require that the Department of Energy radiation effects. As I said yesterday, much clearer that is what we are talk- receive an authorization from the Con- it is probably more accurate to say not ing about. Indeed, my colleagues came gress for engineering development, and low yield but small Apocalypses be- to the floor yesterday and said this has all subsequent phases of weapons devel- cause, when we use nuclear weapons, nothing to do with deployment; it is all opment, before commencing with such we go beyond—except for one occasion just science; we have to raise these activities. This amendment would in the history of warfare—what most issues; we have to ask these questions; make it absolutely clear that it is the military people contemplate as the ap- intellectual curiosity and honesty prerogative of Congress to decide on propriate use of force. must be respected in this realm as else- the funding necessary for the adminis- There is no military requirement for where. tration to proceed with engineering de- these weapons. Ambassador Brooks, Indeed, yesterday, Secretary Rums- velopment of a low-yield nuclear weap- the head of NNSA was asked, Is there a feld was asked: Are you pursuing nu- on, but it will not stop the military requirement? His answer succinctly clear weapons? His response: To pur- planners and weapon designers from and conclusively: No. Yet we are elimi- sue? I think it is a study. It is not to considering and proposing such devel- nating the ban on the research, devel- develop—his words—it is not to deploy, opment. opment, production, and testing of it is not to use, it is to study. Even after repealing the ban, as we these low-yield nuclear weapons. That is what the Reed amendment did in the committee bill, the adminis- Once again, low yield is a misnomer. says. Essentially it says we will allow tration is still required to specifically These weapons are 5 kilotons or less. the scientists who operate in phase 1 request funding at each phase of re- The weapons used against Japan in through 2A of our well-defined proc- search and development, as required by World War II were 14 to 21 kilotons ess—research, development—but at the the National Defense Authorization with devastating effects. These small third phrase, that is where they stop. Act for fiscal year 2003. With this weapons are a third that size—still hor- And similarly, if they are modifying a amendment, the Department of Energy rendous weapons. weapon rather than developing one would be required to receive an author- Now, unless we act today, this ap- from scratch, you would stop at phase ization from Congress before com- proach will not simply result in re- 6.3. It is clearly defined. mencing with the engineering develop- search. It will result inevitably, inex- The Warner amendment suggests we ment of low-yield nuclear weapons. orably, in the development and the eliminate all of these prohibitions and Congress would have another oppor- testing and the fielding of these weap- we simply say: If you are going over tunity to review such activities if they ons. That is essentially what was said here, come back to us and ask for per- are requested by the administration. by Ambassador Brooks when he testi- mission. Functionally, in both amend- This amendment provides for appro- fied before the committee. His words: I ments the Department of Energy and priate congressional review and over- have a bias in favor of something that the Department of Defense would have sight without incurring the disadvan- is the minimum destruction. That to come to us. But there is a much tages of an outright ban on some por- means I have a bias in favor of that more powerful, much more forceful, tions of research and development. Re- which might be usable. much more effective symbol if this taining a ban on development, acquisi- This is not just research. This is cre- moratorium is retained. tion, and deployment of low-yield nu- ating weapons that will be used. His A few weeks ago, the Government of clear weapons, would continue the comments were echoed with respect Pakistan offered to go nuclear free. ‘‘chilling effect’’ on exploration of cer- particularly to the robust nuclear They said: We would like to eliminate tain advanced nuclear weapons con- earth penetrator when Fred Celec, Dep- nuclear weapons on the subcontinent. cepts because few will choose to work uty Assistant to the Secretary of De- The Indians would have to agree. That on these concepts if their development fense for Nuclear Matters, is quoted: If is a very interesting and very positive or production is prohibited. Also, the we can develop a system that can crack approach. The problem is, how do we Department of Defense will not spend through the rock and detonate a hydro- reinforce that effort when we are not precious research dollars on a weapon gen weapon, in his words, it will ulti- talking about going nuclear free? We type they have little chance of fielding. mately get fielded. are talking about new nuclear weap- I urge support of this amendment. I To field an atomic weapon it first ons, more sophisticated weapons that believe this amendment addresses in a must be tested. And we are walking can be used. That will not encourage serious way the concerns expressed by down a path of testing and fielding the Pakistanis to give up weapons, or some of my colleagues. This amend- that I think we will all regret. the Indians. I think it will encourage ment would provide all the trans- There is a presumption that arms their scientists to start looking at parency required to ensure the admin- control does not matter, it does not more and new technology. istration can proceed with research and work. Why did three nations—Belarus, We can make a difference if we main- development of low-yield nuclear weap- Kazakhstan, and Ukraine—turn over tain this ban by allowing what every- ons, but not until Congress has an op- voluntarily their nuclear weapon and one says. That is all we want. We just

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.003 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6791 want the opportunity to research. The many years, the distinguished ranking to point to one step, we are going to Reed amendment gives that oppor- member. point to all the steps and say as fol- tunity. What the Senator from Virginia is lows: ‘‘The Secretary of Energy may I yield the floor and I reserve the re- endeavoring to do today is much like not commence the engineering develop- mainder of my time. what the Senator from Michigan was ment phase’’—that is the one you are The ACTING PRESIDENT pro tem- endeavoring to do during the markup. endeavoring to block by amending this pore. Who yields time? Let us quietly try to assist our col- old statute—but I go on: ‘‘or any subse- Mr. WARNER. What is the balance of leagues as they formulate their deci- quent phase, of a low-yield nuclear time remaining? sions as to what position to take. The weapon unless specifically authorized The ACTING PRESIDENT pro tem- Senate spoke yesterday to the effect by Congress.’’ pore. The Senator from Virginia has 7 that we are not going to impose a ban That language is as clear as crystal. minutes and the Senator from Rhode on research. I say to the Senate, that This language is very awkward to in- Island has 3 minutes 10 seconds. was a wise decision. We should con- terpret and read. It has a flaw in it, Mr. REED. Mr. President, I yield the tinue with the basic theme that we are that you could literally jump over the ranking member, the Senator from not going to impose a ban on this Na- one step that you are blocking and pro- Michigan, 2 minutes. tion with respect to this system or any ceed, in some manner, albeit not the The ACTING PRESIDENT pro tem- other system which may be needed for best, but proceed to the other steps. pore. The Senator from Michigan is the defense of this Nation—hopefully, My amendment stops it. It is like a recognized. never in terms of weapons of mass de- stop sign that says: We will not pro- Mr. LEVIN. I thank the Senator from struction—but we cannot send a mes- ceed as a nation until this body, the Rhode Island for this very important sage to the world that we are just Congress of the United States, acts to amendment. The bill before the Senate, going to ignore the fact that they exist authorize and appropriate the funds. unless this amendment passes or the in many parts of the world. We have to I yield the floor. Warner amendment passes, removes a maintain a credible inventory our- The ACTING PRESIDENT pro tem- 10-year prohibition we have had on re- selves as a deterrent against others pore. The Senator from Rhode Island. search and development of new nuclear who might threaten us. So we should Mr. REED. Mr. President, how much weapons that could lead to their pro- not have a ban. But what we should time do I have remaining? duction. have is in place a law which is clearly The ACTING PRESIDENT pro tem- Yesterday, we were assured by speak- understandable. pore. The Senator has 1 minute re- er after speaker who supports removal Now my colleagues go back and try maining. of that prohibition that all that is in- to revise the existing law which has tended is to remove the prohibition of been in effect since 1994, which I say, Mr. REED. Mr. President, this is not research. So the amendment of Senator with no disrespect to my colleagues. an issue of drafting or clarity of lan- REED says, let us put that, then, clear- But when it was written—it is very guage. The amendment I propose is ly, into this bill; that what will be pro- convoluted, it is very difficult to un- very clear. It simply takes the existing hibited will be the development of new derstand because it says: ‘‘LIMITA- ban and walks it back from phase 1, nuclear weapons. TION—The Security of Energy may not phase 2, and phase 2–A to phase 3. If What is very disturbing and why this conduct, or provide for the conduct of, this language was unclear, then the De- amendment is so essential, the admin- research and development’’—now they partment of Energy and the Depart- istration’s position is reflected by the strike those words and put in their ment of Defense would have leaped Deputy Assistant to the Secretary of own—‘‘which could lead to the produc- over these barriers a long time ago be- Defense for Nuclear Energy, a man tion by the United States of a low-yield cause they would have ignored the first named Fred Celec, who says that if a nuclear weapon. . . .’’ phase and gone to the third, fourth, hydrogen bomb can be successfully de- Now, I have here a list of the seven and fifth phase. signed to survive a crash through hard steps followed in the life of a nuclear This is about whether we are going to rock, it will get fielded. system. The first three—the concept begin a new but different nuclear arms We have been assured by the oppo- study, the feasibility study, the design race. Last week, President Putin an- nents of the prohibition that, no, this definition and cost study—have been nounced that Russia is beginning to de- is just research we are talking about. authorized by the Senate as of yester- velop new weapons. His words: So the amendment of Senator REED day in this amendment. I can inform you that at present the work puts that clearly into law that what we So we are at this juncture, as my col- to create new types of Russian weapons, are now allowing is research; that the league from Rhode Island points to his weapons of the new generation, including prohibition on development will stay. chart, where the balance of these steps those regarded by specialists as strategic That is a very important, clear mes- weapons, is in the stage of practical imple- toward the full implementation of a mentation. sage to the rest of the world. We are nuclear system should be put in con- telling North Korea we do not want trol of whom? And I say it should be Most analysts interpret that as you to go there. We may militarily act put in control of the Congress of the meaning they are going to develop low- to prevent you from going to the devel- United States, with very clear lan- yield nuclear weapons. With those re- opment and the production of new nu- guage. marks in the Russian Duma, initiating clear weapons. So it is essential that The statute, I say to my friend from a reversal of history, of the beginning this body send a clear statement that Rhode Island, which you are trying to of a new arms race, the Duma ap- we still have a prohibition on develop- amend simply says, ‘‘The Secretary plauded. I hope we do not applaud here ment, although now research would be . . . may not conduct, or provide for today. permitted. the conduct of’’ this next step, full- The ACTING PRESIDENT pro tem- I thank, also, Senator WARNER. Even scale engineering development. pore. The Senator from Virginia. though I think the Reed amendment is Theoretically, if you are so distrust- Mr. WARNER. Mr. President, how clearly better, and the message strong- ful of the executive branch—whether it much time remains on our side? er that we are not removing the prohi- is this one or a subsequent—they could The ACTING PRESIDENT pro tem- bition on development by allowing the jump over that—not easily but they pore. The Senator has 2 minutes. research, Senator WARNER’s second-de- could jump over and go on to the other Mr. WARNER. Mr. President, in the gree amendment is also a constructive steps. So the way this thing is written, spirit of fairness, I am going to read, addition to this debate and would be it is very awkward. It says it only once again, the Warner amendment, surely better than not acting at all. stops one step. which says: ‘‘The Secretary of Energy Mr. WARNER. Mr. President, I thank So I say that is a bad way to go about may not commence the engineering de- both colleagues, the Senator from it. I say the better, wiser way, as Sen- velopment phase’’—that is the phase Rhode Island and the Senator from ator LEVIN said, is the constructive blocked—‘‘or any subsequent phase, of Michigan. I pick up on the statement way, as he pointed out in my amend- a low-yield nuclear weapon unless spe- of my working partner here for so ment. It simply says we are not going cifically authorized by Congress.’’

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.006 S21PT1 S6792 CONGRESSIONAL RECORD — SENATE May 21, 2003 Where in the old statute is there any [Rollcall Vote No. 187 Leg.] Rhode Island. The yeas and nays have phrase as clear as the one in the War- YEAS—59 been ordered and the clerk will call the ner amendment which says: Mr. Sec- Alexander Dole McConnell roll. retary, you cannot do anything until Allard Domenici Miller The assistant legislative clerk called you are authorized by the Congress? Allen Ensign Murkowski the roll. Bayh Enzi Mr. REED. Will the Senator yield? Nelson (NE) Mr. REID. I announce that the Sen- Bennett Fitzgerald Nickles ator from North Carolina (Mr. ED- Mr. WARNER. Yes. Bond Frist Pryor Mr. REED. I do not have the statute Breaux Graham (SC) Roberts WARDS), the Senator from Florida (Mr. before me but the—— Brownback Grassley Santorum GRAHAM), the Senator from Massachu- Bunning Gregg Sessions Mr. WARNER. Let me provide it to Burns Hagel setts (Mr. KERRY), and the Senator Shelby you. Campbell Hatch from Connecticut (Mr. LIEBERMAN) are Mr. REED. Let me tell you this: The Chambliss Hutchison Smith Snowe necessarily absent. original moratorium said: The Secre- Cochran Inhofe I further announce that, if present Coleman Kyl Specter taries of Energy and Defense may not Collins Landrieu Stevens and voting, the Senator from Massa- initiate research and development Conrad Lieberman Sununu chusetts (Mr. KERRY) would vote leading to the production of a low-yield Cornyn Lincoln Talent ‘‘yea’’. nuclear weapon. We have replaced the Craig Lott Thomas The ACTING PRESIDENT pro tem- Crapo Lugar Voinovich term ‘‘research and development’’ with DeWine McCain Warner pore. Are there any other Senators in the development definition ‘‘develop- the Chamber desiring to vote? NAYS—38 ment engineering’’ leading to the pro- The result was announced—yeas 96, duction of a nuclear weapon. Akaka Dodd Leahy nays 0, as follows: Baucus Dorgan Levin Essentially, what we have done, Mr. Biden Durbin Mikulski [Rollcall Vote No. 188 Leg.] Chairman, is we have taken the exist- Bingaman Feingold Murray YEAS—96 Boxer Feinstein ing ban, which the DOE says restricts Nelson (FL) Akaka DeWine Lott Byrd Harkin Reed Alexander Dodd Lugar their efforts to do any meaningful re- Cantwell Hollings Reid Allard Dole McCain search, and simply said do the re- Carper Inouye Rockefeller Allen Domenici McConnell Chafee Jeffords search. Sarbanes Baucus Dorgan Mikulski Clinton Johnson Mr. WARNER. Mr. President, I re- Schumer Bayh Durbin Miller Corzine Kennedy Stabenow Bennett Ensign Murkowski claim my time. Daschle Kohl Biden Enzi Murray The ACTING PRESIDENT pro tem- Dayton Lautenberg Wyden Bingaman Feingold Nelson (FL) pore. The Senator from Virginia does NOT VOTING—3 Bond Feinstein Nelson (NE) have the floor. Boxer Fitzgerald Nickles Mr. WARNER. You cannot point to Edwards Graham (FL) Kerry Breaux Frist Pryor any language which speaks to this The amendment (No. 752) was agreed Brownback Graham (SC) Reed Bunning Grassley Reid issue with clarity, so it can be under- to. Burns Gregg Roberts stood the world over, as does the War- Mr. WARNER. Mr. President, I move Byrd Hagel Rockefeller ner amendment. It is as simple as that. to reconsider the vote. Campbell Harkin Santorum Mr. LEVIN. I move to lay that mo- Cantwell Hatch Sarbanes Mr. REED. Mr. Chairman, with all Carper Hollings Schumer due respect, if I may have a moment, I tion on the table. Chafee Hutchison Sessions think the world is pretty clear as to The motion to lay on the table was Chambliss Inhofe Shelby what is taking place. Your amendment agreed to. Clinton Inouye Smith Mr. WARNER. Mr. President, if I Cochran Jeffords Snowe strikes the ban. We used to have a pro- Coleman Johnson Specter hibition against low-yield nuclear could address the Senate—— Collins Kennedy Stabenow weapons development. Your amend- The ACTING PRESIDENT pro tem- Conrad Kohl Stevens ment strikes that. In place, you say pore. The question is on the underlying Cornyn Kyl Sununu amendment. Corzine Landrieu Talent you have to come back to Congress. Craig Lautenberg Thomas Mr. WARNER. Mr. President, the Mr. WARNER. This amendment is in Crapo Leahy Voinovich Senate did that yesterday. the nature of a substitute. However, in Daschle Levin Warner Mr. REED. My amendment leaves the fairness to my colleagues, last night Dayton Lincoln Wyden ban in place. the distinguished ranking member and NOT VOTING—4 The ACTING PRESIDENT pro tem- I made an agreement that we would Edwards Kerry pore. The Senator’s time has expired. vote once again because there could be Graham (FL) Lieberman All time has expired. colleagues who wish to now join in sup- The amendment (No. 751) was agreed The question is on agreeing to the porting this amendment. to. second-degree amendment. The yeas and nays have been ordered. Mr. WARNER. I move to reconsider Mr. WARNER. Mr. President, I ask Am I correct? the vote. for the yeas and nays. The ACTING PRESIDENT pro tem- Mr. LEVIN. I move to lay that mo- The ACTING PRESIDENT pro tempore. That is correct. tion on the table. pore. The yeas and nays have already Mr. WARNER. Perhaps we could have The motion to lay on the table was been ordered. a 10-minute vote. agreed to. The clerk will call the roll. The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The Sen- The assistant legislative clerk called pore. Is there objection? ator from Nevada. the roll. Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, how long Mr. REID. I announce that the Sen- imous consent that be the case. did that vote take? ator from North Carolina (Mr. ED- The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. Thirty- WARDS), the Senator from Florida (Mr. pore. Without objection, it is so or- two minutes. GRAHAM), and the Senator from Massa- dered. Mr. REID. We have been approached chusetts (Mr. KERRY) are necessarily Mr. REID. Mr. President, how long in the minority on several occasions absent. did the last vote take? today asking when could we finish this I further announce that, if present The ACTING PRESIDENT pro tem- bill. We are doing our best. We have and voting, the Senator from Massa- pore. Thirty minutes. people who want to offer amendments. chusetts (Mr. KERRY) would vote Mr. REID. Mr. President, if we are We have wasted at least a half hour ‘‘nay’’. going to finish the bill and if Members this morning on people not being here The PRESIDING OFFICER (Mr. want to do it in the next day or two, I for votes. I personally believe, for GRAHAM of South Carolina). Are there suggest that we should have some con- Democrats and Republicans, if they are any other Senators in the Chamber de- straint on the time we are voting. not here at a reasonable time, the vote siring to vote? The ACTING PRESIDENT pro tem- should be cut off. This is not fair. We The result was announced—yeas 59, pore. The question is on agreeing to have Senator DORGAN who has waited nays 38, as follows: the amendment of the Senator from all morning. Senator COLLINS is here.

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.009 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6793 I am not going to elaborate further, Senator had mentioned 5 minutes for requirements of the military department, but this is not good for the Senate. I that, there are three of us here to agency, or activity with a total value in ex- hope the majority leader will call these speak on the amendment. We want to cess of $5,000,000, unless the senior procurement executive concerned first— votes more quickly. We get the hue and see if we can get another couple of min- ‘‘(A) conducts market research; cry to speed things up. If we waste all utes so we have some time to actually ‘‘(B) identifies any alternative contracting time during the votes, there is nothing say something. If this UC is dependent approaches that would involve a lesser de- to speed up. on that, I raise that issue. gree of consolidation of contract require- The PRESIDING OFFICER. The Sen- Mr. WARNER. I think it is a fair ments; and ator from Virginia. issue to be raised. I was unaware there ‘‘(C) determines that the consolidation is Mr. WARNER. Mr. President, I share were additional speakers. If the Sen- necessary and justified. the sentiments of my distinguished col- ator will give me a moment. ‘‘(2) A senior procurement executive may determine that an acquisition strategy in- league, but I do observe that the delay Mr. REID. Mr. President, if I may involving a consolidation of contract require- on this vote, while it was the last vote terrupt my friend from Virginia, how ments is necessary and justified for the pur- on this side, there was a vote on the much time? poses of paragraph (1) if the benefits of the Democratic side not more than 5 min- Mr. WARNER. Ten minutes allo- acquisition strategy substantially exceed the utes before. We share equally the bur- cated? I ask the distinguished Senator benefits of each of the possible alternative dens of the need to move forward on from North Dakota. Mr. President, I contracting approaches identified under sub- will make a deal, I will yield 10 min- paragraph (B) of that paragraph. However, both sides of the aisle. savings in administrative or personnel costs Mr. REID. I say to my most distin- utes of my time under this UC request alone do not constitute, for such purposes, a guished friend, I said in my statement, to take that up. How about that? sufficient justification for a consolidation of this applies to Democrats and Repub- Mr. REID. We accept that. contract requirements in a procurement un- licans. Mr. WARNER. I thank the Senator. less the total amount of the cost savings is Mr. WARNER. Right. Mr. TALENT. I thank the chairman. expected to be substantial in relation to the Mr. REID. Mr. President, the prob- The PRESIDING OFFICER. Without total cost of the procurement. objection, it is so ordered. ‘‘(3) Benefits considered for the purposes of lem we have over here is we cannot say paragraphs (1) and (2) may include cost and, the vote is over. The Senator’s side can The Senator from Maine. regardless of whether quantifiable in dollar call the votes. I hope they do it more AMENDMENT NO. 757 amounts— quickly. If people start missing votes, Ms. COLLINS. Mr. President, on be- ‘‘(A) quality; then fewer people will have to wait half of myself, Senator TALENT, Sen- ‘‘(B) acquisition cycle; around in the future. ator HUTCHISON, and Senator SNOWE, I ‘‘(C) terms and conditions; and Mr. WARNER. Mr. President, I will send an amendment to the desk and ‘‘(D) any other benefit. speak with my distinguished leader and ‘‘(c) DEFINITIONS.—In this section: ask for its immediate consideration. ‘‘(1) The terms ‘consolidation of contract ask if he will give me that unfortunate The PRESIDING OFFICER. The requirements’ and ‘consolidation’, with re- authority to exercise. If he does, I will clerk will report. spect to contract requirements of a military exercise it appropriately. The assistant legislative clerk read department, Defense Agency, or Department Mr. REID. Mr. President, Senator as follows: of Defense Field Activity, mean a use of a so- DORGAN last night said he would agree The Senator from Maine [Ms. COLLINS], for licitation to obtain offers for a single con- to 45 minutes. We have a unanimous herself, Mr. TALENT, Mrs. HUTCHISON, and tract or a multiple award contract to satisfy consent request the distinguished man- Ms. SNOWE, proposes an amendment num- two or more requirements of that depart- ager of the bill will offer. It is my un- bered 757. ment, agency, or activity for goods or services that have previously been provided to, derstanding that prior to his starting, Ms. COLLINS. Mr. President, I ask or performed for, that department, agency, there is going to be 5 minutes for the unanimous consent that the reading of or activity under two or more separate con- Senator from Maine on an amendment the amendment be dispensed with. tracts smaller in cost than the total cost of that has been agreed to. The PRESIDING OFFICER. Without the contract for which the offers are solic- Mr. WARNER. I thank our distin- objection, it is so ordered. ited. guished leader. May I propound the UC The amendment is as follows: ‘‘(2) The term ‘‘multiple award contract’’ first on the time? Then we will recog- (Purpose: To amend title 10, United States means— nize the Senator from Maine for not to Code, to restrict bundling of Department of ‘‘(A) a contract that is entered into by the Administrator of General Services under the exceed 5 minutes. Then the distin- Defense contract requirements that unrea- sonably disadvantages small businesses) multiple award schedule program referred to guished Senator from North Dakota in section 2302(2)(C) of this title; On page 222, between the matter following can proceed under the time agreement; ‘‘(B) a multiple award task order contract line 12 and line 13, insert the following: is that agreeable? or delivery order contract that is entered Mr. REID. Of course. SEC. 866. CONSOLIDATION OF CONTRACT RE- into under the authority of sections 2304a Mr. WARNER. Mr. President, I ask QUIREMENTS. through 2304d of this title or sections 303H (a) AMENDMENT TO TITLE 10.—(1) Chapter unanimous consent that there be 90 through 303K of the Federal Property and 141 of title 10, United States Code, is amend- Administrative Services Act of 1949 (41 minutes equally divided for the debate ed by inserting after section 2381 the fol- in relation to the Dorgan low-level U.S.C. 253h through 253k); and lowing new section: ‘‘(C) any other indeterminate delivery, in- yield amendment prior to a vote in re- ‘‘§ 2382. Consolidation of contract require- determinate quantity contract that is en- lation to the amendment, and that no ments: policy and restrictions tered into by the head of a Federal agency amendments be in order to that amend- ‘‘(a) POLICY.—The Secretary of Defense with two or more sources pursuant to the ment prior to the vote. shall require the Secretary of each military same solicitation. The PRESIDING OFFICER. Is there department, the head of each Defense Agen- ‘‘(3) The term ‘senior procurement execu- objection? cy, and the head of each Department of De- tive concerned’ means— Mr. DORGAN. Mr. President, my fense Field Activity to ensure that the deci- ‘‘(A) with respect to a military depart- amendment is not a low-level yield sions made by that official regarding con- ment, the official designated under section 16(3) of the Office of Federal Procurement amendment. solidation of contract requirements of the department, agency, or field activity, as the Policy Act (41 U.S.C. 414(3)) as the senior Mr. WARNER. The Senator is cor- case may be, are made with a view to pro- procurement executive for the military de- rect. There is a misstatement in the viding small business concerns with appro- partment; or written text handed to the manager. I priate opportunities to participate in De- ‘‘(B) with respect to a Defense Agency or a apologize. I read it. The Senator is cor- partment of Defense procurements as prime Department of Defense Field Activity, the rect. It is the other subject. I ask that contractors and appropriate opportunities to official so designated for the Department of the UC be amended accordingly to the participate in such procurements as sub- Defense. statement by the Senator. contractors. ‘‘(4) The term ‘small business concern’ The PRESIDING OFFICER. Is there ‘‘(b) LIMITATION ON USE OF ACQUISITION means a business concern that is determined STRATEGIES INVOLVING CONSOLIDATION.—(1) by the Administrator of the Small Business objection? An official of a military department, Defense Administration to be a small-business con- Mr. TALENT. Reserving the right to Agency, or Department of Defense Field Ac- cern by application of the standards pre- object, since I understand this follows tivity may not execute an acquisition strat- scribed under section 3(a) of the Small Busi- the Collins amendment and I think the egy that includes a consolidation of contract ness Act (15 U.S.C. 632(a)).’’.

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.011 S21PT1 S6794 CONGRESSIONAL RECORD — SENATE May 21, 2003 (2) The table of sections at the beginning of We have focused on DOD because the they are proven and where the 8A pro- such chapter is amended by inserting after Small Business Administration indi- gram has come in to help our minority- the item relating to section 2381 the fol- cates that ‘‘bundling is rooted at the owned businesses get those opportuni- lowing new item: Department of Defense.’’ ties, getting the backup they need to ‘‘2382. Consolidation of contract require- The Collins-Talent-Hutchison-Snowe be reliable minority contractors, that ments: policy and restrictions.’’. amendment is necessary because bun- is what we need in this country. dling has had an unfortunate effect on We need to open that door. The 8A (b) DATA REVIEW.—(1) The Secretary of De- fense shall revise the data collection systems the U.S. Government contractor base. program does open the door and it cre- of the Department of Defense to ensure that According to the Office of Federal Pro- ates that level playing field that allows such systems are capable of identifying each curement Policy Administrator Angela them then the platform to get some of procurement that involves a consolidation of Styles: the larger contracts. contract requirements within the depart- This issue is a dramatically reduced con- I appreciate the Senators working ment with a total value in excess of tractor base, and the mounting lost oppor- with all of us to try to bring about this $5,000,000. tunity cost of choosing among fewer firms result. I vowed I would do it. I think if (2) The Secretary shall ensure that appro- with fewer ideas and innovations to deliver we can do it in the Department of De- priate officials of the Department of Defense products and services at lower prices. periodically review the information collected fense, later we can then use that as a pursuant to paragraph (1) in cooperation She noted: model for all of the Federal agencies in with the Small Business Administration— The negative effects of contract bundling our country. We will do a better job for (A) to determine the extent of the consoli- over the past 10 years cannot be overesti- the taxpayers and we will help the dation of contract requirements in the De- mated. . . . Not only are there fewer small small businesses of this country that partment of Defense; and businesses receiving Federal contracts, but are creating the jobs. We want more (B) to assess the impact of the consolida- the Federal Government is suffering from a jobs in our economy. That is the bot- tion of contract requirements on the avail- smaller supplier base . . . when small busi- tom line. It is a win for everyone. nesses are excluded from Federal opportuni- ability of opportunities for small business The PRESIDING OFFICER. The Sen- concerns to participate in Department of De- ties through contract bundling, our agencies, small businesses, and taxpayers lose. ator from Missouri. fense procurements, both as prime contrac- Mr. TALENT. Mr. President, I too tors and as subcontractors. That is exactly the case. When con- (3) In this subsection: thank the Senator from Maine for her tracts are bundled so that only a few advocacy on this issue, not just this (A) The term ‘‘consolidation of contract re- large firms can bid on them, the United quirements’’ has the meaning given that year but in past years. I also thank our term in section 2382(c)(1) of title 10, United States does not get as good a deal. The distinguished chairman and ranking States Code, as added by subsection (a). United States Government is not tak- member because I understand they (B) The term ‘‘small business concern’’ ing advantage of the many innovative have cleared this amendment and will means a business concern that is determined small firms that are capable of doing accept it. by the Administrator of the Small Business the work for the Federal Government if There is not anything more impor- Administration to be a small-business con- the contract was awarded in smaller cern by application of the standards pre- tant we can do for small business in a amounts. procurement issue than what we are scribed under section 3(a) of the Small Busi- This is a matter of making sure we ness Act (15 U.S.C. 632(a)). doing with this amendment. I do not (c) APPLICABILITY.—This section applies have a healthy industrial base, that we think there is very much more we can only with respect to contracts entered into have as many firms competing as vig- do that is important to taxpayers and with funds authorized to be appropriated by orously as possible to do work for the important to quality in defense pro- this Act. Federal Government, and of making curement than this issue. Ms. COLLINS. Mr. President, I ask sure our smaller companies have a fair Bundling is choking small business. unanimous consent that the 10 minutes shot at competing for Federal con- It is hurting the taxpayer. It is hurting we have been allocated be allocated tracts. This amendment will make a quality. This amendment is a major among the three of us as follows: 3 real difference for our small businesses. step forward to limiting it to cases minutes for the Senator from Maine, 3 I yield to the Senator from Missouri. where it is truly appropriate. minutes for the Senator from Missouri, Mr. TALENT. I yield to the Senator From 1992 through 2001, 44.5 percent 3 minutes for the Senator from Texas, from Texas. of DOD procurement dollars were in and 1 final minute for the Senator from The PRESIDING OFFICER. The Sen- bundled contracts and therefore essen- Maine. ator from Texas. tially off limits to small business com- The PRESIDING OFFICER. Without Mrs. HUTCHISON. Mr. President, I petition. So in each one of those, there objection, it is so ordered. thank Senators COLLINS, TALENT, and were fewer competitors. There was a Ms. COLLINS. I thank the Chair. SNOWE for bringing up this subject in tendency to have higher price and Mr. President, our amendment ad- the Defense bill. I have small business poorer quality for the taxpayers. And dresses an increasing practice in the advisory committees in my State and small businesses, which are supposed to Department of Defense to bundle con- just last week hosted an African Amer- have preferences under the statutes, tracts to award a larger contract. The ican leadership summit. The major actually were foreclosed from bidding. problem with that is it disadvantages complaint these small businesses have The kind of contract I am talking smaller companies that cannot bid on a is bundling. They would like to have an about is this, and this is an engineering giant contract but would be perfectly opportunity to bid, but they are frozen contract that was recently let: Indefi- able to responsibly perform the work if out by this process. nite delivery, indefinite quantity. This the contract were broken up into I vowed I would try to help open the means whoever wins this contract has smaller segments. door because it is good for small busi- to be able to be prepared to provide any Contract bundling has become in- ness. Small business is the economic or all of the following in indefinite creasingly prevalent in recent years. In engine of America. That is where the amounts in terms of services at any fact, it has reached record levels. Con- jobs are created and it will be good for time the Government wants it: Plan- tract bundling is up by 19 percent since taxpayers, as the Senator from Maine ning, environmental services, inspec- 1992, and the result of this is the shut- has said, to have competition, to have tions, operations, maintenance, family out of many small firms from doing more people working to get into Fed- housing services, relocatable facilities business with the Federal Government. eral contracting, bringing something and structures, public works supply Our amendment would require that different to the table. So this is a very management, demolition, architecture, the Department of Defense perform rig- important part of our strong national and engineer and task order manage- orous analysis on bundled contracts in defense, getting the best deal for tax- ment. excess of $5 million. It would require payers, but it is also very important The Government says, yes, we are that alternatives to bundling be con- that we help our small businesses have very open to small business. You can sidered and that a determination be access to the biggest contracts that are bid on this if you are a small business. made that the benefits of bundling the made in America. Government con- You just have to be able to provide all contracts substantially exceed the ben- tracts are the biggest and small busi- of that at any time we want it in what- efits of identified alternatives. nesses have something to offer. Where ever quantity we need it.

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.004 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6795 Naturally, small business is cut off. ures and legislation to increase small could not perform the contract, even if It is hurting the taxpayer. It is hurting business access to the Federal market- I won it. So I won’t even bid.’’ When the small businesspeople. It has a dis- place, we have instead seen a dis- that happens, we all lose. proportionately negative impact on turbing trend in the opposite direction. If small businesses create the major- minority small business. It needs to be America’s small businesses are being ity of new jobs in America, which they stopped. eroded by the practice of contract bun- do, and they account for half the out- The Senator from Maine quoted An- dling by Federal agencies. put of the economy, which they do, gela Styles from the Office of Federal In pursuing operational efficiencies, then, they clearly deserve every pos- Procurement Policy. It cannot be said Federal agencies are making contract sible chance to compete for the busi- better than she said it: bundling decisions that block small ness of the nation’s largest consumer— When small businesses are excluded from business access to the opportunity to the Federal Government. Federal opportunities through contract bun- compete for Federal contracts. Accord- For these reasons, I called a hearing dling, our agencies, small businesses, and the ing to the Small Business Administra- 2 months ago in the Small Business taxpayers lose. tion’s Office of Advocacy, for every 100 Committee to examine the continuing That is the short of it. I am glad this bundled contracts awarded, small busi- threat of contract bundling to small amendment is evidently going to go nesses lose an average of 60 contracts, business and to identify positive, con- into this bill. I hope it stays in in con- and for every $100 awarded on a ‘‘bun- structive changes to ensure that the ference. I thank the Senator from dled’’ contract, there is a $33 decrease Federal Government continues to pro- Maine for her advocacy. to small business. At $109 billion in fis- vide contracting opportunities for I yield the floor. cal year 2001, bundled contracts cost small businesses. The PRESIDING OFFICER. The Sen- The 1997 Small Business Administra- ator from Maine. small business $13 billion. The Small Business Act provides that tion reauthorization legislation estab- Ms. COLLINS. I thank the Senator lished a definition of bundling and cre- from Missouri for his hard work. He small firms shall have the maximum practicable opportunity to compete for ated an administrative process to re- has been an advocate for attacking this view instances of bundling. By its problem for some time and it has been these valuable Federal contracts. This policy was adopted because it is good terms, agencies are supposed to make a a pleasure to work with him. determination whether a proposed bun- One woman business owner really for small business, good for the purchasing agencies, and good for the tax- dle is ‘‘necessary and justified.’’ Yet at summed up what this is all about. She the March 2003 hearing, witnesses testi- said, bundling is a shield that keeps payer who pays the bills. Small businesses benefit from having fied that instead of making a good large companies from having to com- faith effort to determine the costs and pete with smaller firms. access to a stable revenue stream and to a marketplace for new products and benefits of a proposed bundling, Fed- Such a state of affairs is ultimately eral agencies, and Defense agencies in unhealthy for the Federal procurement services. In turn, these small vendors to the Federal Government contribute particular, have found ways to evade system. We rely on a vigorous competi- these ‘‘necessary and justified’’ deter- to business development, job creation tion to keep prices low and to ensure minations by identifying loopholes in and economic stimulation in our local we are purchasing high quality goods the definition of bundling. and services. This amendment is going communities. As the largest agency in terms of Federal agencies also benefit when to make a difference in our procure- contracting dollars spent, accounting small businesses participate in the ment system and a difference for small for about two-thirds of the Federal Federal marketplace. Many of the businesses. For that reason, it has been Government’s total spending, it is time most innovative solutions to our prob- strongly endorsed by the National Fed- to hold the Department of Defense ac- lems—such as new technologies in de- eration of Independent Businesses and countable for these bundling deter- the National Black Chamber of Com- fense readiness—come from small minations—to make sure they include merce. firms, not large businesses, where com- small businesses in the Federal pro- I end my remarks by thanking the plex chains of command, the need to curement process, and to make sure distinguished chairman of the com- consult with corporate headquarters, they follow the law. mittee and the ranking member for and repetitive sign-offs on a new idea The amendment offered today pro- their cooperation and assistance. I ask that have to be cleared with account- vides a first step in our efforts to for the adoption of the amendment. ing, human resources, and marketing, achieve positive constructive change to Ms. SNOWE. Mr. President, today I can stifle innovation and creativity. ensure the Department of Defense con- rise in support of the contract bundling The absence of all these obstacles can tinues to provide contracting opportu- amendment offered by Senators COL- increase the agility of a small business nities for small business. It closes loop- LINS, TALENT, and HUTCHISON. As the to deliver new innovative products at holes and strengthens the bundling def- new Chair of the Committee on Small lower costs. Agencies trying to carry inition for the Department of Defense Business, I am pleased to join with my out their governmental functions can contract requirements. It also requires colleagues to create a policy specifi- take advantage of these innovations the Department of Defense to perform cally for the Department of Defense, and deliver better quality products and rigorous analysis on bundled contracts; DOD, on the issue of contract bundling services to our constituents. to discuss alternative acquisition and to place restrictions on the Depart- Finally, the taxpayer wins when strategies; and, to make a determina- ment’s ability to bundle Government small businesses compete for contracts. tion that the benefits of bundling ‘‘sub- contracts to the detriment of small Small business means more competi- stantially exceed’’ the benefits of the businesses in this country. tion, lower prices and higher quality. identified alternatives. This marks a In fiscal year 2001, the Federal Gov- Contract bundling, however, threat- higher level of scrutiny than exists ernment awarded close to $235 billion ens these benefits. To simplify the con- under current law. in Federal contracts. Yet, small busi- tracting process, agencies take several I appreciate my colleagues’ willing- nesses still received less than their fair smaller contracts and roll them into ness to work together to establish leg- share. As a result, the Federal Govern- one massive contract. The result is a islation that counters the effects of ment failed to achieve the goal that we contract that a small business could contract bundling on small business. established for Federal agencies to en- not perform, due to its complexity or And, continuing in the spirit of co- sure that at least 23 percent of Federal its obligation to do work in widely dis- operation, I look forward to building contracts go to small enterprises. Even parate geographic locations. This prac- on this very positive language to ad- more troubling is the fact that over the tice is particularly prevalent at the De- dress the issue more broadly and make past 10 years, there has been a steady partment of Defense, which is the Fed- this policy governmentwide as we move decline in the number of small business eral Government’s largest purchaser of forward with legislation to reauthorize contractors receiving new contract goods and services. the Small Business Administration and awards. In light of this practice, it comes as its programs later this summer. Despite our efforts over the past sev- little surprise when I hear a small busi- Mr. KERRY. Mr. President, I applaud eral years to focus on concrete meas- ness owner say all too often that ‘‘I the efforts of Senator SUSAN COLLINS,

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.016 S21PT1 S6796 CONGRESSIONAL RECORD — SENATE May 21, 2003 Senator JIM TALENT, and my colleague through contracts from 1992–2001; large created a monopoly in his line of busi- from the Small Business and Entrepre- firms won 67 percent of all prime con- ness. Even small businesses that have a neurship Committee, Senator CARL tract dollars and 75 percent of bundled federal preference in contracting under LEVIN, for their efforts today on behalf contract dollars; and small firms won various programs have seen the bene- of small businesses. Their amendment only 18 percent of prime contract dol- ficial effects of the preferences all but to S. 1050, the Department of Defense lars and 13 percent of bundled contract wiped out due to bundling. One woman reauthorization bill, is a step in the dollars. business owner pointed out in a letter right direction towards ending the del- Moreover, the problem is getting to me what bundling truly is: a shield eterious effect contract bundling is worse. In 2001, 29,000 contracts were that keeps large companies from hav- having on small businesses. bundled government-wide, up eight per- ing to compete with smaller firms. Bundled contracts, while seemingly cent from 2000 and 19 percent since Such a state of affairs is ultimately an efficient and cost-saving means for 1992. unhealthy for a federal procurement Federal agencies to conduct business, Our amendment would require that system that relies primarily upon vig- are anticompetitive and antismall DOD perform rigorous analysis on bun- orous competition to keep prices low business. Further, they will result in dled contracts in excess of $5 million. and the quality of goods and services increased costs over time. When a Fed- It would require that alternatives be high. eral agency bundles contracts, it limits considered and that a determination be I am pleased that our amendment has small businesses’ ability to bid for the made that the benefits of bundling received the support of the distin- ‘‘substantially exceed’’ the benefits of new bundled contract, thus limiting guished chairman and ranking mem- the identified alternatives. Savings in competition and the Government’s ber, and that it will become part of the administrative or personnel costs alone ability to receive better and cheaper defense bill the Senate passes today or would not constitute a sufficient jus- goods and services. Small businesses tomorrow. tification for consolidation ‘‘unless the are consistently touted as more inno- The PRESIDING OFFICER. The Sen- total amount of the cost savings is vative, more flexible and responsive to ator from Virginia. an agency’s needs than their larger found to be substantial in relation to the total cost of the procurement.’’ Mr. WARNER. I likewise encourage counterparts. But when forced to bid the adoption of the amendment. I for megacontracts, at times across Our amendment focuses on DOD where, the SBA report notes, ‘‘Bun- think it is cleared on both sides. I com- large geographic areas, few, if any, mend the sponsors of this amendment small businesses can be expected to dling is rooted.’’ Although bundling rates occur at levels as high or higher for their hard work. compete. This deprives the Federal The PRESIDING OFFICER. The time Government of the benefits of competi- at the General Services Administra- tion, Department of Health and Human has expired on the amendment. tion and our economy of possible inno- Mr. LEVIN. I ask unanimous consent vations brought about by small busi- Services, Social Security Administra- tion, and Treasury, ‘‘the high level of that I be permitted to proceed for 1 nesses. minute. This amendment attempts to close spending by the Army, Navy, Air Force The PRESIDING OFFICER. Without one of the loopholes used by agencies and the Office of the Defense Secretary objection, it is so ordered. The Senator to pool like-kind contracts that were focus attention on defense contracts as from Michigan. previously awarded to small busi- the primary source of bundling.’’ This amendment is about more than nesses. The amendment requires the Mr. LEVIN. Mr. President, I will in- just allowing small businesses to com- Department of Defense to conduct mar- dicate our strong support for this pete for contracts on a level playing ket research, identify alternative con- amendment. A few years ago, we actu- field; it is about preserving our govern- tracting approaches, and determine if ally made an effort to get this amendment’s contractor base. ment, or something very close to it, the ‘‘consolidation’’ is necessary and According to Office of Federal Pro- justified for any ‘‘consolidated con- adopted. In fact, it was in our bill. It curement Policy Administrator Angela went to conference, where we ran into tract’’ above $5 million. Styles the issue is a dramatically re- The amendment does not go far a real roadblock. duced contractor base, which has cre- enough, however. It only applies to the We are going to give it a go again. In ated a lost opportunity cost caused by addition to the usual suspects, we have Department of Defense, is only applica- choosing among fewer firms with fewer ble for 1 year, and still allows a loop- the two Senators from Maine and Mis- ideas and innovations to deliver prod- souri who will be with us in conference, hole that will allow bundling regard- ucts and services at lower prices. less of quantifiable dollar amounts. I and I am very hopeful that this time, Further, she notes that when small with their support, we will be able to have introduced legislation, S. 633, that businesses are excluded from federal would take the necessary steps to fur- get it over the goal line with the opportunities through contract bun- House, because that is where the im- ther limit the practice of contract bundling everyone, including our agencies, dling. I look forward to obtaining its pediment was a few years ago. small businesses, and the taxpayers It is an important amendment. I very Senate passage in cooperation with the lose. much support it. In fact, I ask unani- Senators who advocated on behalf of Our amendment sets in place a high- mous consent that I be listed as a co- this amendment and all those who are er level of scrutiny than exists under determined to remove the barriers to current law and will be a good start in sponsor to the amendment. small business development created by beginning to reverse a problem that The PRESIDING OFFICER. Without contract bundling. has been building up over the last dec- objection, it is so ordered. Ms. COLLINS. Mr. President, our ade. For that reason, small business Mr. LEVIN. I note that Senator amendment addresses a practice known advocates such as the National Federa- KERRY has been working very hard in as ‘‘contract bundling,’’ which has be- tion of Independent Business and the this area. I want to make that clear for come increasingly prevalent in recent National Black Chamber of Commerce the record, because of his strong inter- years. An October 2002 report for the support it. est and support for this approach. Small Business Administration that This amendment will make a real dif- Again, I very much thank the Sen- measured the trends and impact of ference for small business. One small ator from Maine and the Senator from bundling over the last decade con- business owner wrote to me in support Missouri for their strong initiative in cluded that: the number and size of of my amendment because, she said, this area. bundled contracts issued by federal bundling had made contracts of the The PRESIDING OFFICER. All time agencies has reached record levels; size they could hope to obtain dis- having expired, the question is on small businesses are receiving disappear. She had, she wrote, been agreeing to the Collins-Talent amend- proportionately small shares of the knocking on the doors at the Depart- ment. work on bundled contracts; although ment of Defense for years, without any The amendment (No. 757) was agreed only 8.6 percent of contracts were bun- success due to bundling. to. dled, bundled contracts accounted for Another small business owner wrote Mr. WARNER. I move to reconsider 44.5 percent of the money spent to me that bundling had essentially the vote.

VerDate Jan 31 2003 04:20 May 22, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.105 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6797 Mr. LEVIN. I move to lay that mo- he drove a car in reverse 500 miles aver- sible, to most, that a weapon could tion on the table. aging 36 anywhere. That is the claim to have been stolen in Russia, and it was The motion to lay on the table was fame of the flying farmer from Makoti. plausible that a terrorist having stolen agreed to. I think to myself, he has nothing a nuclear weapon in Russia could have Mr. WARNER. Under the order, my over the Senate, especially on this detonated it, had the capability to det- understanding is now we go to the issue. We are fixing to go in reverse a onate it. Perfectly plausible. amendment of the Senator from North good long ways, with pretty aggressive We have discussed before the com- Dakota, with 90 minutes equally di- speed, on the issue of nuclear policy. mand and control of these nuclear vided. We have had in this country an un- weapons in Russia. We know they do derstanding that with respect to nu- AMENDMENT NO. 750 not have the safeguards we would like. clear weapons, we have them as a de- We know there are three-ring binders Mr. DORGAN. The amendment num- terrent. We do not have them to use; bered 750 is at the desk for consider- with hand notations about inventories we have them as a deterrent. We now of nuclear weapons; 30,000 of them exist ation. have people walking around this town The PRESIDING OFFICER. The in this world. We had a seizure about engaged in policy discussions, talking one being stolen, one being stolen and clerk will report. about ‘‘usable’’ nuclear weapons. Nu- The legislative clerk read as follows: everyone is greatly concerned, as they clear weapons? It is just another weap- should be. The Senator from North Dakota [Mr. DOR- on. In fact, let’s talk about not just nu- So today we come to the Senate with GAN] proposes an amendment numbered 750. clear weapons, let’s talk about low- a bill that says the following: We are Mr. DORGAN. Mr. President, I ask yield nuclear weapons. Programs, they not strong enough. We are not secure unanimous consent that the reading of say, are mininuclear weapons or micro- enough. We are worried about our fu- nuclear weapons, usable nuclear weap- the amendment be dispensed with. ture. What we need to do is build more ons. Let’s do designer nuclear weapons, The PRESIDING OFFICER. Without nuclear weapons. We need to build low- they say. Let’s now build a new nuclear objection, it is so ordered. yield nuclear weapons. The amendment is as follows: weapon as a bunker buster nuclear What is a low-yield nuclear weapon? weapon. I have no idea what they are (Purpose: To prohibit the use of funds for a That is one-third the size of the one in nuclear earth penetrator weapon) thinking about. In the paper today we have state- Hiroshima. And we need to do bunker At the end of subtitle B of title XXXI, add buster nuclear weapons, earth pene- the following: ments in this debate. We have to go ahead and develop new nuclear weap- trating bunker buster nuclear weapons. SEC. 3135. PROHIBITION ON USE OF FUNDS FOR That is my amendment. It strikes the NUCLEAR EARTH PENETRATOR ons because we do not want to tie the WEAPON. hands of our military. If we would not $11 million in this bill, prevents the op- (a) IN GENERAL.—Effective as of the date of allow additional nuclear weapons to be portunity to continue a design, a devel- the enactment of this Act, no funds author- developed, we would be the only coun- opment, or manufacturer of bunker ized to be appropriated or otherwise made try in the world that cannot produce busting nuclear weapons, development available for the Department of Energy by new nuclear weapons. What on Earth testing, engineering, no funds author- this Act or any other Act may be obligated are we thinking about? ized for feasibility study on the nuclear or expended for development, testing, or en- earth penetrator weapon. gineering on a nuclear earth penetrator Here is the nuclear stockpile for those who cannot sleep at night. There So the question for the Senate in this weapon. amendment is very simple. Do you (b) PROHIBITION ON USE OF FISCAL YEAR are some apparently who cannot sleep 2004 FUNDS FOR FEASIBILITY STUDY.—No because we do not have enough nuclear think you cannot sleep at night be- funds authorized to be appropriated or other- weapons. I want to give you a sedative. cause we do not have enough nuclear wise made available for the Department of We have roughly 30,000 nuclear weap- weapons and the only way you will get Energy for fiscal year 2004 by this Act or any ons in the world—roughly. No one a good night’s rest is if you can build other Act may be obligated or expended for knows exactly, but these are the best an earth penetrator bunker buster nu- a feasibility study on a nuclear earth pene- clear weapon? trator weapon. estimates. North Korea, we think, has two or three. Pakistan has some, India Is that what you think? If so, then Mr. DORGAN. Mr. President, we are has some, United Kingdom has more vote against my amendment. Katy bar debating the question of whether this than a few, Israel, France, China, the the door. Let’s develop another nuclear country ought to begin developing new United States, 10,600 nuclear weapons— weapon. We are saying to the rest of nuclear weapons, an important debate, we think, strategic and theater nuclear the world with this nonsense, we have as about important a debate we will weapons—and Russia, 18,600 nuclear the right of preemption. We will now have in this Senate in a while. The weapons. renounce the doctrine of first use. We press gallery is empty because this is Now, I mentioned yesterday that believe there are ‘‘usable’’ nuclear not some sex scandal. It does not have about a year and a half ago following weapons, and we need to build low- sensational aspects to it. It is not a September 11 there was a threat. Our yield nuclear weapons—new ones. We murder investigation. It is about intelligence community assessed a reserve the right to build nuclear weap- whether this country ought to decide threat against this country. The threat ons despite the fact that we have had a now to begin producing additional nu- was that someone has to have stolen a moratorium for a decade. We believe clear weapons. nuclear weapon from the Russian arse- we ought to have a bunker buster nu- I regret this is not debated and re- nal. Terrorists had stolen a nuclear clear weapon. You know what the mes- ported as a major national initiative so weapon from the Russian arsenal and sage is to India, to Pakistan, and to that the American people can be part was preparing to detonate that nuclear other countries that want nuclear of this discussion in our democracy. weapon in this country in either New weapons: That this country doesn’t But it is not. I feel very strongly that York or Washington, DC. The intel- think we ought to prevent the spread where we are headed at the moment is ligence threat picked up, deemed per- of nuclear weapons, or that we ought to in the wrong direction. haps credible, who knew, and so for a prevent the use of nuclear weapons but I told my colleagues before about a period of time it did not hit the press. that we need to bulk up and build new fellow from North Dakota I have al- For a period of time there was a seizure ones, and that we believe they are po- ways kind of enjoyed watching. He is that terrorists might have a nuclear tentially usable in some future con- called the flying farmer from Makoti. weapon, might detonate it in the mid- flict. Some have heard me tell about it. The dle of an American city. And then we That is exactly the wrong message flying farmer from Makoti, a guy in a are not talking 3,000 deaths, we are this country ought to be sending to small town of 80 people, Makoti, ND, talking hundreds of thousands of anybody in the rest of the world. What who drives a car, goes to county fairs deaths. It was determined a couple of we ought to be telling the rest of the and builds himself a ramp and jumps months later that was not a credible world is we have 10,600, roughly, nu- over cars, kind of a dare devil. His threat, and we moved on. clear weapons and the means to deliver name is John Smith. He is actually in But interestingly enough, the lesson them as a deterrent against anyone the Guiness Book of Records because from it was that it was perfectly plau- who would threaten our liberty.

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.019 S21PT1 S6798 CONGRESSIONAL RECORD — SENATE May 21, 2003 We don’t need more. To build more is whether we should begin the research 200 and you have 100, that is not the simply a green light to every other in this new weapon. They are talking way nuclear war will exist on the face country in the world that wants to be- about a bunker buster. I assume they of this Earth. come part of the nuclear community. are talking bunker busters because of The only opportunity we have for our I come from a State that understands Afghanistan. I went to Afghanistan. I children and grandchildren is to pre- defense. I support a strong defense. My flew over the mountains where deep in vent the use of nuclear weapons—not votes in the Congress will show that. I the caves of Afghanistan this twisted, to talk about the use of nuclear weap- support a very strong, robust defense sick, demented murderer named Osama ons, which some are now doing. It is in system in this country. We have two bin Laden with his people plotted the their minds practical to talk about this air bases in the State of North Dakota. murder of innocent Americans. I under- new day and new age of threat security One is for K–135 tankers, and the other stand. They have caves there. I under- issues, and to talk about the potential has both the Minuteman Missile with stand it was not easy for us to deal of use of nuclear weapons. Mark 12–A warheads, as well as B–52 with those caves. It is interesting to me that in the bombers. The result is that we have people middle of all of this discussion—even in Some have said that if the State of saying we need an earth penetrating this bill—I mentioned yesterday that North Dakota seceded from the Union, bunker buster nuclear weapon. They we are going to have $9 billion in this it would be the third most powerful are talking the size of a bunker buster bill for a national missile defense sys- country in the world. up to nearly 70 times larger than Hiro- tem to intercept an ICBM sent to us by I know a little something about this. shima. Hiroshima was 15 kilotons. either a rogue state or a terrorist. I have seen a nuclear weapon close up. It seems to me that if you build a 1- First, terrorists and rogue states I have studied what they do and what megaton nuclear weapon as a bunker aren’t going to get ICBMs. It is very the impact of nuclear weapons are. I buster you are going to bust a whole unlikely. Their delivery of choice is have tried to understand deterrent ca- lot more than a bunker. I am guessing going to be in a container on a tanker pability. you bust a mountain, you bust the ter- ship. It is not going to come in at 18,000 All of us know that with a world full ritory for miles and miles and miles miles an hour. It will come in at 3 of nuclear weapons we have been very around, and you bust any living crea- miles an hour to a dock in a major blessed that we have not had a war ture. So I don’t know. If the bigger the American city. with nuclear weapons. All of us know explosion, the safer we are, the more The lowest threat on the threat meter in this country we are spending that. As I said yesterday, I have kept security we have, then be my guest; I the most money on is national defense, in my desk for some long while pieces guess this would be your weapon. But and the highest threat has the least ex- of material that remind us that the the question at this moment in time, penditure. Regrettably, that is the ap- proper approach to dealing with this at this intersection in America history petite for these programs in the Sen- threat is the approach we have used is, Is this what we want to do? under Nunn-Lugar and other arms con- If today the trucks are moving in ate. But when you talk about threat, the threat, it seems to me, is that this trol and arms reduction treaties. This North Korea taking spent fuel rods country will decide that it makes a U- is a piece of metal taken from the shaft from the nuclear plant, if today those turn on public policy here with respect of an S–24 missile that had a warhead trucks are moving in a way that takes to nuclear policy and decide it says to aimed at the United States. Where that that material to be produced in a nu- the rest of the world, here is a green missile was buried in the Soviet Union clear weapon to be sold to terrorists, in light. The green light is to build addi- are now sunflowers. There is no mis- a way that has a nuclear weapon show- tional nuclear weapons. We want to sile. The warhead is gone. There are ing up 14 months from now in a major build so-called low-yield nuclear weap- sunflowers at the place. American city, is our first responsi- ons, which is an oxymoron. There is no How that happened is we paid for the bility in the Congress and in this coun- such thing as a low-yield nuclear weap- destruction of that missile. We didn’t try to say what we really need are on. We want to build them. Guess what shoot it down. We destroyed it with more nuclear weapons? We have 10,600. Russia will be saying. We want to build American taxpayer dollars under arms Is that really our response? Or ought some, too, then. There you go. We want control agreements. we decide that there are bigger issues to build earth penetrator bunker bust- This is copper metal from a ground- and more important issues for us to be er nuclear weapons. So will others. So up Russian submarine. We didn’t sink talking about with North Korea and we spark a new arms race. Instead of the submarine. We destroyed it under the rest of the world? reducing the number of nuclear weap- Nunn-Lugar and arms control reduc- Those issues include stopping the ons and making this world a safer tion. We paid to have the submarine spread of nuclear weapons now. I mean place, we will increase the number of destroyed. stopping the spread now. We have so nuclear weapons and will actually have I also have a metal piece in my desk many countries and so many groups other countries understanding that it from a wing flap from a Soviet bomber. that want access to nuclear weapons. is our country that talks about the po- We didn’t shoot it down. We paid to Our job is to be the world leader. We tential use of nuclear weapons in fu- have the wing sawed off, and that are the superpower. We have the larg- ture conflicts. bomber was destroyed with arms reduc- est economic engine in the world, and I think this is the most Byzantine tions and arms control money from we are the military superpower in the thing I have witnessed in all the years Nunn-Lugar. world. We, unfortunately or fortu- I have served in the Congress. I do not The fact is we know what succeeds. nately, have the responsibility and the have the foggiest idea how this is not We know what has reduced tensions mantle on our shoulders to stop the met with the reaction by the American and reduced delivery systems. Yet we spread of nuclear weapons. It is on our people: What on Earth could you be are told today that America will only watch. It is our job. It is not someone thinking about? Or aren’t you thinking be safer in this new day and in this new else’s job. at all? I just do not understand it. age of terrorism if we begin building How do we stop the spread of nuclear I likely will lose this amendment. It new types of nuclear weapons. We are weapons and decide to send the signal is a small amendment. The amendment told by people in positions of signifi- to the rest of the world that nuclear deals with a relatively small amount of cant responsibility in this town with weapons cannot be used in this world of money but a critically important prin- policy roles and responsibility that it ours? Once you start moving nuclear ciple. I am just trying to take one is not unthinkable for us to talk about weapons back and forth in anger, this piece out of this bill, the piece that ‘‘usable’’ nuclear weapons. In fact, such Earth as we know it is gone. says: Let’s start the research to move discussions have occurred in the pages Those people who talk about ‘‘surviv- toward an earth penetrating bunker of our Nation’s major newspapers with able’’ nuclear weapons are nuts, just buster nuclear weapon. Let’s just start. respect to both Afghanistan and Iraq. nuts. They still think about tank wars. Let’s just take the first step. Let me talk for a moment about the You have 200 tanks; we have 100 tanks. I am saying: Let’s not. so-called bunker buster or earth pene- Then we have a battle. Who has how If you cannot sleep at night because trator nuclear weapons. This is about many tanks remaining? Or if we have we have 10,600 nuclear weapons, you are

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.022 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6799 not going to sleep better at night be- fair, to let the Congress know, and par- not a lot of money to some. But my cause you have a bunker buster high- ticularly the Senate, this thing was au- amendment strips that money to say yield jumbo buster nuclear weapon. thorized last year and voted upon, ap- let’s stop this. We do not need earth That is not going to make you sleep proved, funded. This is a second penetrating bunker busting nuclear better. Take some sleeping pills. tranche of funds for research. weapons. Does the Senator from Vir- Mr. WARNER. Will the Senator yield Essentially the amendment of the ginia believe at this moment we can’t for a question on my time? Senator is to establish a total ban on sleep because we don’t have bunker Mr. DORGAN. I am happy to yield. this entire program. busting earth penetrating nuclear Mr. WARNER. I listened very care- If I may say on my own time, of weapons? fully to your statements. You say let’s course, it is the intention of the Sen- Mr. WARNER. The distinguished see if we can’t stop taking the first ator from Virginia, again in total fair- chairman of the subcommittee is here. step. Am I correct in that? ness to our colleagues, to incorporate I asked him to address the strategic Mr. DORGAN. That is correct. in this legislation, in this bill, a provi- implications and the necessity. The Mr. WARNER. Am I not correct, last sion which is identical in purpose to Chairman of the Joint Chiefs just yes- year the Congress of the United States the one we just voted on, the Warner terday, when I was consulting with spoke to that issue and took that first amendment. It will say: The Secretary him, said there is now a proliferation step and initiated that program? The of Energy may not commence the engi- of effort by nations which have inter- first step has been taken. neering development phase, that’s the ests antithetical to ours, going deep Mr. DORGAN. I am sorry, I do not next phase, or any subsequent phase of into the ground to establish facilities understand your question. Would you the nuclear earth penetrator program to manufacture poison weapons, bio- rephrase the question. unless specifically authorized by Con- logical weapons, gas weapons, and pos- Mr. WARNER. Last year the Con- gress. sibly nuclear weapons. I think it is pru- gress in the military authorization bill So into this legislation—it had been dent that our arsenal of defense deter- took the first step on this program, my intent to put it on in the second de- rence have in it weapons, if I may fin- and put money in the bill. The research gree, but the time agreement under- ish, both nuclear and conventional. has already commenced. standably precluded that. It may well Mind you, there is an ongoing effort I think the point of reference, to be be other Senators will join us. But this parallel to this one to determine accurate, I would say to my good is the intention of the Senator from whether or not we can achieve the friend—you are not taking the first Virginia. I wish to represent to all col- same strategic goals of destruction of step. In other words, this program is leagues I will endeavor, and I have deep underground facilities with con- ongoing. In this bill are simply the every reason to believe there is going ventional weapons, which would cer- funds to continue what the Congress to be support on the other side, to in- tainly be used prior to the use of any authorized last year after debate and corporate this language which will put nuclear weapon. So it is a parallel pro- vote. Congress entirely in control of this gram of conventional and nuclear. Mr. DORGAN. For purposes of the program, entirely in control, just as I But I respect my colleague whose Senator from Virginia, giving him amended the previous legislation to views are different than mine. His comfort, let me say my amendment put Congress entirely in control of amendment bans forever this type of will end the second step. If his point is every step as it goes along. weapon—research, development, every- the research for the bunker buster nu- Mr. DORGAN. If I may use the word thing. It stops it cold. clear weapon was last year a first step, credibility, as the Senator from Vir- Mr. DORGAN. I am sorry, if the Sen- then let me suggest to you my amend- ginia did, let me say to those who ator wants to talk about credibility, ment will withhold the money so we do might listen to this debate or watch let me correct the Senator, if you do not take the second step. this debate, it is incredible to believe not mind. On page 2 of my amendment However, I think the larger point the Congress will be in charge of every step it prohibits it for the year 2004, because Senator from Virginia understands. of the development of this program. that’s all I can do, with respect to 2004. The step this country wants to take, to That is preposterous. That is not the Mr. WARNER. That is correct. say there are usable nuclear weapons, case on any defense system of which I Mr. DORGAN. And for the year 2004 that there are designer nuclear weap- am aware. it says: No funds authorized or appro- ons that can be produced with lower My amendment is very simple, I say priated or otherwise made available, et and higher yields for special kinds of to the Senator from Virginia. My cetera, for a feasibility study. uses is a very dangerous step and ex- amendment prohibits the use of these Mr. WARNER. Which study was au- actly the wrong step for those of us funds. You did not talk about prohib- thorized, I say to my colleague, last who believe our leadership responsi- iting funds. You want to fund it. You year. bility is both to stop the spread of nu- want to authorize it. You want to move Mr. DORGAN. Let me finish my clear weapons and to reduce the num- ahead with it. That is fine. We have a point. If we are going to be completely ber of nuclear weapons. I think the disagreement about that. But there is accurate here. larger point the Senator from Virginia no credibility issue here. The PRESIDING OFFICER. The Sen- understands. But if he is more com- The question is whether this country ator will suspend. The Chair will advise fortable with my saying we will stop wants, with this legislation, to say to the Senator from North Dakota has the the second step rather than the first the rest of the world, By the way, we floor. All conversations are being step, we will stop whatever steps are have embarked on a new venture here charged against his time. taken in the wrong direction, in my and with this new venture, whether it Mr. WARNER. Mr. President, I think judgment. is last year or this year, it is decided I said when I took the floor, it would be The PRESIDING OFFICER. The Sen- we need new nuclear weapons including charged to the Senator from Virginia. ator from Virginia. bunker busting nuclear weapons. It is in the nature of a colloquy which Mr. WARNER. I just think accuracy If the answer to that is yes, that’s takes place, so statements on my be- on these very important subjects is ab- what we want to do, then the answer is half are charged against my time, solutely vital to establish credibility we vote with my colleague from Vir- statements by the Senator from North among our colleagues. I read from the ginia. If you believe it is moving in ex- Dakota on his time. report language. It says: actly the wrong direction, it is driving Mr. DORGAN. That was my under- This amount includes $21 million for ad- 500 miles in reverse like the flying standing. vanced concepts, of which $15 million is au- farmer from Makoti, if you really be- The PRESIDING OFFICER. Without thorized to continue the feasibility study on lieve this is stepping backward, as I do, objection, the time will be so charged. the robust nuclear earth penetrator. and dangerous for the rest of the world, Mr. DORGAN. Let me just make this So the Senator was incorrect in his you vote no. You vote to strip the point because I think it is important. I, representation that he was endeavoring money. too, want to be accurate. I want to be as if to say I am going to stop it now Look, money is money, as you know. accurate on my side and your side. My before it gets started. I think that is This $11 million, $15 million is probably amendment prohibits the use of funds

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.025 S21PT1 S6800 CONGRESSIONAL RECORD — SENATE May 21, 2003 for the earth penetrator weapon to be ment of Energy by this Act or any be the United States did everything ‘‘obligated or expended for develop- other Act may be obligated or ex- conceivable in its power to say: Never ment, testing, or engineering on a nu- pended for development, testing,’’ and shall a nuclear weapon be used. Our nuclear earth penetrator weapon.’’ That so forth. clear weapons are deterrents, deter- is perpetual. And ‘‘(b) Prohibition on Does that not capture the existing rents so they never can be used against Use of Fiscal Year 2004 Funds’’ deals funds that were appropriated last year? us and never used against others. But only with this fiscal year. Mr. DORGAN. No, it does not. now it has all changed, and there are So to be perfectly accurate, the ques- First of all, read the last words, ‘‘de- people who think it is perfectly plau- tion of the withholding of funds with velopment, testing, or engineering,’’ sible, it is just another weapons pro- respect to the feasibility study only ap- and then compare that to (b) in which gram, just part of our weapons system. plies to this fiscal year. It is not per- I am talking about the feasibility Well, in 2003, with what is happening manently banning that funding be- study. I am withholding the funds from around the world—terrorists, India, cause I can only ban it for this year. So the feasibility study. I was attempting Pakistan, North Korea—I cannot think I just want to make that point. to make that distinction for you. of a more destructive piece of public I am happy to yield and happy to en- Mr. WARNER. But if your amend- policy than to continue with this kind gage in this colloquy, but I think the ment would pass, wouldn’t it be the ef- of nonsense. It is not just wrong, it is issue is quite simple actually: Either fect to the Department of Defense: Why dangerously wrong, in my judgment. one believes we ought to have new nu- waste last year’s money if you are pro- I yield the floor. clear weapons, earth penetrating bunk- hibited from spending another nickel? The PRESIDING OFFICER. Who er busters—and I don’t remember ex- Mr. DORGAN. I am all for that state- yields time? actly who showed up to testify yester- ment: Why waste money? I am all for Mr. LEVIN. Mr. President, may I just day; someone from the Joint Chiefs, I that. If the proposition is, what I am have 3 minutes from the Senator from guess, and they have told us that some- trying to do is tell the Defense Depart- North Dakota? where around the world, somebody is ment, don’t waste money, then sign me Mr. DORGAN. I am happy to yield auguring deep into the earth, God for- up and count me in. the time to the Senator. bid, and we might well need a nuclear Mr. WARNER. I think we have clari- The PRESIDING OFFICER. The Sen- weapon to go get them. fied this situation as best we can. But ator is recognized for 3 minutes. I would say to people who come I wish to state to my colleagues, it is Mr. LEVIN. Mr. President, I support around here with those stories: Go get the intention of this Senator—I hope to the amendment offered by the Senator some fresh air. Put some sugar on your be joined by others; and, indeed, one on from North Dakota. I think for the rea- cereal. I don’t, for the life of me—there the other side of the aisle—to put in sons he gives, we should not walk down are people around here, I swear to you, legislation, as a part of the consider- a road which tells both our people and who, if told our adversaries were creation of this subject of the penetrator, the rest of the world that we are going ating a cavalry, would be on the floor the exact language we had and voted to consider the development of what trying to buy horses. I don’t under- on very strongly here just 15 minutes was called the bunker buster, which, as stand this notion that there is a rumor ago. a matter of fact, is from 28 to 70 times that somebody is doing something, so Mr. DORGAN. I have deep respect for the size of the Hiroshima bomb. let’s create a new nuclear weapon. my colleague from Virginia. We are What we decided last year was we The reason I offer this specific friends. We disagree on this issue. would put a fence around the first amendment, I say to the Senator from Let me make a final point. I know year’s study and we would get, indeed, Virginia, is that I know they talked others want to speak on this matter. a report before that money was spent. about this in Afghanistan, in Iraq. And We are now in a new environment in It is a report which is totally unsatis- they talked about the issue of ‘‘usable’’ which the language about the nuclear factory. nuclear weapons. They talked about threat has changed dramatically. We So there was a lot of doubt—a lot of the difficulty in caves. I have flown have people who say we really need to doubt—in this body about whether we over those mountains. I have seen begin nuclear testing once again. We should proceed down a road which con- those mountains and the caves. But for have people who say we ought not for- siders the utilization of nuclear weap- us to come back here and say: Oh, by swear the first use of nuclear weapons; ons in new forms that are 28 to 70 times the way, our new global strategy is to first use might in some circumstances the size of Hiroshima. create a new class of nuclear weapons— be perfectly plausible. We have some Now we are also told, this morning, I think that has profound implications who say nuclear weapons are ‘‘usable’’ that now there may be some chemical with respect to the stability and the as tactical issues, as strategic issues on and biological sites that could be un- spread of nuclear weapons around the the battlefield, they are usable nuclear derground for which these weapons world. weapons we ought to be considering. would be used. The PRESIDING OFFICER. The Sen- There are people who say we need new Well, first of all, conventional weap- ator from Virginia. kinds of nuclear weapons—bigger ones, ons are perfectly adequate to close en- Mr. WARNER. I readily state you the jumbo ones, which is the earth pen- trances and holes. But putting that have one position on the concept of etrator, and smaller ones, the smaller, aside for a minute, just think about it. whether this Nation should, you said, mininuclear weapons that would be The intelligence community said they start up—but I think you agree with one-third the size of Hiroshima, which had identified 590 suspect sites in me now, it is ongoing—so stop where it certainly is not mini, but that is what Iraq—590 sites, according to Secretary is, this program. You make your point. they say. Rumsfeld. Now, that used to be a clas- I make my point. We have people saying all these sified number, but apparently the other What I am trying to do is to clarify, things in this country, some of them in day it was just declassified by Sec- for the benefit of our colleagues, pre- very responsible policy positions. I retary Rumsfeld, so I will use that cisely what I understand your amend- think the rest of the world sees all number. The intelligence community ment does. What this Senator, or per- that, listens to that, looks at bills such said 590 sites over there in Iraq are sus- haps joined by others, intends to do is, as this, and says: You know what, the pect chemical and biological weapons namely, make the effect of the amend- United States has 10,600 nuclear weap- sites. ment parallel to what we have done ons in its arsenal. And they say they We are going to drop a nuclear weap- three times now. Three times this body need more? And they say they have a on on those sites based on the intel- has voted not to ban research on a nu- right to use them? They will not re- ligence of the CIA? Are we kidding? Do clear system. You are asking for a ban. nounce first use. we know what we are dealing with I draw your attention to your first They say they want specific, more when we are talking about nuclear sentence: ‘‘Effective as of the date of designer kinds of weapons for battle- weapons 28 to 70 times the size of Hiro- the enactment of this Act, no funds au- field use. shima? Those are the weapons being thorized to be appropriated or other- They are saying: You know, the considered for modification for the so- wise made available for the Depart- United States has changed. It used to called bunker buster. They are not

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.027 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6801 bunker busters. These are world peace new nuclear weapons. We are modi- setting an example for the rest of the destroyers. These are city destroyers. fying existing nuclear weapons. Some- world. We are continuing to set the ex- These are nation destroyers. how the other side is trying to imply ample for the rest of the world by re- For us to casually—and I think it is that we are building new nuclear weap- ducing the number of nuclear war- casual—talk about, ‘‘Let’s go down this ons, and we are going to continue to heads. The problem is countries such as road, we are not talking about develop- add to the number of nuclear warheads Afghanistan and Pakistan don’t care ment here, we are only talking about we have. We are continuing to reduce what we are doing. Despite our best ef- research,’’ we have the person who is the number of nuclear warheads under forts to set an example, they are con- the top person in the Defense Depart- the Moscow Treaty. tinuing to develop nuclear warheads. ment as the adviser to the Secretary of The Senate bill includes an author- They are doing more than we are today Defense on nuclear matters, Fred ization of $15 million to continue a 3- as far as the triggering mechanism for Celec, who says, ‘‘If a hydrogen bomb year feasibility study on the robust nu- nuclear warheads. If that continues, could be successfully designed to sur- clear penetrator. I repeat, to continue where will that put us as far as the de- vive a crash through hard rock, it will the feasibility study. This is not a new fense of this country is concerned? ultimately get fielded.’’ issue for the Congress to consider. In I commend President Bush. He has Now, that is not one of the sup- the National Defense Authorization taken the lead in reducing the number porters of the Dorgan amendment who Act for fiscal year 2003, the Congress of nuclear warheads. It is great that we is saying that. That is the top adviser authorized $15 million for the first year are able, through these kind of pro- to the Secretary of Defense who is say- of the feasibility study on the robust grams, to take covert silos, as my ing: If we can show that it will work, nuclear earth penetrator which is now friend from North Dakota mentioned, and design it, it will be fielded. under way. and we are planting sunflower seeds. The rest of the world does not ignore This bill authorizes only the continu- We are still doing that today as a re- what we do here. What we are doing ation of the feasibility study. It does sult of the Moscow Treaty. Even before here is marching down a road which is not authorize the production or deploy- the treaty, the President announced dangerous and reckless in terms of ment of such a capability. that he would take down the Peace- world peace and security. And we The RNEP for feasibility—referring keeper which is buried in silos in Wyo- should not do it. to the robust nuclear earth pene- ming, Nebraska, and Colorado. That ef- This is not just simply a study. This trator—will determine if one of two ex- fort is moving forward. We are con- is a step—a very important step—down isting nuclear weapons can be modified tinuing to do that. The point is, we a road, in a direction which, appar- to penetrate into hard rock in order to need to have some flexibility. Times ently, according to Fred Celec, who is destroy a deeply buried target. That is are changing. Our targets are chang- the Deputy Assistant Security of De- the challenge we face. Our potential ing. We need to have new technology. fense for Nuclear Matters, will be ulti- enemies are trying to avoid any vulner- We need to study. That is what this mately fielded. ability to targets by going deeper and provides, a feasibility study of these I support the amendment of the Sen- deeper underground. In order to de- various options. We simply cannot af- ator from North Dakota. I do point out stroy deeply buried targets that could ford to be caught shorthanded. Too that there was a fence around last be hiding weapons of mass destruction much is at risk. America is at risk. year’s money. It was not as though last or command and control assets, this ADM James Ellis, Commander of year we decided to proceed. There were new technology needs to be an option, U.S. Strategic Command, confirmed in some conditions which were attached. not that we are necessarily going to testimony before the Strategic Forces As far as I am concerned, when you use it. Subcommittee, on April 8, 2003, that read that report, it is very unsatisfac- The Department of Energy has modi- not all hardened and deeply buried tar- tory, very general, and not at all suffi- fied nuclear weapons in the past to gets can be destroyed by conventional cient to justify moving to the next $15 modernize their safety, security, and weapons. That is his view. Many na- million. reliability aspects. We also modify ex- tions are increasingly developing these The PRESIDING OFFICER. The Sen- isting nuclear weapons to meet new hardened, deeply buried targets to pro- ator from Virginia. military requirements. The B–61–11, tect command and communications Mr. WARNER. Mr. President, that one of the nuclear weapons being con- and weapons of mass destruction pro- fence was met. The Department sub- sidered for the RNEP feasibility study, duction and storage assets. It is pru- mitted its report. On receipt of that re- was also modified once before to serve dent to authorize the study of poten- port, the program, as authorized last as an earth penetrator to hold specific tial capabilities to address this grow- year, commenced. It is an ongoing pro- targets at risk. At that time, the modi- ing category of threat. gram. fication was to ensure the B–61 would What the Senate bill authorizes is Mr. LEVIN. The Senator is correct. penetrate frozen soils. The RNEP feasi- simply the second year of the 3-year But it is important to point out that bility study is attempting to determine feasibility study and nothing more. there was so much concern about step if the same B–61 or another weapon— Should the National Nuclear Security 1, there was a fence or a condition at- for example, the B–83—can be modified Administration determine through this tached to the expenditure of the to penetrate hard rock or reinforced, study that the robust nuclear earth money. It is incumbent upon all of us underground facilities. Authorizing re- penetrator can meet the requirement to read the report and ask, does that search on both options, nuclear and to hold a hardened and deeply buried satisfy us that we ought to take the conventional—and we hope we will target at risk, NNSA still could not next step? never have to use the nuclear; we hope proceed to full-scale weapons develop- Mr. WARNER. Mr. President, the use we can continue to advance the con- ment, production, or deployment with- of fences is quite common in a number ventional technology so that would be out an authorization and appropriation of areas in the Defense authorization the preferred method of choice to go from Congress. process. after these deep underground hardened We do the study. Say the study says Mr. LEVIN. It is, indeed. targets—for attacking such targets is a there is a feasible alternative. Still The PRESIDING OFFICER. The Sen- responsible step for our country to they cannot move forward until they ator from Colorado. take have the authorization for development Mr. ALLARD. Mr. President, how Again, we are not producing new nu- and production through authorization much time remains on our side? clear weapons. We are doing a modi- and appropriation from the Congress. The PRESIDING OFFICER. Twenty- fication. It is a continuing modifica- We should allow our weapons experts seven minutes. tion. We have modified the B–61 before. to determine if the robust nuclear Mr. ALLARD. Mr. President, I rise in We are looking at the B–83 to see if per- earth penetrator could destroy hard- opposition to the Dorgan amendment. haps we can’t do a modification on ened and deeply buried targets to as- Before I make any more comments, that. sess what would be collateral damage right at the very start, I want to make The sponsor of the amendment made associated with such a capability. Then one thing clear: We are not building the comment that the United States is Congress would have the information it

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.030 S21PT1 S6802 CONGRESSIONAL RECORD — SENATE May 21, 2003 would need to decide whether develop- too long ago to the Senate Armed Serv- Treaty in August 1963, prohibiting tests ment of such a weapon is appropriate ices Committee. He wasn’t talking of nuclear weapons in the atmosphere. and necessary to maintain our Nation’s about the United States but he should In February 1967, a treaty prohibited security. have been. As we have seen already in nuclear weapons in Latin America. I urge my colleagues to join me in this debate, the Bush administration’s opposing the Dorgan amendment as it policy would make the United States In July 1968, the Treaty on the Non- now stands. This is an important issue. the biggest nuclear weapons Proliferation of Nuclear Weapons was We are talking about the defense of proliferator of all. They want to signed in Moscow, London, and Wash- this country. A lot is at stake. I think ‘‘nuclearize’’ as many of our conven- ington, and entered into full force in we need to keep in mind that despite tional weapons as possible. March 1970. That same year brought the fact we are doing a lot today to re- But nuclear weapons are different. the beginning of the first round of duce the number of nuclear weapons in The unique destructive power of these Strategic Arms Limitation Talks in our arsenal, other countries are con- weapons gives them the capacity to Vienna. The SALT agreement was tinuing to test. I put in the RECORD threaten the very survival of human- signed 2 years later in 1972 and placed yesterday a whole page of tests that ity. That is why nuclear weapons have restrictions on the number and size of have occurred since we quit testing un- always been kept separate from other nuclear warheads in the Soviet and derground. Other countries are con- weapons as part of our strong commit- American arsenals. ment to do all we can to see that they tinuing to develop their weapons. We In the 1970s, we made further are never used again. Only in the most need to continue to use our technology progress in limiting the threat of nu- dire circumstances should the use of to make sure we have the proper de- clear war. The Senate approved trea- nuclear weapons be considered—only if fenses and the wherewithal to protect ties to prohibit the placement of nu- our troops in the field, to protect the very survival of our Nation is threatened. clear weapons in the ocean and to limit America, and to protect freedom. underground testing. We almost Madam President, I reserve the re- It makes no sense to break down the reached an agreement on the second mainder of my time. firewall we have always maintained be- The PRESIDING OFFICER (Ms. tween nuclear weapons and other weap- round of Strategic Arms Limitation MURKOWSKI). Who yields time? ons. This policy has worked for over Talks, or SALT II, but the Soviet inva- Mr. ALLARD. Madam President, I half a century in preventing nuclear sion of Afghanistan in 1970 took that suggest the absence of a quorum. war. Other nations have complied with agreement off the table. The PRESIDING OFFICER. The the basic principle, too. A nuclear In 1987, the Soviet Union and the clerk will call the roll. weapon is not just another item in our United States signed the Intermediate The assistant legislative clerk pro- Nation’s arsenal. We don’t need to Range Nuclear Forces Treaty. In 1991, ceeded to call the roll. start building mini-nukes when our using pens made from melted down Mr. DORGAN. Madam President, I state-of-the-art, high-tech conven- missiles, President Bush and President ask unanimous consent that the order tional weapons can do the same job. Gorbachev signed the Strategic Arms for the quorum call be rescinded. And we don’t need to go nuclear with Reduction Treaty START I. The PRESIDING OFFICER. Without our conventional bunker buster weap- objection, it is so ordered. ons, either. Six months later both nations com- AMENDMENT NO. 750, AS MODIFIED I was 13 years old on that fateful day mitted to further nuclear program re- Mr. DORGAN. Madam President, I in August 1945, when a B–29 bomber fly- ductions and eliminations. Soviet lead- have sent a modification to the desk, a ing high over Hiroshima dropped the er Gorbachev initiated a moratorium technical modification. I ask to have first nuclear weapon, ‘‘Little Boy.’’ on nuclear testing in October 1991, and the modification agreed to. More than 4 square miles of the city President Bush canceled the Midget- Mr. ALLARD. There is no objection were instantly and completely dev- man Missile Program and stopped pro- on this side. astated. Over 90,000 people died in- duction of advanced cruise missiles in The PRESIDING OFFICER. Without stantly. Another 50,000 died by the end January 1992. That summer, the Senate objection, the amendment is so modi- of that year. Three days later, another voted for a 9-month moratorium on nu- fied. B–29 dropped ‘‘Fat Man’’ over Naga- clear weapons testing beginning in Oc- The amendment (No. 750), as modi- saki, killing 39,000 people instantly and tober 1992, with a final cutoff of all fied, is as follows: injuring 25,000 more. testing by September 1996. (Purpose: To prohibit the use of funds for a Since then, no nuclear weapon has nuclear earth penetrator weapon) ever been used in any war. There have In 1993, Presidents Bush and Yeltsin At the end of subtitle B of title XXXI, add been close calls in the past half cen- signed START II, reducing U.S. and So- the following: tury but this weapon was never used. viet arsenals of longer range nuclear SEC. 3135. PROHIBITION ON USE OF FUNDS FOR In 1948, the Soviet Union began the weapons and eliminating all land-based NUCLEAR EARTH PENETRATOR Berlin Blockade, and we considered the missiles with multiple warheads over WEAPON. the next 10 years. (a) IN GENERAL.—Effective as of the date of use of tactical nuclear weapons if the the enactment of this Act, no funds author- conflict escalated. We also considered After we finalized this testing mora- ized to be appropriated or otherwise made the use of nuclear weapons in the Ko- torium, France and China stopped test- available for the Department of Energy by rean war. In 1957, the Soviets launched ing, and Russia continued its own mor- this Act may be obligated or expended for de- Sputink, and it became clear that two atorium. But now, after many difficult velopment, testing, or engineering on a nu- oceans could not protect us from a nu- years of this progress toward pre- clear earth penetrator weapon. clear attack at home. (b) PROHIBITION ON USE OF FISCAL YEAR venting nuclear war, the Bush adminis- In 1958, President Eisenhower de- 2004 FUNDS FOR FEASIBILITY STUDY.—No tration wants to change direction and funds authorized to be appropriated or other- clared a moratorium on all nuclear go the other way. Last year, it re- wise made available for the Department of testing—with the understanding that quested $15.5 million to study the feasi- Energy for fiscal year 2004 by this Act may the Soviet Union would also honor the bility of adding a nuclear bunker bust- be obligated or expended for a feasibility moratorium. But testing resumed in er to our arsenal. They say they need it study on a nuclear earth penetrator weapon. 1961, and after negotiations with the to destroy hardened and deeply buried Mr. KENNEDY. Madam President, I Soviet Union, we issued a Joint State- targets, and they want $15 million urge the Senate to support this amendment of Agreed Principles for Disar- more this year to continue the project. ment to strike funding for nuclear mament Negotiations—the so-called bunker busters. What sense does it McCloy-Zorin accords—which outlines They say they need it to destroy make for the Nation to do all it can to a program for general and complete hardened targets buried deeply under- prevent the proliferation of nuclear disarmament. ground, but the scientific community weapons, and then start proliferating In the work of the Cuban missile cri- has raised serious questions about the them ourselves? sis, President Kennedy pushed force- effectiveness and need for these weap- ‘‘More has changed on proliferation fully for a treaty to limit the develop- ons. A nuclear explosion in a bunker than on any other issue.’’ CIA Director ment of nuclear weapons. The result could spew tons of radioactive waste George Tenet made this statement not was in the Partial Nuclear Test Ban into the atmosphere. Obviously, trying

VerDate Jan 31 2003 04:20 May 22, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.033 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6803 to develop nuclear weapons for this In addition, the Union of Concerned after Senator LAUTENBERG offers his mission distracts from developing con- Scientists points out that the robust amendment, there would be a vote. ventional alternatives to do the job. nuclear earth penetrator could actu- Mr. WARNER. It is my hope that in According to Dr. Sidney Drell, of ally disperse biological and chemical the course of Senator BYRD’s 20 min- Stanford University: Currently, we weapons by spreading them into the re- utes, if that decision could be made, don’t have the capability of digging sulting crater and surrounding air. Senator BYRD would certainly under- down more than 50 feet to reach deeply These weapons are not usable weapons. stand the need to maintain the momen- buried hardened targets. If we detonate Finally, our continued development tum. just 1 kiloton between 20 and 50 feet of new uses for nuclear weapons will Mr. ALLARD. Madam President, I down, a million cubic feet of dirt would only spurn other nations to do the renew my request. have radioactive contamination, and a same. The PRESIDING OFFICER. Is there crater the size of the crater at the As Rose Gottemoeller, the former objection? World Trade Center would be created. Deputy Secretary of Energy, has said, Without objection, it is so ordered. Imagine what would happen if one of ‘‘I think people abroad will interpret Mr. DORGAN. Madam President, let these weapons was a nuclear weapon this as part of a really enthusiastic ef- me conclude with a few comments and with a yield of 400 kilotons and was fort by the Bush administration to indicate, as I should have, that Senator detonated. Is it even possible to imag- renuclearize. And I think definitely FEINSTEIN of California, Senator BYRD, ine a crater 400 time the size? there’s going to be an impetus to the and Senator BINGAMAN are all cospon- It makes no sense to start down this development of nuclear weapons sors of my amendment. Let me con- road. No country should be making around the world.’’ clude by saying I understand there is a weapons like that. It is wrong for this The war in Iraq showed our Nation difference of opinion about what de- administration to start developing new has overwhelming superiority when it fending America really is. I don’t think types of nuclear weapons that have no comes to conventional forces. It it is defending our interests or pro- plausible military purpose and that can doesn’t make any sense to promote the viding greater national security to be only encourage even more nations to development of nuclear weapons and involved in the creation of new nuclear go nuclear. signal to the world that weapons of weapons. Mrs. BOXER. Madam President, I am mass destruction have other uses other I believe the best way to defend our very concerned that the fiscal year 2004 than a means of last resort. country, especially in a new day and Defense Authorization Act provide $15 I urge the passage of the Dorgan age of terrorism, is to understand we million of funding for the continued amendment. must find ways to prevent terrorists study into the feasibility of developing Mr. ALLARD. Madam President, I from ever acquiring nuclear weapons, a robust nuclear earth penetrator. for they surely will use them. We saw The robust nuclear earth penetrator ask unanimous consent that we vote at what they did with a low-tech weapon, is a bomb designed to bury itself deep 12:30 relative to the Dorgan amend- with jet airplanes full of fuel. That was into the ground before it explodes. This ment; that our time be equally divided a low-tech weapon. is not a low-yield nuclear weapon. Ac- between both sides; and that after the The ability to acquire nuclear weap- cording to reports, this weapon would vote, Senator BYRD be allowed to speak ons will be a devastating consequence, be five times more powerful than the for 20 minutes. especially for us in the United States, device detonated at Hiroshima—and Mr. WARNER. Is this a UC request? because terrorists will surely want to would have an even greater impact be- Mr. ALLARD. It is my understanding use them. It seems to me our job is to cause a nuclear weapon’s force is mul- Senator REID discussed this with the stop the spread of nuclear weapons, do tiplied when its shock wave penetrates chairman and it was agreed that Sen- everything conceivably possible to stop the crust of the Earth. ator BYRD would have an opportunity The aim of those who support this re- to speak for 20 minutes after the vote. the spread of nuclear weapons and pro- search into the robust nuclear earth Mr. WARNER. That’s correct. If I vide no green lights, no go signs for penetrator believe that a usable nu- may add a word or two to this. In the anybody in the world to believe that clear weapon will be able to destroy course of my colloquy with the Senator we think it is acceptable for the use of deeply buried targets with few casual- from North Dakota, it was indicated nuclear weapons; that we believe nu- ties and little fallout. Unfortunately, there would be an effort to place in this clear weapons are ‘‘usable’’ in battle- science is not on their side. bill language comparable to what was field circumstances; that we believe we Last year, a number of scientists, in- in the amendment that was voted on ought to build additional nuclear weap- cluding Sidney Drell of the Stanford immediately prior to this one to give a ons, understanding that others will as Linear Accelerator Center wrote, ‘‘an consistency in the manner in which we well. If we want to do low yield, they earth-penetrating warhead with a yield are treating these very serious ques- will also want to. If we want to do pen- sufficient to destroy a buried target tions. So I will put this on the desk and etrating bunker busters, they will want cannot penetrate deeply enough to I will represent to our colleagues that to do them. fully contain the nuclear explosion; it this language will be forthcoming and Our job, it seems to me, is to say the would necessarily produce an intense a part of this bill. only success we will be able to claim in and deadly radioactive fallout. Thus, it Mr. REID. Reserving the right to ob- the future is that we prevented the is not technically possible to use nu- ject, that doesn’t mean we are going to spread of nuclear weapons and pre- clear weapons to destroy deeply buried have two votes, or does it? vented their use and, over a long period targets without at the same time caus- Mr. WARNER. I have indicated to the of time, began to reduce the number of ing significant radioactive contamina- ranking member that this language, I nuclear weapons. tion and collateral damage if used in think, could be voice-voted because I Thirty thousand nuclear weapons an urban area.’’ think there is consensus on both sides exist on this earth. The detonation of Another argument pushed by those in in an effort to make parallel and to put one will represent the greatest calam- favor of these nuclear weapons is that the Congress clearly into play. ity, or potentially represent the great- they would be useful in destroying Mr. REID. Madam President, it is est calamity in the history of the stockpiles of biological and chemical also my understanding that Senator world. The detonation of one relatively weapons. LAUTENBERG would be willing to offer small nuclear weapon in the middle of While a nuclear weapon could, in an amendment following the statement a major American city could likely fact, incinerate biological and chem- of the Senator from West Virginia. He cause hundreds of thousands of deaths. ical weapons if the nuclear blast is also indicated he would agree to a time This is a big issue. This is very im- nearby, it is unlikely that we will ever limit. portant. I think people walking around have perfect intelligence about the lo- Mr. WARNER. We are prepared to this town talking about usable nuclear cation of these weapons. Our continued enter into that now. weapons, beginning to test nuclear inability to find weapons of mass de- Mr. REID. I haven’t had a chance to weapons once again, building new destruction in Iraq is a perfect illustra- talk about the time with him. I just signer nuclear weapons, is a terrible tion. wanted to alert people of that. Shortly mistake. It is sending a signal to the

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.026 S21PT1 S6804 CONGRESSIONAL RECORD — SENATE May 21, 2003 rest of the world that nuclear weapons Mr. WARNER. I move to table the If I could just be heard briefly? We are like other weapons. They are not. amendment. have several people on our side who They are not like other weapons. The The PRESIDING OFFICER. The want to offer amendments. I hope those only value of a nuclear weapon for us question is on agreeing to the motion. people who want to offer amendments has been as a deterrent to prevent oth- The clerk will call the roll. would contact the two managers of the ers from using them. Mr. REID. I announce that the Sen- bill. We are running out of names of We must, it seems to me, from this ator from North Carolina (Mr. ED- people to offer amendments. Both lead- day forward, with the world populated WARDS), the Senator from Florida (Mr. ers have indicated they want to com- by 30,000 nuclear weapons, find a way GRAHAM), and the Senator from Massa- plete this bill as quickly as possible. to keep them out of the hands of the chusetts (Mr. KERRY) are necessarily We are not going to be able to work wrong people, to stop the proliferation, absent. late into the night tonight. and to begin to reduce their number. I further announce that, if present Mr. WARNER. Madam President, if I That ultimately represents our secu- and voting, the Senator from Massa- could bring some new information on rity. That is the way to defend this chusetts (Mr. KERRY) would vote that subject? The majority leader had country: to stop the spread of nuclear ‘‘nay’’. a conversation with me just a minute weapons, not to build more. The PRESIDING OFFICER. Are there ago. I have not had a chance to share I suspect we will see on this amend- any other Senators in the Chamber de- it. ment, as we have on the previous siring to vote? I intend to stay here, as will other amendments, that I will come up short The result was announced—yeas 56, Members on my side, tonight. The ma- on the vote. I regret that very much. I nays 41, as follows: jority leader is open to having votes, if so strongly believe this country is [Rollcall Vote No. 189 Leg.] necessary, at about 9:30 tonight. sending a terrible signal to the rest of YEAS—56 Mr. REID. Madam President, this is an excuse so he doesn’t have to go to the world—Russia, China, Pakistan, Alexander Dole Miller India, you name it. I think this is a Allard Domenici Murkowski this dinner. dreadful mistake. It does not strength- Allen Ensign Nelson (FL) Mr. WARNER. As we say in the law, en this country. In my judgment, it Bayh Enzi Nelson (NE) I plead nolo contendere. Bennett Fitzgerald makes this country more vulnerable in Nickles Mr. LEVIN. What dinner would we Bond Frist Roberts the long term. Breaux Graham (SC) also be missing? Santorum Mr. REID. We are not invited. Let me finish as I started. I have Brownback Grassley Sessions Bunning Gregg Shelby Mr. LEVIN. We are not invited. been the strongest supporter of this Burns Hagel Smith Mr. REID. I would say then there is a country’s system of defense. I voted for Campbell Hatch Snowe possibility we could complete this leg- the Defense bills. I worked on weapons Chambliss Hutchison Specter islation tonight. systems. I think this country needs a Cochran Inhofe Coleman Kyl Stevens Mr. WARNER. If we get the coopera- robust, strong defense. I have always Collins Lieberman Sununu tion and Senators call—we are right felt that way. I come from a State with Cornyn Lott Talent here on the floor—and indicate that two military airbases and the best Air Craig Lugar Thomas you desire to have an amendment, we National Guard in the country. I un- Crapo McCain Voinovich DeWine McConnell Warner will see if we can accept it. If we can- derstand B–52s, KC–135 tankers, and NAYS—41 not, we will proceed to put it in line. Minuteman missiles. I say to the leadership that we are Akaka Dodd Leahy I support a strong, robust defense. going to hear from the distinguished Nuclear weapons are different. They Baucus Dorgan Levin Biden Durbin Lincoln senior Senator from West Virginia. are different. They threaten the very Bingaman Feingold Mikulski Following that, I know of one amend- existence of the world as we know it, Boxer Feinstein Murray ment on this side by Senator and that is why it must be dealt with Byrd Harkin Pryor HUTCHISON, the Senator from Texas. differently. That is why I offer this Cantwell Hollings Reed Carper Inouye Reid And we have the amendment by the amendment. Chafee Jeffords Rockefeller Senator from New Jersey. Clinton Johnson Madam President, I yield the floor. Sarbanes Conrad Kennedy Is that my understanding? The PRESIDING OFFICER. The Sen- Schumer Corzine Kohl Mr. LEVIN. That is correct. ator from Virginia. Daschle Landrieu Stabenow Mr. WARNER. Could we put those in Wyden Mr. WARNER. Madam President, I Dayton Lautenberg order now, but maybe not lock them suggest the absence of a quorum. NOT VOTING—3 in? The PRESIDING OFFICER. Without Edwards Graham (FL) Kerry Mr. REID. That would be good, if objection, the clerk will call the roll. Senator HUTCHISON could go first be- The motion was agreed to. The assistant legislative clerk pro- fore Senator LAUTENBERG. ceeded to call the roll. Mr. WARNER. Madam President, we Mr. WARNER. I think I can make Mr. WARNER. Mr. President, I ask will consult with the proponent of the those arrangements. unanimous consent that the order for underlying amendment. But for the Mr. REID. How long will she take? the quorum call be rescinded. moment, the Senate has tabled this Mr. WARNER. Fifteen minutes, or The PRESIDING OFFICER. Without matter. less. We may be able to accept it with- objection, it is so ordered. It is my hope we could proceed to the out requiring a vote. Mr. WARNER. Madam President, I Nelson amendments. I thank our dis- Mr. REID. Senator LAUTENBERG move to table the Dorgan amendment tinguished colleague from Florida for would be 1:45, and he will take one-half and ask for the yeas and nays. his cooperation. We can do both by hour. He probably will not use the The PRESIDING OFFICER. That mo- voice vote, it is my hope. whole one-half hour. I would be happy tion is not in order while time remains On the one amendment, I would like to ask unanimous consent that Senator for debate. to be associated with you because I HUTCHISON from Texas be allowed to Mr. WARNER. I yield back the time represented throughout the vote, to my offer her amendment, followed by the on our side. It is my understanding side, that the language be incor- Senator from New Jersey. they will be yielding back time on porated. I yield the floor. Mr. WARNER. I am agreeable to that their side. The PRESIDING OFFICER. At this unanimous consent request. Mr. DORGAN. Madam President, I time there is a previous order to recog- The PRESIDING OFFICER. Is there yield back the remainder of my time. nize the Senator from West Virginia. objection? Mr. WARNER. All time having been The Senator from Nevada. Mr. HARKIN. If the Senator will yielded back, I ask for the yeas and Mr. REID. Madam President, we have yield, I have an amendment on which I nays. spoken to the Senator from West Vir- will not take much time, if I could just The PRESIDING OFFICER. Is there a ginia. He has no objection to the two have 15 minutes. I do not know if it sufficient second? managers of the bill disposing of the will be accepted or not. I ask for 15 There is a sufficient second. two Nelson amendments. minutes.

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.037 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6805 Mr. WARNER. How soon would the metry to the bill by our action earlier authorizes that action. It is a signifi- Senator be willing to share the text of this morning. Senator WARNER had an cant improvement of the bill. the amendment with the managers? amendment agreed to which said the Mr. WARNER. Madam President, the Mr. HARKIN. Right now. Congress should authorize the produc- modesty of my distinguished colleague Mr. LEVIN. Will the Senator be able tion of a low-yield nuclear weapon. In sometimes is overwhelming. The con- to go immediately after the disposition other words, the Congress was going to cept of this language which he de- of the Lautenberg amendment, which have to step in if we were going to scribed and written in the King’s would be about 2 o’clock, or 1:30 or 2? make a major step in the production of English originated with him in the Mr. HARKIN. Yes. Around 1:30. Yes, I a new nuclear weapon from our present course of the markup of our bill. I then can do that. policy of years standing and of not pro- plagiarized it for the purpose of earlier Mr. LEVIN. It may be later than 2. ducing any new kinds of nuclear weap- legislation. I don’t know whether the Mr. REID. He is not going to start ons. That was agreed to earlier with re- Senator from Florida has plagiarized until quarter to 2. gard to a low-yield nuclear weapon it. But we owe him a great debt. I am Mr. LEVIN. It would be about 2:30 or under the philosophy recognizing that so glad we had the early discussion quarter to 3. Would the Senator from the United States is trying to keep pro- today about the clarity of certain stat- Iowa be able to do it in that time pe- liferation of nuclear weapons down, utes and that the Senator recognized riod? and that once you start letting that this one speaks with great clarity. Mr. HARKIN. I will make time to do nuclear genie out of the bottle, it is That is why it prevailed on our side. it. very hard to reverse. That was the the- I urge its adoption. Mr. WARNER. We thank the Senator ory upon which the earlier amendment Mr. LEVIN. I thank the Senator for from Iowa for that cooperation be- was agreed to. his generosity. His mind works ex- cause, frankly, we don’t know of many So, too, the amendment I sent to the tremely clearly and extremely quickly. more amendments. We are nearing the desk, cosponsored by the two leaders of However, the good Senator from Flor- end. our committee, will require the Con- ida deserves much of the credit because Mr. REID. Following Senator LAU- gress to authorize any production of a he has been taking the lead in a whole TENBERG, could I modify my request for robust nuclear earth penetrator. A nu- lot of these areas. I thank both of him to be next in order? clear weapon would have to be modi- them. Mr. WARNER. There is no objection fied to go into this new robust earth The PRESIDING OFFICER (Mr. on this side. penetrator. That is a decision reserved CHAMBLISS). Is there further debate? If The PRESIDING OFFICER. Without to the Congress and its authorization not, the question is on agreeing to the objection, it is so ordered. for such a weapon to go from the re- amendment. Mr. WARNER. I appreciate the pa- search stage to the production stage. The amendment (No. 766) was agreed. tience of the Senator from Florida. I urge adoption of the amendment. Mr. WARNER. Mr. President, I move The PRESIDING OFFICER. The Sen- Mr. WARNER. Madam President, I to reconsider the vote. ator from Florida. join in this amendment. It had been my Mr. LEVIN. I move to lay that mo- Mr. NELSON of Florida. Madam intention to add the second-degree tion on the table. President, I thank the two leaders of amendment to the amendment we just The motion to lay on the table was our committee who have been so ac- voted on. I so indicated to my col- agreed to. commodating and so gracious to work leagues on this side, recognizing I The PRESIDING OFFICER. The Sen- this out. think it is a benefit for the amendment ator from Florida. AMENDMENT NO. 766 to originate by our distinguished col- AMENDMENT NO. 767 Mr. NELSON of Florida. Madam league and member of the committee Mr. NELSON of Florida. Mr. Presi- President, I send an amendment to the from Florida on this side of the aisle. dent, I send an amendment to the desk. desk. This makes ‘‘parallel’’ almost to the The PRESIDING OFFICER. The The PRESIDING OFFICER. The exact word treatment of both of these clerk will report. clerk will report. initiatives with regard to nuclear The assistant legislative clerk read The assistant legislative clerk read weapons in the current 2004 authoriza- as follows: as follows: tion bill. I commend the Senator. I urge its The Senator from Florida [Mr. NELSON], The Senator from Florida [Mr. NELSON], for himself and Mr. WARNER, and Mr. LEVIN, adoption. proposes an amendment numbered 767. for himself and Mr. WARNER, and Mr. LEVIN, The PRESIDING OFFICER. The Sen- proposes an amendment numbered 766. ator from Michigan. Mr. NELSON of Florida. Mr. Presi- Mr. NELSON of Florida. Madam Mr. LEVIN. Madam President, I very dent, I ask unanimous consent that President, I ask unanimous consent much support this effort on the part of reading of the amendment be dispensed that reading of the amendment be dis- the Senator from Florida. It is a very with. pensed with. precise, straightforward, and short The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without amendment. The language has great objection, it is so ordered. objection, it is so ordered. meaning. The Secretary of Energy is The amendment is as follows: The amendment is as follows: not allowed, under this language, to (Purpose: To require a study on the applica- (Purpose: To require a specific authorization commence the engineering develop- tion of technology from the Robust Nu- of Congress for the commencement of the ment phase of a robust nuclear earth clear Earth Penetrator Program to conventional hard and deeply buried target weap- engineering development phase or subse- penetrator without specific authority quent phase of a Robust Nuclear Earth ons development programs) of the Congress. Each word has mean- Penetrator) At the appropriate place in Title XXXI in ing. There are not a lot of words in this At the end of subtitle B of title XXXI, add the bill add the following new section: amendment. It is one of the shortest the following: SEC.— amendments we have seen around here. SEC. 3135. REQUIREMENT FOR SPECIFIC AU- (a) FINDINGS.—Much of the work that will THORIZATION OF CONGRESS FOR But every single word in that amend- be carried out by the Secretary of Energy in COMMENCEMENT OF ENGINEERING ment has meaning. the feasibility study for the Robust Nuclear DEVELOPMENT PHASE OR SUBSE- I thank not just my good friend from Earth Penetrator will have applicability to a QUENT PHASE OF ROBUST NUCLEAR Florida but also the Senator from Vir- nuclear or a conventional earth penetrator, EARTH PENETRATOR. but the Department of Energy does not have The Secretary of Energy may not com- ginia because they have really made a responsibility for development of conven- mence the engineering development phase constructive contribution to this en- tional earth penetrator or other conven- (phase 6.3) of the nuclear weapons develop- tire debate by supporting this ap- tional programs for hard and deeply buried ment process, or any subsequent phase, of a proach. It is not as strong as some of us targets. Robust Nuclear Earth Penetrator weapon would have liked, but it nonetheless is (b) PLAN.—The Secretary of Energy and unless specifically authorized by Congress. very clear and very specific and says the Secretary of Defense shall develop, sub- Mr. NELSON of Florida. Madam you may not proceed to engineering de- mit to Congress three months after the date President, this amendment brings sym- velopment unless Congress specifically of enactment of this act, and implement, a

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.040 S21PT1 S6806 CONGRESSIONAL RECORD — SENATE May 21, 2003 plan to coordinate the Robust Nuclear Earth NER and Mr. LEVIN, for the very profes- heavy dose of overstatement con- Penetrator feasibility study at the Depart- sional, highly dignified manner in cerning Saddam Hussein’s direct threat ment of Energy with the ongoing conven- which they have conducted their work to our freedoms. The tactic was guar- tional hard and deeply buried weapons devel- on this bill. I thank them for the many anteed to provoke a sure reaction from opment programs at the Department of De- fense. This plan shall ensure that over the hours they spend in the committee, a nation still suffering from a combina- course of the feasibility study for the Robust which they so ably chair and act with- tion of post traumatic stress and jus- Nuclear Earth Penetrator the ongoing rein as ranking member. tifiable anger after the attacks of 9/11. sults of the work of the DOE, with applica- Mr. WARNER. Mr. President, could I It was the exploitation of fear. It was a tion to the DOD programs, is shared with just say, I appreciate the expression of placebo for the anger. and integrated into the DOD programs. those remarks by our senior colleague. Since the war’s end, every subse- Mr. NELSON of Florida. Mr. Presi- Senator LEVIN and I are in our 25th quent revelation which has seemed to dent, basically we have in the author- year—that is a quarter of a century—in refute the previous dire claims of the ization bill the ability to conduct this the Senate. Throughout that period of Bush administration has been brushed study that has been ongoing for the time, the Senator from West Virginia aside. Instead of addressing the con- last year and a half about the robust has been a tutor, and we have learned tradictory evidence, the White House nuclear earth penetrator. There is a much. To the extent we may have pro- deftly changes the subject. No weapons certain sum of money in the under- gressed in our learnings, it is owing in of mass destruction have yet turned lying bill that allows the conduct of part to his teachings. I thank the dis- up, but we are told that they will in that study to continue. tinguished Senator from West Virginia. time. And perhaps they yet will. But, What we raised in the committee was Mr. BYRD. Mr. President, I am deep- our costly and destructive bunker bust- the fact that a robust earth penetrator ly grateful for those unmerited and ing attack on Iraq seems to have prov- may well be in the interest of the highly charitable remarks from the en, in the main, precisely the opposite United States, that it contain a con- distinguished Senator from Virginia. of what we were told was the urgent ventional weapon as opposed to a nu- Mr. LEVIN. Mr. President, I hate to reason to go in. It seems also to have, clear weapon. So the attempt of this interrupt our dear friend and mentor for the present, verified the assertions amendment is to clarify that the re- from West Virginia but I must do so of Hans Blix and the inspection team search that will be conducted by the just to tell him that those remarks of that he led, which President Bush and Department of Energy, with regard to our dear friend from Virginia were company so derided. As Blix always the modification of a nuclear weapon merited, indeed. said, a lot of time will be needed to find that would go in the earth penetrator, Mr. BYRD. Mr. President, I thank such weapons, if they do, indeed, exist. that the research will be coordinated the distinguished Senator from Michi- Meanwhile bin Laden is still on the with the Department of Defense in gan. loose out there somewhere and Saddam their conduct and research of an earth IRAQ Hussein has come up missing. penetrator that includes a conven- Mr. President: The administration assured the U.S. tional weapon. Truth, crushed to earth, shall rise again, I urge adoption of the amendment, public and the world, over and over and The eternal years of God are hers; over again, that an attack was nec- Mr. President. But Error, wounded, writhes in pain, The PRESIDING OFFICER. Is there And dies among his worshippers.’’ essary to protect our people and the further debate? Truth has a way of asserting itself world from terrorism. It assiduously Mr. WARNER. Mr. President, I wish despite all attempts to obscure it. Dis- worked to alarm the public and to blur to endorse the amendment because it tortion only serves to derail it for a the faces of Saddam Hussein and has a very sound predicate, a very time. No matter to what lengths we Osama bin Laden until they virtually sound philosophy; namely, that we humans may go to obfuscate facts or became one. should do everything possible to chan- delude our fellows, truth has a way of What has become painfully clear in nel all of our scientific efforts toward squeezing out through the cracks, the aftermath of war is that Iraq was not using a nuclear weapon, and this eventually. no immediate threat to the United does just that. But the danger is that at some point States, and many of us here said so be- The PRESIDING OFFICER. The Sen- it may no longer matter. The danger is fore the war. Ravaged by years of sanc- ator from Michigan. that damage is done before the truth is tions, Iraq did not even lift an airplane Mr. LEVIN. Mr. President, I very widely recognized and realized. The re- against us. Saddam Hussein could not much support the amendment for the ality is that, sometimes, it is easier to even get an airplane off the ground. reasons given by the Senator from Vir- ignore uncomfortable facts and go Iraq’s threatening death-dealing fleet ginia. I commend our good friend from along with whatever distortion is cur- of unmanned drones about which we Florida for his initiative. rently in vogue. We see a lot of this heard so much morphed into one proto- The PRESIDING OFFICER. Is there today in politics. I see a lot of it— type made of plywood and string. Their any further debate? more than I ever would have believed— missiles proved to be outdated and of There being none, the question is on right on this Senate floor. limited range. Their army was quickly agreeing to the amendment. Regarding the situation in Iraq, it overwhelmed by our technology and The amendment (No. 767) was agreed appears to this Senator that the Amer- our well trained troops. to. Presently our loyal military per- Mr. LEVIN. I move to reconsider the ican people may have been lured into sonnel continue their mission of dili- vote. accepting the unprovoked invasion of a Mr. WARNER. I move to lay that mo- sovereign nation, in violation of long- gently searching for weapons of mass tion on the table. standing international law, under false destruction. They have so far turned up The motion to lay on the table was premises. only fertilizer, vacuum cleaners, con- agreed to. There is ample evidence that the hor- ventional weapons, and the occasional Mr. WARNER. Mr. President, we rific events of September 11 have been buried swimming pool. They are mis- thank our colleague from West Vir- carefully manipulated to switch public used on such a mission and they con- ginia. He has shown us the usual sen- focus from Osama bin Laden and al- tinue to be at grave risk. I am talking atorial courtesy to allow the managers Qaida who masterminded the Sep- about the sons and daughters of the to move timely amendments. tember 11 attacks, to Saddam Hussein American people. The Bush team’s ex- The distinguished Senator from West who did not. The run up to our invasion tensive hype of WMD in Iraq as jus- Virginia is recognized now for a period of Iraq featured the President and tification for a preemptive invasion of 20 minutes. I thank him very much. members of his Cabinet invoking every has become more than embarrassing. It The PRESIDING OFFICER (Mr. frightening image that they could con- has raised serious questions about pre- COLEMAN). The Senator from West Vir- jure, from mushroom clouds, to buried varication and the reckless use of ginia. caches of germ warfare, to drones power. Were our troops needlessly put Mr. BYRD. Mr. President, I thank poised to deliver germ laden death in at risk? Were countless Iraqi civil- the two managers of the bill, Mr. WAR- our major cities. We were treated to a ians—women, children—killed and

VerDate Jan 31 2003 04:20 May 22, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.009 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6807 maimed when war was not really nec- the terrorists, we have given them new straight answer. How will we afford essary? Was the American public delib- fuel for their fury. We did not complete this long-term, massive commitment, erately misled? Was the world? our mission in Afghanistan because we fight terrorism at home, address the What makes me cringe even more is were so eager to attack Iraq. Now it serious crisis in domestic health care, the continued claim that we are ‘‘lib- appears that al-Qaida is back with a afford behemoth military spending, and erators.’’ Vice President CHENEY, 3 vengeance. We have returned to orange give away billions in tax cuts amidst a days before the war, said we will be alert in the U.S., and we may well have deficit which has climbed to over $340 welcomed as liberators. The facts don’t destabilized the Mideast region, a re- billion for this year alone? If the Presi- seem to support the label we have so gion we have never fully understood. dent’s tax cut passes, it will be $400 bil- euphemistically attached to ourselves. We have alienated friends around the lion. We cower in the shadows while True, we have unseated a brutal, des- globe with our dissembling and our false statements proliferate. We accept picable despot, but ‘‘liberation’’ im- haughty insistence on punishing soft answers and shaky explanations plies the followup of freedom, self-de- former friends who may not see things because to demand the truth is hard, or termination and a better life for the quite our way. The path of diplomacy unpopular, or may be politically cost- common people of the invaded country. and reason have gone out the window ly. In fact, if the situation in Iraq is the to be replaced by force, unilateralism, But I contend that, through it all, result of ‘‘liberation,’’ we may have set and punishment for transgressions. I the people know. The American people, the cause of freedom back 200 years. read most recently with amazement unfortunately, are used to political Despite our high-blown claims of a our harsh castigation of Turkey, our shading, political spin, and the usual better life for the Iraqi people, water is longtime friend and strategic ally. It is chicanery they hear from public offi- scarce, and often foul; electricity is a astonishing that our Government is be- cials. They patiently tolerate it up to a sometime thing; food is in short sup- rating the new Turkish government for point. But there is a line. It may seem ply; hospitals are stacked with the conducting its affairs in accordance to be drawn in invisible ink for a time, wounded and maimed. Historic treas- with its own Constitution and its but eventually it will appear in dark ures of the region and of the Iraqi peo- democratic institutions. colors tinged with anger. When it ple have been looted, and nuclear ma- Indeed, we may have sparked a new comes to shedding American blood, and terial may have been disseminated to international arms race as countries when it comes to wreaking havoc on ci- heaven knows where, while U.S. troops, move ahead to develop WMD as a last vilians, on innocent women, men, and on orders, looked on and guarded the ditch attempt to ward off a possible children, callous dissembling is not ac- oil supply. That is what they were told preemptive strike from a newly bellig- ceptable. Nothing is worth that kind of to do. erent U.S. bully which claims the right lie—not oil, not revenge, not reelec- Meanwhile, lucrative contracts to re- to hit where and when it wants. In fact, tion, not somebody’s grand pipe dream build Iraq’s infrastructure and refur- there is little to constrain this Presi- of a democratic domino theory. bish its oil industry are awarded to ad- dent. This Congress, in what will go Mark my words, the calculated in- ministration cronies, without benefit down in history as its most unfortu- timidation which we see so often of of competitive bidding, and the United nate and spineless and thoughtless act, late by the ‘‘powers that be’’ will only States steadfastly resists offers of U.N. gave away its power to declare war for keep the loyal opposition quiet for just assistance to participate. Is there any the foreseeable future and empowered so long because, eventually, like it al- wonder that the real motives of the this President to wage war at will, and ways does, the truth will emerge. And U.S. Government are the subject of not only this President, but also future when it does, this house of cards, built worldwide speculation and mistrust? Presidents. of deceit, will fall! And in what may be the most dam- The amendment that I offered to sun- I yield the floor. aging development, the U.S. appears to set this nefarious handover of power The PRESIDING OFFICER. The Sen- be pushing off Iraq’s clamor for self- was rejected by the Senate and gar- ator from Texas is recognized. government. Jay Garner has been sum- nered only 31 votes. I was amazed, and Mrs. HUTCHISON. Mr. President, I marily replaced, and it is becoming all I am still amazed, that this Senate commend my colleagues who serve on too clear that the smiling face of the would reject an amendment to sunset a the Senate Armed Services Committee U.S. as liberator is quickly assuming thoughtless, nefarious, spineless act on and their staffs for the superb work the scowl of an occupier. The image of the part of this same Senate to hand done on the bill before us today. The the boot on the throat has replaced the over this power to declare war to this bill comes to the floor of the Senate at beckoning hand of freedom. Chaos and President. I cannot believe that the an important time in our Nation’s his- rioting only exacerbate that image, as Senate did that. Even now, I cannot be- tory. We have been at war for the past U.S. soldiers try to sustain order in a lieve it. It is abhorrent that the Senate 20 months, ever since the devastating land ravaged by poverty and disease. would have rejected the sunset provi- attacks on September 11, 2001 brought ‘‘Regime change’’ in Iraq has so far sion. So, as it is, there is no sunset. the violence of terrorism to our own meant anarchy, curbed only by an oc- That power goes on after this Presi- country. We have come far since then, cupying military force and a U.S. ad- dent. The next President will have the but we have much farther to go. ministrative presence that is evasive same power, unless Congress steps in Our first goal in the war on terrorism about if and when it intends to depart. and changes the law. Of course, a Presi- was to topple the brutal Taliban re- Democracy and freedom cannot be dent can veto a change in the law and gime in Afghanistan, to destroy the force fed at the point of an occupier’s that veto, as students of the Constitu- camps where the al-Qaida terrorists gun. To think otherwise is folly. One tion will know, will require a two- who attacked us trained. We have done has to stop and ponder. How could we thirds vote to override. It is hard to be- that. Our Nation’s military, the finest have been so impossibly naive? How lieve that grown, sensible men and in the world, successfully led that could we expect to easily plant a clone women would reject that sunset provi- charge. of U.S. culture, values, and government sion—to say nothing of having voted to Today we see in Afghanistan the be- in a country so riven with religious, shift this power over to any President, ginnings of a democracy. We will con- territorial, and tribal rivalries, so sus- whether he is a Democrat or Repub- tinue to help in the future to make picious of U.S. motives, and so at odds lican. sure that order is kept in Afghanistan with the galloping materialism which As if that were not bad enough, mem- and that it will be a part of the flour- drives the western-style economies? bers of Congress are reluctant to ask ishing world community. As so many warned this administra- questions which are begging to be Our second goal was to disarm the tion before it launched its misguided asked. How long will we occupy Iraq? dangerous regime of Saddam Hussein war on Iraq, there is evidence that our We have already heard disputes on the in Iraq before he could surface and use crackdown in Iraq is likely to convince numbers of troops that will be needed weapons of mass destruction once more 1,000 new bin Ladens to plan other hor- to retain order. What is the truth? How against innocent civilians. We have rors of the type we have seen in the costly will the occupation and the re- done that. Again, our brave men and past several days. Instead of damaging construction be? No one has given a women in uniform successfully

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.047 S21PT1 S6808 CONGRESSIONAL RECORD — SENATE May 21, 2003 achieved that important goal in an as- This is a bill I introduced with Sen- stationed at the Yongsan Army Garri- tounding 3 weeks. It was a charge that ator DIANNE FEINSTEIN of California. I son which was built by the colonial was lightning fast in its speed and am the chairman of the Military Con- Japanese Army before World War II. thunderous in its conclusion. Now we struction Subcommittee of the Appro- In Grafenwoehr, Germany, our troops are working with other nations and priations Committee. Senator FEIN- train on tank and artillery ranges used world bodies to guide the Iraqi people STEIN is the ranking member. In look- by the Bavarian Army over 100 years toward stability. In our quest to un- ing at military construction, as we ago. The army has poured hundreds of earth Saddam Hussein’s weapons of have, and the issues facing us with millions of dollars into the complex in mass destruction, we are digging up military construction for American the past decade, even though the best mass graves of thousands of innocent bases versus foreign bases, it occurred training area consists of 18,000 acres of people whom Saddam Hussein put to to us that the Department of Defense is land, a postage stamp compared to the death for opposing him. in a huge transition now, trying to as- 400,000 acres of maneuver area and Mr. President, we may not have sess the threats we have and the dif- ranges available at the National Train- found the weapons of mass destruction ferent kinds of threats we have been ing Center in California, or the more yet, but we have found horrifying mass seeing since 9/11, and we have not kept than 1 million acres at Fort Bliss’s graves that show the world the grim up in military construction requests. MacGregor Range on the Texas-New importance of our success in Operation As we have seen in Afghanistan and Mexico border. Iraqi Freedom. Iraq, the cold war concept guiding the Further complicating matters, the The bill before us provides our brave overseas basing for the U.S. military is Defense Department is preparing for soldiers, sailors, airmen, marines, and obsolete. Yet the number, structure, another round of domestic base clo- their families with the important tools and scope of our overseas bases is still sures in 2005. As we scrutinize stateside they need to continue the vital work largely alive with the threat of Soviet military installations, we must take a they are doing. aggression. The process of when, how, look at our worldwide structures as Whether they are active duty or re- and why we base troops abroad is in well. servists or members of the National need of a thorough examination to as- To make sure we get the answers to Guard, they are the ones who must sure that our basing structure is ade- these questions right, our bipartisan continue the global fight against ter- legislation that Senator FEINSTEIN and quate for the new security environ- rorism and against nations ruled by I introduced and is included in this bill ment. This legislation will assess every despots who develop or possess weapons would create a congressional commis- overseas installation. of mass destruction. During the cold war, our primary sion to take an objective and thorough I commend my colleagues for author- military mission was to defend our Na- look at our overseas basing structure. izing a military pay raise in this bill The commission will consider cri- tion and our allies from the symmetric that provides a 3.7-percent across-the- teria to determine whether our bases Soviet threat of aggression, and ‘‘boots board increase and for an additional are prepared to meet our needs in the on the ground’’ in Europe and Asia al- raise targeted for experienced 21st century. It will be comprised of na- lowed us to do that. Even though the midcareer personnel, ranging from 5.25 tional security and foreign affairs ex- to 6.25 percent. cold war has been over for a decade, perts who will provide a comprehensive I commend the committee for estab- our Nation still has 112,000 troops in analysis of our worldwide base and lishing incentive pay in the amount of Europe, 37,000 in Korea, and 45,000 in force structure to the 2005 domestic $100 per month for service members Japan, largely in installations de- Base Realignment and Closure Com- who are serving in the Republic of signed, devised, and intended for the mission. Korea. One need look no further than threats of an earlier era. We certainly want to work with the the news headlines on any given day to Training constraints are evident on Pentagon. This is a timely review. appreciate the stability our presence many of these bases. The threats we Some in the Pentagon have suggested has on the Korean peninsula to keep in face today are asymmetrical. They are that the 2005 BRAC could result in the check the totalitarian regime in North terrorist groups or rogue states gaining closure of one in every four domestic Korea. weapons of mass destruction. Events of bases. But if we are going to reduce our I am also glad to see this bill in- the past decade, especially since 9/11, presence overseas, we will certainly crease family separation pay from $100 have taught us that we not only need need stateside bases to station return- to $225 per month and increased pay for to maintain a military presence ing troops. imminent danger or hostile fire from abroad, but we need to be in a position It is senseless to close bases in the $150 to $225 per month. This is not to support contingencies where we United States only to later realize we enough, and anyone listening or who have no permanent bases, such as made a costly and irrevocable mistake, will read this will say it is not enough. Kosovo, Afghanistan, Africa, and a painful lesson we learned in the last It is not. But it is one more thing we throughout the Middle East. rounds of closures. can do to show people who are making In the final analysis, we may need Our national security strategy is these sacrifices that we want to com- more troops overseas, not fewer, but shifting to take on the new threats fac- pensate them in every way we possibly clearly the needs are different than ing our Nation. The position of U.S. can for a debt we know we will never they once were, and it is critical that troops around the globe must reflect really be able to repay. the United States move beyond the that thinking. I was also pleased the committee cold war basing concepts. This is not I appreciate what the committee did agreed to continue the development of simply a matter of security, although in including this legislation that Sen- the Joint Strike Fighter aircraft in the that is a sufficient concern, but also of ator FEINSTEIN and I introduced. It will amount of $4.4 billion. There is no assuring that taxpayers’ dollars are be a major component of a future question the Joint Strike Fighter is well and wisely spent. BRAC, and I hope a major part of the the fighter of the future, and it will The Defense Department has re- thinking at the Pentagon about what keep America preeminent in defenses quested as of right now $174 million for our threats are and where we need for whenever we may need them in Korea and $284 million for Germany for troops to be able to address those whatever place and in whatever way. new military construction next year. threats. I also thank my colleagues on the That is a large bill for a model in tran- AMENDMENT NO. 763 committee for including the Bipartisan sition. In South Korea, our soldiers Mrs. HUTCHISON. Mr. President, I Commission on the Review of the Over- often serve on the same patches of have an amendment at the desk, No. seas Military Structure of the United ground U.S. troops occupied when the 763, and I ask for its immediate consid- States. That is a long way of saying Korean war ended in 1953. eration. that we are going to look at foreign Today, these training areas are inad- The PRESIDING OFFICER. The bases, as well as American bases, as we equate to accommodate the extended clerk will report. are making the transition for our De- reach of our weapons and the rapid The legislative clerk read as follows: partment of Defense into the security pace of modern maneuver warfare. In The Senator from Texas [Mrs. HUTCHISON] assessment that we face today. fact, more than 7,000 U.S. troops are proposes an amendment numbered 763.

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.049 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6809 Mrs. HUTCHISON. Mr. President, I port services provided to the depend- Michigan in this area, I can assume we ask unanimous consent that the read- ents of National Guard and other Re- will work together to strengthen the ing of the amendment be dispensed serve components of the Armed Forces concepts in the report. with. who are called to active duty. Mrs. HUTCHISON. I thank the chair- The PRESIDING OFFICER. Without This amendment requires the Sec- man very much for that comment. I objection, it is so ordered. retary to address the extent to which think the Senator is right. People do The amendment is as follows: interservice cooperative agreements not realize that the makeup of our (Purpose: To add availability of family sup- are in place to support dependents of Armed Forces is much different today port services to the matters required to be mobilized members, regardless of the demographically than it was in the included in the report on the conduct of member’s service or if they are a mem- past. There are more families. There Operation Iraqi Freedom in section 1023) ber of the National Guard or Reserve, are two-service families, and it used to On page 273, between lines 17 and 18, insert and to outline what additional out- be mostly single people. So we have the following: (P) The results of a study, carried out by reach programs should be established had to make accommodations which I the Secretary of Defense, regarding the to support dependents in the region of think the distinguished chairman and availability of family support services pro- an existing military base or post. ranking member and the committee vided to the dependents of members of the It also asks the Department of De- have done in many areas, such as in National Guard and other reserve compo- fense to identify additional resources health care. We did not have to have nents of the Armed Forces who are called or necessary to ensure that adequate fam- pediatricians as a reliable component ordered to active duty (hereinafter in this ily support services are available to de- of health care in the military so much subparagraph referred to as ‘‘mobilized mem- pendents of mobilized members at the in the past as we do now, or OB/GYN, bers’’), including, at a minimum, the following matters: nearest military installation to the but those are the issues we must ad- (i) A discussion of the extent to which co- residence of the dependents. dress today. operative agreements are in place or need to Family support access is one key les- I am pleased the Senator is doing so, be entered into to ensure that dependents of son that we are learning from the fre- and I hope we will all work together. mobilized members receive adequate family quent and extended mobilization of Mr. WARNER. Mr. President, I thank support services from within existing family members of the National Guard and our colleague. Back in prehistoric readiness groups at military installations Reserve to help fight our ongoing wars. times when I joined the Marines, on without regard to the members’ armed force We never intended to use our Guard the first day you were issued your rifle or component of an armed force. and Reserve this much. It is important (ii) A discussion of what additional family and the second day they told you if you support services, and what additional family to note that their families also serve were contemplating a wife, you bad support agreements between and among the through their sacrifices and commit- better wait. The Marine Corps would Armed Forces (including the Coast Guard), ment, and approving this amendment issue that, too, at the appropriate are necessary to ensure that adequate family is the least we can do to help them. time. So things have changed. support services are provided to the families I ask for a vote on the amendment, Mrs. HUTCHISON. Things have of mobilized members. but I also want to say that because of changed for sure. (iii) A discussion of what additional re- the constraints put forward about the If the ranking member would also sources are necessary to ensure that ade- relevancy of amendments, I ask the work with, that would be very much quate family support services are available to the dependents of each mobilized member distinguished chairman and ranking appreciated. at the military installation nearest the resi- member if they would work with me in The PRESIDING OFFICER. The Sen- dence of the dependents. conference to give this amendment the ator from Michigan. (iv) The additional outreach programs that direction that it originally had. It is Mr. LEVIN. I commend the Senator should be established between families of now part of a report. It would not cost from Texas for this amendment. I have, mobilized members and the sources of family anything, but it would hopefully even- as recently as last weekend been re- support services at the military installations tually direct the Department of De- minded about the role of families as I in their respective regions. fense to establish these communication joined hundreds of families and family (v) A discussion of the procedures in place members in welcoming home the Na- for providing information on availability of systems so our Guard and Reserve fam- family support services to families of mobi- ilies will have the same access to sup- tional Guardsmen and Reserve officers lized members at the time the members are port services when they are on active from their tour of duty in Iraq. I was in called or ordered to active duty. duty that an active-duty person’s fam- Battle Creek, MI, to receive back the Mrs. HUTCHISON. Mr. President, as I ily would have. 110th Tactical Fighter Wing. The con- have traveled across Texas and visit So I ask for that commitment from tribution of our Guard and Reserve is military bases, I have met with many the distinguished chairman to work more and more relied upon, I agree military members and their families. with me in conference to give that di- with the Senator, to too great an ex- The feedback I have received from the rection and then I will ask for a vote. tent. We have to do something about members and the spouses was that the The PRESIDING OFFICER. The Sen- that. military services provided wonderful ator from Virginia. In the meantime, families are at the family support during the conflict in Mr. WARNER. I say to our distin- center of this effort and we must do Afghanistan and Iraq. guished colleague, I compliment her on more for families. I know the chairman I also heard that some family mem- the need to have more focus on these of our committee will seek to protect bers who were deployed, particularly very important subjects regarding fam- the language we are adding and en- from the National Guard and Reserve, ilies. As I listened, I harkened back to hance it in conference, and I will join need better access to family support re- my days and the composition of the him in that effort. sources at the nearest military base. Armed Forces in World War II and Mrs. HUTCHISON. I thank the Sen- Because many Guard and Reserve per- Korea. Far less than half were family. ator. sonnel do not live where they serve, Today, three-quarters are family. The Mr. WARNER. Mr. President, as so family members do not get to develop Army—and I expect other services but many Members in the past few months, the relationships with the nearest fam- I have certainly heard in the Army— we have experienced moments of joy ily support service, and if it is provided today they call it a family army. As we and moments of sorrow, sorrow in at- by a different military service or com- marched along this road to where, say, tending funerals for those who paid the ponent, than their own, it is a special three-quarters now are hopefully ultimate price in our engagements in hardship. blessed by a strong family background, Afghanistan and Iraq. Members have To work toward ensuring that fami- I guess we have not kept apace with attended those funerals and there we lies of our Guard and Reserve personnel those matters which the Senator has see the family in a way that brings to are adequately served, I have intro- enunciated today. mind the importance of, up until that duced an amendment that requires the So speaking for myself, I certainly moment did we give them the care they Secretary of Defense to include in his indicate that I will work closely with deserved? And are we now giving them report on the conduct of Operation the Senator, and knowing the interest the care they need after the loss of Iraqi Freedom a study of family sup- of my good friend and colleague from their uniformed member?

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.052 S21PT1 S6810 CONGRESSIONAL RECORD — SENATE May 21, 2003 Mrs. HUTCHISON. Mr. President, I ing of the amendment be dispensed State, and local jurisdictions have used say to the distinguished chairman of with. to protect endangered species. When the committee, I think the committee The PRESIDING OFFICER. Without endangered species have no place to went a long way toward exactly the objection, it is so ordered. live, they perish. The bill before the point we are making, and that is we The amendment is as follows: Senate would allow the Defense De- will never be able to repay fully those (Purpose: To modify requirements applicable partment to ignore the Endangered family members who have lost their to the limitation on designation of critical Species Act in favor of using something loved ones. habitat for conservation of protected spe- called the Integrated Natural Re- I have talked to a mother who lost cies under the provision on military readi- sources Management Plan, called her only son, and she had lost her hus- ness and conservation of protected species) INRMP, for threatened and endangered band. She has nothing else left in life. On page 48, beginning on line 16, strike ‘‘if species. INRMPs are not subject to the There are many stories like that. But the Secretary determines that’’ and all that same strong standards as those under the chairman has gone a long way to- follows through page 48, line 20, and insert the following: ‘‘if the Secretary of the Inte- the Endangered Species Act. ward trying to compensate in the only rior determines in writing that— Under this bill, no area could be des- way Congress can, by adding money for ‘‘(1) the management activities identified ignated a critical habitat on DOD prop- support services, adding money for the in the plan will effectively conserve the erty. No matter how threatened the hardships, making sure health care is threatened species and endangered species species, no matter what is found on the better, doing what we can do in Con- within the lands or areas covered by the land, it will not be strongly protected. gress, though we know from our hearts plan; and It is conceivable that the Defense De- we will never repay these people in to- ‘‘(2) the plan provides assurances that ade- partment could make this decision tality. We cannot. We do want them to quate funding will be provided for such man- under that program, even if it is not agement activities. know that with the monetary com- needed, for them to conduct their exer- pensation and the benefits we are giv- Mr. LEVIN. Will the Senator yield cises or their duties. The species have ing, there is a deep respect for what for a unanimous consent agreement to be protected. they have done for our country that which I believe the Senator is inter- My amendment is a reasonable ap- will last throughout eternity. ested in. proach. It adds two protections to rein- Mr. WARNER. Mr. President, I thank Mr. LAUTENBERG. I yield. force the effectiveness of the INRMP our distinguished colleague. She very Mr. WARNER. I ask unanimous con- plans. First, the Secretary of the Inte- much was active in the work of the sent there be a time limitation of 60 rior must determine that the plan committee. In years past, she was on minutes equally divided in the usual would conserve a threatened or endan- the committee. She has not left it in a form with debate on the Lautenburg- gered species, that it has to make sure sense because the Senator gave us the Jeffords amendment No. 722 prior to a we try our best to have that species en- encouragement to put in a number of vote in relation to the amendment, and dure. Second, there must be sufficient these measures. So I thank my col- that no other amendments be in order funding to implement these plans. league. prior to a vote in relation to the By applying this two-part standard, The PRESIDING OFFICER. Is there amendment. DOD could continue to maintain its further debate on the amendment? The PRESIDING OFFICER (Mrs. historical success, balancing conserva- Mr. WARNER. I find that the Senate DOLE). Without objection, it is so or- tion and military readiness. This type is heavily engaged in committee meet- dered. of approach does work. ings and briefings, and if it is agreeable Mr. LAUTENBERG. I thank the man- Only two species have gone extinct to the Senator from Texas, I suggest agers. after being put on the endangered spe- we do a voice vote. Is that acceptable? The amendment is cosponsored by cies list, while over 600 species not on Mrs. HUTCHISON. That would be ac- Senator JEFFORDS. I ask unanimous the list have gone extinct during that ceptable. consent also that Senators AKAKA and time. Mr. WARNER. Would that be accept- LIEBERMAN be added as cosponsors. DOD has 25 million acres of land that able to the Senator from Michigan? The PRESIDING OFFICER. Without are home to 300 federally listed, threat- Mr. LEVIN. Yes. objection, it is so ordered. ened, and endangered species. The De- The PRESIDING OFFICER. The Mr. LAUTENBERG. Madam Presi- partment of Defense has played a cru- question is on agreeing to the dent, this bill would exempt the De- cial role in preventing these species Hutchison amendment No. 763. partment of Defense from respecting from sliding into extinction. It is not The amendment (No. 763) was agreed critical habitat for endangered species suggested anywhere that they want to. on its lands. This provision of the bill these things to happen, but we have a Mr. WARNER. Mr. President, I move is flawed for three reasons. disagreement on what it will take to to reconsider the vote. One, it would severely weaken our Mr. LEVIN. I move to lay that mo- keep the species alive. country’s efforts to protect endangered Camp Pendleton in California is a tion on the table. species. There is a lot of effort that has The motion to lay on the table was good example of how the balance has gone into developing legislation in pro- agreed to. worked on the ground. Of 18 species The PRESIDING OFFICER. The Sen- tecting endangered species. Seeing listed as threatened and endangered on ator from New Jersey. them disappear is a painful recogni- the 125,000 acres, critical habitat has tion. We are now beginning to see spe- AMENDMENT NO. 722 been recommended for only 5 of those cies disappear from our oceans, the At- Mr. LAUTENBERG. Mr. President, I threatened species. Yet using the flexi- lantic Ocean. The newspapers have call up amendment No. 722 which is at bility built into the Endangered Spe- been featuring stories about the dis- the desk. cies Act, the Fish and Wildlife Service I want to be sure we have an under- appearance of species like cod, halibut, decided to restrict less than 1 percent standing as to the time distribution. I and blue marlin. We have to be careful of all potential training areas from use ask the manager of the bill if an agree- because each of these affects the rest of for training exercises. ment has been entered. the ecology. That could be disastrous. In his testimony before the Armed The PRESIDING OFFICER. No unan- Second, this action is simply not nec- Services Committee last March, GEN imous consent exists with respect to essary to maintain our military readi- Nyland, Assistant Commandant for the time. ness. An example is the dispute over Marine Corps, agreed that codifying an The clerk will report. Vieques Island in Puerto Rico, the ter- effectiveness test for the INRMPs The legislative clerk read as follows: ritory off the mainland of Puerto Rico. would provide DOD with greater cer- The Senator from New Jersey [Mr. LAU- Third, it ignores the Defense Depart- tainty in its decisionmaking. That is TENBERG] for himself, Mr. JEFFORDS, Mr. ment’s long record of successfully bal- the purpose of this amendment. AKAKA, and Mr. LIEBERMAN, proposes an ancing readiness and conservation. We The American people have also spo- amendment numbered 722. want to do both. ken on this issue. We should listen. Ac- Mr. LAUTENBERG. Mr. President, I Protecting critical habitat has long cording to a recent Zogby poll, 85 per- ask unanimous consent that the read- been an essential tool that Federal, cent of registered voters believe the

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.055 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6811 Defense Department should follow the INRMP components under the Sikes Plan or INRMP for a military installa- same environmental laws as everyone Act cannot be universally relied upon tion provides sufficient protection for else. The two-part test in my amend- to accomplish species conservation endangered species to make a critical ment will help assure that DOD con- goals. habitat designation unnecessary. As I tinues to do its part in conserving en- In addition, Section 7(j) of the En- have previously stated, I commend the dangered species. dangered Species Act already allows chairman of the Readiness Sub- As I said before, I think they really the law’s requirements to be waived, at committee for the manner in which he want that to happen. The question is the request of the Secretary of Defense, handled this difficult issue. We had two what the approach is going to be. The when national security concerns out- very good hearings to address the De- issue is about balancing national secu- weigh those of species conservation. To partment’s proposal. rity with our environmental security date, no Secretary of Defense has ever I am particularly appreciative that and the Pentagon has shown in the utilized this flexibility in the Act. the provision in this bill takes a case- past that we can do it. I urge my col- Granting a blanket exemption to the by-case approach to the Endangered leagues to support my amendment. ESA removes the ability for decisions Species Act instead of providing the From our half hour of time, I yield 10 to be made on a case by case basis blanket exemption sought in the ad- minutes to the Senator from Vermont. when national security concerns are ministration proposal. I believe the Mr. JEFFORDS. Like many of my real. provision fall short, however, of codi- colleagues, I am a veteran. I have the After hearings in the Environment fying the existing case-by-case ap- greatest respect for those who serve and Public Works Committee both last proach. this Nation. I served the Naval Re- year and this year, on this issue and During the Committee’s consider- serves for 30 years and was on active the other DOD proposals within the ju- ation of this bill, I offered an amend- duty in the Navy in the 1950s. My ship, risdiction of the EPW Committee, I do ment which would have codified the the McNair, was the first U.S. military not believe the case has been made to case-by-case approach by including ship to navigate the Suez Canal after warrant these changes to existing law. minimum criteria for INRMPs on mili- the Egyptians took control of the canal However, the bill before us contains a tary lands. Unfortunately, my amend- in 1955. I am a member of the Veterans provision that would substantially ment was defeated. I am pleased to join of Foreign Wars, the VFW. change the way critical habitat is pro- Senators LAUTENBERG and JEFFORDS in Like every Senator, I am concerned tected on Department of Defense lands. this amendment which, I believe, pro- about our troops on our military bases The amendment offered by myself vides the necessary criteria to be in- in the States and throughout the and Senators LAUTENBERG and AKAKA world. I want them to have every ad- cluded in INRMPs for military lands in will help to ensure that important pro- vantage as they prepare for and engage order for the Secretary of the Interior tections underlying the Endangered in military conflict. to determine that the designation of However, sweeping changes to envi- Species Act will not be lost under the critical habitat is unnecessary. ronmental laws, even with changes integrated natural resource manage- As the ranking member of the Readi- that are proposed during the time our ment plans developed under the Sikes ness Subcommittee, I remain com- country is at war, should be considered Act and this Defense Authorization mitted to the readiness of our military by the Environment and Public Works bill. through proper training. We have heard Committee. Our committee is charged The amendment would require that from the Joint Chiefs of Staff that our with understanding the implications of the Secretary of the Interior determine Armed Forces are more ready today change in these laws as well as the in writing that the Integrated Natural than they have been before. Our mili- need for change and to weigh the con- Resources Management Plan will effec- tary has found ways to comply with ap- sequences to public health and the en- tively conserve the threatened and en- plicable laws by working with neigh- vironment. dangered species covered by the plan boring communities, state and local of- As our distinguished colleague who and assure that adequate funding is ficials. I firmly believe that this ap- chairs the Armed Services Committee provided for the management activi- proach provides the Department of De- observed in a recent hearing in our ties. fense with the necessary tools and as- Committee, these laws have taken This means that if land is needed for surances it needs to conduct training years to put in place. a species and military training, the activities without unnecessarily under- However, Section 322 of S. 1050, the Secretary of the Interior will review mining environmental provisions. I National Defense Authorization Act for the Defense Department’s plan for urge my colleague to support this Fiscal Year 2004 contains a provision managing the lands and funding the amendment. that would change how critical habitat management activities to make sure I yield back the remainder of my is designated under the Endangered that species will be adequately pro- time. Species Act, a law within the jurisdic- tected. The PRESIDING OFFICER. Who tion of the Environment and Public The Department of Defense and the yields time? works Committee. Department of the Interior have been Mr. JEFFORDS. Madam President, I Section 322 prohibits the Secretary of working together to balance needs of have no further requests for time. I see the Interior from designating critical the military for training with the my chairman standing. I yield the habitat on any Department of Defense needs of endangered species for sur- floor. lands that have an integrated natural vival. This amendment affirms that Mr. INHOFE. Madam President, I resources management plan, known as balance. yield myself such time as I consume. INRMP, prepared under the Sikes Act, It is my hope that the two agencies The PRESIDING OFFICER. The Sen- if the Secretary determines that the will continue to work cooperatively ator from Oklahoma. plan addresses special management and I urge my colleagues to support Mr. INHOFE. Madam President, I consideration, or protection. this amendment. have been listening with great interest The INRMP provisions of the Sikes I yield the floor. to the debate. I start out saying I have Act were never intended to be a sub- The PRESIDING OFFICER. Who some similarities to the previous stitute for the Endangered Species Act, yields time? speaker from Vermont. I am a veteran, but rather a complement to it. Mr. LAUTENBERG. Madam Presi- I should say. As a complementary conservation dent, I yield to the Senator from Ha- Also, the reference was made to the measure, INRMP is not subject to the waii. Environment and Public Works Com- same rigorous implementation require- The PRESIDING OFFICER. The Sen- mittee. I do agree with the Senator ments as conservation measures taken ator from Hawaii. from Vermont that there is a jurisdic- under the Endangered Species Act, Mr. AKAKA. Madam President, I rise tion thing there in which we are inter- such as being based on the ‘‘best avail- today in support of the Lautenberg-Jef- ested. However, there is also one hav- able science.’’ fords amendment to establish mining to do with the readiness, with the INRMPs are often substandard com- imum criteria for whether an Inte- authorization bill that is under consid- pared to the ESA, and the required grated Natural Resource Management eration now.

VerDate Jan 31 2003 04:20 May 22, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.060 S21PT1 S6812 CONGRESSIONAL RECORD — SENATE May 21, 2003 I can’t tell you how strongly I feel recovery while the Department of Inte- tended consequences such as depriving about this particular amendment. This rior and Endangered Species Act have the Fish and Wildlife Service the flexi- is something we have been discussing not been able to recover species. bility to refine the conditions in light now, not for just days or weeks but for This is very important. We have had of further experience or to tailor them years. We have actually had several since 1973—30 years—the Endangered more specifically to diverse sites. The hearings. Right now, we have had some Species Act. Yet no species have come language would give rise to litigation. 12 hearings in the past 2 years on this off the list as a result of operation of As the chart shows, again quoting subject. Some of this was when I the Endangered Species Act. In other Craig Manson: chaired the Readiness Subcommittee of words, he is putting on a test that can- In fact, the process of using the Integrated the Senate Armed Services Committee. not be fulfilled. In other words, we are Natural Resources Management Plan is a We have had hearings there and, of not going to be able to have this type collaborative process that requires the course, hearings in the Environment of training. agreement of the Fish and Wildlife Service and Public Works Committee. This is the quote from a committee and INRMP and cannot be approved without hearing which we had. This was the the agreement of the Fish and Wildlife Serv- I share the compliments to Senator ice. The Service will continue to be involved. ENSIGN, in the way he has been Deputy General Counsel for Environ- Habitat will continue to be afforded the pro- chairing this committee and spending ment and Installations. It gets into the tections that are necessary for the conserva- the time on this very critical subject. question as to how this is going to af- tion of the species. Let me just remind everybody that fect the training: I think most of us understand. That when INRMP first came along, the In- With respect to the ESA, what our pro- is the seriousness that we are dealing tegrated National Resource Manage- posal seeks to do is to codify a policy that with right now. ment Plan, they came along not in a was adopted during the Clinton administra- The next concern we have is the law- tion with respect to the INRMPs. Republican administration, they came suits which are now preventing con- along in the Clinton administration. Then Craig Manson said: tinuation of a policy started by the im- They recognized at that time the seri- I concur as to the ESA provision. plementation of the Clinton/Gore ad- ousness of proper training and the fact The amendment is very similar to ministration. And we are talking about that we have a very serious problem af- the amendment that Senator AKAKA the INRMP. fecting some of the environment en- tried to get approved in committee. This is Jamie Irappaport Clark, the croachments on our limited land area. Normally, Senator AKAKA and I agree Clinton administration’s Director of It is something that is measured, not on these issues. During the years when the U.S. Fish and Wildlife Service. He by cost of training, not by effectiveness I was chairman of the Readiness Sub- said: of training, as much as it is human committee of the Senate Armed Serv- Do I believe that Integrated Natural Re- lives. ices Committee, and he was my rank- source Management Plans can provide the The Senator from New Jersey talked ing member, and during the years he needs for conservation of listed species? Ab- about the Endangered Species Act. I was chairman, I was his ranking mem- solutely. spent 3 years and lost trying to stop ber, we normally agreed on these This came from the Clinton adminis- the prohibition of live-fire training on issues. tration—not from the current adminis- a Navy range on land we own in However, I believe the Lautenberg tration. That was the Clinton Fish and Vieques. I have a background, as does amendment goes much further than Wildlife Director, Jamie Clark, who the Senator from Vermont, in having the Akaka amendment went because it initiated the practice and gave the tes- gone through training. I am sure he is an amendment that gets very serious timony before our committee. would share this with me. When we in terms of forcing something to come The marine field training is rated went through training and crawled off the list. ‘‘not combat capable’’ at Camp Pen- under inert fire, it was quite a bit dif- The essential difference between Sen- dleton. ferent from crawling under live fire. ator AKAKA’s failed amendment in I am glad the Senator from New Jer- This is the kind of training that I committee and Senator LAUTENBERG’s sey brought up Camp Pendleton. Camp think we had in Vieques—integrated amendment is a subtle but crucial dif- Pendleton is a good model to use as to training, which we don’t have today. In ference between ‘‘provide conservation what we don’t want to do. Camp Pen- Kuwait, we lost five lives, four of whom benefit for the species,’’ which Senator dleton has all of these 17 miles of were Americans. If you read the acci- AKAKA wanted to do and which I can shoreline. We can only use some 200 dent report, it very clearly states that understand, and provide a conservation yards. In fact, if you look at the shore- we lost those lives because we didn’t benefit as Senator LAUTENBERG wants line, that 200 yards is so small that it have adequate live-fire training. It was to do, which is ‘‘conserve the species.’’ doesn’t even show up on the map. This denied us right before that time at the In other words, recover. Recovery is shows the proposed critical habitat at range in Vieques. something that can’t happen. It has the Marine Corps base at Camp Pen- I am going to talk about Camp Pen- never happened. I will read to you from dleton, 57 percent. That tells us what is dleton. the Endangered Species Act of 1973. It happening to our training area. Before I do so, the Senator from New said in addressing the terms ‘‘con- What is the result of that? The en- Jersey had talked about Camp Pen- serving’’ and ‘‘conservation’’ that it croachment impact of training deg- dleton and how compatible everything means ‘‘to use and use all methods and radation at Camp Pendleton in the has been in Camp Pendleton. He sug- procedures which are necessary to field of ‘‘not combat capable’’ is fifty gests that in Camp Pendleton there are bring any endangered species or threat- percent. Fifty percent of the training some 17 miles of shoreline. We can only ened species to the point at which the that takes place has that category of train in some 200 yards of that area. It measures provided pursuant to this act T–4, which is ‘‘not combat capable,’’ is a very serious matter. are no longer necessary. Such methods and 69 percent is ‘‘combat capable’’ for I agree that we have very well- and procedures include but are not lim- only a low threat. That is what is hap- trained troops in the field. But I also ited to all activities associated with pening. say we are not enjoying the state of scientific resources and management, How does that translate into lives? readiness that our troops are entitled such as research, law enforcement, We don’t know. As I mentioned, we to have—unlimited capability of train- habitat acquisition and maintenance have lost lives because of a lack of ing in a live and integrated relation- promulgation, live trapping, trans- training. This is one that is very seri- ship. planting,’’ and it goes on and on. ous. The Lautenberg amendment would It says you must be able to recover. The Department of Defense set out to essentially gut the bill language be- As he said, never have we been able to establish quantity of data on encroach- cause it would impose an unachievable recover a species that was actually a ment selecting the Marine Corps base standard of recovering species accord- result of the operation of the ESA. at Camp Pendleton as the subject of ing to the legal definition of concern. The Department of Defense opposes the study and came to the conclusion DOD would be forced to guarantee suf- the amendment because, No. 1, the lan- that 50 percent of that training would ficient funding to accomplish species guage could have perverse and unin- not be combat ready.

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.061 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6813 That is how serious this is. Mr. WARNER. That would be helpful AKAKA is a wonderful person to work More holistic than mere designation and enable Senators to speak. with. Our staffs worked really well to- of critical habitat, the management Mr. REID. That would be 15 minutes, gether. On several of the proposals the plan we are talking about, the INRMP each having 71⁄2 minutes. administration had put up on the envi- approach, pioneered by the Clinton- Mr. WARNER. Fine. ronment, we held hearings. We brought Gore administration, considers habitat, Mr. REID. Madam President, while in experts from both sides. Everybody food, water, predators, noise, and many we are here, the Senator from Virginia was represented. We had very fair hear- more factors. has also said he would agree that the ings. I think everybody who was in at- The Fish and Wildlife Service op- next amendment in order is Harkin. tendance would agree the hearings posed the Lautenberg amendment. That is already the order, but the time were fair and balanced. Let me conclude by saying this is on that will be one-half hour evenly di- Out of those hearings came a couple very serious. I could be talking about vided in the usual form regarding sec- of findings: One is that over the last 20 ranges other than Pendleton. Pen- ond-degree amendments. years the military has done a fabulous dleton I talked about because that was Mr. WARNER. Right. job with its ranges in protecting habi- brought up by the Senator from New Mr. REID. Following that amend- tat as well as endangered or threatened Jersey. In the case of Camp Lejeune, in ment, Senator BINGAMAN has an species. I think there is no disputing the case of Fort Bragg in the south- amendment on missile defense which that. eastern part of the United States, we Senator WARNER has reviewed. In the past, I think there certainly are down now to just a small portion Mr. WARNER. Right. were some mistakes that were made by that can be used for training. Mr. REID. Senator BINGAMAN has the military. But in the last 20 years or I invite my colleagues to go down to agreed to a 30-minute time agreement so we have done a really good job with Fort Bragg, go down to Camp Pen- on that. That would be under the usual our armed services protecting the habi- dleton, and look and see how they are form relating to second-degree amend- tat and the species on these various inhibited from being able to have the ments. I ask that in the form of a ranges. type of training that will really pre- unanimous consent request. What has happened now is we are in pare them properly for combat in Mr. WARNER. No objection on this a situation where the courts, instead of harm’s way to which we will be sending side. allowing what has happened with some them. The PRESIDING OFFICER. Without of these what are called Integrated I think it is very significant. There is objection, it is so ordered. Natural Resource Management Plans, not an issue in this bill that is more Mr. REID. The reason we have done which are in place and have done a significant now than trying to do what this is there is a briefing at 3 o’clock. great job protecting the species and the we can to provide good training. It has We could stack the two votes, the Har- habitat—what the courts are threat- been said before—and I would have to kin and Bingaman votes, at around 4 ening to do, and it looks as if it is echo it—that the military has been an o’clock, thereabouts. going to happen, is those will no longer excellent steward of the environment. The PRESIDING OFFICER. Without be able to be used. We will have to go And that is part of the problem. If you objection, it is so ordered. with much stricter definitions, much go to Fort Bragg today, after having The Senator from Vermont. more costly ways of doing business, been there 2 years ago, you see many Mr. JEFFORDS. Madam President, I and a lot of the ranges will be shut more of these red ribbons around areas would like to talk just a minute about down. precluding them from being able to the need for available space for train- I am the chairman of the Readiness train there because of the urban sprawl ing. I was in the Navy. I was on board Subcommittee. We are in charge to and other encroachments on our train- a destroyer. I was a gunnery officer. We make sure our armed services are ing capabilities. were involved in wartime activity in ready when they are called upon to de- Our language is very good, and I Lebanon. Our training and all was for fend the United States of America. would encourage us, at the time we shore-fire bombardment. I understand I have a letter I would like to have vote, to reject the Lautenberg amend- what is needed and what is necessary, printed in the RECORD. I ask unani- ment. and I know this bill is carefully crafted mous consent that be the order. I yield the floor. to ensure there will be adequate space There being no objection, the mate- The PRESIDING OFFICER. The Sen- for the types of operations I partici- rial was ordered to be printed in the ator from Virginia. pated in. I know our military is pretty RECORD, as follows: Mr. WARNER. Madam President, I efficient and there are areas that are CHAIRMAN OF THE thank our colleague from Oklahoma. I designated that they cannot hit. There JOINT CHIEFS OF STAFF, also thank our distinguished colleague is always a chance they might, but Washington, DC, May 21, 2003. from this side. It looks as if we are they can rearrange things to make sure Hon. JOHN WARNER, going to conclude this debate such that those areas are not in their gun sights. Chairman, Senate Armed Services Committee, U.S. Senate, Washington, DC. the Senate can turn to a rollcall vote It is not anything that is of great dif- at about 2:45. DEAR SENATOR WARNER: I would like to un- ficulty to do. These are huge areas. derscore the critical importance of the En- The PRESIDING OFFICER. The Sen- So I think the arrangement we have ator from Nevada. dangered Species Act language as currently under this amendment is very reason- contained in S. 1050, the Defense Department Mr. REID. Madam President, how able and, from my own experience, Authorization Bill. much time is left on this side on this quite possible to keep everybody The Department of Defense’s primary mis- amendment that is now pending? happy. So I disagree with the com- sion is to maintain our Nation’s military The PRESIDING OFFICER. Fourteen readiness. We possess the most ready, capa- and a half minutes. ments of my chairman. ble armed forces in the world; however, ex- Mr. REID. Madam President, I ask I yield the floor. panding trends in environmental restrictions my friend from Vermont, how much The PRESIDING OFFICER. Who are significantly impacting military training time do you need? yields time? and operational readiness. Mr. JEFFORDS. About 5 minutes. The Senator from Nevada. We need your continued support to restore Mr. REID. Would that be appro- Mr. ENSIGN. Madam President, as needed balance between environmental and national security concerns, and to protect priate? chairman of the subcommittee which reviewed this proposal and included activities essential to prepare our men and Mr. WARNER. I do want our distin- women for combat. guished colleague from Nevada, who is this proposal on the Endangered Spe- Thank you again for your strong leader- the chairman of the subcommittee—— cies Act, I want to spend a couple min- ship and concern for America’s military. Mr. REID. How much time does the utes to educate our colleagues on why Sincerely, Senator from Nevada need? it is important to defeat this amend- RICHARD B. MYERS, Mr. ENSIGN. Probably 7 or 8 min- ment that has been proposed. Chairman of the utes. I will try to cut it off by 2:45. First of all, we held two hearings— Joint Chiefs of Staff. Mr. REID. Why don’t we have the Senator AKAKA and I did—and we Mr. ENSIGN. This letter pretty much vote at 2:50? worked beautifully together. Senator sums up what we try do in this bill. We

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.063 S21PT1 S6814 CONGRESSIONAL RECORD — SENATE May 21, 2003 are balancing environmental protec- a complement to it. The Sikes Act is feiture of thousands of miles of road tions with military readiness. Some- clear that it does not ‘‘affect any provi- systems on Federal lands, this adminis- times these are competing concerns. sion of a Federal law governing the tration continues to shut the American We did not overreach in this bill. We conservation or protection of fish and public out of the debate over the pro- struck a balance. We struck a very wildlife resources.’’ As a complemen- tection of their environment. I call delicate balance, but we think we have tary conservation measure, INRMPs upon my colleagues to stop this attack struck a balance. are not subject to the same rigorous by the administration and strip section If anybody has any questions, they implementation requirements as con- 322 from the National Defense Author- just have to go visit our military servation measures taken under the ization Act. ranges in Southern California, in the ESA, such as being based on the ‘‘best Mr. DASCHLE. Mr. President, I rise Carolinas. Wherever you go across the available science.’’ In addition, exist- to support the amendment offered by country, visit our ranges and you will ing Fish and Wildlife Service policy al- Senators LAUTENBERG and JEFFORDS to see some of the most pristine areas you lows the presence of ESA requirements the Department of Defense authoriza- can find, some of the best protected to function as an incentive to DOD tion bill. habitat you can find, and these endan- land managers to develop the best The bill before us would block any gered and threatened species are flour- INRMPs possible. This policy encour- designation of critical habitat under ishing. ages the development of good INRMPs. the Endangered Species Act on any De- It is not a question of this bill rolling A blanket exemption to critical habi- partment of Defense lands. back environmental protections. We do tat designations would remove this in- The Department of Defense controls not want the courts putting such lim- centive to practice the best steward- 25 million acres of land where some of its on the military that they cannot go ship possible. the best habitat remains for more than forward in this balance in the future, Why the need for such an exemption? 300 threatened and endangered plants where we protect species and habitat The administration would have the and animals. and we ensure military readiness for American public believe that environ- Since critical habitat designations our armed services. mental laws, in this instance the En- would not be applied to military lands, A couple of specific problems with dangered Species Act, ESA, infringes the Lautenberg-Jeffords amendment this amendment: The INRMP sites and upon the readiness of American troops would add two simple requirements to the Endangered Species Act are com- by drastically impeding training exer- ensure that the Department of Defense plementary statutory frameworks that cises. Yet there is even discord within develop integrated natural resource together ensure protection of endan- the administration. At an Environ- management plans to protect species. The amendment would also require gered and threatened species. The Lau- mental Protection Agency, EPA, hear- the Secretary of the Interior to ensure tenberg amendment introduces an un- ing held in the Senate earlier this that a resource management plan con- necessary and complicated require- spring, EPA Administrator Christine serves threatened and endangered spe- ment, and we believe—the Department Todd Whitman noted that she did not cies and is adequately funded. of Defense and the Department of the ‘‘believe that there is a training mis- Critical habitat is an important com- Interior believe—it will lead to more sion anywhere in the country that is ponent of the Endangered Species Act lawsuits, not less. We are trying to get being held up or taking place because and provides help to species near ex- away from the lawsuits and make sure of an environmental protection regula- tinction by identifying areas that are we are spending the money instead of tion.’’ I have to wonder if it is state- needed for species survival and recov- fighting legal battles in protecting the ments like this, where Administrator ery. species and making sure we are ready Whitman was speaking for the environ- This provision in the bill is not nec- for what our armed services are called ment and not just toeing the adminis- essary to maintain our military readi- to do. tration line, that helped lead to her re- ness. According to a General Account- I ask our colleagues to seriously take cent resignation. I hope the adminis- ing Office report, issued on June 2, 2002, a look at this. We just saw the results tration will fill her shoes with someone on military training: ‘‘training readi- of great readiness in Iraq. The argu- that will make protecting the environ- ness, as reported in official readiness ments were made: We are ready; there ment his or her first priority as I be- reports, remains high for most units is not going to be a problem. lieve Administrator Whitman did under and that the level of readiness does not We were ready because our ranges very difficult circumstances. support DOD’s claims its readiness is were able to be used. If we roll back the Finally, it is absurd to provide such being hurt by environmental laws.’’ ability to use our ranges, we will not an exemption when the ESA allows for The Department of Defense has a be ready. We will not have the kind of the law’s requirements to be waived, at strong record of balancing readiness military readiness we need in future the request of the Secretary of Defense, and conservation. conflicts. That is why it is so impor- when national security concerns out- I urge my colleagues to support this tant that we do as the language in the weigh those of species conservation and important amendment. bill suggests, protect the balance be- other solutions cannot be found. To The PRESIDING OFFICER. Who tween environmental protection and date, no Secretary of Defense has ever yields time? military readiness. utilized the flexibility in this act. Mr. JEFFORDS. Madam President, I I reserve the remainder of my time. Granting a blanket exemption to the would like to reiterate that there is Mr. LEAHY. Mr. President, it is op- ESA removes the ability for decisions plenty of room for the training. All we portune the Senate is considering the to be made on a case-by-case basis and ask is to make sure before that train- National Defense Authorization Act for only when national security concerns ing is conducted there are studies done fiscal year 2004 just after the successful are real. to make sure endangered species can be military action in Iraq. Unfortunately, This administration’s continued at- saved and they can reorient where the as is the case with many of the efforts tack on over 30 years of implementing training is to accommodate them. undertaken by this administration, environmental laws is in blatant dis- The GAO found the military has pre- there is an attempt to bypass environ- regard to the sentiment of the Amer- sented no evidence that the Endan- mental regulations under the cover of ican public. A recent poll showed that gered Species Act has impaired train- some national guise—in this instance over one-half of the American public ing. If the DOD needs an exemption military preparedness. In particular, I felt that the U.S. Government was not from the Endangered Species Act, sec- am incensed by section 322, which doing enough to protect the environ- tions 7(j) and 4(b)(2) provide relief from would prohibit the Secretary of the In- ment and three-quarters of those polled the designation of critical habitat. The terior from designating critical habitat wanted to see stronger enforcement of DOD has never sought an exemption on any Department of Defense, DOD, these laws. Yet, again and again, under 7(j). How can we say the law lands that have an Integrated Manage- whether allowing for future inclusion needs to be changed when the relief ment Natural Resources Plan, INRMP. of wilderness into the Federal lands, under current law has never been used? The Sikes Act was never intended to mining in protected grizzly bear habi- I refer the attention of my colleagues be a substitute for the ESA but rather tat in Montana, or the possible for- to this quote:

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.067 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6815 The President has said that he wants the proach to this issue of endangered spe- McConnell Santorum Sununu Federal Government to be held to the same cies on military lands. That is pre- Miller Sessions Talent standards of environmental cleanup as the Murkowski Shelby Thomas cisely what the Lautenberg amend- Nickles Smith Voinovich private sector . . . so, we’ve [EPA] said you ment does. If we want to codify—as the Roberts Stevens Warner have got to meet the same standards as the private sector. opponents of the amendment say they NOT VOTING—1 want—what the Clinton administration Edwards That was Christine Todd Whitman on did relative to this issue, this is the The amendment (No. 722) was agreed the Dianne Rehm show on May 21, 2003. way to codify it. If we don’t adopt this to. And quoting again: amendment, it is not in our code. It is Mr. DURBIN. Madam President, I I don’t believe that there is a training mis- not codified. move to reconsider the vote. sion anywhere in the country that is being I support the amendment and hope it held up or not taking place because of the Mr. LAUTENBERG. I move to lay environmental protection regulations. can be adopted. that motion on the table. The PRESIDING OFFICER. The Sen- That is EPA Administrator Christine The motion to lay on the table was ator from Vermont. Todd Whitman’s testimony before the agreed to. Mr. JEFFORDS. Madam President, I Senate Committee on Environment and The PRESIDING OFFICER. The Sen- yield back the remainder of my time. Public Works on February 26, 2003. ator from Nevada. This is a perfectly reasonable amend- Mr. ENSIGN. Madam President, I Mr. REID. Under the previous order, ment. It will protect and not interfere suggest the absence of a quorum. what is the next? at all with the training requirements The PRESIDING OFFICER. The The PRESIDING OFFICER. The Har- of our Nation. I seriously counter the clerk will call the roll. kin amendment. remarks made recently. The assistant legislative clerk pro- The Senator from Iowa. I yield the floor. ceeded to call the roll. AMENDMENT NO. 774 The PRESIDING OFFICER. Who Mr. ENSIGN. Madam President, I ask Mr. HARKIN. Madam President, I yields time? The Senator from Nevada. unanimous consent that the order for have an amendment I send to the desk Mr. ENSIGN. In response to the EPA the quorum call be rescinded. and ask for its immediate consider- administrator’s quotes we have before The PRESIDING OFFICER. Without ation. us today, I spoke to the administrator. objection, it is so ordered. The PRESIDING OFFICER. The We had testimony from the EPA fol- Mr. ENSIGN. Madam President, have clerk will report. lowing this to try to clear up any kind the yeas and nays been ordered on the The assistant legislative clerk read of confusion. As I mentioned, we have amendment? as follows: not had problems with readiness up to The PRESIDING OFFICER. They The Senator from Iowa [Mr. HARKIN] pro- this point because the Integrated Nat- have not. poses an amendment numbered 774. ural Resource Management Plans have Mr. ENSIGN. I ask for the yeas and Mr. HARKIN. Madam President, I been working well as a balance, mak- nays. ask unanimous consent that the reading sure habitat and species are pro- The PRESIDING OFFICER. Is there a ing of the amendment be dispensed tected, but also where readiness could sufficient second? with. go forward and be maintained at a high There appears to be a sufficient sec- The PRESIDING OFFICER. Without level. What the military is concerned ond. objection, it is so ordered. about is the court decisions that look The question is on agreeing to The amendment is as follows: like they are going to go against the amendment No. 722. The clerk will call (Purpose: To prohibit the use of funds for ac- military to where they will not be able the roll. quiring for inventories of the Department The assistant legislative clerk called of Defense property in excess of the re- to use the ranges in an effective man- quirements for the inventories) the roll. ner. The statement that was made by On page 44, between lines 18 and 19, insert Administrator Whitman, 5 years from Mr. REID. I announce that the Sen- the following: ator from North Carolina (Mr. ED- now, whoever the EPA administrator SEC. 313. INVENTORY MANAGEMENT. would be at that time, would not be WARDS) is necessarily absent. (a) LIMITATION ON PURCHASE OF EXCESS IN- able to be made. The PRESIDING OFFICER. Are there VENTORY.—(1) Subject to paragraph (4), no People are very concerned that readi- any other Senators in the Chamber de- funds authorized to be appropriated by this ness will be severely affected if the siring to vote? Act may be obligated or expended for pur- court decisions are allowed to go for- The result was announced—yeas 51, chasing items for a secondary inventory of ward. This bill language says to the nays 48, as follows: the Department of Defense that would exceed the requirement objectives for that in- courts, balancing environmental con- [Rollcall Vote No. 190 Leg.] ventory of such items. cerns with military readiness is work- YEAS—51 (2) The Secretary of Defense shall, within ing. Let’s keep with what is working Akaka Dodd Levin 30 days after the date of the enactment of instead of putting huge requirements Baucus Dorgan Lieberman this Act, review all pending orders for the on to the military where they will not Bayh Durbin Lincoln purchase of items for a secondary inventory be able to use the ranges. Biden Feingold Mikulski of the Department of Defense in excess of the Bingaman Feinstein Murray I reserve the remainder of my time. applicable requirement objectives for the in- Boxer Graham (FL) Nelson (FL) ventory of such items, and shall ensure com- The PRESIDING OFFICER. The Sen- Breaux Harkin Nelson (NE) pliance with the limitation in paragraph (1) ator’s time has expired. The Senator Byrd Hollings Pryor Cantwell Inouye Reed with respect to such items. from Vermont controls the balance of Carper Jeffords Reid (3) The Secretary shall, within 30 days the time. Chafee Johnson Rockefeller after the date on which a requirement objec- Mr. JEFFORDS. I yield to the rank- Clinton Kennedy Sarbanes tive for an item in a secondary inventory of ing member of the committee. Collins Kerry Schumer the Department of Defense is reduced, review Conrad Kohl Snowe The PRESIDING OFFICER. The Sen- all pending orders for the purchase of that Corzine Landrieu Specter item and ensure compliance with the limita- ator from Michigan. Daschle Lautenberg Stabenow Dayton Leahy Wyden tion in paragraph (1) with respect to that Mr. LEVIN. How much time does the item. Senator from Vermont have remain- NAYS—48 (4) The Secretary may waive the limitation ing? Alexander Coleman Graham (SC) in paragraph (1) in the case of an order for The PRESIDING OFFICER. Four- Allard Cornyn Grassley the purchase of an item upon determining and-a-half minutes. Allen Craig Gregg and executing a certification that compli- Bennett Crapo Hagel ance with the limitation in such case— Mr. LEVIN. Madam President, I sup- Bond DeWine Hatch port the Lautenberg-Jeffords-Akaka (A) would not result in significant savings; Brownback Dole Hutchison or Bunning Domenici Inhofe amendment. It has been said earlier in (B) would harm a national security inter- the debate that the DOD spokesperson Burns Ensign Kyl Campbell Enzi Lott est of the United States. said all the Department wants to do is Chambliss Fitzgerald Lugar (b) REDUCTION OF EXCESS INVENTORY.—(1) codify the Clinton administration ap- Cochran Frist McCain No funds authorized to be appropriated by

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That is why I offer lion annually without imposing bur- March 31, 2004, to maintain or store an inven- this amendment. densome requirements on the Depart- tory of items for the Department of Defense What the amendment addresses is, ment of Defense and without compro- that exceeds the approved acquisition objec- the Department of Defense routinely mising defense readiness. tives for such inventory of items unless the purchases and keeps on hand, for the Secretary of Defense determines that dis- I have requested GAO reports in the posal of the excess inventory— purpose of meeting the Department’s past, and many of those reports also (A) would not result in significant savings; requirements, many items in a cat- found significant waste in the Depart- or egory it calls secondary inventory. ment of Defense. Reports on inventory (B) would harm a national security inter- Secondary inventory means spare and that the Army and the Navy ship from est of the United States. repair parts for weapons. It also in- one location to another found that (2) Not later than January 1, 2004, the Sec- cludes clothing, medical, and many each service loses track of at least $1 retary shall establish consistent standards other items that are not weapon sys- billion worth of shipped items every and procedures, applicable throughout the tems themselves. Obviously, there is a year. Imagine that. They ship it, they Department of Defense, for ensuring compli- large amount of such supplies our mili- ance with the limitation in paragraph (1). do not know if they shipped it, and (c) REPORT ON INVENTORY MANAGEMENT.— tary needs to keep on hand—over 2 mil- they do not know if anyone got it. (1) Not later than March 31, 2004, the Sec- lion items. They lose track of $1 billion a year in retary of Defense shall submit to Congress a According to the GAO, the Pentagon inventory. report on— has approximately $70 billion worth of Last July, another report revealed a (A) the administration of this section; and this secondary inventory. Unfortu- complete breakdown in tracking and (B) the implementation of all recommenda- nately, out of the $70 billion worth of control of Air Force inventory shipped tions of the Comptroller General for Depart- secondary inventory, there was about ment of Defense inventory management that to contractors. The Air Force could not $38 billion in excess or unneeded inven- make sure that contractors had asked the Comptroller General determines are not tory. So we have $70 billion in sec- fully implemented. for items they needed, they could not (2) The Comptroller General shall review ondary inventory, much of which is make sure they had received what was the report submitted under paragraph (1) and needed; but GAO identified $38 billion sent, and they could not make sure submit to Congress any comments on the rein what they call excess inventory, in- they used what they got on Govern- port that the Comptroller General considers ventory that the Pentagon says they ment contracts, and they did not fol- appropriate. do not even need. That is more than low up on known problems. This was Mr. HARKIN. Is the time 15 minutes half of the secondary inventory classi- just a report from last summer. equally divided? fied as excess. This is totally unaccept- Other reports have found that the The PRESIDING OFFICER. It is 30 able. It is unacceptable that DOD could Pentagon pays too much for common minutes equally divided. find itself with more than half of its items and buys things we do not need, Mr. HARKIN. Madam President, this secondary inventory above their own and on and on. amendment seeks to reduce the waste- requirements. I am sure there are valid I believe we do have a serious prob- ful buildup of unneeded inventory at explanations why some requirements lem in inventory control with the De- the Department of Defense. Based on are misjudged, but to end up with $38 partment of Defense. I half facetiously, the findings of the General Accounting billion worth of unneeded inventory a year or two ago when I offered a simi- Office, I believe this amendment would out of a total of $70 billion of inventory lar amendment, said that the Govern- save at least $2 billion annually. seems to me to be a pretty good defini- ment is now contracting out a lot of Last year, as a member of the De- tion of waste. functions, and the Bush administration It is worth pointing out that the De- fense Appropriations Subcommittee, I seems to be intent on contracting out, partment of Defense generally con- requested that the GAO prepare a re- that maybe what we really ought to do curred with this GAO report. The De- port on the inventory requirements of is contract out inventory control for partment did not disagree with these the Department of Defense. That re- the Department of Defense to Wal- port has just been printed and released findings. But that is not all. Of the $38 billion mart. I can guarantee that Wal-Mart dated May 2003. This is the newest in a in excess secondary inventory, accord- does not lose $1 billion a year in inven- series that I have had GAO undertake ing to the GAO, $1.6 billion was still on tory. I guarantee when Wal-Mart or- in recent years on related topics. order. In other words, we are still pay- ders items, they know if they have Pentagon waste is not a new issue, ing contractors to make $1.6 billion been shipped and they know who gets nor is the issue addressed by my worth of stuff the Pentagon itself has it. I picked on Wal-Mart, but I could amendment the only kind of waste that acknowledged it does not even need. So name another company. But my point occurs within DOD. People have point- why weren’t the orders canceled? is made. ed out numerous examples of waste in My amendment addresses this prob- We have a huge bureaucracy, the De- DOD over the years, some quite spec- lem in two simple ways. First, it re- partment of Defense. They are buying tacular. quires the Pentagon to cancel those or- billions of dollars’ worth of items with Later in my statement I will talk ders for unneeded items where it makes taxpayers’ money, and in many cases about the other kinds of waste we un- sense; that is, unless the Secretary de- they cannot account for it. We have covered by past GAO reports that I re- termines, one, that it will not save the stockpiling of excess items, and quested. Much has been done to reduce money; or, two, the Secretary deter- they keep right on buying items that Pentagon waste, and I commend those mines that it will harm national secu- they say they do not even need. efforts. The chairman and ranking rity. Unless he finds either one of Would someone please make sense of member, both, and when they have those, then the Department must can- this to this Senator? Why is the De- been in reversed positions, have made a cel orders for items it does not think it partment of Defense ordering items great effort in this regard. We have re- needs. that it has already said it does not duced Pentagon waste. Second, my amendment requires the need, yet keeps the orders going? That However, the Department of Defense Pentagon to reduce the excess inven- is what my amendment is attempting remains the largest purchaser of goods tory it already has on hand. Again, if to do. in the Federal Government. The size of the Secretary determines that, (a), it Some of the past GAO reports have the bill continues to increase, and we will not save money or, (b), it will resulted in improvements. The Navy, have an authorization bill of $400 bil- harm national security, then the De- for example, claims to have accounted lion. That includes $75 billion for pro- partment can keep right on storing for $2.5 billion of inventory discrep- curement. At those levels, we do need these items. Otherwise, they have to ancies. But I am sorry to say the rec- to be vigilant and we need to perform sell the stuff so we do not pay to keep ommendations are frequently not fol- an ongoing watchdog role. That is what storing it. According to the GAO, that lowed. Just on inventory issues, the this amendment is aimed to ensure. excess inventory on hand was worth GAO has more than 30 open rec- I am sorry to say, despite the long about $36 billion. ommendations on using accurate data, history of investigations and GAO re- I believe these two simple steps setting consistent procedures and fol- ports, many of the problems still have should save taxpayers at least $2 bil- lowing them, adopting commercial best

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.012 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6817 practices and modern inventory sys- chairman would join me in this com- Since 1995, we have reported on imbalances tems, taking timely actions, and many mitment because I have spoken with in DOD’s inventory, and our current work more—30 open items the GAO has iden- the chairman about this subject—to shows that these imbalances continue to tified to which the Department of De- look into the GAO report and to do so exist. fense simply is not paying attention. promptly, to review it, and then to I know the chairman and ranking My amendment also requires that the meet with the Senator from Iowa to remember have a lot on their plate. This Department of Defense report to Con- view it and address those issues he is a big bill. There is a lot you have to gress on what the Department is doing thinks need to be addressed. We will do pay attention to. But somehow we just to implement these open GAO rec- that promptly. We are not trying to have to get our hands on this. ommendations on defense inventory delay it because the Senator has point- In response to what Senator LEVIN issues. ed out matters which could save us sig- had said, we found in one of our re- Again, this amendment is a modest nificant amounts of money. ports—I am sure the chairman is very step forward. It is needed because the On the other hand, if we do it wrong, familiar with it—where we had at one Department has either not been willing for instance, if we sell things which are point 100 years or more of inventory of or not been able adequately to address, excess to inventory which will not be some items. Of course they are going to by itself, past findings by the GAO of excess a few months from now, if we be long obsolete before that hundred serious waste. I have chosen to address bring the inventory down—for in- years is out. the single, narrow area of secondary instance, if we have 2 years of inventory Some of that has been taken care of. ventory because that is the area where for things we only need a year and a I compliment the chairman and rank- we have fresh information from the half of, we may not want to sell that ing member, now and in the past, for GAO, information with which DOD extra 6 months; we may want to bring attending to that, because a lot of that generally concurs. the inventory down to a year and a has been reduced. I compliment you for Now, while $2 billion may not be a half. that. large amount compared to the $400 bil- There are some complications. I have But we still have one problem here— lion authorized in this bill, it is still a had a chance to talk with our dear well, one among others—of the sec- lot of taxpayer money, and it is being friend from Iowa. His heart is abso- ondary inventory and the fact they wasted. We ought to stop it. That is lutely in the right place. His head is in keep buying, even though they them- what my amendment seeks to do. the right place. His staff is in the right selves say they do not need it. I yield the floor. place. We want to try to be in the right So I appreciate what you said. I know The PRESIDING OFFICER. Who you have not had a chance to take a yields time? The Senator from Michi- place with him and join him in this effort and have the opportunity which I look at it. I look forward to my staff gan. and your staff working together and Mr. LEVIN. Madam President, how have just described to review this GAO maybe coming up with some things so much time is there on this amend- report with him and take the appro- we can get them moving in the right ment? priate action. The PRESIDING OFFICER. Thirty I urge he consider allowing that direction. minutes, evenly divided. course to occur and not to press his Mr. WARNER. Madam President, if I Mr. LEVIN. Madam President, first I amendment at this time. I know the might say to my colleague, on a per- thank and commend the Senator from chairman of the committee has some sonal note, he and I have reminisced Iowa for this amendment. It is an thoughts on the subject as well. many times how we have been privi- amendment which raises a lot of very The PRESIDING OFFICER. The Sen- leged to wear the uniform of our coun- significant issues about the Depart- ator from Virginia. try. I am struck by the hundred years. ment of Defense inventory. It is a sub- Mr. WARNER. Madam President, I That parallels the commode scene we ject I had quite a bit to do with many associate myself with the remarks of had hear some years ago, if the Senator years ago, particularly when we raised my colleague from Michigan. remembers. issues about the amount of the I say to the Senator from Iowa, real- People operating in the Department warehousing that exists in the Depart- ly, in a way we appreciate what you of Defense have good intentions, be ment of Defense, the amount of pur- have done because you have identified they in uniform or civilians. It is their chases which were made which contrib- an issue that has been of concern to country and their taxpayers’ money. uted to that inventory, which was ex- our committee for some many years. What we have to do is provide them cessive. The Armed Services Committee has with the proper direction when they We made some progress. This was a held hearings and sponsored much of need it to try to correct these things. number of years ago, but nonetheless the GAO’s best-practices work. But But we have always, being military we made some progress. I think we ac- there remain to be done some impor- persons ourselves, to remember readi- tually reduced the number of ware- tant aspects of this problem. ness is foremost. We have to err some- houses at that time by about 40 per- DOD has made some progress but times on the side of caution to main- cent. But it is obvious we still have a much more needs to be done. We recog- tain the readiness needed, particularly problem and we are going to have a nize that. I want to work with the Sen- in today’s environment, where unlike greater problem if we do not address it ator from Iowa and the Senator from when you and I served there was time because of the increased size of the De- Michigan and other members of the to get ready for military operations. fense budget and the purchases of the committee to address the inventory World War II basically took a year to Defense Department. management problems at the Defense get cranked up and going. We don’t The GAO has issued a report. It is a Department. have that time anymore with these fairly new report. Frankly, we have not I thank the Senator. modern weapons and terrorism and the had a chance to even analyze that re- The PRESIDING OFFICER. The Sen- like. We have to be ready because what port. Many years ago, when we took up ator from Iowa. is on the shelf and what is in inventory this subject and had hearings and made Mr. HARKIN. Madam President, I is about all the men and women in the some progress on this issue, we had thank both the chairman and the rank- Armed Forces have when they have to some differences with the GAO over ing member for their attention, and move out with such swiftness now to their approach, over the way in which their responses. I know the Senators address the threats of today. they measured things. I don’t know and their staffs, on both sides, have I thank the Senator, but I just want- whether that is still a problem because, worked on this matter going back some ed to bring up that one note. again, we have just not had a chance to years. I appreciate that. Mr. HARKIN. I appreciate my friend review this report. It is very recent. We This seems like that whack-a-mole from Virginia mentioning that. That is have not had a chance to meet with the type thing; you keep hitting it and true. That is why I understand we have GAO or the Senator from Iowa and his something else pops up. From our side, to have some of this inventory. You are staff. the Defense Appropriations Sub- right, we should err on the side of cau- If the Senator is willing, I would committee side, I have been addressing tion in this area. But with the tremen- make a commitment—I know the this since 1995. GAO even said here: dous buildup we have and the amount

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.074 S21PT1 S6818 CONGRESSIONAL RECORD — SENATE May 21, 2003 of money we are talking about here, Senator may be recognized and then we of supercomputers by insisting that let’s face it, big mistakes can be made will return to that? this level not be exceeded, technology and things can happen. The PRESIDING OFFICER. Without catches up. Quite literally, the last I went back one time and I read a lot objection, it is so ordered. time we dealt with this, someone could about the old Truman Commission in The Senator from Utah. go down to Toys-R-Us and buy a Sony World War II that was set up. Here we Mr. BENNETT. Madam President, I PlayStation and have a device with were, World War II, and we had to re- thank the distinguished chairman and more MTOPS in it than we were allow- spond, as the Senator knows, rapidly at my friends on the Democratic side for ing to be exported in the name of pro- that time. We had to go almost from allowing me to make this presentation. tecting supercomputers from falling nothing to build up an Air Force and a AMENDMENT NO. 776 into improper hands. Navy and an Army. The enemy was at Mr. BENNETT. Madam President, I This matter has been discussed at our gates. But at the same time, the send an amendment to the desk. some length. It has been decided and Senate set up a special Committee then The PRESIDING OFFICER. The confirmed by the GAO that the use of under Senator Harry Truman of Mis- clerk will report. MTOPS as the measure for controlling souri. That commission did a number The legislative clerk read as follows: exports in this area is not productive of things. Some people went to jail. The Senator from Utah [Mr. BENNETT], for and that MTOPS no longer presents Some people paid fines. They saved the himself, Mr. REID, and Mr. ALLEN, proposes any kind of logical measure of what taxpayers literally—I don’t know if it an amendment numbered 776. has happened. Nonetheless, it is writ- was billions, at least hundreds of mil- Mr. BENNETT. Madam President, I ten into the law that MTOPS should lions of dollars at that time, which ask unanimous consent that reading of remain as our present measure. would translate into billions at today’s the amendment be dispensed with. My amendment would repeal that re- inflated levels. They did that in the The PRESIDING OFFICER. Without quirement in the law. It is supported midst of the Second World War. objection, it is so ordered. by virtually everyone who understands I am just saying we need some more The amendment is as follows: the reality of where we are in the high- oversight, and we need some better ac- (Purpose: To repeal the MTOPS requirement tech industry. counting practices and inventory con- for computer export controls) I would go on to debate the amend- trol systems. At the end of subtitle D of title X, add the ment at greater length and outline its Maybe the chairman did not hear me following: need, but I understand from conversa- when I said earlier, half facetiously, a SEC. 1039. REPEAL OF MTOPS REQUIREMENT tions with the chairman’s staff and couple years ago maybe that when we FOR COMPUTER EXPORT CONTROLS. with the Parliamentarian that this are contracting out we ought to con- (a) REPEAL.—Subtitle B of title XII of, and amendment would not be considered tract out inventory control to Wal- section 3157 of, the National Defense Author- relevant to this bill at this time. For Mart. They don’t lose much. They keep ization Act for Fiscal Year 1998 (50 U.S.C. that reason, I will withdraw the track of everything. As the chairman App. 2404 note) are repealed. amendment. knows, there are some new tech- (b) CONSULTATION REQUIRED.—Before im- Mr. REID. Madam President, will the nologies out there that are coming on plementing any regulations relating to an export administration system for high-per- Senator yield? line that will allow us to track—— formance computers, the President shall Mr. BENNETT. I am happy to yield. The PRESIDING OFFICER. The time consult with the following congressional Mr. REID. I appreciate very much of the Senator from Iowa has expired. committees: the Senator offering this amendment. Mr. HARKIN. I ask unanimous con- (1) The Select Committee on Homeland Se- He and I have worked on this matter sent for a couple more minutes. curity, the Committee on Armed Services, through several Congresses. It is an ex- Mr. WARNER. There is no objection and the Committee on International Rela- tremely important amendment. It is on this side. tions of the House of Representatives. unfortunate that it is not going to be The PRESIDING OFFICER. Without (2) The Committee on Armed Services, the relevant to this matter. I hope there is objection, it is so ordered. Committee on Foreign Relations, and the Committee on Banking, Housing, and Urban some way during this Congress that we Mr. HARKIN. Maybe some of this can expedite this most important new technology would be what would Affairs of the Senate. (c) REPORT.—Not later than 30 days after amendment which the Senator is talk- help us get more control. implementing any regulations described in ing about. I thank the chairman. subsection (b), the President shall submit to Talking about job creation, this is a AMENDMENT NO. 774 WITHDRAWN Congress a report that— way to create jobs—get rid of this arbi- Madam President, I ask unanimous (1) identifies the functions of the Secretary trary rule that at one time may have consent to withdraw my amendment. I of Commerce, Secretary of Defense, Sec- had a little bit of reason but now has retary of Energy, Secretary of State, Sec- look forward to working with the absolutely no reason to be on the stat- chairman and ranking member to try retary of Homeland Security, and any other relevant national security or intelligence utes of this country. to get a better handle on this. Our current MTOPS metric measure Mr. WARNER. We thank our col- agencies under the export administration system embraced by those regulations; and which is used to regulate the export of league very much. (2) explains how the export administration U.S.-made technology hardware is out- The PRESIDING OFFICER. Without system will effectively advance the national dated, hurts our high-technology in- objection, the amendment is with- security objectives of the United States. dustry, and should be better crafted to drawn. Mr. BENNETT. Madam President, address our Nation’s specific security Mr. LEVIN. Madam President, I sug- this amendment deals with the subject concerns. gest the absence of a quorum. which I have dealt with before. It has The PRESIDING OFFICER. The If U.S. companies are to effectively to do with the National Defense Au- clerk will call the roll. compete outside the United States in The legislative clerk proceeded to thorization Act which requires the foreign markets, the current MTOPS call the roll. President to use as a measure for com- metric measure must be repealed. Mr. BENNETT. Madam President, I puter performance in setting export Once repealed, the current MTOPS ask unanimous consent that the order control thresholds a measurement measure will remain applicable to all for the quorum call be rescinded. known as MTOPS, which stands for export controls until the President, The PRESIDING OFFICER. Without millions of theoretical operations per after consultation with the Committee objection, it is so ordered. second. on Armed Services, the Committee on Mr. WARNER. Madam President, The interesting thing about MTOPS Foreign Relations, and the Committee parliamentary inquiry: My under- is that, like Topsy, which sounds like on Banking, Housing, and Urban Af- standing is that the Bingaman amend- they are named after, they are con- fairs of the Senate has taken into con- ment is the order at this point in time. stantly growing, and the level of sideration all relevant and necessary The PRESIDING OFFICER. That is MTOPS keeps growing from 4,000 to security concerns to ensure that U.S.- the next amendment to be considered. 8,000 to 16,000 to 56,000, and on and on. developed technology cannot be abused Mr. WARNER. Could that tempo- Every time we set an MTOPS level as for the purposes of tyranny and ter- rarily be set aside for 5 minutes so the saying we can control the exportation rorism.

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.077 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6819 The President shall also consult with The amendment proposes to require at least for partial deployment of sys- the Secretary of Commerce, Secretary specific authorization from Congress if tems. It is my fear a similar result of Defense, Secretary of Energy, Sec- we are going to proceed to design or de- could happen with regard to this space- retary of State, Secretary of Homeland velop or deploy hit-to-kill interceptors based test bed; that is, the initial field- Security, and any other relevant na- or other weapons we intend to have ed satellites would be converted, like tional security or intelligence agency placed in space. the ground system at Fort Greely, to a under the export administration sys- This is an issue that has not had a fielded weapons system in space. tem affected by the MTOPS provisions. great deal of debate in the Senate in For that reason, I think it is impor- We must act now to protect our sta- recent years. In fact, I think we dis- tant we make clear—we in the Con- tus as world leaders in technology de- cussed it some when the former Presi- gress make clear—we do not want that velopment. dent Bush—not this President Bush, to happen, we do not want funds in this In the interests of national security but the former President Bush—had his bill used for design and development and economic productivity, we must proposal for the program called Bril- and deployment of weapons in space clear a path to reform the current liant Pebbles. But there has not been a unless Congress focuses on the issue MTOPS metric measure that is unnec- lot of discussion in the last few years. and actually authorizes that action to essarily restraining our high-tech- I do not believe this issue was ad- take place. nology industry. dressed, either, in the markup of the There is a great deal I could point to AMENDMENT NO. 776 WITHDRAWN Defense authorization bill in the here that elaborates on what I have Mr. BENNETT. Madam President, I Armed Services Committee. In my been saying. I think the main point I thank my friend from Nevada. I will view, it is a very important issue. want to make, again, is I do not believe tell him, there is a way this can be Specifically, within this program most Americans support the notion done this Congress. It is my under- there is a new start for fiscal year 2004 that the United States should become standing an attempt will be made in that is titled: ‘‘Space-Based Inter- the first country to deploy weapons in the House to place this amendment in ceptor Test Bed.’’ This program pro- space. I do not think a military need the bill in the House where it does not poses to develop a test bed in outer has been demonstrated. In particular, I run into the relevancy difficulty I ran space consisting of several satellites do not think the administration and into here today. that would deploy kinetic energy the Congress should do so without a I would hope our chairman and rank- rounds to strike missiles in their boost thorough discussion and debate about ing member, when they get to con- phase. They also, of course, could be the issue, so that we, in fact, know ference, if they find the language in the used to strike satellites as well. what we are doing and the implications bill, would feel so disposed to accept it I have great concern with this whole of what we are doing. as it becomes a conferenceable item. proposal. As all colleagues know, as a This is a very large step for us to Madam President, I withdraw my nation this President chose to with- take, to become the first nation to pro- amendment. draw from the ABM treaty. Now, the ceed to put weapons in space, and I do The PRESIDING OFFICER. The ABM treaty did contain a prohibition not think this is something that should amendment is withdrawn. against deploying antiballistic missile be done lightly. This decision is one I The Senator from New Mexico. systems in space. As I see this new think we will hear about for a very AMENDMENT NO. 765 start that is in the bill the administra- long time, and I think it will have re- (Purpose: To require a specific authorization tion has proposed to the Congress, we percussions for a very long time. I of Congress before the conduct of the de- really are seeing here a follow-on to think this amendment I have proposed sign, development, or deployment of hit- our decision to withdraw from the tries to make it clear we do not want to-kill ballistic missile defense intercep- ABM treaty. In my view, it sends a to make that decision today, that the tors) very unfortunate signal to other coun- Congress has not debated this ade- Mr. BINGAMAN. Madam President, I tries—to China, to Russia, to North quately, that the Armed Services Com- call up amendment No. 765 and ask for Korea, to other countries—that might mittee has not debated this ade- its immediate consideration. have capability to follow our lead. quately, and we are not prepared today The PRESIDING OFFICER. The It essentially sends them the signal to authorize—or at least we have not as clerk will report. that we are beginning the process of yet, in my view, taken the step of spe- The legislative clerk read as follows: weaponizing space. This is not a signal cifically authorizing the design and de- The Senator from New Mexico [Mr. BINGA- I think this Congress or this adminis- velopment and deployment of weapons MAN] for himself, Mr. DORGAN, Mr. REED, and tration should be sending. in space. Mr. BIDEN, proposes an amendment num- I note we have a longstanding policy, Mr. President, how much time re- bered 765: a policy that has been in place since mains? At the end of subtitle C of title II, add the President Eisenhower was in the White The PRESIDING OFFICER (Mr. following: House, not to put weapons in space. CORNYN). EIGHT MINUTES REMAIN. SEC. 225. REQUIREMENT FOR SPECIFIC AUTHOR- There is a crucial distinction I want to IZATION OF CONGRESS FOR DESIGN, Mr. BINGAMAN. Mr. President, let DEVELOPMENT, OR DEPLOYMENT make here between using space for me just talk about one other aspect. OF HIT-TO-KILL BALLISTIC MISSILE military purposes and actually putting The Pentagon’s Missile Defense Agen- INTERCEPTORS. weapons in space. We do use space for cy, which oversees missile defense re- No amount authorized to be appropriated military purposes. We use space for research and development, did an inter- by this Act or any other Act for research, de- connaissance. We use space to gather velopment, test, and evaluation, Defense- view in February talking about their wide, and available for Ballistic Missile De- information in a great variety of ways so-called space-based test bed, which is fense Systems Interceptors (PE 060886C), to support our defense needs. But we what I am addressing my amendment may be obligated or expended to design, de- have never stepped over the threshold to here. velop, or deploy hit-to-kill interceptors or and actually put weapons in space. I The thrust of what they described in other weapons for placement in space unless think for us to choose to do so is a very that interview was they intend to field specifically authorized by Congress. important decision which should not be satellites armed with multiple hit-to- Mr. BINGAMAN. Madam President, I taken lightly and should not be taken kill interceptors that are capable of de- offer this amendment on behalf of my- without great care. stroying a ballistic missile through a self, Senator DORGAN, Senator REED, This program that is in the bill con- high-speed collision shortly after it is and Senator BIDEN. This is an amend- tains a seed element which I think launched. ment I hope can be approved to clarify should concern all Members. Under the This might be something we decide that this Congress, this Senate, does Department of Defense so-called Spiral we have to do, but, to my knowledge, not intend to be authorizing—by this Development Policy, initial test beds— that debate has not occurred in Con- bill, the language we have before us which is what this provision calls for— gress, and I do not want to see us pro- here in the legislation—does not intend but initial test beds, such as the ceeding down that road without the to be authorizing the weaponization of ground-based test bed at Fort Greely, Congress having focused on it, having space. are seen as being used simultaneously, actually specifically authorized it.

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.017 S21PT1 S6820 CONGRESSIONAL RECORD — SENATE May 21, 2003 Therefore, my amendment tries to am aware that we put substantial fund- tention until the floor. But there are a clarify that is, in fact, what is required ing in and most of that funding was for number of issues which are brought to before we can proceed down that road. research. our attention for the first time on the There is funding also in this same Mr. WARNER. That is correct. floor. I hope any of us can support program element, and that is the PE Mr. BINGAMAN. There is nothing in those issues when they are brought to 060886C. There is funding in there for my amendment that would interfere the floor. We ought to all feel free to do the ground-based interceptors, for their with research. What I am trying to that. development. head off is the actual design and devel- Mr. WARNER. I will save this debate Certainly that is a decision we have opment and deployment of space-based for another day. made as a country, and I am not trying weapons as part of this new program I yield the floor. to revisit that. I do think we go a sub- start. But research has proceeded. We The PRESIDING OFFICER. Who stantial additional step when we decide have funded it at a high level. I have yields time to the Senator from Colo- we are also going to be designing, de- supported that. rado? veloping, and deploying weapons in Mr. WARNER. The Senator is on my Mr. WARNER. I yield. space. We will do so. We will begin that time, and he is kind of getting into it The PRESIDING OFFICER. The Sen- process by setting up this so-called test a little bit. I need a few minutes here. ator from Colorado. bed in space. Those satellites will be We spent, as a nation, $1.8 billion on Mr. ALLARD. Mr. President, as the beginning of that process. space-based intercepts from 1985 to chairman of the Strategic Sub- I reserve the remainder of my time 1993. This is for $14 million to go in and committee, this is an issue on which and yield the floor. take a look at what has taken place in The PRESIDING OFFICER. Who we have held discussions. We have put years prior thereto, by virtue of an ex- together the provisions that deal with yields time? penditure of $1.8 billion, to determine The Senator from Virginia. many of the modernization elements of the feasibility of whether this concept the defense and Armed Forces of the Mr. WARNER. It is my under- should be resumed. Essentially you are standing I have 15 minutes under my country. This is an amendment that stopping us from even taking a look at did not get brought forward during de- control. this enormous investment which has The PRESIDING OFFICER. The Sen- liberation in the subcommittee, nor de- been expended to determine whether ator is correct. liberation in the Armed Services Com- Mr. WARNER. I wonder if I may ask we should once again begin in a sub- mittee, as far as I recall. my colleague a question or two. For stantial way to look at space-based I am concerned about continued ef- many years you served on the Armed interceptors. That is what is before the forts on the floor of the Senate to sty- Services Committee. You have a com- Senate, $14 million to go back and look mie our reaching out to new tech- plete familiarity as to how we address at a program of $1.8 billion. It is for nology. We have had an amendment issues. My recollection—and I don’t that reason that we vigorously oppose concerning low-yield nuclear weapons think it is to be disputed—of the mark- the amendment. that allows for a study to think about I yield the floor at this time. I see up in the subcommittee is, when we what our alternatives might be. We the chairman of the subcommittee. looked at this line of funding, no one have had amendments here concerning The PRESIDING OFFICER. Who on your side of the aisle or anyone else robust nuclear earth penetrators, just yields time? raised an issue. We went to full mark- to study the concept. Mr. LEVIN. How much time does up, and no one raised an issue about it. Here is another concept that the each side have? Essentially you are coming in, which committee has decided we should you have a perfect right to do, but you Mr. WARNER. Each side had 15 minutes. I am not sure for which side the study. It seems to me that in a modern are coming in to kill a program. Am I military, these are things we should be not correct, this amendment kills the distinguished ranking member is speaking. looking at. Things are changing. program? I commend the President’s Secretary Mr. BINGAMAN. Let me respond that The PRESIDING OFFICER. The sponsor has 5 minutes 43 seconds re- of Defense. He is trying to modernize I am certainly not trying to kill the our military forces, get them to work development of any of the program maining. Mr. LEVIN. How much time does the together on the battlefield more than that is ground based. I am saying, how- we ever had before. We saw that happen ever, that we should not proceed to es- sponsor have remaining? The PRESIDING OFFICER. Five in Iraq. These are all issues that are tablish, to design, develop, and deploy part of a joint force effort. a space-based weapons capability ab- minutes 43 seconds. Mr. LEVIN. And the opposition? I hope we can defeat the amendment. sent some debate about it. I oppose the Bingaman amendment. Mr. WARNER. Mr. President, that is The PRESIDING OFFICER. Ten and a half minutes. Again, it prohibits us even taking the quite clear. time to study the concept. After you do Is the answer to my question, yes, Who yields time? the study, you list the pros and cons you are trying to kill the initiation of Mr. WARNER. I think it is important and then decide if this is something an element that could lead to space- that we hear from the ranking member you want to move forward, whether it based weapons? Isn’t that correct? because I have asked a question. We did Mr. BINGAMAN. That is correct. I not address this at all in the sub- is feasible. We need to gather facts on think that should not be done without committee or full committee markup. I actual costs. We may decide, after much more deliberation than we have presumed, since it was in our bill—I doing the study, that it is too expen- given it. say respectfully to my colleague—I be- sive. On the other hand, we may do the Mr. WARNER. I just point out that lieve he was here to support the bill as study and look at the threats facing on your side of the aisle, participating written. I come at somewhat of a sur- the country and say: This is something actively in markup in the full com- prise now on exactly where my distin- we need to be doing. mittee, there was no effort to examine guished colleague from Michigan is on It is foolhardy that we have amend- it. this amendment. ments that continually keep coming up The next question I ask my col- Mr. LEVIN. Well, I certainly am not that don’t allow us to study our alter- league: Are you aware how much committed to the bill as written be- natives. We need to have the studies. money the taxpayers of this Nation put cause there are a number of provisions We need to be thinking about what in previous programs for space-based in the bill that I opposed in committee kind of threats and what we want the weaponry prior to when President Clin- and that I have opposed on the floor. military to look like 10, 20, 30 years ton—I don’t say this in a critical way; Mr. WARNER. But there was no op- down the road. it is just a fact way—determined that position in the course of the markup, I hope other Members of the Senate we would not put another dollar in either in subcommittee or full com- will join me in opposing this amend- space based? mittee. ment. Mr. BINGAMAN. Mr. President, in Mr. LEVIN. The chairman is correct. The PRESIDING OFFICER. The Sen- response to my colleague’s question, I This issue was not brought to my at- ator from Michigan is recognized.

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.083 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6821 Mr. LEVIN. Mr. President, I wonder No amount authorized to be appropriated funding that could be stretched to inch if I can get the attention of the Sen- by this Act for research. . . . our way—perhaps through the back ator from New Mexico, and Senator AL- It is right in there. door, if you will—into placing weapons LARD as well. I ask the Senator from Mr. BINGAMAN. I think the opera- in space. I think that is such a critical New Mexico to yield me 1 minute. tive language is on page 2, where I say and important issue that we not only Mr. BINGAMAN. I yield to the Sen- what this sentence is intended to have to debate it but we should decide ator as much time as he needs. mean: that no amount authorized to be it, not scientists and technologists in Mr. LEVIN. The Senator from—— appropriated by this act for research, the Department of Defense. I cannot Mr. WARNER. Mr. President, just a development, test, and evaluation may think of any scientist who would not minute. In a conscientious effort to re- be expended for design, development, like more permission to study more solve this, I ask unanimous consent or the deployment of these types of things. that each side be given another 5 min- weapons in space. So I urge, hopefully, the resolution of utes. I think I have made it very clear we this amendment. If it is not resolved Mr. REID. No objection. are trying to head off the use of funds and comes to a vote, I hope we can sup- The PRESIDING OFFICER. Without for designing weapons in space until port the Senator from New Mexico. objection, it is so ordered. Congress has a chance to debate this I yield back my time. Mr. LEVIN. The Senator from Vir- issue and until there is a specific au- Mr. LEVIN. Mr. President, I suggest ginia and the Senator from Colorado thorization required. the absence of a quorum. have raised a point that there has been Mr. WARNER. Mr. President, I think The PRESIDING OFFICER. The a significant amount of money that has there is some expression by our col- clerk will call the roll. been invested in this item, and there league to amend the amendment. I The assistant legislative clerk pro- should not be a prohibition on review- take that in good faith. I believe we ceeded to call the roll. ing the work, studying the work, on need a little time to examine this pro- Mr. REID. Mr. President, I ask unan- doing research in this area. As I under- posal. The chairman of the sub- imous consent that the order for the stand the language in the amendment quorum call be rescinded. of the Senator from New Mexico, it is committee, the Senator from Colorado, is prepared to sit down with the Sen- The PRESIDING OFFICER. Without not intended to prevent studies or, in- objection, it is so ordered. deed, research. It is intended to say ator and see what we might be able to do to bridge the gap because this is es- Mr. REID. Mr. President, I have spo- that before you get to the design stage, ken to the two managers of the bill. which is beyond research and beyond sentially another vote, as it is now written, to stop the program cold, to They are both in agreement that we studies, you come back for specific au- could set aside the Bingaman amend- thorization. put in a ban. We have been through a ment and move to the next amendment So the point being made is, if the series of votes on that now and, thus which would be offered, and that is by Senator from New Mexico is not in- far, we have prevailed to not let bans tending to prevent a review of all the be put in place, and here is another one Senator DAYTON. Senator DAYTON is of- work, which was done apparently in coming up. fering an amendment on buy America. the 1980s, and is not intending to pre- So, in good faith, we will take a look He has agreed to 30 minutes equally di- vent studies or even research under 6.0, at such amendments that the Senator vided. We would, of course, have the 6.1, and 6.2, I wonder whether the Sen- may wish. Therefore, I simply ask normal agreement that no second-de- ator from New Mexico would be willing unanimous consent that this amend- gree amendments will be offered. to make that clear and explicit in that ment be laid aside for a period of time. So I ask unanimous consent that we amendment, if that addresses satisfac- Mr. BINGAMAN. Prior to that, I set aside Bingaman and move now to torily the issue raised by the Senator yield 3 minutes to the Senator from the Dayton amendment, and that no from Virginia. Rhode Island. He has been waiting to second-degree amendments be in order I have just talked to the Senator speak on this general issue, if that is prior to the vote on the matter. from New Mexico. There is no intent in possible. The PRESIDING OFFICER. Without the language to prevent a study of pre- Mr. WARNER. We have no objection objection, it is so ordered. vious work. All this language says is if the Senator takes some time to Mr. REID. It would be in the usual that before you begin the design speak. form in relation to any language that stage—that is beyond pure research— Mr. BINGAMAN. We can postpone a might be stricken. The PRESIDING OFFICER. Without before you begin the design and devel- vote until we visit. objection, it is so ordered. opment stage, come back and get spe- The PRESIDING OFFICER. The Sen- The Senator from Minnesota. cific authority. I don’t think that is ator from Rhode Island is recognized. what is intended to be done with this Mr. REED. Mr. President, I want to AMENDMENT NO. 725 money this year, from what the chair- underscore the major issue that the Mr. DAYTON. Mr. President, I call man and Senator ALLARD have said. Senator from New Mexico is raising up amendment No. 725. So I ask the question of the Senator and that is the weaponization of space. The PRESIDING OFFICER. The from New Mexico whether the Senator We have talked today earlier about dif- clerk will report. would be willing to add language to his ferent nuclear programs and should we The assistant legislative clerk read amendment that nothing in here is in- have low-yield weapons bans or robust as follows: tended to prevent the study of the hit- nuclear earth penetrator bans. But the The Senator from Minnesota (Mr. DAYTON), to-kill capability, or previous analyses, realm of nuclear weaponry has been for himself, and Mr. FEINGOLD, proposes an or research prior to the design stage? upon us now for five decades. amendment No. 725. Mr. BINGAMAN. Mr. President, in To date, we have been successful in Mr. DAYTON. Mr. President, I ask response to my colleague’s question, I preventing weapons from being de- unanimous consent that the reading of think it is very clear what my amend- ployed in space. So this is a completely the amendment be dispensed with. ment is trying to do, that the Depart- different issue. This is not the issue of The PRESIDING OFFICER. Without ment of Defense cannot obligate or ex- shall we do more of what we have been objection, it is so ordered. pend funds to design, develop, or deploy doing for 50 years. This is a threshold The amendment is as follows: hit-to-kill interceptors or other weap- question: Do we want to introduce (Purpose: To strike section 833, relating to ons for placement in space, unless they weapons into space? And will this in- waiver authority for domestic source or get specific authorization. troduction come surreptitiously, innoc- content requirements) So if they want to do more research uously by research programs that put Strike section 833. or go back and look at previously per- weapons in space for a test bed without Mr. DAYTON. I ask unanimous con- formed research or analyses, certainly debate in the U.S. Congress on behalf sent that the Senator from Wisconsin, I have no problem with that. I think of the American people and a clear de- Mr. FEINGOLD, be added as a cosponsor that is—— cision? to this amendment. Mr. WARNER. I draw the Senator’s I think that is the Senator’s amend- The PRESIDING OFFICER. Without attention to the first words: ment. He has identified programmatic objection, it is so ordered.

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.087 S21PT1 S6822 CONGRESSIONAL RECORD — SENATE May 21, 2003 Mr. REID. Mr. President, will the cient quantities and at reasonable prices as For 70 years, every administration Senator from Minnesota yield? when needed. . . . has been willing to make that effort. Mr. DAYTON. I yield. That is not unreasonable. That is not But not this administration, evidently, Mr. REID. Mr. President, Senator onerous. It says you must buy products because at their request the language WARNER, who has been so heavily en- grown or made or manufactured in the was inserted that says the Department gaged in this legislation, allowed me to United States except when the Sec- of Defense does not even have to try; go forward with a unanimous consent retary of Defense will determine, on his they can buy in the United States or request. However, it was brought to our sole authority, that it cannot be pro- they can buy in 21 other foreign coun- attention that there is a Senator who cured of satisfactory quality or suffi- tries, and the Secretary of Defense does wishes to offer a second-degree amend- cient times at reasonable prices as and not even need to be bothered with ment, or might want to offer a second- when needed. That is not even a ‘‘buy those decisions. They evidently do not degree amendment to this matter. I American’’ requirement but ‘‘try to consider it important enough to re- have consent that we go forward with buy American’’ requirement, try to quire him to do so. An Under Secretary the Dayton amendment but we would buy American products. can handle it. These are decisions that remove the time agreement. This administration does not even will decide whether some Americans Mr. WARNER. And recognize that want to try. They added into this com- keep their jobs and get new jobs. And there could be a second degree. mittee bill section 833 which, in perti- they say it is not that important. Mr. REID. That is right. If that does nent part, says: My colleagues, that is the question not come to be, we will worry about a Waiver of domestic source or content re- before the Senate today. Should we time agreement at a subsequent time. quirements just give up at this point in time, right The agreement is we are setting aside (a) AUTHORITY—Except as provided in subsection (f), the Secretary of Defense may now especially, a 70-year policy that Bingaman and moving to Dayton. waive the application of any domestic source creates or saves American jobs for The PRESIDING OFFICER. Without requirement or domestic content require- American citizens, when it is reason- objection, it is so ordered. ment referred to in subsection (b) and there- ably possible to do so? Or, no, no, it Mr. REID. Mr. President, I appreciate about authorize the procurement of items just really does not matter? the cooperation of the Senator from that are grown, reprocessed, reused, pro- It matters a great deal to millions of Minnesota. duced, or manufactured— Americans who are looking for work Mr. DAYTON. I know the Senator (1) in a foreign country that has a reciprocal defense procurement memorandum or today. It matters a great deal to their from Virginia and the Senator from agreement with the United States. husbands and their wives and their Nevada are working together on this That is 21 foreign countries. And it is children. It matters a great deal to me, and I am in good hands. not even so important that the Sec- which is why I brought this amend- The PRESIDING OFFICER. The Sen- retary himself or herself has to make ment forward. If it matters to the Sen- ator from Minnesota. that determination. ate today, Members will support my Mr. DAYTON. Mr. President, I call It grants later that: amendment. I urge my colleagues to do up this amendment and point out that (A) may not be delegated to any officer or so. at a time when millions of Americans employee other than the Under Secretary of I suggest the absence of a quorum. are unemployed, looking for jobs, un- Defense for Acquisition Technology and Lo- The PRESIDING OFFICER. The able to find jobs, and are suffering ter- gistics. clerk will call the roll. rible emotional and financial hardships If this bill passes with the current The assistant legislative clerk pro- as a result, it is astonishing to me that language, there will be 21 other coun- ceeded to call the roll. the administration would seek in this tries around the world which can be Mr. COCHRAN. Mr. President, I ask bill to move more American jobs to given equal priority as the United unanimous consent the order for the other countries. It is astonishing, but States of America for contracts that quorum call be rescinded. given this administration, it is not sur- provide jobs which are being paid for The PRESIDING OFFICER. Without prising. It is well on its way to becom- by American tax dollars. Those dollars objection, it is so ordered. ing the most anti-jobs administration had been appropriated and they will be Mr. COCHRAN. Mr. President, I com- in our Nation’s history. spent on the U.S. Armed Forces, to mend President Bush for his leadership Since President Bush took office 21⁄2 clothe them, feed them, and equip in invigorating our Nation’s missile de- years ago, 2.7 million jobs have been them with the best, which is what they fense programs. Just yesterday, the lost throughout the United States of deserve because they are the best President publicly released his vision America. In the first 3 months of this young men and women in the world and guidance to provide for a ballistic year alone, 500,000 jobs disappeared. and they proved their courage, their missile defense system. National Secu- The only idea for economic stimulus valor, and skills once again in Iraq, as rity Policy Directive 23 formalizes the that the administration has is to cut they have before so many times and as administration’s missile defense pol- taxes for the Americans who are al- they will probably be called upon to do icy, and it is consistent with the Na- ready rich, whether they work or not. again. They deserve the best. They tional Missile Defense Act of 1999, In this bill, the administration wants should get the best. Congress has made which is now Public Law 106–38. It was to gut the ‘‘buy American,’’ which is an clear in existing law that they will get adopted during the 106th Congress. existing law passed by the Congress in the best and they will get it when they The National Missile Defense Act 1933, which for the last 70 years, under need it. stated: Republican administrations, Demo- Current law says whenever it is rea- It is the policy of the United States to de- cratic administrations, has been a pol- sonably possible, however, to supply ploy as soon as is technologically possible an icy of this Congress—that we will at- those needs with goods and products effective National Missile Defense system ca- tempt to buy American. and equipment that are produced in pable of defending the territory of the United The Berry amendment was enacted in States against limited ballistic missile at- this country, using materials that are tack (whether accidental, unauthorized, or 1941, at the onset of World War II, ap- made, where feasible, in this country, deliberate) with funding subject to the an- plying specifically to the Department then do so, recognizing that will pro- nual authorization of appropriation and the of Defense procurements. It says, in vide an additional public benefit for annual appropriation of funds for National pertinent part: those expenditures of tax dollars of cre- Missile Defense. Provided: That no part of this or any other ating or saving jobs for Americans. If it With the President’s leadership, our appropriation contained in this Act shall be is not reasonably possible, the law Nation is now moving forward to pro- available for the procurement of any article says, then don’t, but at least try to buy vide the most technologically feasible of food or clothing not grown or produced in American. At least try to spend public defenses as soon as possible. the United States or its possessions, except funds in the United States rather than I commend the chairman of the to the extent that the head of the department concerned shall determine that articles in other countries. At least try to ben- Armed Services Committee and those of food or clothing grown or produced in the efit the U.S. economy rather than an- who have worked with him to craft this United States or its possessions cannot be other nation. At least care enough to authorization bill. It carries forward procured of satisfactory quality and in suffi- try. and builds upon the need for testing,

VerDate Jan 31 2003 01:30 May 22, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.090 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6823 development, and deployment of ade- The assistant legislative clerk pro- Of the amounts authorized to be appro- quate missile defense systems to proceeded to call the roll. priated for fiscal year 2004 for Ballistic Mis- tect not only our homeland but our Mr. BINGAMAN. Madam President, I sile Defense System Interceptors, $14,000,000 forces in the field and our interests ask unanimous consent that the order is available for research and concept definition for the space based test bed. around the world. for the quorum call be rescinded. Today, I am pleased to report that The PRESIDING OFFICER (Ms. COL- As I see the effect of this modified our national resolve and technological LINS). Without objection, it is so or- amendment, the general provision superiority are being brought to bear dered. would be agreed to that there cannot in ways not possible under the restric- Mr. BINGAMAN. Madam President, be funds used for either design or devel- tions of the Anti-Ballistic Missile what is the business before the Senate? opment or deployment of these weap- Treaty. The PRESIDING OFFICER. The ons in space out of these funds, with For the first time, our missile de- pending business is the Dayton amend- the only exception being that $14 mil- fense research and development efforts ment. lion is available for research and con- are being integrated at all levels. As a Mr. BINGAMAN. I ask unanimous cept definition with regard to this result, our Nation will benefit from de- consent that the amendment be set space-based test bed. That is an accept- ployed missile defense capabilities, aside and that we return to the amend- able alteration and one that still keeps while we continue to test and field ment I offered, No. 765. intact the basic provision I intended technologies in logical increments. The PRESIDING OFFICER. Is there with my amendment. On that basis, I We are moving forward with one inte- objection? have agreed to modify it. grated program consisting of several Mr. MCCAIN. Reserving the right to I yield to Senator ALLARD. I know he elements rather than separate pro- object, how long will it take? wants to describe the amendment. grams linked in name only. In short, Mr. ALLARD. About 2 minutes. The PRESIDING OFFICER. The Sen- the evolutionary and integrated ap- Mr. MCCAIN. I do not object. ator from Colorado. proach to research and development The PRESIDING OFFICER. Without Mr. ALLARD. First, I thank the will allow defensive capabilities to be objection, it is so ordered. sponsor of the amendment, Senator fielded years before they otherwise AMENDMENT NO. 765, AS MODIFIED BINGAMAN, for working in this com- might have. Mr. BINGAMAN. Madam President, I promise language. We do maintain, out Systems we are pursuing are capable send a modification of the amendment of the ballistic missile defense system of intercepting missiles throughout the to the desk. interceptors account, we have the $14 predicted flight path of various types The PRESIDING OFFICER. The Sen- million kept available for research and of ballistic missiles. The threat of ator has the right to modify his own concept definition for the space-based these missiles to our Nation, to our de- amendment. The amendment is so test bed. I thank Senator LEVIN and his ployed Armed Forces, and to our allies modified. contribution to help us work out the exists today. It is prudent to continue The amendment, as modified, is as compromise, as well as the chairman, with the immediate testing and field- follows: Senator WARNER. ing of the variety of systems needed to At the end of subtitle C of title II, add the I am prepared to yield back the re- counter these challenging threats. following: mainder of my time. The other side is Testing to date has proven to be in- SEC. 225. REQUIREMENT FOR SPECIFIC AUTHOR- prepared to yield back the remainder creasingly promising. Next year, IZATION OF CONGRESS FOR DESIGN, DEVELOPMENT, OR DEPLOYMENT of their time. Then we are ready to ground-based interceptors in Alaska OF HIT-TO-KILL BALLISTIC MISSILE voice vote. and California will be activated and INTERCEPTORS. The PRESIDING OFFICER. Is there will serve as a foundation upon which (a) No amount authorized to be appro- further debate on the amendment? continental defenses may later be ex- priated by this Act for research, development, test, and evaluation, Defense-wide, If not, the question is on agreeing to panded. Testing locations along a Pa- amendment No. 765, as modified. cific test-bed will allow for near-term and available for Ballistic Missile Defense The amendment (No. 765), as modi- defense against rogue threats. System Interceptors (PE 060886C), may be obligated or expended to design, develop, or fied, was agreed to. We will continue to develop and test deploy hit-to-kill interceptors or other weap- incrementally. The plan is to field sys- Mr. BINGAMAN. Madam President, I ons for placement in space unless specifi- move to reconsider the vote. tems as we go and build upon capabili- cally authorized by Congress. ties as they are tested and proven. (b) Of the amounts authorized to be appro- Mr. ALLARD. I move to lay that mo- Ground- and sea-based interceptors, priated for fiscal year 2004 for Ballistic Mis- tion on the table. additional Patriot, PAC–3, units, and sile Defense System Interceptors, $14,000,000 The motion to lay on the table was sensors based on land, at sea, and in is available for research and concept defini- agreed to. tion for the space based test bed. space are planned for operational use AMENDMENT NO. 783 TO AMENDMENT NO. 725 in 2004 and 2005. We will work with our Mr. BINGAMAN. Madam President, The PRESIDING OFFICER. The Sen- allies to upgrade key early-warning ra- let me explain to my colleagues what ator from Arizona. we have done, both working with Sen- dars to help enhance capabilities. Mr. MCCAIN. Madam President, I Equally promising systems will be ator LEVIN and Senator ALLARD and send a second-degree amendment to the deployable much sooner, due to the ad- Senator WARNER and the various staff desk and ask for its immediate consid- ministration’s incorporation of an ag- who have worked on this issue. eration. First, let me describe very briefly gressive research, development, and The PRESIDING OFFICER. The what my amendment does. The lan- testing regimen. clerk will report the amendment. In developing defensive capabilities guage of the amendment I offered The legislative clerk read as follows: along the land, sea, air, and space spec- originally was fairly clear in that we trum, our missile defense system will were trying to restrict the use of funds The Senator from Arizona [Mr. MCCAIN] help protect our homeland and inter- in a particular program element so proposes an amendment numbered 783 to the that they could not be used, obligated, language proposed to be stricken by amend- national interests, as well as con- ment No. 725. tribute to the defense of our Allies. or expended to design, develop, or de- The President has made clear that ploy hit-to-kill interceptors or other Mr. MCCAIN. Madam President, I ask defending the American people against weapons for placement in space unless unanimous consent that reading of the the threats to our homeland and our there was specific authorization by amendment be dispensed with. sovereignty is the administration’s Congress. That is an important provi- The PRESIDING OFFICER. Without highest priority. I commend the Presi- sion to try to get into the law. And in objection, it is so ordered. dent for this leadership. order to do that, I have agreed to a The amendment is as follows: Mr. President, I suggest the absence modification of that which Senator AL- (Purpose: To propose the insertion of matter of a quorum. LARD recommended. in lieu of the matter proposed to be stricken) The PRESIDING OFFICER. The That modification would add a sub- In lieu of the matter proposed to be strick- clerk will call the roll. section (b) that would say: en, insert the following:

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.093 S21PT1 S6824 CONGRESSIONAL RECORD — SENATE May 21, 2003 SEC. 833. WAIVER AUTHORITY FOR DOMESTIC ‘‘(2) The Javits-Wagner-O’Day Act (41 doing now is to set up protection for SOURCE OR CONTENT REQUIRE- U.S.C. 46 et seq.). other industries—primarily, the de- MENTS. ‘‘(3) Sections 7309 and 7310 of this title. (a) AUTHORITY.—Subchapter V of chapter fense industries in the United States— ‘‘(4) Section 2533a of this title. by prohibiting the United States from 148 of title 10, United States Code, is amend- ‘‘(g) RELATIONSHIP TO OTHER WAIVER AU- purchasing military equipment that is ed by adding at the end the following new THORITY.—The authority under subsection section: (a) to waive a domestic source requirement manufactured in other countries which ‘‘§ 2539c. Waiver of domestic source or con- or domestic content requirement is in addi- is the effect of the Dayton amendment. tent requirements tion to any other authority to waive such re- It is rather remarkable because we just ‘‘(a) AUTHORITY.—Except as provided in quirement. came out of a conflict from which we subsection (f), the Secretary of Defense may ‘‘(h) CONSTRUCTION WITH RESPECT TO LATER suffered Americans dead and wounded. waive the application of any domestic source ENACTED LAWS.—This section may not be One would think that the priority requirement or domestic content require- construed as being inapplicable to a domes- should be not where the equipment is ment referred to in subsection (b) and there- tic source requirement or domestic content manufactured, whether it be in the by authorize the procurement of items that requirement that is set forth in a law en- United States or England, Great Brit- are grown, reprocessed, reused, produced, or acted after the enactment of this section manufactured— solely on the basis of the later enactment. ain, one of our closest and most stead- ‘‘(1) in a foreign country that has a Dec- ‘‘(i) DECLARATION OF PRINCIPLES.—(1) In fast allies, a friend whose men and laration of Principles with the United this section, the term ‘Declaration of Prin- women fought alongside of ours, but States; ciples’ means a written understanding be- the question should be, What kind of ‘‘(2) in a foreign country that has a Dec- tween the Department of Defense and its equipment can best secure victory as laration of Principles with the United States counterpart in a foreign country signifying a quickly as possible with a minimum of substantially from components and mate- cooperative relationship between the Depart- casualties? rials grown, reprocessed, reused, produced, or ment and its counterpart to standardize or Believe it or not, there is equipment manufactured in the United States or any make interoperable defense equipment used that is manufactured in other coun- foreign country that has a Declaration of by the armed forces and the armed forces of tries which is superior to our own—de- Principles with the United States; or the foreign country across a broad spectrum ‘‘(3) in the United States substantially of defense activities, including— fense equipment—not many, because from components and materials grown, re- ‘‘(A) harmonization of military require- there is a tremendous imbalance be- processed, reused, produced, or manufactured ments and acquisition processes; tween the amount and kinds of equip- in the United States or any foreign country ‘‘(B) security of supply; ment that is purchased by our NATO that has a Declaration of Principles with the ‘‘(C) export procedures; Allies as opposed to the equipment United States. ‘‘(D) security of information; that is purchased by the United States ‘‘(b) COVERED REQUIREMENTS.—For pur- ‘‘(E) ownership and corporate governance; from our NATO Allies. But there still poses of this section: ‘‘(F) research and development; is some. For example, body armor. ‘‘(1) A domestic source requirement is any ‘‘(G) flow of technical information; and Body armor is used by the police de- requirement under law that the Department ‘‘(H) defense trade. of Defense satisfy its requirements for an ‘‘(2) A Declaration of Principles is under- partments, border patrol, and many item by procuring an item that is grown, re- pinned by a memorandum of understanding law enforcement agencies, but not by processed, reused, produced, or manufactured or other agreement providing for the recip- the American military, because it is in the United States or by a manufacturer rocal procurement of defense items between prohibited from doing so. Yet anyone that is a part of the national technology and the United States and the foreign country who compares that manufactured in industrial base (as defined in section 2500(1) concerned without unfair discrimination in the U.S. to that manufactured in the of this title). accordance with section 2531 of this title.’’. Netherlands will testify it is superior ‘‘(2) A domestic content requirement is any (b) CLERICAL AMENDMENT.—The table of requirement under law that the Department equipment. sections at the beginning of such subchapter What is our priority here in the Day- of Defense satisfy its requirements for an is amended by inserting after the item relat- item by procuring an item produced or man- ing to section 2539b the following new item: ton amendment? Is the priority to protect an American industry, and not ufactured partly or wholly from components ‘‘2539c. Waiver of domestic source or content and materials grown, reprocessed, reused, requirements.’’. allow our closest allies and friends to produced, or manufactured in the United compete to sell their products, their States. Mr. MCCAIN. Madam President, this defense equipment, to the United ‘‘(c) APPLICABILITY.—The authority of the amendment narrows the numbers of States of America, as we do in their Secretary to waive the application of a do- countries to six that would be eligible countries? Everything from F–16s, to mestic source or content requirements under under the provisions of the bill and subsection (a) applies to the procurement of tanks, to incredible amounts of mili- would modify the pending amendment tary equipment, because of our superi- items for which the Secretary of Defense de- to remove the restrictions that would termines that— ority, is purchased by our NATO allies, ‘‘(1) application of the requirement would be imposed by the pending amendment but we are going to be prohibited from impede the reciprocal procurement of de- at least in the case of six nations which purchasing any of theirs even if, in the fense items under a Declaration of Principles are our closest allies. judgment of the men and women in the with the United States; and Last week we passed an AIDS bill military who test these things and ‘‘(2) such country does not discriminate through the Senate, and there were nu- make the judgments, and the Secretary against defense items produced in the United merous amendments. One of them was of Defense—we are not going to buy it States to a greater degree than the United a very interesting amendment because even if it is better equipment because States discriminates against defense items it basically protected an industry in produced in that country. we want to protect an industry in the ‘‘(d) LIMITATION ON DELEGATION.—The au- the United States of America, thereby United States of America? We have thority of the Secretary to waive the appli- causing AIDS drugs to be only avail- seen this protectionism going on here cation of domestic source or content require- able at much higher prices, which then in the textile industry, even though ments under subsection (a) may not be dele- had the obvious effect of reducing the the Caribbean countries are decimated gated to any officer or employee other than number of people who will be treated because they cannot export their prod- the Under Secretary of Defense for Acquisi- for AIDS. I forget the vote. I think it uct to the United States. tion, Technology and Logistics. was 54 something to 40 something. Here we are talking about the lives of ‘‘(e) CONSULTATIONS.—The Secretary may grant a waiver of the application of a domes- By protecting a major American in- the men and women in the military. tic source or content requirement under sub- dustry, the pharmaceutical industry— Can we not at least allow our military section (a) only after consultation with the in the estimates of some—hundreds of to look at equipment made by our clos- United States Trade Representative, the Sec- thousands if not millions of people will est allies to see if it is superior; that retary of Commerce, and the Secretary of not be able to obtain a cure for AIDS we might want to purchase it just as State. because the drug money is obviously fi- they purchase massive amounts of ‘‘(f) LAWS NOT WAIVABLE.—The Secretary nite. military equipment from us? Is the of Defense may not exercise the authority I was embarrassed by that. I think under subsection (a) to waive any domestic Senator from Minnesota—who, unfor- source or content requirement contained in the Senator from Minnesota voted with tunately, is not on the floor to re- any of the following laws: the Senator from Massachusetts, Mr. spond—more interested in protecting ‘‘(1) The Small Business Act (15 U.S.C. 631 KENNEDY, in his amendment of which I an industry or more interested in pro- et seq.). was a cosponsor. Basically what we are tecting the lives of the men and women

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.021 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6825 fighting in the military? Don’t they de- purchase the best equipment no matter night, on the underlying amendment, serve the very best equipment we can where it is produced in the world so our and then possibly on the second-degree procure? I am sorry, you cannot have men and women in the military can amendment, and possibly after that the following equipment which is supe- best function in the safest and most ef- have a side-by-side vote on the Dayton rior to that made in Minnesota because ficient fashion. amendment. We don’t know whether or we want an industry in Minnesota to be I yield the floor. not that is possible. We are trying to protected. I don’t get it. Frankly, nei- The PRESIDING OFFICER. The Sen- work that out and to alert people of ther will the men and women in the ator from Nevada is recognized. the potential schedule for tonight. military who are unable to function in Mr. ENSIGN. Madam President, I ap- There is no agreement worked out yet. the most effective fashion if they are plaud the senior Senator from Arizona With that, Madam President, I sug- deprived of the ability to procure the for offering this second-degree amend- gest the absence of a quorum. most effective equipment. ment in the nature of a substitute. To The PRESIDING OFFICER. The We are talking about not every coun- characterize this amendment and this clerk will call the roll. try in the world but our closest allies; whole debate, we are getting down to The legislative clerk proceeded to we are talking about our closest where this is truly a referendum on the call the roll. friends—those who supported us in the people who supported us in the recent Mr. REID. Madam President, I ask war on Iraq and those who even sent war. Our closest allies—people we are unanimous consent that the order for troops, in the case of the British, to going to continue to go forward with in the quorum call be rescinded. fight alongside ours. a very uncertain world—are they peo- The PRESIDING OFFICER. Without If the Dayton amendment is ap- ple we are going to continue to work objection, it is so ordered. proved, no British manufacturer can closely with when it comes to times of Mr. REID. Madam President, fol- compete to sell equipment to the conflict? lowing the disposition of the matter United States military. How do you The waiver is only for those six coun- pending before the Senate—that is the justify that if it happens to be superior tries that worked with us very closely Dayton amendment and the second-de- equipment? In the name of protec- in the recent Iraq conflict. We are gree amendment offered by the Senator tionism, we would deprive the men and probably limiting it down too far, but from Arizona—I ask unanimous con- women in the military of the best we are doing that to try to at least say sent that the Senator from Washington equipment we can find for them to to the people who want the underlying be recognized to offer an amendment fight and risk their lives. Dayton amendment that we are going and make a statement and withdraw Well, I have a second-degree amend- to at least limit it to those six coun- the amendment. ment that states this removal of the tries that worked with us most closely The PRESIDING OFFICER. Without Buy America equipment would not in the last conflict. objection, it is so ordered. apply to our six closest Allies. I hope Right now, we sell to them and they Mr. REID. I suggest the absence of a my colleagues will see their way clear sell to us. We sell to them in much quorum. to vote in favor of it. greater numbers than they sell to us. The PRESIDING OFFICER. The Let me also tell my colleagues one Normally, when we are talking trade clerk will call the roll. other practical effect. We now tell around this body, most countries are The legislative clerk proceeded to these countries that we cannot, under selling more to us than we are to them. call the roll. any circumstances, buy their equip- Yet we are still trying to lower tariffs Mr. MCCAIN. Madam President, I ask ment. These are the same countries on a lot of those countries to try to in- unanimous consent that the order for that are buying billions of dollars of crease more trade back and forth. But the quorum call be rescinded. our military equipment—F–16s, in this case, we dominate the defense The PRESIDING OFFICER. Without Abrams tanks, Apache helicopters. The industry in the world. objection, it is so ordered. list goes on and on. If you are running This amendment could threaten the Mr. MCCAIN. Madam President, we a company and you manufacture mili- domination we have of the defense in- are waiting for the imminent return of tary equipment and you get the word dustry in the world. This amendment Senator WARNER so we can start a vote that the United States, under no cir- would say to our allies we want to sell on the second-degree amendment. cumstances, will purchase it from you, you our products, but we are not will- While we are waiting—F–16s: The Neth- what would you say about proposed ing to buy your products. This, in ef- erlands, Belgium, Norway, Denmark, purchases of American-made equip- fect, sets up a trade war with our clos- Singapore, United Arab Emirates; F– ment? I think the answer is obvious. est allies. Do we want to do that? No 18s: Switzerland, Finland, Canada, and These are all freely elected govern- one wins in a trade war. Everybody Australia; Tomahawk missiles: United ments, all governments that have to loses. This would send a very poor mes- Kingdom, Israel; F–15s and F–16s, respond to their constituents. What sage at exactly the wrong time to set AAMs, air to air missiles, 31 countries will they say? up a trade war. we sell those to. All of that equipment So the effect of this Dayton amend- Our closest allies worked with us, as is sold to these other countries, and ment, if passed, would be some $5.5 bil- we saw, in Iraq. They were working so they are at least under the under- lion, which is the difference between well together in training, with our standing that they can compete to sell what we buy from these countries and equipment, so that when we go into a some of their equipment in our Nation. what they buy from us on an annual conflict, our communications devices It is remarkable. I would imagine basis. I hope we will be able to adopt could talk to each other. If we set up that if the Dayton amendment goes the substitute. this kind of a trade war, we can threat- through, we will see cancellations of a I understand my colleague’s dismay en that type of integration in our number of those commitments to buy and unhappiness about the perform- training. that equipment from the United States ance of the French government and, to I fully support this amendment the of America. No other freely elected a lesser degree, the Germans and the Senator from Arizona has proposed government would do anything else. Belgians but I also remind my col- today. I think the underlying amend- I ask the Senator from Minnesota leagues there was a very large number ment is faulty, and we need to have again the following question: If there is of European countries that supported this second-degree amendment in the a country that is a close ally of ours us, even in the face of public opinion nature of a substitute to make sure we that can produce a better piece of mili- which was against the government pol- do not go down the wrong path. tary equipment at a lower price, and icy of supporting us in Iraq. So their I want to inform the rest of the Sen- our military decides it is the best with support will now be rewarded by a pro- ators what we are trying to do time- which we can provide our men and hibition from buying any military wise, as far as the schedule is con- women in the military, would the Sen- equipment they manufacture in their cerned. We are trying to work out a ator from Minnesota reject that? country. I don’t think that is fair. I unanimous consent agreement now to Mr. DAYTON. Madam President, I don’t think it is right. Most of all, I have a vote, hopefully somewhere would not, in answer to the Senator’s think it is wrong if we are not going to around 6 o’clock, if that is possible to- question, reject that. In fact, under

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.099 S21PT1 S6826 CONGRESSIONAL RECORD — SENATE May 21, 2003 current law, that is permitted. The That is a secondary public purpose. It hausting their unemployment benefits Secretary of Defense can determine does not conflict with the first, but because they cannot find jobs, to say under his sole authority that the items when it can complement the first, Con- we cannot even be bothered to try to in question can be bought. gress says do it that way. I yield the buy American before we go elsewhere I Mr. MCCAIN. Reclaiming my time, floor. think is shameful. Madam President. The PRESIDING OFFICER. The Sen- I yield the floor. Mr. DAYTON. The Senator asked me ator from Arizona. Mr. WARNER. I ask for the yeas and a question. Mr. MCCAIN. Madam President, nays. The PRESIDING OFFICER. The Sen- there is an old saying about everybody The PRESIDING OFFICER. Is there a ator from Arizona has the floor. is entitled to their opinion, but not ev- sufficient second? Mr. MCCAIN. The Senator from Min- erybody is entitled to their facts. The There is a sufficient second. nesota ought to read his own amend- Department of Defense, to whom we The yeas and nays were ordered. ment because the effect of his amend- give the responsibility to carry out the ment would be to prohibit these coun- procurement of weapons, says: Mr. WARNER. Before we commence the vote, I ask the distinguished Demo- tries from competing to sell their mili- These flexibilities— tary equipment in the United States of cratic leader if he would be willing to America. I think that is a great dis- Which are in the bill— agree to a firm time agreement on this service to the men and women in the are needed to counter restrictions that se- vote of 15 minutes to be followed im- military, and it is protectionism at its verely impede the ability of the Department mediately by a second vote of 10 min- of Defense to promote our national security utes. worst. policy that calls for standardization and I would hope my colleagues will vote interoperability of conventional defense The PRESIDING OFFICER. The for the second-degree amendment. I equipment used by U.S. armed forces and Democratic minority whip. yield the floor. used by the armed forces of our allies and co- Mr. REID. Reserving the right to ob- The PRESIDING OFFICER. The Sen- alition partners. The Department of Defense ject, Madam President, I ask the Sen- ator from Minnesota. should have authority to make exceptions to ator to modify his amendment so we Mr. DAYTON. Madam President, if I these restrictions in the interest of national would have a vote on the McCain security comparable to the public interest may respond to the Senator from Ari- amendment; regardless of the outcome zona, I believe the Senator misunder- exception authorized by the Buy America Act. By providing these flexibilities, Con- of the McCain amendment, that will be stands my amendment. My amendment gress better enables the Department of De- followed by a vote on the Dayton strikes the language in the committee fense to acquire the best equipment and amendment; that the McCain amend- bill that would change current law. My technology available, promotes improved ment be 15 minutes in length and the amendment returns us to existing law. readiness and capabilities of the U.S. armed Dayton amendment be 10 minutes in It is a law that has been on the books forces, strengthens coalition warfighting ca- length. for 70 years. It is a law that has been pabilities, promotes competition in contracting needs of the U.S. armed forces. . . . Mr. MCCAIN. Reserving the right to followed by Democratic and Repub- object, if the pending amendment pre- lican administrations. It permits ev- Obviously, the Department of De- vails, then it prevails. If the pending erything the Senator described in fense has a very different view of the amendment fails, then we would be terms of these various sales of equip- impact of this legislation than the Sen- agreeable to a voice vote. ment, machinery, food, light clothing ator from Minnesota. My colleagues Mr. REID. That may come later. At made by other countries when the Sec- can decide where the expertise lies. I this stage, the Senator from Minnesota retary of Defense shall determine on yield the floor. wishes a recorded vote. his sole authority that it is not reason- Mr. WARNER. Madam President, I ably possible to acquire those products thank my distinguished colleague. We Mr. MCCAIN. After his amendment made in the United States. It just says are ready to vote. has been second-degreed? try to buy American. It does not even Mr. DAYTON. Madam President, I Mr. REID. Yes. The arrangement we require it. It says try to buy American. would like to have one minute to make worked out—and that is why we modi- It is a law that was passed in 1933. a final comment, if I may. fied the unanimous consent request of The Barry amendment was added spe- Mr. WARNER. How much time does the distinguished Senator from Vir- cifically to the Department of Defense the Senator need? ginia. Regardless of the outcome of the in 1941. The Senate committee bill Mr. DAYTON. One minute. McCain amendment, we have asked for would change current law, and my Mr. WARNER. Of course. a vote on the amendment of the Sen- amendment simply strikes that change Mr. DAYTON. I thank the chairman. ator from Minnesota. in the committee bill. It simply reverts The PRESIDING OFFICER. The Sen- Mr. WARNER. That would be 10 min- us to current law, which has been good ator from Minnesota. utes? enough for Republican and Democratic Mr. DAYTON. Madam President, I Mr. REID. That is right. administrations for 70 years and per- acknowledge this current administra- The PRESIDING OFFICER. Does the mits just what the Senator said. tion in charge of the Department of De- Senator from Virginia so modify his I share the Senator’s desire, abso- fense is entitled to its point of view. I unanimous consent request? lutely. Our Armed Forces should have point out my amendment returns us to Mr. WARNER. So modified. the best—the best equipment, the best current law. That has worked and has The PRESIDING OFFICER. Without clothing, the best food, the best of ev- given to Secretaries of Defense, includ- objection, it is so ordered. erything. They should get it as rapidly ing the present one, discretion to do The question is on agreeing to as possible. They deserve it because what the Senator from Arizona de- amendment No. 783. they are the most courageous men and scribed has already been enacted or put The yeas and nays have been ordered. women anywhere in the world, and in effect in terms of defense procure- The clerk will call the roll. they proved that once again in Iraq. ment. Specifically, for all these years, Con- It also, however, says that American The legislative clerk called the roll. gress has made clear in existing law jobs are important. At this point in Mr. MCCONNELL. I announce that that none of that shall be sacrificed. time when we have lost 2.8 million jobs the Senator from New Mexico (Mr. Quality shall not be sacrificed, speed in this country since this administra- DOMENICI) is necessarily absent. shall not be sacrificed, nothing shall be tion took office, I think this is sympto- Mr. REID. I announce that the Sen- sacrificed. But when all things are matic of their lack of awareness and ator from North Carolina (Mr. ED- equal and we have a choice, buy Amer- concern for employing Americans and WARDS) is necessarily absent. ican because then those public dollars doing so whenever possible or putting The PRESIDING OFFICER (Mr. AL- are all going to have an additional ben- them back to work. For this Congress EXANDER). Are there any other Sen- efit of providing jobs or preserving jobs and the Senate to take the position, ators in the Chamber desiring to vote? in the United States of America rather with 2.8 million people out of work in The result was announced—yeas 50, than going to people overseas. the last 21⁄2 years looking for jobs, ex- nays 48, as follows:

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.101 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6827 [Rollcall Vote No. 191 Leg.] intend to offer. I have kept in very not make sense. I think it is an out- YEAS—50 close touch with the two managers of rage and an insult to the women who Alexander DeWine McConnell the bill. They know which amendments serve in our military. I would never Allard Dole Miller we now have. want to have to tell a woman in our Allen Ensign Murkowski Mr. WARNER. Mr. President, I think Armed Forces who is risking her life to Bennett Enzi Nickles Bond Fitzgerald Roberts the Democratic leader and I have pret- serve our country overseas that her Brownback Frist Santorum ty well stated the case for the evening. health care is irrelevant in the Senate. Bunning Graham (SC) Sessions Mr. REID. Senator SCHUMER is near The intent of the Defense authoriza- Burns Grassley Shelby Campbell Gregg ready to offer his amendment. That tion bill is to ensure that our military Smith Chafee Hagel will require a vote tomorrow for sure. has the resources and support it needs Snowe Chambliss Hatch Specter There are a couple of other amend- to protect all of us. The health of our Cochran Hutchison ments we are working on. female service members is certainly a Coleman Inhofe Stevens Collins Kyl Sununu Mr. WARNER. Might I inquire about key ingredient in a successful military. Cornyn Lott Talent the amendment of the Senator from Today, women are serving side by side Craig Lugar Thomas California? in combat situations and in hostile war Warner Crapo McCain Mr. REID. She has indicated that she zones. Women are a critical part of our NAYS—48 will not be ready to vote tonight. We military. They serve in leadership Akaka Dorgan Levin are going to have to work on that in roles, and they provide outstanding Baucus Durbin Lieberman the morning. The Senator from Cali- service. Their health care is relevant. I Bayh Feingold Lincoln Biden Feinstein Mikulski fornia has been working with our man- don’t know how many of my colleagues Bingaman Graham (FL) Murray ager. We hope to be able to work some- could come to the floor and argue any Boxer Harkin Nelson (FL) thing out on that. We don’t have that differently. Breaux Hollings Nelson (NE) finished yet. Byrd Inouye Pryor I thank the cosponsors of the amend- Cantwell Jeffords Reed We also have explained to the Sen- ment, including Senators SNOWE, Carper Johnson Reid ator from Virginia that Senator BYRD BOXER, CANTWELL, COLLINS, SCHUMER, Clinton Kennedy Rockefeller has a problem, and we are going to try JEFFORDS, and CORZINE. Conrad Kerry Sarbanes Corzine Kohl Schumer to work that out. My amendment would eliminate the Daschle Landrieu Stabenow Mr. WARNER. Mr. President, I am restrictions on privately funded abor- Dayton Lautenberg Voinovich working on that problem. It is a very tions only. It doesn’t change con- Dodd Leahy Wyden legitimate request. I am working on science clauses for military personnel. NOT VOTING—2 that tonight. It doesn’t require direct funding, and it Domenici Edwards Mr. REID. Until we get Senator would not result in a huge new mission The amendment (No. 783) was agreed BYRD’s problem resolved, we can’t have for military health care. to. time for final passage. Under current restrictions, women Mr. WARNER. Mr. President, I move Mr. WARNER. The Senator has made who volunteer to serve their country— to reconsider the vote. that case clear. So far as I know, I can and female military dependents—are Mr. LEVIN. I move to lay that mo- say for my side, I know of no request at not allowed to exercise their legally tion on the table. this time for a rollcall vote. We will guaranteed right simply because they The motion to lay on the table was work through the amendments this are serving overseas. These women are agreed to. evening. committed to protecting our rights as Mr. REID. Mr. President, I ask unan- Mr. LEVIN. Mr. President, will the free citizens. Yet they are denied one of imous consent that the rollcall on the Senator yield? Do we have a list of all the most basic rights accorded all Dayton amendment be vitiated. of the amendments on the Republican women in this country. Women depend The PRESIDING OFFICER. Is there side? on their base hospital and military objection? Mr. WARNER. I think we are pretty care providers to meet all of their Without objection, it is so ordered. near complete on that list. I have indi- health care needs. Singling out abor- Adoption of the McCain amendment cated to my colleagues that by this tion-related services could jeopardize a makes the Dayton amendment moot. time they should have brought the The PRESIDING OFFICER. The Sen- woman’s health. amendments to the managers. The truth is, women serving overseas ator from Nevada. The PRESIDING OFFICER. Under Mr. REID. Mr. President, under the have very few options when facing a the previous order, the Senator from order, the Senator from Washington is difficult pregnancy. They can seek care Washington is recognized. in a host country, but few countries to be recognized. Mrs. MURRAY. Mr. President, as I ask if my understanding is correct, have the standard of health care that many of my colleagues know, I have that there will be no more rollcall we take for granted here at home. come to the floor for 6 of the past 7 votes tonight? Senator WARNER and These women service members can years to offer the Murray-Snowe Senator LEVIN are going to work to see seek leave—not medical leave—and be how much of the bill can be completed amendment to lift the restrictions on transported back to the United States. tonight—maybe all of it. privately funded abortions for our mili- These are difficult options which put Mr. WARNER. Mr. President, I think tary women serving overseas. We have women’s lives in jeopardy. That is why that is a bit strong. The understanding offered this amendment virtually every retired GEN Claudia Kennedy, the on this side is that we would proceed year since 1996 with the hope that one Army’s first woman three-star general, on into the night. day women in the military would not supported my amendment. She has Quite candidly, I say to colleagues, be required to sacrifice their constitu- firsthand knowledge of women who we are hoping to, one way or another, tional right when they serve overseas. face this difficult experience, and she either accept the amendments or stack Since 1996, this amendment has twice wrote to me about one of those women. votes tomorrow morning which would passed on the Senate floor only to be She told me: be consistent with the Senator’s rep- killed during conference. This amend- [T]hat in a very vulnerable time, this resentation that there will no further ment has always been relevant and ger- American who was serving her country over- rollcall votes tonight. But tonight mane, even in postcloture debate. The seas could not count on the Army to give her many Senators are going to participate amendment simply ensures access to the care she needed. on the floor in the proposal of these safe and legal reproductive health care The impact of this unconstitutional amendments or action on them. for our military personnel. Access to restriction on women’s health is sup- Mr. MCCAIN. Mr. President, I ask the safe and legal health care is certainly ported by the American College of Ob- Senator from Nevada if we have all of relevant when discussing the Depart- stetricians and Gynecologists, the the amendments from that side which ment of Defense authorization bill. American Medical Women’s Associa- are going to be proposed? I find it extremely hard to under- tion, Physicians for Reproductive Mr. REID. No. The minority has not stand how after these 7 years this topic Choice and Health, and the National offered all the amendments which they is suddenly no longer relevant. It does Partnership for Women and Families.

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.019 S21PT1 S6828 CONGRESSIONAL RECORD — SENATE May 21, 2003 In the past, some have argued that Mr. DORGAN. Will the Senator yield It is a travesty of justice that the allowing privately funded abortions in for a question? Senator from Washington is not able to military facilities overseas would be a Mrs. MURRAY. I am happy to yield offer her amendment today. The same huge burden that the military couldn’t for a question. is true with concurrent receipt, and the meet. The PRESIDING OFFICER. The Sen- same is true with base closings. So I I wish to point out that the previous ator from North Dakota. would say there will not be a unani- administration endorsed my amend- Mr. DORGAN. Mr. President, I am mous consent request that gets consent ment and saw no problems imple- asking the Senator from Washington to to say on the next authorization bill menting this policy. yield for a question. we will limit ourselves only to relevant I also add that under current law the Frankly, I am surprised, and I think amendments. military is required to provide abor- it is a travesty that you are not able to It is quite clear now the definition of tion-related services when a woman’s offer your amendment. I do not under- ‘‘relevancy’’ has changed in a way that life is in jeopardy in the case of rape or stand on what legislation this would be disadvantages the Senator from Wash- incest. To say that the military cannot relevant if not this legislation. I know ington and others who want to offer provide this service calls into question you have offered it previously on the amendments that are clearly relevant that ability to meet current law. Defense authorization. I have voted for to this bill and have always been rel- In the past, we have had concerns it on the Defense authorization on pre- evant to this bill, but now we are dis- raised about objections from host coun- vious occasions. And this seems to me covering, for some reason, it has been tries. Abortion is illegal in many coun- to be the same kind of trap we have ruled nonrelevant. I think that is a tries, as is family planning for unmar- discovered now with respect to the travesty. ried women. In some countries, simply amendment dealing with concurrent I say to the Senator from Wash- allowing them to drive can violate receipts for retired veterans who also ington, would the Senator agree that local customs and laws. have been disabled who are prevented she would want to join those of us who I think the military has a long tradi- from collecting both. We are told that object to these further unanimous con- tion of respecting the laws and customs is not relevant. My amendment to sent requests on future bills with re- of host countries without delegating scrap the 2005 base closing round, we spect to relevancy, if this is the way women to second-class citizenship sta- are told that is not relevant. ‘‘relevancy,’’ if this is the way ‘‘rel- tus or sacrificing our own proud his- I wonder if there is any legislation on evant’’ is going to be defined here in tory of equal treatment under law. which these kinds of amendments the Senate? Current restrictions humiliate service- would be more relevant than the De- Mrs. MURRAY. I hear the Senator, women by forcing them to seek the ap- fense authorization? It is where they and I absolutely agree. And I will join proval of their commanding officer in should be offered. It is the location of with any Senators who object to any order to travel back to the United this debate. It is where this debate bill coming up when the word ‘‘rel- States for abortion services. must be held. Somehow we have gotten evant’’ is being used. We know from a previous GAO report I have been in public policy for al- into this trap of being told this is not issued in May of 2002 that many com- most two decades now, and ‘‘rel- relevant. Clearly, it is relevant. manding officers ‘‘have not been ade- evancy’’ and ‘‘germaneness’’ have So can the Senator from Washington quately trained about the importance meant specific things to all of us, and tell me, is there another piece of legis- of women’s basic health care.’’ Depart- we have offered relevant amendments, lation where this would be more appro- ment of Defense officials say that lack- including the amendment I meant to priately offered? I cannot think of one. ing this understanding, some com- offer tonight, and they have always Mrs. MURRAY. The Senator is abso- manders may be reluctant to allow ac- been relevant. They have been relevant lutely correct. tive-duty members, both women and There is no other piece of legislation on this bill six times already, even men, time away from their duty sta- postcloture. that is before us where this is relevant. tions to obtain health care services. It seems to me now we have a defini- In fact, I have offered this six times on Many women are forced to seek care tion for ‘‘relevancy’’ that is above the off the base or wait until leave can be the Department of Defense authoriza- definition of ‘‘germaneness,’’ and that arranged without approval from a com- tion bill, even postcloture, and it was is simply unbelievable to me. I concur manding officer. considered relevant. with the Senator, the only thing we I am shocked and amazed that Many women are forced to delay the have left is to not agree to any unani- women are being told today they are procedure for several weeks until they mous consent requests that use the not relevant. I am furious that women can travel to a location where safe and word ‘‘relevancy.’’ adequate care is available. are being told they are not relevant But I say to my colleague, it seems I have to tell you, I do not see why when it comes to the Department of to me the word ‘‘relevancy’’ is now put- lifting this offensive and dangerous re- Defense, when it comes to their health ting a lot of people into being irrele- striction now—this year—is not rel- care, and when it comes to the Senate. vant: veterans, when it comes to con- evant to a Department of Defense au- Mr. DORGAN. If the Senator will current receipt; communities that are thorization bill. Isn’t it our goal to yield further for another question, if trying very hard to keep stable, when provide the resources and support for you offered this postcloture on pre- it comes to base closures; and now our military personnel? How can the vious occasions—it relates to a ques- women—we are all irrelevant. I find health and safety of women who serve tion that was asked yesterday—has the that extremely upsetting. in the military all of a sudden be called judgment about what is relevant Mrs. BOXER. Mr. President, will the not relevant? changed here in this Chamber? The an- Senator yield for a question? I have been told that if I offer this swer to that, in my judgment, is yes. In Mrs. MURRAY. I am happy to yield amendment, the Chair is going to rule my judgment, this would have been rel- to the Senator from California. it out of in order on the claim it is not evant under almost any other set of The PRESIDING OFFICER. The Sen- relevant, so I have no choice but to circumstances. ator from California. withdraw my amendment. But I wonder if the Senator from Mrs. BOXER. I just want to say to I do not know how we explain to Washington would agree with me that my friend from North Dakota and my military servicewomen that their we should never, ever again—I will friend from Washington State—who health care is not relevant or that sup- never, ever again allow a unanimous has been such a leader on women’s porting their access to safe and legal consent agreement on the floor of the issues, family issues, and children’s reproductive health care is somehow Senate on an authorization bill of this issues—and to my friend from Illinois, now not part of the Defense authoriza- type to decide that we will restrict our- who is in the Chamber, who I know is tion bill. selves to relevant amendments. If the also concerned about this—this is real- This is a sad day for our country definition of ‘‘relevancy’’ is reasonable ly the first time I have ever seen a cir- when women who are serving their and thoughtful, then that is just fine cumstance quite like this. country overseas are told their health with me, but in this case it has not When the Senator from North Da- care is not relevant by the Senate. been. kota says it is putting the Senator

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.109 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6829 from Washington at a disadvantage, I Mrs. MURRAY. That is correct. The PRESIDING OFFICER. No, it is have a question for the Senator from Mr. DURBIN. It appears we either not. Washington. have a new rule or the rule has changed Mr. DURBIN. So if this amendment When the Senator from North Da- when it comes to the Department of has been found to be germane kota says she is put at a disadvantage, Defense authorization bill. postcloture with previous bills, it let me just say it goes far beyond that. Mrs. MURRAY. The rules have defi- would suggest to me it obviously has Who are being put at a disadvantage nitely changed, I say to the Senator, met the standard, at least the standard here, I would say, are the women who because I have offered this amendment of relevance. serve in the Armed Forces. My God, we postcloture and it has been considered The PRESIDING OFFICER. The lost them in Iraq. We all know the relevant before. Chair would suggest the language in story of Jessica Lynch. We all revere Mr. DURBIN. If I recall correctly— previous bills is not exactly the same the men and women in uniform. And in the Senator can correct me if I am as the language in this bill. this bill, we know, unless my friend wrong—but postcloture there would Mrs. MURRAY. Mr. President, re- gets a chance—a chance—to remove a even be a higher standard. claiming my right to the floor. restriction, a woman in the military Mrs. MURRAY. That has always been The PRESIDING OFFICER. The Sen- who finds herself in a very troubling my understanding of the issue of ger- ator from Washington. situation, who wants to exercise her maneness and relevancy. So I am at Mrs. MURRAY. I find that simply as- legal rights, a health care right that is odds with the definitions we have been tounding. Department of Defense bills legal and constitutional—she cannot presented with at this time. are essentially language that changes even use her own money and have a Mr. DURBIN. The Senator from for different military programs, all safe abortion. This is the fact. North Dakota has made it clear, when kinds of things in the bills. But cer- I say to my friend, yes, my friend is we tried to offer an amendment on the tainly the issue of whether or not a being inconvenienced, but I know she Base Closing Commission—which is in- woman has a right to have safe and stands up for the women in the mili- cluded in this bill, incidentally, and legal health care overseas when she is tary tonight. It is a very sad night to which was created by this bill—it, too, serving her country has been ruled as hear that the most relevant of amend- has been judged irrelevant. germane in the past. It seems obvi- ments that deals with women in the I would like to ask the Senator this ously pretty out of order and extraor- military cannot be offered. question: If an amendment is consid- dinary that that would be where we are I say to my friend—because I will ask ered germane, does the Senator not tonight. her a question—does she not believe agree with me that it, in most inter- Let me just do this, because I think this is a slap from the Senate to the pretations, has passed the test of rel- all of us agree this amendment is one women who are serving so bravely in evancy? Isn’t that a lower standard by that has been considered on the bill be- uniform? parliamentary rule? fore. It does deal with a woman’s abil- Mrs. MURRAY. The Senator from Mrs. MURRAY. I have always under- California is correct. This is a real slap ity to have safe health care. It is one stood the definition of ‘‘relevancy’’ to that has been ruled germane twice in in the face to the women who serve us be a lower standard than the issue of overseas in the military, who are asked postcloture times. I would just ask germaneness. unanimous consent that the rule on every single day to protect us, to fight Mr. DURBIN. May I make a par- for what we believe in, to fight for our relevancy at this time be waived so I liamentary inquiry of the Chair? can offer the amendment tonight, be- freedoms. They are being told they are The PRESIDING OFFICER. The Sen- second-class citizens and, worse yet, cause I think it is important that we ator will state his inquiry. allow a procedure that has been done they are irrelevant in the Senate. Mr. DURBIN. Would the Chair state Mr. DURBIN. Will the Senator yield many times before to continue under for the record the standard that is for a question? this bill. Mrs. MURRAY. I am happy to. being used to determine the relevancy I ask unanimous consent to do that. Mr. DURBIN. Mr. President, I asked of amendments being offered? The PRESIDING OFFICER. Is there the Senator if she would yield for a Mr. WARNER. I object. objection to waiving the unanimous question. The PRESIDING OFFICER. Objec- consent request? The PRESIDING OFFICER. The Sen- tion is not in order. Mr. WARNER. Objection from the ator from Illinois. Mr. WARNER. I apologize to the Senator from Virginia. Mr. DURBIN. It is my understanding Chair. I have six things going on at one The PRESIDING OFFICER. Objec- that you have not offered this amend- time. tion is heard. ment at this point. Mr. DURBIN. I made a parliamentary Mrs. MURRAY. Mr. President, I find Mrs. MURRAY. I have not offered it inquiry. that very troubling. I find it troubling yet. I am about to make a request to The PRESIDING OFFICER. The Sen- the Senate has now decided to change do so. ator from Illinois has made a par- the definition of relevancy we have op- Mr. DURBIN. I would like to ask, on liamentary inquiry. The Chair is con- erated under in the Senate as long as I your consent, to be added as a cospon- sidering the inquiry. There is a par- have been here. It appears very clear to sor of this amendment, if that meets liamentary inquiry pending. me now that the issue of relevancy is a with your approval, first. This is the test of relevancy: much higher standard than the issue of I would like to ask, initially, is it not When relevancy of amendments is required germaneness. We have stepped into a true that this question of relevancy by a unanimous consent agreement, that realm most of us are going to be very has been directed to the Parliamen- test is broader than the germaneness test as tarian of the Senate? it is a subject matter test, and amendments sorry we are in. Mrs. MURRAY. That is correct. that deal with the subject matter of the bill I again will say to my colleagues Mr. DURBIN. And you have sub- to which this requirement attaches are in that having objected to waiving this mitted your amendment to the Parlia- order, provided they do not contain any sig- relevancy, having listened to how we mentarian, and they have said it is not nificant matter not dealt with in that bill. have now changed the definition of rel- relevant to the bill? Mr. DURBIN. May I ask a further in- evancy, what we are really doing is Mrs. MURRAY. That is correct. We quiry of the Chair. Could he make ref- saying to women in this country they have submitted it to the Parliamen- erence to what he has just read. are irrelevant. I find that to be very tarian, who told us it was not relevant. The PRESIDING OFFICER. From sad, Mr. President. We came back and worked to try to page 1362 of Riddick’s Procedures, foot- The PRESIDING OFFICER. The Sen- change the language. We were told it note 352. ator from Virginia. needed to touch four corners. I don’t Mr. DURBIN. Might I ask, further Mr. WARNER. May I say to my dis- have a clue what that means, but we parliamentary inquiry, do I understand tinguished colleague from Washington were told it would be ruled irrelevant. what the Chair has just said as a re- that I recognize through the years she Mr. DURBIN. You offered this sponse to my inquiry that the standard has been a steadfast proponent for amendment to this same bill on six dif- for relevance is higher than the stand- those women in the armed services ferent occasions? ard of germaneness? faced with the difficult choice you have

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.111 S21PT1 S6830 CONGRESSIONAL RECORD — SENATE May 21, 2003 outlined to the Senate tonight. I ex- ment I would like to get a response if cumstance? Isn’t that the case? We say press regret, but the distinguished I could because there are two bills that to her, you cannot offer it on the au- ranking member and myself have been, come to the floor of the Senate that we thorization bill. So then she comes to throughout the deliberations on this know each year are going to deal with the Defense appropriations bill and of- bill, not acting in any way as the Su- the issue of defense. One is the Defense fers it. The point of order is raised, and preme Court to overrule the ruling of authorization bill, and the other will the point of order says, you know what, the Parliamentarian on these amend- be Defense appropriations. If this is you cannot offer it on appropriations. ments. We have tried to be fair, equi- deemed nonrelevant to the Defense au- You should have offered it on the au- table on both sides. We have not thorization bill, I would ask the Pre- thorization bill. waived one time. It is with regret that siding Officer whether the amendment That is what the Senator from Wash- I had to interpose this objection be- could be offered to the Defense appro- ington is going to be told. I just ask cause I recognize the merits of the priations bill without a point of order the rhetorical question, Does anybody amendment which you have had. You being made? in the Chamber think that is fair? Not have done it now how many years, Sen- The PRESIDING OFFICER. It is not me. ator? possible to prejudge a ruling when the I know there wasn’t a deliberate at- Mrs. MURRAY. Seven years. content of a bill is not before us. tempt for anybody to be unfair, but I Mr. WARNER. Seven years. Mr. DORGAN. Let me inquire fur- make the point that the consent re- Mrs. MURRAY. Mr. President, will ther, if I might. Would this amend- quest entered into with respect to this the Senator yield for a question? ment, based on the knowledge of the issue of relevancy has put people in a Mr. WARNER. Yes, indeed. Parliamentarian about the amend- position—especially Senator REID, my- Mrs. MURRAY. I ask the Senator ment, would this amendment be con- self, and Senator MURRAY from Wash- from Virginia, what I am having trou- sidered legislating on an appropria- ington on this issue—that is pretty un- ble understanding is why an amend- tions bill should it be offered to an ap- tenable. But that is the position we are ment that has been considered germane propriations bill? in. in the past tonight under the ruling is The PRESIDING OFFICER. We do I think the way to get out of it is to not considered relevant. I would ask not have the amendment in front of us understand that somehow these things the Senator from Virginia if he is not because the Senator has not called it could be offered, or should be offered, also troubled that we have now set a up. and a unanimous consent be allowed definition for relevancy that is higher Mr. DORGAN. To the extent the Of- for these issues to be debated and voted than the standard for germaneness fice of the Parliamentarian has ruled on. I cannot believe it would have been that may indeed trouble us far into the the amendment nonrelevant, my as- the intent of my colleague from Vir- future? sumption is the Office of the Parlia- ginia, or the ranking member from Mr. WARNER. Mr. President, I re- mentarian has certainly understood Michigan, to say we want to prevent an spond to my colleague, with all due re- the amendment, reviewed it, and deter- amendment that has been offered seven spect, I will not try and engage in an mined it to be nonrelevant. times previously to this bill, which we evaluation of how the Parliamentarian If that is the case, if the Office of the all understand is clearly relevant to goes about the votes; that is, deter- Parliamentarian understands the the bill. Again, I say as I said yesterday, the mining whether or not each amend- amendment, my question remains, if folks who understand this process from ment is relevant. But I would say I do this amendment is offered during con- our side were very surprised at the not recall in years past the issue of rel- sideration of Defense appropriations, issue of relevancy and how the rulings evancy having been raised on the Sen- would there be a point of order against on relevancy occurred. I know yester- ator’s amendment. I stand to be cor- the amendment as legislating on an ap- day during this discussion a question rected. propriations bill? was propounded by my colleague from Mrs. MURRAY. Mr. President, if I The PRESIDING OFFICER. It is Virginia, the chairman, to the Pre- could just respond to the Senator, this probably a legislative amendment. siding Officer to ask whether the amendment I am offering tonight in Mr. DORGAN. Mr. President, that standard of relevancy has changed. And the past has been ruled in postcloture means if it is a legislative amendment the answer was, no, it has not. as germane. I am now tonight being on an appropriations bill, there would That is not accurate. It clearly has told it is not relevant. be a point of order against it; is that changed. My colleague from Wash- Mr. WARNER. It depends on the con- the case? ington is evidence of that. If her tent of the bill to which that ruling The PRESIDING OFFICER. It is pos- amendment was germane postcloture was addressed. sible a point of order would lie. previously, then her amendment, by Mrs. MURRAY. I would add this Mr. DORGAN. So a point of order definition, had to have been relevant amendment has been offered seven could be raised that would lie against postcloture. And if it is relevant then, times, virtually every year since 1996, the amendment because it is then leg- and it is not relevant now, the standard on this exact bill, the Department of islating on an appropriations bill. If has changed. Defense authorization. that is the case, as I understand the an- I don’t think that was the intention The PRESIDING OFFICER. The Sen- swer from the Chair, we are in a cir- of the chairman or ranking member ator from North Dakota. cumstance where we have told the Sen- with respect to her amendment—mine Mr. DORGAN. Mr. President, let me ator from Washington that her amend- or any other amendment. I am not ask- try to understand this a bit, what the ment dealing with an important issue— ing or suggesting bad faith on any- circumstances are. My understanding clearly to the center of this bill on De- body’s part, but we have an unintended is the Senator from Washington has fense—cannot be offered on the Defense consequence. If an unintended con- propounded a unanimous consent reauthorization bill because it is not rel- sequence says to the Senator from quest that has been objected to that evant to the Defense authorization bill. Washington, I am sorry, you cannot would have allowed her to offer her Then the Senator would be told later, offer your amendment on the author- amendment notwithstanding the ruling when she tries to offer it to the Defense ization bill, and when you try it later— on relevancy. My understanding is this appropriations bill, this is legislating as she will and must—on the appropria- amendment is now viewed as nonrel- on a Defense appropriations bill and a tions bill, she will be told she should evant to this bill, despite the fact it point of order would rise against it. have offered it on the authorization has been offered seven times before. If Why? Because she should have offered bill, that puts her in a position that is it is nonrelevant to the Defense au- it to the authorization bill. unfair. thorization bill, I would like to ask the Can someone tell me whether that is I yield the floor. Chair what would be the circumstances not a Catch-22 for the Senator from Mr. DURBIN. Parliamentary inquiry. in the Senate from a parliamentary Washington and others? Have we not The PRESIDING OFFICER. The Sen- standpoint if the Senator from Wash- put her and others in a circumstance ator will state it. ington offered this amendment to the where they are prevented from offering Mr. DURBIN. Mr. President, I would Defense appropriations bill? In a mo- this amendment under every cir- like to ask for clarification because I

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.114 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6831 think this is an important question. If ment is challenged under the unani- tant challenges facing our Nation and you would provide a response to the mous consent request. The Senator its Government. That challenge is to following parliamentary inquiry, it is from Washington— transform America’s military to meet my understanding—in fact, I have the Mr. LEVIN. Will the Senator yield? the threats of this century the 21st amendment before me that has been Mr. DURBIN. Yes. century, and to do so in an environ- suggested by the Senator from Wash- Mr. LEVIN. Mr. President, if this ment of increasingly severe budgetary ington. This is an amendment that re- amendment is presented at this time to constraints. lates to the use of Department of De- the Parliamentarian, will we obtain a The spectrum of potential conflict in fense medical facilities, and it amends ruling as to whether or not it is rel- which America could find itself en- section 1093 of title X of the U.S. Code, evant? gaged over the coming years is prac- as amended. Is there any reason why the request tically limitless. From fighting major Now, if the Chair would just take leg- of the Parliamentarian, relative to this regional powers to pursuing shadowy islative notice of the bill, S. 1050, and amendment as to whether or not it is bands of terrorists, the missions our turn to page 157, you will see title VII, relevant, cannot be responded to by the military must be ready to perform are ‘‘Health Care.’’ Parliamentarian at this time or at any many, and they are varied. Now, if you turn to page 10, you will time? Unfortunately, the resources avail- find in section 703 an amendment—lan- The PRESIDING OFFICER. If a rul- able to us in preparing to meet these guage within the authorization bill rel- ing is requested, a ruling will be issued. challenges are not without limit. ative to extension of authority to enter Mr. LEVIN. I thank the Chair. What was the largest surplus in the into personal service contracts for The PRESIDING OFFICER. The Sen- history of this Government just 2 short health care services to be performed at ator from Washington. years ago has given way to the largest locations outside medical treatment AMENDMENT NO. 691 deficit in our Nation’s history. And facilities. It goes on to amend section Mrs. MURRAY. Mr. President, I send this has happened at a time when the 1091(a)(2) of title X. Here we have an my amendment to the desk and ask for demands on the Federal budget are amendment relative to health care, rel- its immediate consideration. growing and will continue to grow. ative to the medical treatment facili- The PRESIDING OFFICER. The Recent reports out of Iraq indicate ties managed by the Department of De- clerk will report. that the task of post-war reconstruc- fense, which seeks to amend section The legislative clerk read as follows: tion will be neither easy nor cheap. Re- 1093. The Senator from Washington [Mrs. MUR- cent events in Saudi Arabia and Mo- Already in this provision of the bill, RAY], for herself, Ms. SNOWE, Ms. Boxer, and rocco indicate that the war on ter- we amend section 1091. Can the Chair Ms. CANTWELL, proposes an amendment num- rorism may still be in its infancy. tell me how we can amend the same bered 691. There are also domestic priorities section of the law relative to medical The amendment is as follows: that demand attention. The bipartisan treatment facilities, and the amend- (Purpose: To restore a previous policy re- education reform initiative passed in ment being offered by the Senator from garding restrictions on use of Department the first year of the President’s term Washington not be a relevant amend- of Defense facilities) has yet to be fully funded. There is a ment? It is in the same section relative At the end of title VII, add the following: growing recognition that our health to health care, on the subject of health SEC. 708. RESTORATION OF PREVIOUS POLICY care system is fraying at the seams. care. It relates to Defense medical fa- REGARDING RESTRICTIONS ON USE And the baby boomers, my generation, OF DEPARTMENT OF DEFENSE MED- are marching toward retirement. When cilities, as do many of the amendments ICAL FACILITIES. within that section. Section 1093 of title 10, United States Code, they get there, it will place unprece- Yet the Chair is telling us it is not is amended— dented strains on Social Security and relevant language to this section of the (1) by striking subsection (b); and Medicare. pending bill, which the Senator from (2) in subsection (a), by striking ‘‘RESTRIC- Our present course is not sustainable. Washington seeks to amend. TION ON USE OF FUNDS.—’’. We will soon be asked to raise the ceil- The PRESIDING OFFICER. The The PRESIDING OFFICER (Mr. ing on the national debt by nearly $1 Chair is considering the inquiry. COLEMAN). The Senator from Virginia. trillion. At the same time, the admin- The point is whether the issue pre- Mr. WARNER. Mr. President, I sug- istration is projecting that within 5 sented by the Senator’s amendment is gest the absence of a quorum to allow years funding for defense will rise to addressed in the bill, which it is not. time in which the Parliamentarian can more than 20 percent above cold-war Mr. DURBIN. Further parliamentary examine the amendment. levels. Even at that high level, more- inquiry. The PRESIDING OFFICER. The over, it is doubtful that the defense The issue being addressed by the Sen- clerk will call the roll. budget could accommodate the full ator from Washington is the treatment The assistant legislative clerk pro- cost of the administration’s plans as afforded at Defense medical facilities. ceeded to call the roll. they currently stand. If the Chair will note in section 703 of Mr. REID. Mr. President, I ask unan- This is our dilemma. We cannot af- the bill, it relates to the treatment af- imous consent that the order for the ford to forego military transformation. forded at Defense medical facilities. quorum call be rescinded. The threats to our security are simply How much more relevant could this be? The PRESIDING OFFICER. Is there too great. But neither can we afford to The PRESIDING OFFICER. The ad- objection? proceed without consideration to cost. vice given on this were preliminary Without objection, it is so ordered. After all, it is our quality of life that rulings, subject to further information, Mr. REID. Mr. President, Senator the military is charged with defending. based upon information available at MURRAY is waiting for a ruling from It is that same quality of life that will the time the amendment was pre- the Chair on her parliamentary in- eventually begin to erode in the ab- sented. quiry. sence of a sense of fiscal balance. The Chair is not aware that this ar- In the meantime, I ask unanimous What I want to talk about for a few gument has ever been presented to the consent that Senator CARPER be recog- minutes this evening is one of the cen- Parliamentarian’s Office. The burden nized to speak for up to 10 minutes, and tral components of military trans- would be on the sponsors to make that that following his speech, the Senator formation. I want to talk both about case. from Washington be recognized. its importance and about some of the Mr. DURBIN. Further inquiry: If the The PRESIDING OFFICER. Without choices we can make to address our se- Senator from Washington should sub- objection, it is so ordered. curity requirements in this area in a mit this amendment now, will it then The Senator from Delaware. cost-effective manner. be incumbent upon the Chair and the Mr. CARPER. Mr. President, I thank Strategic airlift will be one of the Parliamentarian to rule on its rel- the assistant Democratic leader. cornerstones of successful military evancy? Mr. President, in considering the transformation. The imperative to The PRESIDING OFFICER. The rul- military priorities of our country, we transform our military is driven by the ing would only be made if the amend- are addressing one of the most impor- necessity to project force faster, with

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.116 S21PT1 S6832 CONGRESSIONAL RECORD — SENATE May 21, 2003 greater precision, and over greater dis- at Dover Air Force Base in Delaware Armed Services Committee. I particu- tances. As President Bush stated in his beginning in 2008. larly thank Senators WARNER, LEVIN, commencement address at the U.S. Having said that, sending more than KENNEDY, and TALENT for the work Naval Academy in May 2001, America’s half of our Nation’s C–5 fleet to the they have done to ensure that we con- future force will be ‘‘defined less by ‘‘boneyard’’ makes no sense. The C–5 is, tinue to capitalize on the contribution size and more by mobility and swift- and will continue to be, the workhorse that the C–5 can make to cost-effective ness.’’ of American airlift. The C–5 completed strategic airlift in the 21st century. Be- In the wake of the cold war, the nearly 5,000 sorties during the recent sides calling on the Air Mobility Com- United States has closed two-thirds of Iraq war and delivered nearly half of mand to look again at our Nation’s air- its forward operating bases. Yet the the cargo and troops into combat. lift requirement, this bill keeps C–5 four services are all in the process of Moreover, a balance of C–5s and C–17s modernization on track. In particular, speeding up the timeframe in which offers the Air Force an advantageous it specifies that 18 C–5Bs and 12 C–5As they expect to deploy troops and equip- mix of complementary capabilities. will be revamped with modern avionics ment to the far corners of the globe. The C–5 can carry more, and can carry in fiscal year 2004. The Army’s stated goal, for example, farther. The C–17 is more maneuverable This is a win—a win for our fighting is to deploy an Interim Brigade Combat on the ground. During the war in Af- men and women, and it is a win for the Team—complete with 3,500 personnel, ghanistan, much of the cargo was flown American taxpayer. 327 armored vehicles, 600 wheeled vehi- from the continental United States to The PRESIDING OFFICER. The Sen- cles, air defense weapons, artillery, and Europe in large loads aboard C–5s. The ator from Virginia. engineering equipment—anywhere in cargo was then broken down into Mr. WARNER. Mr. President, I wish the world within 96 hours. Airlift is the smaller loads and flown into theatre by to commend our distinguished col- only means to accomplish this objec- C–17s. league from Delaware. He has worked tive. As a former naval flight officer who very diligently on this issue since the In March 2001, the Joint Chiefs of has known firsthand the frustration of first moment he joined the Senate. You Staff completed a review of our Na- naval aircraft that had a propensity to have been very helpful to the distin- tion’s strategic airlift requirement. break down, I can empathize with the guished ranking member and myself in This study was completed before Sep- frustration that some in the Air Force bringing these matters to our atten- tember 11 and all that has flowed from feel with respect to the C–5As chron- tion and to other members of the com- that terrible day. Still, the conclusion ically low mission-capable rates. But mittee. I think the Department of the of that study was that the Nation’s air- scrapping the entire platform is not Air Force and indeed the whole Armed lift requirement had risen 10 percent the answer. Forces that are so heavily dependent sine the last study was conducted just The wings and the fuselages of both on airlift owe you a debt of gratitude. 5 years before. the C–5As and the C–5Bs have useful The PRESIDING OFFICER. Under Many believe that the changed secu- lives—listen to this—of another 30 to 40 the previous order, the Senator from rity environment post-September 11 years. For the cost of purchasing a sin- Washington is recognized. has actually increased our strategic gle new C–17 cargo aircraft, three C–5s Mr. LEVIN. Mr. President, will the airlift requirement still farther. We are can be outfitted with reliable new en- Senator yield? requesting, as part of this bill, that a gines, modern hydraulics systems, and Mrs. MURRAY. I yield for 30 seconds. new review of the strategic airlift re- landing gear components, plus a new Mr. LEVIN. I join in the commenda- quirement going forward be conducted. avionics package and radios that will tion to the Senator of Delaware for his We expect that what we will find is bring C–5 cockpits into the 21st cen- tenacity in keeping airlift available. that the airlift requirement is higher tury. The PRESIDING OFFICER. The Sen- than the 54.5 million ton miles per day All of these upgrades are off the ator from Washington. specified before September 11. shelf. They are readily available, and Mrs. MURRAY. Mr. President, I un- Regardless of whether the require- they are capable of bringing the mis- derstand the Senate is waiting for a ment has risen or not, however, the sion capable rates of the C–5s in line ruling from the Parliamentarian of the fact remains that our present capacity with those of the C–17s. relevancy of the amendment I sent to falls short of the requirement as it was Given the fact that one C–5 can haul the desk and I ask if that ruling is spelled out just 2 years ago. The ques- 80 percent more cargo than one C–17, ready. tion we must answer, therefore, is how the same dollar invested in modern- The PRESIDING OFFICER. It is the will we maintain and how will we build izing C–5s produces more than five opinion of the Chair, with the addi- a strategic airlift fleet that will meet times the airlift capacity of the same tional information provided, the Sen- the relevant requirement and do so dollar invested in the purchase of new ator’s amendment is relevant. without busting our budget even more. C–17 aircraft. The Democratic whip. In other words, how do we provide cost- A strategic airlift fleet with a full Mr. REID. Mr. President, I have had effective strategic airlift for the 21st complement of C–5s and C–17s offers a conversation with the Senator from century? the best of all worlds. Retaining the Washington. She would be willing to Some of the Air Force have launched enormous cargo capacity of our C–5s, enter into a reasonable time agree- a campaign to retire more than half of both As and Bs, will make it easier to ment. She would want to complete that the Air Force’s C–5 fleet over the next achieve the full airlift requirement of debate tomorrow, however, in that the few years, specifically those that date our Armed Forces in the 21st century. hour is late and she has spent so much back to the 1970s, the C–5As. Mainte- Maintaining a healthy balance of C–5s time here already. I would be happy to nance problems, particularly engine and C–17s will offer the Air Force maxi- work with the two managers of the bill problems, have plagued the C–5As for mal operational flexibility. And taking to come up with a reasonable time she years. The solution for some in the Air full advantage of the cost savings that can debate this in the morning and Force is to simply get rid of them and comes from modernizing, as opposed to have a vote on it in the morning. to rely primarily on the procurement scrapping, the C–5As will free-up re- The PRESIDING OFFICER. The Sen- of new aircraft to meet our growing sources to meet other Air Force prior- ator from Virginia. strategic airlift requirement. ities and reduce our Federal deficit Mr. WARNER. My understanding is In order to meet the new, higher re- over the long run. you are not making a request, you are quirement for strategic airlift in the Choices that are more cost-effective just advising the Chair and the Senate. 21st century, we will certainly need to by ratios of 5-to-1 are precisely the I wish to, in courtesy, advise you I purchase new aircraft. The Air Force is kinds of choices we ought to be inter- know of at least one amendment in the currently in the process of purchasing ested in making as we seek to trans- second degree and there could be two. some 180 new C–17s. I support this pur- form our military without burying our Mr. LEVIN. Would the Senator yield? chase. The C–17 is an excellent aircraft, children in red ink. Who has the floor? and we are excited that a squadron of I want to take a moment, in closing, The PRESIDING OFFICER. The Sen- 12 C–17 cargo aircraft will be stationed to thank a number of members of the ator from Michigan.

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.032 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6833 Mr. LEVIN. I am wondering whether Mr. LEVIN. Mr. President, let us try So the only unanimous consent re- we will have the language of those to obtain a copy of that amendment, if quest I make tonight is that in the amendments or amendment this I could ask the Senator from Nevada. morning we go to the Boxer amend- evening? Mr. WARNER. I think it would be ment in keeping with the request I just Mr. WARNER. Mr. President, I would best served if we put in a quorum call made. have to inquire of the language of the so we can try and put the pieces to- Mr. WARNER. Mr. President, reserv- amendments. gether. ing the right to object, could I have Mr. LEVIN. Any second-degree Mr. President, as I understand, the just another 3 minutes to determine if amendment. distinguished Senator from Illinois there is a problem on our side with The PRESIDING OFFICER. The Sen- wishes to address the Senate as in that? And I regret that I could not tell ator from Illinois. morning business for 7 minutes. you before you started. Mr. DURBIN. Mr. President, I would The PRESIDING OFFICER. The Sen- Mr. REID. I suggest the absence of a like to make two comments in morning ator from Illinois. quorum. Mr. DURBIN. Mr. President, my business, not on the bill. I want to Mr. WARNER. Fine. Thank you. thanks to the Senators from Virginia leave it to the Senators from Virginia The PRESIDING OFFICER. The and Michigan for accommodating me. I and Michigan if there is anything they clerk will call the roll. thank the Parliamentarian. I have want to do on the bill this evening. The legislative clerk proceeded to been in a similar position in another Mr. WARNER. Mr. President, we are call the roll. legislative body. It is a tough assign- endeavoring to do a good deal of work Mr. WARNER. Mr. President, I ask ment. I thank them for their courtesy on the bill this evening. I don’t know unanimous consent that the order for and diligence and the ruling they have the duration of the time the Senator the quorum call be rescinded. offered to us. wishes. The PRESIDING OFFICER. Without Mr. DURBIN. I ask for 5 minutes in (The remarks of Mr. DURBIN are objection, it is so ordered. morning business. printed in today’s RECORD under Mr. WARNER. As soon as we are able ‘‘Morning Business.’’) Mr. WARNER. Mr. President, I know to conclude the matters relating to the Mr. DURBIN. Mr. President, I am colleagues and others are following the amendment of the Senator from Wash- prepared to yield the floor, but I would proceedings on the floor tonight. We ington, I can better answer the ques- like to give the Senator from Virginia have been able to achieve quite a good tion. or any other Senator on the floor an deal. As the distinguished Democratic Mr. President, I wish to advise my opportunity to claim the time. Other- leader mentioned, we will proceed now colleagues on our side we, of course, wise, I will raise the question of the to 12 amendments which have been had relied upon the previous ruling of presence of a quorum. cleared on both sides. the Parliamentarian. Therefore, these Mr. President, I suggest the absence AMENDMENT NO. 792 amendments are not yet ready. of a quorum. Mr. WARNER. Mr. President, on be- Mr. LEVIN. Would the Senator yield? The PRESIDING OFFICER. The half of myself, I offer an amendment Mr. WARNER. Yes. clerk will call the roll. which realigns funds during the com- Mr. LEVIN. Do you expect they The assistant legislative clerk pro- mittee markup for the Joint Engineer- would be ready tonight if we are here ceeded to call the roll. ing Data Management Information and for an additional half hour? Mr. REID. Mr. President, I ask unan- Control System from the Navy pro- Mr. WARNER. I think there is an op- imous consent that the order for the curement to the Navy research devel- portunity they could be ready. We are quorum call be rescinded. opment, test and evaluation accounts. checking. The PRESIDING OFFICER. Without I believe this amendment is cleared on The PRESIDING OFFICER. The objection, it is so ordered. the other side. Mr. REID. Mr. President, I have con- Democratic whip. Mr. LEVIN. Mr. President, it is in- ferred with the two managers—I was Mr. REID. We would be willing to deed cleared. going to say more than I wanted to, enter into a time agreement if we saw Mr. WARNER. I urge the Senate to but I will not say that, but I conferred the amendments and they were reason- adopt the amendment. with the two managers often tonight, able and we thought we could do that. The PRESIDING OFFICER. The and it appears the Senate will be best But not having them, we can’t do that. clerk will report. served by clearing a number of amend- The Senator from Washington, if there The legislative clerk read as follows: would have been an up-or-down amendments that the two managers have worked on for several days now. They The Senator from Virginia [Mr. WARNER] ment, would have agreed to a 40- proposes an amendment numbered 792. minute time limit evenly divided. have approximately a dozen amend- Mr. WARNER. Do I understand the ments. They would do that tonight. The amendment is as follows: distinguished leader to say 40 minutes I put this in the form of a unanimous (Purpose: To correct the authorization of ap- equally divided? consent request: that tomorrow morn- propriations for the Joint Engineering Mr. REID. That is right. I would note ing, when the Senate convenes, after Data Management Information and Con- the prayer and the pledge, we would trol System (JEDMICS) so as to be pro- we have very few amendments. Senator vided for in Navy RDT&E (PE 0603739N) in- DODD has one. Senator DASCHLE has move to the Boxer amendment, which stead of Navy procurement) is a post-Iraq war contracting matter, one. Senator BOXER has one we have al- On page 25, between lines 11 and 12, insert ready discussed, and Senator BIDEN has and that there would be 45 minutes of the following: debate on that amendment—30 minutes one. We have very few amendments. SEC. 213. AMOUNT FOR JOINT ENGINEERING Some of these may be worked out by under the control of Senator BOXER, 15 DATA MANAGEMENT INFORMATION the managers. The Daschle amend- minutes under the control of Senator AND CONTROL SYSTEM. ment, as we have indicated, would be 20 WARNER—and in keeping with the (a) NAVY RDT&E.—The amount authorized minutes evenly divided. The Schumer usual unanimous consent request for to be appropriated under section 201(2) is amendment has been declared not rel- second-degree amendments that we hereby increased by $2,500,000. Such amount have done throughout the day; and may be available for the Joint Engineering evant so we can’t take that up. The Data Management Information and Control Boxer amendment, we agreed to a one- that following that, we could move to System (JEDMICS). hour time agreement on that. Both perhaps the Daschle amendment, per- (b) NAVY PROCUREMENT.—The amount au- managers know what that amendment haps the Dodd amendment. thorized to be appropriated under section is. Senator BIDEN has agreed to 30 min- We are really getting few amend- 102(a)(4) is hereby reduced by $2,500,000, to be utes on his amendment if it is not ments over here. We all recognize we derived from the amount provided for the agreed to. have to dispose of the relevant amend- Joint Engineering Data Management Infor- Mr. WARNER. Mr. President, I am ment that Senator MURRAY filed this mation and Control System (JEDMICS). informed we have not seen the Boxer afternoon. And Senator BROWNBACK, The PRESIDING OFFICER. Is there amendment. Senator WARNER, and others will work further debate on the amendment? Mr. REID. Well, she was showing it on that tonight to see what is con- If not, without objection, the amend- to anybody who wanted to look at it. templated regarding that tomorrow. ment is agreed to.

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.121 S21PT1 S6834 CONGRESSIONAL RECORD — SENATE May 21, 2003 The amendment (No. 792) was agreed (B) In any case in which the head of an ex- Not a single Iraq reconstruction con- to. ecutive agency withholds information under tract has been awarded on the basis of Mr. WARNER. Mr. President, I move subparagraph (A), the head of such executive ‘‘full and open competition’’ embodied to reconsider the vote. agency shall make available an unredacted in the 1984 Competition in Contracting version of the document containing that in- Mr. LEVIN. I move to lay that mo- formation to the chairman and ranking Act, whereby interested parties are notion on the table. member of each of the following committees tified and given a chance to bid. The The motion to lay on the table was of Congress: rationale for this standard was not agreed to. (i) The Committee on Governmental Af- only to provide basic fairness for all Mr. LEVIN. Mr. President, I ask fairs of the Senate and the Committee on potential bidders, but also to reassure unanimous consent that the pending Government Reform of the House of Rep- the public that their tax dollars were amendment be set aside for the dura- resentatives. being spent wisely and in the public in- tion of this and all other amendments (ii) The Committees on Appropriations of terest. the Senate and the House of Representatives. which Senator WARNER and I are offer- (iii) Each committee that the head of the Instead, these contracts have either ing this evening. executive agency determines has legislative been awarded on the basis of limited The PRESIDING OFFICER. Without jurisdiction for the operations of such de- competition, where the bidders are objection, it is so ordered. partment or agency to which the informa- handpicked, or, in some cases, without AMENDMENT NO. 793 tion relates. any competition at all. Mr. LEVIN. Mr. President, on behalf (3) This subsection shall apply to contracts The agencies involved generally have entered into on or after October 1, 2002, ex- of Senators WYDEN, COLLINS, CLINTON, singled out a small number of bidders cept that, in the case of a contract entered based on the agency’s preconceived no- BYRD, and LAUTENBERG, I offer an into before the date of the enactment of this amendment which requires a report on Act, paragraph (1) shall be applied as if the tions about the bidders’ ability to per- contracting for the reconstruction of contract had been entered into on the date of form the contract. Such a process, we Iraq. the enactment of this Act. are told, was necessitated by the short Mr. WARNER. Mr. President, this (4) Nothing in this subsection shall be con- time frame in which the contracts had amendment has been cleared. strued as affecting obligations to disclose to be planned and awarded. The PRESIDING OFFICER. The United States Government information Such a process, however, necessarily under any other provision of law. raises questions regarding fundamental clerk will report. (5) In this subsection, the terms ‘‘executive The legislative clerk read as follows: agency’’ and ‘‘full and open competition’’ fairness and impartiality and whether The Senator from Michigan [Mr. LEVIN], have the meanings given such terms in sec- tax money is being spent in a respon- for Mr. WYDEN, Ms. COLLINS, Mrs. CLINTON, tion 4 of the Office of Federal Procurement sible manner. Because we don’t have Mr. BYRD, and Mr. LAUTENBERG, proposes an Policy Act (41 U.S.C. 403). all of the facts regarding these con- amendment numbered 793. Ms. COLLINS. Mr. President, my col- tracts, speculation has arisen over The amendment is as follows: league from Oregon, Senator WYDEN, their content, their price tags, and the (Purpose: To provide for the reporting re- and I have offered this amendment that basis of their awards. quirement regarding Iraq to include a re- will pull back the curtain on govern- For example, I was distressed to quirement to report noncompetitive con- ment contracts to rebuild post-war learn that a sole source contract en- tracting for the reconstruction of the in- Iraq, one of the most ambitious recon- tered into by the United States Army frastructure of Iraq) struction projects since World War II. Corps of Engineers called for much On page 273, between lines 20 and 21, insert The government already has awarded more work to be performed than was the following: numerous contracts towards this pur- initially indicated. This is because the (d) REPORTING REQUIREMENT RELATING TO Corps only released the information NONCOMPETITIVE CONTRACTING FOR THE RE- pose. These contracts provide for an CONSTRUCTION OF INFRASTRUCTURE OF IRAQ.— enormous scope of goods and services that it deemed relevant. Under our (1) If a contract for the maintenance, reha- ranging from capital construction to amendment, the public will be able to bilitation, construction, or repair of infra- the administration of key air and sea judge for itself whether the govern- structure in Iraq is entered into under the port facilities to the rebuilding of ment was justified in awarding a con- oversight and direction of the Secretary of Iraq’s education and health systems. tract bundle on less than full competi- Defense or the Office of Reconstruction and One contract even provides for such tion. The public deserves no less. Humanitarian Assistance in the Office of the fundamentals as teaching local leaders At the same time, we have included Secretary of Defense without full and open in our amendment provisions to ensure competition, the Secretary shall publish in about the basics of the democratic the Federal Register or Commerce Business process. that classified material remains safe Daily and otherwise make available to the In all, billions of Federal taxpayer and is provided only to congressional public, not later than 30 days after the date dollars are being spent. It is Congress’s committees with oversight authority. on which the contract is entered into, the job to ensure that they are spent wise- It is my hope that the publication of following information: ly and fairly. the key information in these contracts (i) The amount of the contract. Our amendment would ensure that will serve some of the same goals as (ii) A brief description of the scope of the the basic facts regarding these and the Competition in Contracting Act, contract. other contracts for the rebuilding of such as reassuring the public that re- (iii) A discussion of how the executive agency identified, and solicited offers from, Iraq are publicly available. For those construction in Iraq is being done in a potential contractors to perform the con- contracts that have been awarded out- fair manner and in furtherance of the tract, together with a list of the potential side of the usual process of full and public interest. contractors that were issued solicitations for open competition, our amendment Alternatively, keeping these jus- the offers. would require that, within 30 days of tifications secret defeats the legal safe- (iv) The justification and approval docu- entering the contract, the contract’s guards that protect full and open comments on which was based the determination price, the scope of the work to be per- petition. Further, it breeds what may to use procedures other than procedures that formed, the contractors asked to bid, be unjustified fear that the contracting provide for full and open competition. (B) Subparagraph (A) does not apply to a and the criteria by which they were process is being run for the benefit of a contract entered into more than one year chosen must be made known, through select few rather than the Iraqi people. after date of enactment. publication in the Federal Register. Ensuring that this information is (2)(A) The head of an executive agency In addition, the agency head also available to the public will help main- may— would need to make publicly available tain confidence that our work in re- (i) withhold from publication and disclo- the justification for awarding the con- building Iraq is being undertaken in a sure under paragraph (1) any document that tract on a basis less than the full and manner best calculated to advance the is classified for restricted access in accord- open competition standard. well-being of the Iraqi people, and will ance with an Executive order in the interest These provisions have become nec- of national defense or foreign policy; and help dispel criticisms that the process (ii) redact any part so classified that is in essary because of the way in which by which these contracts are being a document not so classified before publica- Federal agencies contracting for goods awarded is unfair or unjustified. tion and disclosure of the document under and services in Iraq have been award- I want to thank the distinguished paragraph (1). ing these contracts. chair and ranking member of the ASC

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.137 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6835 for working with Senator WYDEN and The PRESIDING OFFICER. Is there those provided for employees by business en- me on this amendment, which I under- further debate on the amendment. tities of similar size in its industrial sector stand will be made part of the man- If not, without objection, the amend- or geographic region; and ager’s package. ment is agreed to. (vi) has or can acquire a security clearance as necessary. The PRESIDING OFFICER. Is there The amendment (No. 794) was agreed (B) The term ‘‘severely disabled indi- further debate on the amendment? to. vidual’’ means an individual with a dis- If not, without objection, the amend- Mr. LEVIN. Mr. President, I move to ability (as defined in section 3 of the Ameri- ment is agreed to. reconsider the vote. cans with Disabilities Act of 1990 (42 U.S.C. The amendment (No. 793) was agreed Mr. WARNER. I move to lay that mo- 12102)) who has a severe physical or mental to. tion on the table. impairment that seriously limits one or Mr. WARNER. Mr. President, I move The motion to lay on the table was more functional capacities. to reconsider the vote. agreed to. The PRESIDING OFFICER. Is there Mr. LEVIN. I move to lay that mo- AMENDMENT NO. 795 further debate on the amendment? tion on the table. Mr. WARNER. Mr. President, on be- If not, without objection, the amend- The motion to lay on the table was half of Senator ROBERTS, I offer an ment is agreed to. agreed to. amendment to enhance defense con- The amendment (No. 795) was agreed AMENDMENT NO. 794 tracting opportunities for persons with to. Mr. WARNER. Mr. President, on be- disabilities. I believe this amendment Mr. WARNER. Mr. President, I move half of Senator MCCAIN, I offer an has been cleared on both sides. to reconsider the vote. amendment which makes the necessary Mr. LEVIN. The amendment has been Mr. LEVIN. I move to lay that mo- technical changes to the National Call cleared. I urge the Senate to adopt it. tion on the table. to Service Act which was enacted last The PRESIDING OFFICER. The The motion to lay on the table was year. This amendment, which was re- clerk will report the amendment. agreed to. quested by the Department of Defense, The legislative clerk read as follows: AMENDMENT NO. 759 will enable DOD to make payments for The Senator from Virginia [Mr. WARNER], Mr. LEVIN. Mr. President, on behalf education benefits to volunteers under for Mr. ROBERTS, proposes an amendment of Senator BILL NELSON, I offer an this program from the DOD education numbered 795. amendment that expresses the sense of benefits program. This amendment has The amendment is as follows: the Senate that the Secretary of De- been cleared on the other side. (Purpose: To enhance the defense con- fense should authorize and publicize a The PRESIDING OFFICER. The tracting opportunities for persons with dis- reward of $1 million for information clerk will report the amendment. abilities) leading to a conclusive resolution of The legislative clerk read as follows: On page 81, strike lines 12 and 13, and in- the cases of missing members of the The Senator from Virginia [Mr. WARNER], sert the following: Armed Forces. for Mr. MCCAIN, proposes an amendment SEC. 368. CONTRACTING WITH EMPLOYERS OF The PRESIDING OFFICER. The numbered 794. PERSONS WITH DISABILITIES. clerk will report. The amendment is as follows: On page 82, between lines 19 and 20, insert The legislative clerk read as follows: the following: (Purpose: To provide for the funding of edu- The Senator from Michigan [Mr. LEVIN], (e) DEMONSTRATION PROJECTS FOR CONTRAC- cation assistance enlistment incentives to for Mr. NELSON of Florida, proposes an TORS EMPLOYING PERSONS WITH DISABIL- facilitate National service through Depart- amendment numbered 759. ment of Defense Education Benefits Fund) ITIES.—(1) The Secretary of Defense may carry out two demonstration projects for the Mr. LEVIN. Mr. President, I ask On page 109, between lines 9 and 10, insert purpose of providing opportunities for par- unanimous consent that reading of the the following: ticipation by severely disabled individuals in amendment be dispensed with. SEC. 535. FUNDING OF EDUCATION ASSISTANCE the industries of manufacturing and infor- ENLISTMENT INCENTIVES TO FA- The PRESIDING OFFICER. Without CILITATE NATIONAL SERVICE mation technology. objection, it is so ordered. THROUGH DEPARTMENT OF DE- (2) Under each demonstration project, the The amendment is as follows: FENSE EDUCATION BENEFITS FUND. Secretary may enter into one or more con- (a) IN GENERAL.—Subsection (j) of section tracts with an eligible contractor for each of (Purpose: Expressing the sense of the Senate 510 of title 10, United States Code, is amend- fiscal years 2004 and 2005 for the acquisition that the Secretary of Defense should dis- ed to read as follows: of— burse funds to reward the provision of in- ‘‘(j) FUNDING.—(1) Amounts for the pay- (A) aerospace end items or components; or formation leading to the resolution of the ment of incentives under paragraphs (1) and (B) information technology products or status of the members of the Armed Forces (2) of subsection (e) shall be derived from services. of the United States who remain missing amounts available to the Secretary of the (3) The items, components, products, or in action) military department concerned for the pay- services authorized to be procured under At the end of subtitle D of title X, add the ment of pay, allowances and other expenses paragraph (2) include— following: (A) computer numerically-controlled ma- of the members of the armed force con- SEC. 1039. SENSE OF SENATE ON REWARD FOR cerned. chining and metal fabrication; INFORMATION LEADING TO RESOLU- ‘‘(2) Amounts for the payment of incen- (B) computer application development, TION OF STATUS OF MEMBERS OF tives under paragraphs (3) and (4) of sub- testing, and support in document manage- THE ARMED FORCES WHO REMAIN section (e) shall be derived from the Depart- ment, microfilming, and imaging; and MISSING IN ACTION. ment of Defense Education Benefits Fund (C) any other items, components, products, (a) FINDINGS.—The Senate makes the fol- under section 2006 of this title.’’. or services described in paragraph (2) that lowing findings: (b) CONFORMING AMENDMENTS.—Section are not described in subparagraph (A) or (B). (1) The Department of Defense estimates 2006(b) of such title is amended— (4) In this subsection: that there are more than 10,000 members of (1) in paragraph (1), by inserting ‘‘para- (A) The term ‘‘eligible contractor’’ means the Armed Forces and others who as a result graphs (3) and (4) of section 510(e) and’’ after a business entity operated on a for-profit or of activities during the Korean War or the ‘‘Department of Defense benefits under’’; and nonprofit basis that— Vietnam War were placed in a missing status (2) in paragraph (2), by adding at the end (i) employs not more than 500 individuals; or a prisoner of war status, or who were de- the following new subparagraph: (ii) employs severely disabled individuals termined to have been killed in action al- ‘‘(E) The present value of future benefits at a rate that averages not less than 33 per- though the body was not recovered, and who payable from the Fund for educational as- cent of its total workforce over a period pre- remain unaccounted for. sistance under paragraphs (3) and (4) of sec- scribed by the Secretary; (2) One member of the Armed Forces, Navy tion 510(e) of this title to persons who during (iii) employs each severely disabled indi- Captain Michael Scott Speicher, remains such period become entitled to such assist- vidual in its workforce generally on the basis missing in action from the first Persian Gulf ance.’’. of 40 hours per week; War, and there have been credible reports of Mr. WARNER. I urge adoption of the (iv) pays not less than the minimum wage him being seen alive in Iraq in the years prescribed pursuant to section 6 of the Fair since his plane was shot down on January 16, amendment. Labor Standards Act of 1938 (29 U.S.C. 206) to 1991. Mr. LEVIN. Would the Presiding Offi- the employees who are severely disabled in- (3) The United States should always pursue cer hold for one moment. dividuals; every lead and leave no stone unturned to The amendment is agreed to on this (v) provides for its employees health insur- completely account for the fate of its miss- side. ance and a retirement plan comparable to ing members of the Armed Forces.

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.138 S21PT1 S6836 CONGRESSIONAL RECORD — SENATE May 21, 2003 (4) The Secretary of Defense has the au- ‘‘(iii) the orders are to be issued but have (Purpose: To express the sense of the Senate thority to disburse funds as a reward to indi- not been issued; and in support of the Advanced Shipbuilding viduals who provide information leading to ‘‘(iv) the member does not have health care Enterprise of the National Shipbuilding the conclusive resolution of cases of missing insurance and is not covered by any other Research Program) members of the Armed Forces. health benefits plan.’’. On page 291, between lines 14 and 15, insert (b) SENSE OF SENATE.—It is the sense of the The PRESIDING OFFICER. Is there the following: Senate— SEC. 1039. ADVANCED SHIPBUILDING ENTER- (1) that the Secretary of Defense should any further debate? If not, without objection, the amend- PRISE. use the authority available to the Secretary (a) FINDINGS.—Congress makes the fol- to disburse funds rewarding individuals who ment is agreed to. lowing findings: provide information leading to the conclu- The amendment (No. 740) was agreed (1) The President’s budget for fiscal year sive resolution of the status of any missing to. 2004, as submitted to Congress, includes member of the Armed Forces; and Mr. WARNER. Mr. President, I move $10,300,000 for the Advanced Shipbuilding En- (2) to encourage the Secretary to authorize to reconsider the vote. terprise of the National Shipbuilding Re- and publicize a reward of $1,000,000 for infor- Mr. LEVIN. I move to lay that mo- search Program. mation resolving the fate of those members tion on the table. (2) The Advanced Shipbuilding Enterprise of the Armed Forces, such as Michael Scott is an innovative program to encourage great- Speicher, who the Secretary has reason to The motion to lay on the table was er efficiency among shipyards in the defense believe may yet be alive in captivity. agreed to. industrial base. Mr. WARNER. Mr. President, I want AMENDMENT NO. 796 (3) The leaders of the Nation’s shipbuilding to consult with my colleague about Mr. LEVIN. Mr. President, on behalf industry have embraced the Advanced Ship- building Enterprise as a method of exploring this. of Senators FEINSTEIN and STEVENS, I and collaborating on innovation in ship- Senator LEVIN and I have read the offer an amendment to prohibit fund- building and ship repair that collectively text of the amendment. The text of the ing from being used in fiscal 2004 for re- benefits all manufacturers in the industry. amendment is quite clear as to what search, development, test and evalua- (b) SENSE OF THE SENATE.—It is the sense the intent was of the proponent. We tion, procurement, or deployment of of the Senate that— have no objection on this side. nuclear-tipped ballistic missile defense (1) the Senate strongly supports the inno- The PRESIDING OFFICER. Is there intercepts. vative Advanced Shipbuilding Enterprise of further debate on the amendment. The PRESIDING OFFICER. The the National Shipbuilding Research Program If not, without objection, the amend- that has yielded new processes and tech- clerk will report the amendment. niques to reduce the cost of building and re- ment is agreed to. The legislative clerk read as follows: pairing ships in the United States; The amendment (No. 759) was agreed The Senator from Michigan [Mr. LEVIN], (2) the Senate is concerned that the future- to. for Mrs. FEINSTEIN and Mr. STEVENS, pro- years defense program submitted to Congress Mr. LEVIN. Mr. President, I move to poses an amendment numbered 796. for fiscal year 2004 does not reflect any fund- reconsider the vote. The amendment is as follows: ing for the Advanced Shipbuilding Enterprise Mr. WARNER. I move to lay that mo- after fiscal year 2004; and (Purpose: To prohibit the use of funds for re- tion on the table. (3) the Secretary of Defense and the Sec- search, development, test, and evaluation, retary of the Navy should continue funding The motion to lay on the table was procurement, or deployment of nuclear agreed to. the Advanced Shipbuilding Enterprise at a armed interceptors in a missile defense sustaining level through the future-years de- AMENDMENT NO. 740 system) fense program to support subsequent rounds Mr. WARNER. Mr. President, on be- At the end of subtitle C of title II, add the of research that reduce the cost of designing, half of Senator DOMENICI, I offer an following: building, and repairing ships. amendment to provide military health SEC. 225. PROHIBITION ON USE OF FUNDS FOR SHIPBUILDING care entitlement to Reserve officers NUCLEAR ARMED INTERCEPTORS IN Mr. LOTT. Mr. President, I first want MISSILE DEFENSE SYSTEMS. awaiting orders to active duty. It has to acknowledge the hard work done by been cleared on both sides. No funds authorized to be appropriated for the Department of Defense by this Act may the Armed Services Committee and The PRESIDING OFFICER. The be obligated or expended for research, devel- Senator WARNER and his staff on the clerk will report the amendment. opment, test, and evaluation, procurement, fiscal year 2004 defense authorization The legislative clerk read as follow: or deployment of nuclear armed interceptors bill. Having served on this committee The Senator from Virginia, [Mr. WARNER], in a missile defense system. for many years, I know how intense the for Mr. DOMENICI, proposes an amendment The PRESIDING OFFICER. Is there discussions are in the committee and numbered 740. further debate? how difficult the decisions are when The amendment is as follows: If not, without objection, the amend- crafting a bill this complex and so crit- (Purpose: To provide entitlement to health ment is agreed to. ical. I do, however, want to engage the care for reserve officers of the Armed The amendment (No. 796) was agreed chairman on a subject of great national Forces pending orders to initial active to. interest: Navy ship construction. duty following commissioning) Mr. LEVIN. I move to reconsider the Over the years, this country has seen At the appropriate place in title VII, insert a steady decline in not only our naval the following: vote. Mr. WARNER. I move to lay that mo- ship force structure, but in the capac- SEC. ll. ELIGIBILITY OF RESERVE OFFICERS ity to construct these great warships. FOR HEALTH CARE PENDING OR- tion on the table. DERS TO ACTIVE DUTY FOLLOWING The motion to lay on the table was Instead of building the requisite 12 COMMISSIONING. agreed to. ships a year to maintain our current Section 1074(a) of title 10, United States and modest naval capability, we are Code, is amended— AMENDMENT NO. 700 merely producing 6 to 7 per year. The (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; Mr. WARNER. Mr. President, on be- erosion in our naval capability should (2) by striking ‘‘who is on active duty’’ and half of Senator LOTT, I offer an amend- not continue. I know this is a subject inserting ‘‘described in paragraph (2)’’; and ment which would express the sense of of acute interest by Chairman WARNER, (3) by adding at the end the following new the Senate that the Senate strongly paragraph: a former Secretary of the Navy, and supports the Advanced Shipbuilding would like to hear his thoughts on the ‘‘(2) Members of the uniformed services re- Enterprise of the National Ship- ferred to in paragraph (1) are as follows: issue! ‘‘(A) A member of a uniformed service on building Research Program, and that Mr. WARNER. The level of ship- active duty. the Secretary of Defense and the Sec- building is clearly of concern to me. ‘‘(B) A member of a reserve component of retary of the Navy should continue to The Navy is in transition, and we find a uniformed service who has been commis- fund this program at a sustaining level. ourselves building the last of the older sioned as an officer if— The PRESIDING OFFICER. The 20th century surface combatants, sub- ‘‘(i) the member has requested orders to ac- clerk will report the amendment. marines, aircraft carriers, and amphib- tive duty for the member’s initial period of The legislative clerk read as follows: active duty following the commissioning of ious assault ships and transitioning to the member as an officer; The Senator from Virginia [Mr. WARNER] those ships of the line for the 21st cen- ‘‘(ii) the request for orders has been ap- proposes an amendment numbered 700. tury. Understandably, there is a devel- proved; The amendment is as follows: opment period we are involved in as

VerDate Jan 31 2003 04:38 May 22, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.043 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6837 well as recapitalization. The com- National Security Act of 1947 (50 U.S.C. 401 et retention shall be subject to search and re- mittee chose to support the Navy’s pro- seq.) is amended by transferring sections view. ‘‘(5) The provisions of paragraph (1) may posals for DDX, LCS, LHA(R), LPD and 105C and 105D to the end of title VII and re- designating such sections, as so transferred, not be superseded except by a provision of CVN–21. These are the naval vessels of as sections 703 and 704, respectively. law which is enacted after the date of the en- the future. (b) PROTECTION OF OPERATIONAL FILES OF actment of the National Defense Authoriza- Mr. BREAUX. As the Senator knows NSA.—Title VII of such Act, as amended by tion Act for Fiscal Year 2004, and which spe- well, this transition period has a sub- subsection (a), is further amended by adding cifically cites and repeals or modifies such stantial impact on the shipyards and at the end the following new section: provisions. ‘‘(6)(A) Except as provided in subparagraph their workers who will be asked to con- ‘‘OPERATIONAL FILES OF THE NATIONAL (B), whenever any person who has requested struct these future vessels. After the SECURITY AGENCY agency records under section 552 of title 5, decline in shipbuilding in the last quar- ‘‘SEC. 705. (a) EXEMPTION OF CERTAIN OPER- United States Code, alleges that NSA has ter century, our ability to build naval ATIONAL FILES FROM SEARCH, REVIEW, PUBLI- withheld records improperly because of fail- ships of all kinds has been substan- CATION, OR DISCLOSURE.—(1) Operational files ure to comply with any provision of this sec- tially reduced. During this period of of the National Security Agency (hereafter tion, judicial review shall be available under in this section referred to as ‘NSA’) may be the terms set forth in section 552(a)(4)(B) of transition, I am concerned, as well as exempted by the Director of NSA, in coordi- title 5, United States Code. you, that the shipyards retain their en- nation with the Director of Central Intel- ‘‘(B) Judicial review shall not be available gineers and workers, so they may build ligence, from the provisions of section 552 of in the manner provided for under subpara- the next generation of ships when these title 5, United States Code, which require graph (A) as follows: ships are mature. publication, disclosure, search, or review in ‘‘(i) In any case in which information spe- Mr. WARNER. They key here is bal- connection therewith. cifically authorized under criteria estab- ance during the transition period. The ‘‘(2)(A) In this section, the term ‘oper- lished by an Executive order to be kept secret in the interests of national defense or ongoing global war on terrorism places ational files’ means— ‘‘(i) files of the Signals Intelligence Direc- foreign relations is filed with, or produced enormous budgetary pressure on the torate, and its successor organizations, for, the court by NSA, such information Defense bills. For example, we were which document the means by which foreign shall be examined ex parte, in camera by the certainly aware that the LPD–17 design intelligence or counterintelligence is col- court. is in production, but at a very low rate. lected through technical systems; and ‘‘(ii) The court shall determine, to the full- The committee supported funding for ‘‘(ii) files of the Research Associate Direc- est extent practicable, the issues of fact the fiscal year 2004 ship. I also under- torate, and its successor organizations, based on sworn written submissions of the stand that the Navy is attempting to which document the means by which foreign parties. accelerate production to allow procure- intelligence or counterintelligence is col- ‘‘(iii) When a complainant alleges that re- lected through scientific and technical sys- quested records are improperly withheld be- ment of a ship in fiscal year 2005. cause of improper placement solely in ex- Ms. LANDRIEU. The LPD–17 is cer- tems. ‘‘(B) Files which are the sole repository of empted operational files, the complainant tainly an excellent example of the di- disseminated intelligence, and files that shall support such allegation with a sworn lemma posed in our Navy’s ship- have been accessioned into NSA Archives, or written submission based upon personal building program. I am hopeful that as its successor organizations, are not oper- knowledge or otherwise admissible evidence. we move through the authorization ational files. ‘‘(iv)(I) When a complainant alleges that process, some accommodation will be ‘‘(3) Notwithstanding paragraph (1), ex- requested records were improperly withheld found to move that shipbuilding pro- empted operational files shall continue to be because of improper exemption of oper- gram along. Certainly, this ship class, subject to search and review for information ational files, NSA shall meet its burden concerning— under section 552(a)(4)(B) of title 5, United if produced at greater levels can clear ‘‘(A) United States citizens or aliens law- States Code, by demonstrating to the court the decks, so to speak, for the other, fully admitted for permanent residence who by sworn written submission that exempted advanced ships, which are in develop- have requested information on themselves operational files likely to contain respon- ment now. pursuant to the provisions of section 552 or sible records currently perform the functions Mr. WARNER. I acknowledge the 552a of title 5, United States Code; set forth in paragraph (2). Senator’s comments and concerns. ‘‘(B) any special activity the existence of ‘‘(II) The court may not order NSA to re- The PRESIDING OFFICER. Is there which is not exempt from disclosure under view the content of any exempted oper- further debate? the provisions of section 552 of title 5, United ational file or files in order to make the If not, without objection, the amend- States Code; or demonstration required under subclause (I), ment is agreed to. ‘‘(C) the specific subject matter of an in- unless the complainant disputes NSA’s show- The amendment (No. 700) was agreed vestigation by any of the following for any ing with a sworn written submission based to. impropriety, or violation of law, Executive on personal knowledge or otherwise admis- Mr. WARNER. I move to reconsider order, or Presidential directive, in the con- sible evidence. duct of an intelligence activity: ‘‘(v) In proceedings under clauses (iii) and the vote. (iv), the parties may not obtain discovery Mr. LEVIN. I move to lay that mo- ‘‘(i) The Committee on Armed Services and the Permanent Select Committee on Intel- pursuant to rules 26 through 36 of the Fed- tion on the table. ligence of the House of Representatives. eral Rules of Civil Procedure, except that re- The motion to lay on the table was ‘‘(ii) The Committee on Armed Services quests for admissions may be made pursuant agreed to. and the Select Committee on Intelligence of to rules 26 and 36. AMENDMENT NO. 779 the Senate. ‘‘(vi) If the court finds under this para- Mr. WARNER. On behalf of Senator ‘‘(iii) The Intelligence Oversight Board. graph that NSA has improperly withheld re- ALLARD, I offer an amendment on the ‘‘(iv) The Department of Justice. quested records because of failure to comply protection of the operational files of ‘‘(v) The Office of General Counsel of NSA. with any provision of this subsection, the ‘‘(vi) The Office of the Inspector General of court shall order NSA to search and review the National Security Agency that the appropriate exempted operational file or would strike section 1035 of S. 1050 and the Department of Defense. ‘‘(vii) The Office of the Director of NSA. files for the requested records and make such replace it with this amendment. It is ‘‘(4)(A) Files that are not exempted under records, or portions thereof, available in ac- cleared on both sides. paragraph (1) which contain information de- cordance with the provisions of section 552 of The PRESIDING OFFICER. The rived or disseminated from exempted oper- title 5, United States Code, and such order clerk will report. ational files shall be subject to search and shall be the exclusive remedy for failure to The legislative clerk read as follows: review. comply with this subsection. The Senator from Virginia [Mr. WARNER], ‘‘(B) The inclusion of information from ex- ‘‘(vii) If at any time following the filing of for Mr. ALLARD, proposes an amendment empted operational files in files that are not a complaint pursuant to this paragraph NSA numbered 779. exempted under paragraph (1) shall not af- agrees to search the appropriate exempted fect the exemption under paragraph (1) of the operational file or files for the requested The amendment is as follows: originating operational files from search, re- records, the court shall dismiss the claim (Purpose: To provide a substitute for section view, publication, or disclosure. based upon such complaint. 1035, relating to the protection of the oper- ‘‘(C) The declassification of some of the in- ‘‘(viii) Any information filed with, or pro- ational files of the National Security formation contained in exempted oper- duced for the court pursuant to clauses (i) Agency) ational files shall not affect the status of the and (iv) shall be coordinated with the Direc- Strike section 1035 and insert the fol- operational file as being exempt from search, tor of Central Intelligence before submission lowing: review, publication, or disclosure. to the court. SEC. 1035. PROTECTION OF OPERATIONAL FILES ‘‘(D) Records from exempted operational ‘‘(b) DECENNIAL REVIEW OF EXEMPTED OF THE NATIONAL SECURITY AGEN- files which have been disseminated to and OPERATIONAL FILES.—(1) Not less than once CY. referenced in files that are not exempted every 10 years, the Director of the National (a) CONSOLIDATION OF CURRENT PROVISIONS under paragraph (1), and which have been re- Security Agency and the Director of Central ON PROTECTION OF OPERATIONAL FILES.—The turned to exempted operational files for sole Intelligence shall review the exemptions in

VerDate Jan 31 2003 04:38 May 22, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.044 S21PT1 S6838 CONGRESSIONAL RECORD — SENATE May 21, 2003 force under subsection (a)(1) to determine Mr. LEVIN. I move to lay that mo- within the Commercial Joint Mapping Tool whether such exemptions may be removed tion on the table. Kit (C/JMTK) applications for the rapid ex- from a category of exempted files or any por- The motion to lay on the table was traction and exploitation of three-dimen- tion thereof. The Director of Central Intel- agreed to. sional geospatial data from reconnaissance ligence must approve any determination to imagery. remove such exemptions. AMENDMENT NO. 746, AS MODIFIED (2) In this subsection, the term ‘‘appro- ‘‘(2) The review required by paragraph (1) Mr. LEVIN. Mr. President, on behalf priate committees of Congress’’ means— shall include consideration of the historical of Senator DODD, I offer an amendment (A) the Committee on Armed Services, the value or other public interest in the subject which requires the Army to study the Subcommittee on Defense of the Committee matter of a particular category of files or use of a second source of production for on Appropriations, and the Select Com- portions thereof and the potential for declas- gears incorporated into CH–47 heli- mittee on Intelligence of the Senate; and sifying a significant part of the information (B) the Committee on Armed Services, the contained therein. copter transmissions. Subcommittee on Defense of the Committee ‘‘(3) A complainant that alleges that NSA The PRESIDING OFFICER. The on Appropriations, and the Permanent Se- has improperly withheld records because of clerk will report. lect Committee on Intelligence of the House failure to comply with this subsection may The legislative clerk read as follows: of Representatives. seek judicial review in the district court of The Senator from Michigan [Mr. LEVIN], The PRESIDING OFFICER. Is there the United States of the district in which for Mr. DODD, proposes an amendment num- further debate on the amendment. any of the parties reside, or in the District of bered 746, as modified. Columbia. In such a proceeding, the court’s If not, without objection, the amend- review shall be limited to determining the The amendment is as follows: ment is agreed to. following: (Purpose: To require an Army study regard- The amendment (No. 784) was agreed ‘‘(A) Whether NSA has conducted the re- ing use of a second source of production for to. view required by paragraph (1) before the ex- gears incorporated into helicopter trans- Mr. WARNER. I move to reconsider piration of the 10-year period beginning on missions for CH–47 helicopters) the vote. the date of the enactment of the National On page 17, strike line 11 and insert the fol- Mr. LEVIN. I move to lay that mo- Defense Authorization Act for Fiscal Year lowing: tion on the table. 2004 or before the expiration of the 10-year SEC. 111. CH–47 HELICOPTER PROGRAM. The motion to lay on the table was period beginning on the date of the most re- (a) REQUIREMENT FOR STUDY.—The Sec- agreed to. cent review. retary of the Army shall study the feasi- AMENDMENT NO. 797 ‘‘(B) Whether NSA, in fact, considered the bility and the costs and benefits of providing criteria set forth in paragraph (2) in con- for the participation of a second source in Mr. LEVIN. Mr. President, I offer an ducting the required review.’’. the production of gears for the helicopter amendment on behalf of Senator (c) CONFORMING AMENDMENTS.—(1) Section transmissions incorporated into CH–47 heli- LIEBERMAN that would provide for a 701(b) of the National Security Act of 1947 (50 copters being procured by the Army with Department of Defense strategy for the U.S.C. 431(b)) is amended by striking ‘‘For funds authorized to be appropriated by this management of the electromagnetic purposes of this title’’ and inserting ‘‘In this Act. spectrum. I believe it is cleared on both section and section 702,’’. (b) REPORT.—Not later than 90 days after (2) Section 702(c) of such Act (50 U.S.C. sides. the date of the enactment of this Act, the The PRESIDING OFFICER. The 432(c)) is amended by striking ‘‘enactment of Secretary shall submit a report on the re- this title’’ and inserting ‘‘October 15, 1984,’’. sults of the study to Congress. clerk will report. (3)(A) The title heading for title VII of The legislative clerk read as follows: The PRESIDING OFFICER. Is there such Act is amended to read as follows: The Senator from Michigan [Mr. LEVIN], ‘‘TITLE VII—PROTECTION OF further debate on the amendment? for Mr. LIEBERMAN, proposes an amendment OPERATIONAL FILES’’. If not, without objection, the amend- numbered 797. (B) The section heading for section 701 of ment is agreed to. The amendment is as follows: The amendment (No. 746), as modi- such Act is amended to read as follows: (Purpose: To provide for a strategy for the ‘‘PROTECTION OF OPERATIONAL FILES OF THE fied, was agreed to. Department of Defense for the manage- CENTRAL INTELLIGENCE AGENCY’’. Mr. LEVIN. I move to reconsider the ment of the electromagnetic spectrum) (C) The section heading for section 702 of vote. At the end of subtitle D of title II, add the such Act is amended to read as follows: Mr. WARNER. I move to lay that mo- following: ‘‘DECENNIAL REVIEW OF EXEMPTED CENTRAL tion on the table. SEC. 235. DEPARTMENT OF DEFENSE STRATEGY INTELLIGENCE AGENCY OPERATIONAL FILES.’’. The motion to lay on the table was FOR MANAGEMENT OF ELECTRO- MAGNETIC SPECTRUM. (d) CLERICAL AMENDMENTS.—The table of agreed to. (a) IN GENERAL.—The Secretary of Defense contents for the National Security Act of AMENDMENT NO. 784 shall— 1947 is amended— Mr. WARNER. On behalf of Senator (1) by striking the items relating to sec- (1) in accordance with subsection (b), de- CHAMBLISS, I offer an amendment to re- tions 105C and 105D; and velop a strategy for the Department of De- (2) by striking the items relating to title quire the National Imagery and Map- fense for the management of the electro- VII and inserting the following new items: ping Agency to provide a report on cer- magnetic spectrum to improve spectrum ac- tain imagery exploitation capabilities. cess and high-bandwidth connectivity to ‘‘TITLE VII—PROTECTION OF OPERATIONAL It is cleared on both sides. military assets. FILES The PRESIDING OFFICER. The (2) in accordance with subsection (c), com- ‘‘Sec. 701. Protection of operational files of municate with civilian departments and the Central Intelligence Agen- clerk will report. agencies of the Federal Government in the cy. The legislative clerk read as follows: development of the strategy identified in ‘‘Sec. 702. Decennial review of exempted The Senator from Virginia [Mr. WARNER], (a)(1). Central Intelligence Agency for Mr. CHAMBLISS, proposes an amendment (b) STRATEGY FOR DEPARTMENT OF DEFENSE operational files. numbered 784. STRATEGY FOR SPECTRUM MANAGEMENT.—(1) ‘‘Sec. 703. Protection of operational files of The amendment is as follows: Not later than September 1, 2004, the Board the National Imagery and Map- shall develop a strategy for the Department ping Agency. (Purpose: To require a report on the efforts of Defense for the management of the elec- ‘‘Sec. 704. Protection of operational files of of the National Geospatial-Intelligence tromagnetic spectrum in order to ensure the the National Reconnaissance Agency to utilize certain data extraction development and use of spectrum-efficient Office. and exploitation capabilities within the technologies to facilitate the availability of ‘‘Sec. 705. Protection of operational files of Commercial Joint Mapping Tool Kit (C/ adequate spectrum for both network-centric the National Security Agen- JMTK)) warfare. The strategy shall include specific cy.’’. On page 226, between the matter following timelines, metrics, plans for implementation The PRESIDING OFFICER. Is there line 14 and line 15, insert the following: including the implementation of tech- further debate on the amendment? (c) REPORT ON UTILIZATION OF CERTAIN nologies for the efficient use of spectrum, If not, without objection, the amend- DATA EXTRACTION AND EXPLOITATION CAPA- and proposals for program funding. BILITIES.—(1) Not later than 60 days after the ment is agreed to. (2) In developing the strategy, the Board date of the enactment of this Act, the Direc- shall consider and take into account in the The amendment (No. 779) was agreed tor of the National Geospatial-Intelligence strategy the research and development pro- to. Agency shall submit to the appropriate com- gram carried out under section 234. Mr. WARNER. I move to reconsider mittees of Congress a report on the status of (3) The Board shall assist in updating the the vote. the efforts of the Agency to incorporate strategy developed under paragraph (1) on a

VerDate Jan 31 2003 04:35 May 22, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.045 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6839 biennial basis to address changes in cir- military construction projects for the evance test under the consent agree- cumstances. Army. It is cleared on both sides. ment, so I will offer it on another day. (4) The Board shall communicate with The PRESIDING OFFICER. The The amendment is intended to recog- other departments and agencies of the Fed- clerk will report. nize the enormous contributions to our eral Government in the development of the country by immigrants serving in the strategy described in subsection (a)(1), in- The legislative clerk read as follows: cluding representatives of the military de- The Senator from Virginia [Mr. WARNER] military. It gives immigrant men and partments, the Federal Communications proposes an amendment numbered 798. women in our Armed Forces more rapid Commission, the National Telecommuni- The amendment is as follows: naturalization, and it establishes pro- cations and Information Administration, the tections for their families if they are (Purpose: To strike subsection (c) of section Department of Homeland Security, the Fed- killed in action. 2101 relating to unspecified worldwide mili- eral Aviation Administration, and other ap- In all our wars, immigrants have tary construction projects for the Army) propriate departments and agencies of the fought side by side and given their Federal Government. On page 322, strike line 8 and all that fol- lives to defend America’s freedom and (c) BOARD DEFINED.—In this section, the lows through page 324, line 10. On page 326, strike lines 1 through 3. ideals. One out of every five recipients term ‘‘Board’’ means the Board of Senior Ac- of the Congressional Medal of Honor, quisition Officials as defined in section 822. On page 328, line 21, strike ‘‘(1), (2), and (3)’’ and insert ‘‘(1) and (2)’’. the highest honor our Nation bestows The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there on our war heroes, has been an immi- further debate on the amendment? further debate on the amendment? grant. Their bravery is unequivocal If not, without objection, the amend- If not, without objection, the amend- proof that immigrants are as dedicated ment is agreed to. ment is agreed to. as any other Americans to defending The amendment (No. 797) was agreed The amendment (No. 798) was agreed our country. to. to. Today, 37,000 men and women in the Mr. LEVIN. I move to reconsider the Mr. WARNER. I move to reconsider Army, Navy, Marines, Air Force, and vote. the vote. Coast Guard are not yet citizens, but Mr. WARNER. I move to lay that mo- Mr. LEVIN. I move to lay that mo- have the status of permanent residents. tion on the table. tion on the table. Another 12,000 permanent residents are The motion to lay on the table was The motion to lay on the table was in the Reserves and the National agreed to. agreed to. Guard. Sadly, 10 immigrant soldiers AMENDMENT NO. 739 Mr. WARNER. Mr. President, that were killed in Iraq; 2 are missing; and Mr. WARNER. Mr. President, on be- concludes the total of cleared amend- 2 were POWs. The President did the half of Senator DOMENICI, I offer an ments that we can work on tonight. right thing by granting posthumous amendment to authorize reimburse- Our staffs will continue to work citizenship to those who died, but it is ment for travel expenses of covered through the evening. Hopefully, an- clear that we can do more to ease the beneficiaries of CHAMPUS for spe- other dozen or so will be ready first path to citizenship for all immigrants cialty care in order to cover specialized thing in the morning. I thank my dis- who serve in our forces. dental care. tinguished colleague for his usual co- My amendment improves access to The amendment is cleared. operation and advice. naturalization for permanent residents The PRESIDING OFFICER. The Mr. LEVIN. I thank my good friend in the military and it protects spouses, clerk will report the amendment. from Virginia. We are both in the debt children, and parents of soldiers killed The legislative clerk read as follows: of the Presiding Officer, who has been in action by preserving their ability to file for permanent residence in the The Senator from Virginia [Mr. WARNER], patient through some long delays. United States. for Mr. DOMENICI, proposes an amendment They have been essential. Specifically, the amendment reduces numbered 739. Mr. WARNER. Our Parliamentarians The amendment is as follows: from 3 to 2 the number of years re- have been put to the test and they de- quired for these immigrants to become (Purpose: To expand reimbursement for trav- serve a measure of recognition for a job el expenses of covered beneficiaries of naturalized citizens. It exempts them well done. I thank the Chair and the from paying naturalization filing fees, CHAMPUS for specialty care in order to staff. If you think this has been a late cover specialized dental care) and it enables them to be naturalized night, wait until tomorrow. while stationed abroad. Affordable and At the appropriate place in title VII, insert Mr. LEVIN. Something to look for- the following: timely naturalization is the least we ward to. can do for those who put their lives on SEC. ll. REIMBURSEMENT OF COVERED BENE- Mr. WARNER. I believe we are mak- FICIARIES FOR CERTAIN TRAVEL EX- the line to defend our nation. PENSES RELATING TO SPECIALIZED ing good progress on this bill. It is my During times of war, recruiting needs DENTAL CARE. hope and, indeed, my expectation that are immediate and readiness is essen- Section 1074i of title 10, United States we can complete this bill by midday to- tial. Even though the war in Iraq has Code, is amended— morrow. I know that my colleague ended, our commitment to ending glob- (1) by inserting ‘‘(a) IN GENERAL.—’’ before from Michigan and I, together with our al terrorism will continue, and more of ‘‘In any case’’; and respective leadership, are endeavoring (2) by adding at the end the following new these brave men and women will be subsection: to achieve that. When I made reference called to active duty. Many of them are ‘‘(b) SPECIALTY CARE PROVIDERS.—For pur- to tomorrow night, it related to other members of the Selected Reserve—Re- poses of subsection (a), the term ‘specialty matters of legislation, not this bill. serve and National Guard members care provider’ includes a dental specialist Mr. LEVIN. A great sigh of relief. who may be called up for active duty (including an oral surgeon, orthodontist, Mr. WARNER. Mr. President, I sug- during a war or other national emer- prosthodontist, periodontist, endodontist, or gest the absence of a quorum. gency. Many have already been acti- pediatric dentist).’’. The PRESIDING OFFICER. The vated, and many more could be called The PRESIDING OFFICER. Without clerk will call the roll. up at a moment’s notice to defend our objection, the amendment is agreed to. The legislative clerk proceeded to country and assist in military oper- The amendment (No. 739) was agreed call the roll. ations. to. Mr. BROWNBACK. Mr. President, I Over the years, Reserve and Guard Mr. WARNER. I move to reconsider ask unanimous consent that the order units have often become full partners the vote. for the quorum call be rescinded. with their active-duty counterparts. Mr. LEVIN. I move to lay that mo- The PRESIDING OFFICER. Without Their active-duty colleagues cannot go tion on the table. objection, it is so ordered. to war without them. Being a member The motion to lay on the table was Mr. KENNEDY. Mr. President, I want of the Selected Reserves is nothing less agreed to. to say a few words about an amend- than a continuing commitment to AMENDMENT NO. 798 ment that I had hoped to offer to help meet very demanding standards, and Mr. WARNER. Mr. President, I offer our troops and that has strong bipar- they deserve recognition for their brav- an amendment that would strike sub- tisan support. But the Parliamentarian ery and sacrifice. The amendment al- section (c) of section 2101 to authorize says it doesn’t quite meet the rel- lows permanent resident members of

VerDate Jan 31 2003 04:35 May 22, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.047 S21PT1 S6840 CONGRESSIONAL RECORD — SENATE May 21, 2003 the Selected Reserves to expedite their ter in Cleveland and Wright-Patterson rated Armed Forces Day. As President naturalization applications during war Air Force Base in Dayton. Eisenhower wrote in 1953: ‘‘It is fitting or military hostilities. In Ohio alone, NASA and DoD work and proper that we devote one day each Finally, the amendment provides im- together on projects that include: year to paying special tribute to those migration protection to immediate Joint fuel cell research to be used in whose constancy and courage con- family members of soldiers killed in space applications, Army use of Glenn stitute one of the bulwarks guarding action. Grieving mothers, fathers, Research Center expertise in testing the freedom of this Nation and the spouses, and children would be given helicopter rotor engines, and Navy use peace of the free world.’’ the opportunity to legalize their immi- of Glenn Research Center expertise in I agree with that sentiment but I gration status and avoid deportation in missile propulsion program. would also say that it is fitting and the event of death of their loved one These joint efforts are not limited to proper to pay tribute to the heroism serving in our military. We know the Ohio; this collaboration exists nation- and sacrifice of our brave men and tragic losses endured by these families, wide. At other Centers throughout the women in the Armed Forces on each and it is unfair that they lose their im- Nation DoD depends on NASA facili- and every day. migration status as well. ties, such as its wind tunnels, for devel- We must always remember that our The provisions of the amendment are opment and testing of all military air- own freedom was not won without cost, identical to those in S. 922, the Natu- craft, including the Joint Strike Fight- but bought and paid for by the sac- ralization and Family Protection for er; DoD relies on NASA for technical rifices of generations that have gone Military Members Act, which has assistance in investigating and cor- before. We must take every oppor- strong bipartisan support and is also recting DoD flight problems; the Na- tunity to honor these heroes for their endorsed by numerous veterans organi- tional Aerospace Initiative, formed at courage and their commitment to the zations including: the Veterans of For- the direction of the Presidential Com- dream that is freedom. eign Wars, the Air Force Sergeants As- mission on the Future of Aerospace, is I know I speak for the people of my sociation, the Non-Commissioned Offi- a joint DoD-NASA project to develop State of Texas, and for all Americans, cers Association, and the Blue Star the future of aerospace technology that when I give thanks that the operation Mothers of America. is critical to national defense. in Iraq has recently reached such a The amendment is a tribute to the The American Helicopter Society swift conclusion, with so few coalition sacrifices that these future Americans awarded the 2002 Howard Hughes Award lives lost. One in 10 active-duty military per- are already making now for their to NASA’s Langley Research Center. sonnel call Texas their home, and as a adopted country. They deserve this im- Established in 1977, the Howard Hughes member of the Armed Services Com- portant recognition and I look forward award is given in recognition of accom- mittee, I am dedicated to looking after to working with my colleagues to see plishments in the helicopter industry. their interests and the interests of all that these provisions are enacted into NASA partnered with the Army, and of our military personnel. We must en- law. working in conjunction with academia sure that the United States military Mr. VOINOVICH. Mr. President, I and the private sector, developed what has the training, the equipment, and rise today to express my disappoint- it calls ‘‘Tilt Rotor Aeroacoustics the facilities they require to remain ment that the Senate is not able to act Code.’’ This is the technology to reduce the greatest fighting force the world on my amendment to the Defense Au- the noise generated by helicopter ro- has ever known, in times of war and thorization bill: the NASA Workforce tors. peace. Flexibility Act. NASA and DoD have a My amendment addresses NASA’s I support this legislation because it long history of collaboration on numer- current and future workforce needs. It is focused on that goal. And I would ous programs that are central to the would direct NASA to work with OPM like to take this opportunity to thank success of each agency and the exper- and its employees to develop an agen- the distinguished Senators from Vir- tise NASA provides DoD is critical to cy-wide workforce plan. ginia and Michigan for their hard work our national security. In the highly competitive science and and leadership as chairman and rank- For over a year, NASA has been dis- engineering fields, my amendment ing member of the Armed Services cussing with us the impending crisis would authorize NASA to offer en- Committee. within their workforce. In March, my hanced recruitment and relocation bo- As members of the committee, we Subcommittee on Oversight of Govern- nuses to attract and retain top talent. have recommended a $17.9 billion in- ment Management and the Federal It also would allow NASA to offer a crease above the amount appropriated Workforce held a hearing on this very mid-career individual in the private by the Congress last year. This funding issue. Of great concern to me is the sector a vacation package competitive will enhance the ability of the Depart- fact that 15 percent of NASA’s work- with the private sector and comparable ment of Defense to fulfill its homeland force currently is eligible to retire; to career federal employees. In addi- defense responsibilities, and sustain that number climbs to 25 percent in tion, my amendment would establish a the ability of our Armed Forces to con- just five short years. Also dis- competitive scholarship program for duct military operations with the few- concerting is the fact that scientists students in return for employment at est lives lost. and engineers over age 60 outnumber NASA. We also addressed a number of other those under age 30 by nearly three to Mr. President, this body took re- defense priorities in this bill, including one. markable action last year when it in- a 3.7 percent across-the-board pay raise With so many experienced people eli- cluded in the creation of the Depart- for all uniformed service personnel, an gible to retire in the next few years, ment of Homeland Security the first increase in the family separation al- who knows how much institutional major governmentwide reforms to the lowance from $100 per month to $250 knowledge and expertise is going to civil service in 25 years, since 1978. per month, and an increase in the spe- walk out the door? This creates sub- That was a good first step, but we have cial pay rate for duty in imminent dan- stantial risk to NASA and our national much more work to do. I am concerned ger from $150 per month to $225 per security. that human capital remains on GAO’s month. During the war in Iraq, we saw some high-risk list for 2003 throughout the The only area where I do want to of the tremendous benefit our advanced federal government. draw some distinctions between my technology provides to our troops. In such a critical area as national se- own position and the position of this Many people may not be aware that curity, it is clear that the Department bill concerns the F/A–22 aircraft. The NASA and DoD collaboration is central of Defense needs NASA. And NASA committee’s decision to decrease fund- to providing for our national security. needs workforce reform. ing for the F/A–22 Raptor by $217 mil- We have many examples in my own Mr. CORNYN. Mr. President, I rise lion, representing two fighters, simply State of Ohio. As the former Mayor of today to say a few words regarding the does not make sense to me. Cleveland and Governor of Ohio, I have Defense Authorization Act. The F/A–22 is our next generation seen firsthand the collaboration be- On Saturday of last week, May 17, fighter aircraft, and it will serve to re- tween the NASA Glenn Research Cen- people all across our Nation commemo- place the aging fighters currently in

VerDate Jan 31 2003 04:35 May 22, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.052 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6841 our inventory. President Bush re- these men and women and their fami- considered by the Senate—if for no quested funding for 22 Raptors, and I lies by providing them with a pay raise other reason than the House of Rep- believe we should fulfill that request. of 3.7 percent. Moreover, it mandates a resentatives has already acted on a Reducing our funding in response to $100 a month pay incentive for military similar measure. Both the House Gov- the President’s budget request will personnel in North Korea, increases the ernment Reform Committee and the only raise questions about our commit- family separation allowance $150 a House Armed Services Committee ap- ment to this program, unsettle the month, increases hostile fire and immi- proved a version of the National Secu- confidence of the subcontractors and nent duty pay by an additional $175 a rity Personnel System, and it will be suppliers, and ultimately make the en- month, and doubles the death gratuity included in the Defense Authorization tire program more expensive. retroactive to September 11, 2001. Act that the House sends to Con- Overall, the committee has produced S. 1050 not only addresses the short- ference. a good bill. These pay raises are needed term needs of the military but gives I remind my colleagues that a new and deserved. The funding provides for equal consideration to the long-term human resources management system much-needed support for our military challenges facing the services. The for the Department of Defense will infrastructure and equipment. And I $63.2 billion authorized in the bill for emerge from Conference. It will be one am proud to support these measures. research and development is critically in which the Senate as a whole has had I would also like to take this oppor- needed to make sure our troops will no voice, and the first time this cham- tunity to thank Chairman WARNER for continue to have access to the most ad- ber votes on it will be during the final including language in the legislation vanced equipment to keep them safe passage of the Defense Authorization which directs the Department of De- and one step ahead of those who would Act later this year. This is regrettable. fense to determine if any additional do us harm. We have seen on countless I have worked on Federal Govern- measures can be taken to assist the occasions over the last several months ment personnel issues generally, and naturalization of qualified service how investments in research and devel- Department of Defense personnel issues members and their families. opment lead to a fighting force capable specifically, since I arrived in the Sen- This language is consistent with the of unprecedented precision and mobil- ate 4 years ago. Military Citizenship Act, a bill that I ity, which saves lives and allows for de- In March 2001, the Subcommittee on recently introduced, that will expedite cisive military victories. Oversight of Government Management the naturalization process for the near- This legislation addresses some im- held a hearing entitled, ‘‘National Se- ly 37,000 men and women serving in our portant nonfinancial policy issues as curity Implications of the Human Cap- Armed Forces who are not U.S. citi- well. S. 1050 strikes a balance between ital Crisis.’’ This hearing is just one of zens. I believe there is no better way to environmental protection and the need 13 that have been held by my Sub- to provide our troops with important honor the heroism and sacrifice of committee on the Federal Govern- training. It allows for the examination those who serve than to offer them the ment’s human capital challenges. and evaluation of weapons and counter- American citizenship they deserve. Among our panel of distinguished As we labor on this bill, we should measure systems to make sure current witnesses that day was former Defense take care to remember the sacrifices— and future Presidents and military Secretary James Schlesinger, a mem- leaders have all options available to not just the sacrifices of the brave men ber of the U.S. Commission on National them when making decisions per- and women who fight on the battle- Security in the 21st Century. Secretary taining to military action and national field, but also the sacrifices of the fam- Schlesinger discussed a comprehensive security. The bill also provides tens of ilies they leave behind. evaluation on national security strat- I remember watching as the deploy- millions of dollars to aid in homeland egy and structure that was undertaken defense initiatives such as the Chem- ment was occurring from Camp by the Commission. Regarding human ical and Biological Installation/Force Lejeune, where a young mother with capital, the Commission’s final report Protection Program, and the WMD her child was saying goodbye to her concluded: civil support teams. As it enters the 21st century, the United husband. I will never forget her words. I recognize this measure is not per- She said: ‘‘I used to think that if he States finds itself on the brink of an unprec- fect and there are some funding and edented crisis of competence in government. loved us, he would never leave us. But policy provisions on which Senators now I know that he is leaving us be- The maintenance of American power in the may disagree. For example, I am very world depends on the quality of U.S. govern- cause he loves us.’’ concerned by the committee’s decision ment personnel, civil and military, at all We as a grateful Nation thank the to cut the President’s request for the levels. We must take immediate action in brave men and women who serve in procurement of 22 F/A–22 Raptors. Yet the personnel area to ensure that the United uniform for the cause of freedom. We I know these and other issues will con- States can meet future challenges. wish them all godspeed, and we hope tinue to be addressed by both the com- Secretary Schlesinger added further: and pray for their swift return to the mittee and the administration as this . . . it is the Commission’s view that fixing loving arms of their families. bill moves forward and should not be the personnel problem is a precondition for Mr. SUNUNU. Mr. President, I rise cause to delay passage of this impor- fixing virtually everything else that needs today to congratulate the Senator tant piece of legislation. repair in the institutional edifice of U.S. na- from Virginia, Mr. WARNER, the chair- I am pleased to support S. 1050, and I tional security policy. man of the Armed Services Committee, thank the chairman and ranking mem- Just last week, my Subcommittee and the Senator from Michigan, Mr. ber for their work. held a field hearing in Ohio entitled, LEVIN, the ranking member of the Mr. VOINOVICH. Mr. President, in ‘‘An Overlooked Asset: the Defense Ci- Armed Services Committee, for the this important debate on the Fiscal vilian Workforce.’’ During this hearing, work they have done to bring before Year 2004 National Defense Authoriza- I heard testimony on the National Se- the Senate a Defense authorization bill tion Act, I am deeply disappointed that curity Personnel System from Dr. that will serve as a blueprint to ensure the Parliamentarian has ruled irrele- David Chu, the Under Secretary of De- the U.S. Armed Forces have the re- vant the amendment which Senator fense for Personnel and Readiness, and sources they need in the upcoming fis- COLLINS and I planned to offer. Our the head of the U.S. General Account- cal year and beyond. amendment would establish the Na- ing Office, Comptroller General David The Department of Defense faces tional Security Personnel System for Walker. many challenges in carrying out its the more than 700,000 civilian employ- Dr. Chu testified that, ‘‘the rigidities various missions across the globe. This ees of the Department of Defense. The of the title 5 system of personnel man- legislation authorizes critical funds to impact of the parliamentarian’s ruling agement make it difficult for our civil- make sure our troops have the weapons is that the Senate will be silent on one ians to support the military.’’ He stat- systems and munitions they need to of the most substantial modifications ed that the Defense Department’s top continue to do the outstanding work to civil service law in the last 25 years. three priorities were hiring flexibili- they do every day for our freedom, al- This is most unfortunate. ties, reform of the compensation sys- lowing for $75.6 billion in procurement There is absolutely no doubt in my tem, and bargaining at the national funding. The legislation does right by mind that this amendment should be level with the Department’s unions.

VerDate Jan 31 2003 04:35 May 22, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.153 S21PT1 S6842 CONGRESSIONAL RECORD — SENATE May 21, 2003 Mr. Walker stated that ‘‘We strongly must grant the Department of Defense number of our concerns and incor- support the concept of modernizing the ability to bargain with its unions porates some of our recommendations Federal human capital policies within at the national level. to strengthen our missile defense pro- DOD and the Federal Government at The new system also should provide grams. large,’’ and ‘‘the Federal personnel sys- the Secretary of Defense additional I fully support the provision in the tem is clearly broken in critical re- flexibility in hiring personnel outside bill that will provide Congress impor- spects.’’ However, he also noted that of the United States on short notice, as tant information on the funding re- the ‘‘senior civilian and military lead- well as additional benefits for certain quired to actually procure, not just re- ers have devoted ‘far less’ attention to Defense personnel serving abroad. search, our missile defense systems. civilian personnel challenges than the I support retaining the Director of This provision, when enacted, will challenges of maintaining an effective the Office of Personnel Management as provide Congress and the American military,’’ and that the Department a strategic partner with the Secretary people a window into the costs of our needs to further develop and integrate of Defense in the establishment of this missile defense plans, and will also its departmentwide human capital new personnel system, and I do not be- help ensure that we know up front how strategies. lieve that the Secretary should have much funding is required to deploy fu- But even before these hearings in ‘‘sole, unreviewable’’ authority over ture missile defense systems. which the national security establish- this new system. I also am pleased that the bill will re- ment’s personnel needs were outlined The provisions I just described will store a national missile defense inter- so clearly, I have been working to im- give the Defense Department the au- cept test in fiscal year 2004. The admin- prove the management of the Defense thority to create a modern personnel istration has decided to cancel 9 of 20 civilian workforce. Many of the acute system to meet the challenges of the previously planned intercept tests for challenges confronting the Defense ci- 21st century. this system. One of the cancelled tests vilian workforce were brought to my Despite the documented need for fur- was to have occurred in 2004. This is of concern to me—I believe we attention several years ago through ther significant reform of the civil need to test systems before we deploy conversations with senior managers, service, and the Defense Department’s them. Restoration of the test in 2004 both military and civilian, at Wright concerted and diligent efforts in this will substantially enhance our knowl- Patterson Air Force Base in Dayton, area that culminated in the proposed edge of the missile defense system the Ohio. National Security Personnel System, President has decided to field at the When the Senate was considering the the Senate apparently will take no ac- end of 2004. Adding this one test will 2001 National Defense Authorization tion. Mr. President, in this regard, the increase the number of full-up tests of Act in June 2000, Senator DEWINE and United States Senate has abrogated its the system between now and the field- I offered an amendment that would responsibility to the civilian employing date by 50 percent. provide the Defense Department the ees of the Department of Defense. The bill also contains a requirement Mr. NELSON of Florida. Mr. Presi- ability to reshape its workforce for the Department to report to Con- dent, I rise today to speak in favor of through the use of early retirement gress on why the national missile de- and voluntary separation incentives. the National Defense Authorization fense test plan has changed so radi- Securing passage of that relatively Act for Fiscal Year 2004 and what this cally. This is a positive step. simple amendment was not easy. I bill does for our national security. Unfortunately, the bill does not urge worked closely with the distinguished I am honored to be the ranking mem- the administration to restore the other Chairman of the Armed Services Com- ber on the Subcommittee on Strategic eight cancelled tests, or require the ad- mittee, Senator JOHN WARNER, the dis- Forces. I thank Senator ALLARD, the ministration to notify Congress if it tinguished Ranking Member of the chairman of the subcommittee, for his decides to cancel even more tests. Armed Services Committee, Senator leadership and generous spirit of co- Congress has a modern tradition of CARL LEVIN, and my distinguished col- operation. using testing—developmental and oper- league on the Armed Services Com- This bill accomplishes much that is ational—as a critical element of its mittee, Senator JAMES INHOFE, to en- good for America, and I am proud to constitutional oversight responsibility. sure the adoption of that modest re- have been a part of shaping the direc- We should not abandon this now. form. tion of our current and future security. The President plans to field a missile I wish the Senate had built on this The Strategic Forces Subcommittee defense system in 2004, yet that system earlier reform and the broader reforms has had a good year with a number of is still years from being fully tested that were included in the Homeland Se- hearings on the difficult and complex and proven. When deployed in 2004 it is curity Act last year. issues that fall within the subcommit- not clear how well the system would I would like to outline briefly what tee’s jurisdiction. With just a few ex- work if called upon. Only a disciplined, should be included in the National Se- ceptions, the provisions in the bill on fully funded, and rigorous test program curity Personnel System. the floor today are balanced and enjoy will determine that. First, the system should feature the strong bipartisan support. During the debate on this bill, I hope broad flexibilities that were provided In the space program area, an area of we can find a way to restore some of to the Department of Homeland Secu- great interest to both Senator ALLARD the testing unwisely removed from the rity. I believe that the labor-manage- and myself, I note our strong support program. ment collaboration process that was of the additional funds provided for the One of the areas the committee bill mandated for that new Department, GPS–3 satellite. does not address is the lack of any and which would be replicated for the The Nation cannot afford to delay yardstick with which to measure the Defense Department, is proving effec- the important technological advances developmental progress of our missile tive in ensuring employee participa- that GPS–3 will provide. defense programs. Essential manage- tion in the establishment of a new The Defense Department wanted to ment tools, common to any technology human resources system. delay this program, but this year’s program, are not in place for missile The Defense Department should use budget request was put together long defense. its flexibility to design and implement before the war in Iraq. With the exception of the Patriot a modern pay-banding and pay-for-per- Given the performance of and the de- PAC–3 program, developed mostly formance system which emphasizes ac- mand for the precision provided by under President Clinton, no other mis- countability, as opposed to the current GPS in the war and U.S. reliance on sile defense programs have any estab- system in which seniority and pay in- GPS generally, the GPS–3 must be ac- lished standards by which to measure creases are based primarily on the pas- celerated. Hopefully, this bill will get their progress in development. Are we sage of time. this vital program back on track. ahead or behind schedule? Are we over, In addition, the new National Secu- The approach taken in the bill on at, or under budget? Is the technology rity Personnel System must include missile defense is balanced. My col- ready, or is there more to learn? substantial hiring flexibility, broad leagues on this side of the aisle and I How can Congress effectively meet workforce reshaping authorities, and appreciate that this bill addresses a our constitutional duty in oversight of

VerDate Jan 31 2003 04:35 May 22, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.079 S21PT1 May 21, 2003 CONGRESSIONAL RECORD — SENATE S6843 this extremely complex and expensive formed well during its development Kazakhstan, to be signatories of the national effort if we do not have an ob- and holds significant promise for the NPT as nonnuclear weapons states. jective, scientifically based yardstick future. I fully support the additional The United States is working hard to to measure our progress? $40 million provided for Fire Scout that reduce tensions and nuclear risks be- Americans know that before you buy should allow production to start in tween Pakistan and India. At the same a car, you would like to know its fuel 2004. time, we are locked in a tough stra- economy, power, load capacities, and I also note my support on the provi- tegic challenge over nuclear weapons whether it has a good maintenance sion that will focus the attention of in North Korea. record. Buying a major weapon system the National Nuclear Security Admin- is not different—no matter how com- istration’s efforts to address the main- With strong leadership we can con- plex. Before the Department of Defense tenance backlog at its facilities. The tinue making progress against the pro- or Congress buys a multibillion-dollar Department of Energy, DOE, has been liferation of weapons of mass destruc- system, we, and the American people, trapped in a death spiral of deferring tion, particularly nuclear weapons. But should want to know how well it should maintenance for 20 years. We all hope we must continue to lead by example. and does perform. For a missile defense that a provision in this bill brings a But we will fail if our leadership sug- program, this means how reliably new dedication to facilities manage- gests to the world that we have accept- interceptors will launch, how many ment that ends the spiral. ed the legitimacy of nuclear weapons missiles it should be able to shoot Finally, one additional area in the as a realistic tactical option. down, how many decoys it can deal bill that troubles me, and many of our I acknowledge that we have legiti- with, and so on. colleagues, is its approach to nuclear mate scientific interests in the reli- The administration has no such weapons. standards for missile defense. At this It appears that the Bush administra- ability and effectiveness of our nuclear moment, neither Congress nor the tion is making a significant change in arsenal and new technologies that may American people know what we are U.S. nuclear weapons policy by blur- improve safety or reduce costs. Mem- getting for our money in missile de- ring the distinction between nuclear bers tend to agree on these research in- fense. Even for the ‘‘limited’’ system and nonnuclear weapons. terests. But Members, and the Amer- the administration plans to field in This blurring appears to be leading to ican people, tend to divide over com- 2004, there is no description of and a new and unsettling notion of usable mitting the Nation to programs that commitment to the types of missiles it nuclear weapons, a possible resumption will develop and deploy new weapons must or will defend against, or how of nuclear weapons testing, and an for purposes other than nuclear deter- many decoys it can handle. I hope we overall approach that would lend re- rence. can find some way to develop some per- newed credibility and legitimacy to nu- We are entering dangerous territory formance standards for our missile de- clear weapons at levels well below here and must move forward carefully, fense program. their traditional strategic deterrence mindful of our global leadership, with- In the area of signals intelligence, I role. This bill supports those goals. out illusions of those threats that are fully support the funding increases for It is important that the United most likely and most dangerous, and signals intelligence aircraft. These as- States maintain a strong nuclear de- without ideological blinders. sets have played a disproportionately terrent. But it is equally important for I will join with several of my col- large role in the war on terrorism and the United States to maintain the leagues later in a series of amendments continue to be heavily utilized. It is es- longstanding policy that nuclear weap- that will, if adopted, address some of sential that we provide the critical ons are a weapon of last resort—not these concerns. The debate that lies funding to sustain and improve these just another weapon. ahead will be important to this bill and important aircraft. Today the United States sits firmly Unmanned aerial vehicles have atop the moral high ground when it our national security. played a remarkable role in the wars in comes to the development and pro- Mr. President, my thanks again to Afghanistan and Iraq, as well as in the liferation of nuclear weapons. Our lead- Senator ALLARD for his leadership of greater war on terrorism. This is one ership and commitment to non- our subcommittee this year, and to reason that a number of Senators from proliferation is undisputed. Senators WARNER and LEVIN for their both sides of the aisle were dis- Just over the last few years, the leadership of the full committee. I look appointed with the Navy’s decision not United States has successfully assisted forward to the work we will do to- to buy the new Fire Scout unmanned the third and fourth largest nuclear gether as we move this important bill helicopters. The Fire Scout has per- weapons states, Ukraine and to final passage.

N O T I C E Incomplete record of Senate proceedings. Except for concluding business which follows, today’s Senate proceedings will be continued in the next issue of the Record.

ORDERS FOR THURSDAY, MAY 22, ther, when the Murray amendment re- amendment to the Murray amendment. 2003 curs, Senator BROWNBACK be recog- This is a right the majority would Mr. BROWNBACK. Mr. President, I nized; provided further that when the have. Senate resumes consideration of the ask unanimous consent that when the What we are doing here is making Senate completes its business today, it bill on Thursday, Senator DASCHLE or his designee be recognized to call up sure that Senator FRIST, who may not stand in adjournment until 9:30 a.m., be available at that time in the morn- Thursday, May 22. I further ask that amendment No. 791. ing, will have his rights protected. following the prayer and the pledge, The PRESIDING OFFICER. The the morning hour be deemed expired, Democratic whip. The PRESIDING OFFICER. Without the Journal of proceedings be approved Mr. REID. Mr. President, reserving objection, it is so ordered. to date, the time for the two leaders be the right to object, what this unani- Mr. BROWNBACK. Mr. President, I reserved for their use later in the day, mous consent agreement says is, in the thank the Senator from Nevada for and the Senate then resume consider- morning we will come in, do the prayer working with us. We have had a knotty ation of S. 1050, the Department of De- and the pledge, then we will move to fense authorization bill, provided fur- the Daschle amendment. When that is problem here, but I think we are get- ther that the Murray amendment No. disposed of, Senator BROWNBACK will be ting on through it, and I appreciate 691 be temporarily set aside, and, fur- recognized to offer a second-degree their cooperation in working with us.

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