[Congressional Record Volume 141, Number 135 (Friday, August 11, 1995)]
[Senate]
[Pages S12326-S12328]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                  UNANIMOUS-CONSENT AGREEMENT--S. 1026

  Mr. DOLE. Mr. President, I ask unanimous consent that the following 
be the only first-degree amendments remaining in order, except those 
amendments cleared by the managers, to the defense authorization bill, 
and that they be subject to relevant second-degree amendments.
  And I will read the amendments:
  Pentagon renovation by Senator Bingaman; another amendment by Senator 
Bingaman, Los Alamos community assistance; Senator Bingaman, strike 
section 1082; Senator Brown, Fitzsimons; Byrd, relevant; Senator Exon, 
nuclear testing, 90 minutes of debate for Exon, 30 minutes for Senator 
Thurmond; Senator Exon, START I and II; Senator Feinstein, land 
conveyance; Senator Harkin, relevant; Senator Johnston, relevant; 
Senator 

[[Page S 12327]]
Kempthorne, relevant; Senator Lautenberg, relevant; Senator Levin, SOS 
chemical weapons, Start II; Senator Levin, Army leasing of commercial 
utility vehicles; Senator Robb, pilots rescue radio; Senator Sarbanes, 
Anechoic Chamber, Pax River; Senator Simon, volunteer contingency 
force; Senator Simon, land exchange; Senator Wellstone, relevant, 60 
minutes for debate; Senator Thurmond, relevant; Senator Warner 
relevant; and on the top here, the bipartisan missile defense 
amendment, too.
  I will send these to the desk.
  Provided further, that if a Senator succeeds in amending the Defense 
appropriations bill with an amendment from the original list of Defense 
authorization amendments, then that Senator may offer his amendment to 
the Defense authorization bill under this agreement; further, that if 
the bipartisan missile defense amendment is agreed to, that it be in 
order for the managers to offer an amendment to make conforming 
modifications in the previously adopted Nunn amendment and the 
previously adopted Cohen amendment (amendments Nos. 2078 and 2089); 
further, that there be a time limitation for debate of 1 hour on the 
bill; there be a time limitation of 3 hours for debate on the 
bipartisan missile defense amendment, 2 hours for Senator Nunn and 1 
hour for Senator Thurmond; that there be a time limitation on all 
remaining, except where noted, first and second degree amendments of 30 
minutes, with all of the above time limitations equally divided in the 
usual form.
  I further ask unanimous consent that no other amendments regarding 
land mines or gays in the military be in order unless cleared by 
unanimous consent.
  I further ask unanimous consent that following the disposition of the 
above-listed amendments and the expiration of time, the Senate proceed 
to third reading and immediately proceed to discharge the Armed 
Services Committee and proceed to immediate consideration of H.R. 1530; 
that all after the enacting clause be stricken and the text of S. 1026, 
as amended, be inserted, the bill be advanced to third reading and 
final passage occur, all without intervening action or debate.
  Finally, I ask unanimous consent that no motion to recess or adjourn 
be in order during Tuesday's session of the Senate prior to final 
disposition of H.R. 1530, except one made by the majority leader.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The text of the agreement is as follows:

       Ordered further, that the following amendments be the only 
     first degree amendments remaining in order to S. 1026, except 
     those amendments cleared by the managers, and that they be 
     subject to relevant second degree amendments:
       Bipartisan--Missile Defense (Nunn 2 hours/Thurmond 1 hour).
       Bingaman--Pentagon Renovation.
       Bingaman--Los Alamos Community Assistance.
       Bingaman--Strike Section 1082.
       Brown--Fitzsimmons.
       Byrd--Relevant.
       Exon--Nuclear Testing (Exon 90 min./Thurmond 30 min.).
       Exon--START I and II.
       Feinstein--Land Conveyance.
       Harkin--Relevant.
       Johnston--Relevant.
       Kempthorne--Relevant.
       Lautenberg--Relevant.
       Levin--SOS Chemical Weapons/START II.
       Levin--Army Leasing of Commercial Utility Vehicles.
       Sarbanes--Anechoic Chamber, Pax River.
       Simon--Volunteer Contingency Force.
       Simon--Land Exchange.
       Thurmond--Relevant.
       Warner--Relevant.
       Wellstone--Relevant (60 min.)
       Ordered further, that if a Senator succeeded in amending 
     the Defense Appropriations Bill with an amendment from the 
     original list of Defense Authorization amendments, it be in 
     order for that Senator to offer his or her amendment to the 
     Defense Authorization Bill pursuant to this agreement.
       Ordered further, that if the Bipartisan Missile Defense 
     amendment is agreed to, it be in order for the Managers to 
     offer an amendment making conforming modifications to the 
     previously adopted Nunn and Cohen amendments (numbers 2078 
     and 2089).
       Ordered further, that there be one hour for debate on the 
     Bill and 30 minutes for debate on each first and second 
     degree amendment, except where noted differently above, with 
     all time equally divided in the usual form, except where 
     noted differently above.
       Ordered further, that no other amendments regarding Land 
     Mines or Gays in the Military be in order unless cleared by 
     unanimous consent.
       Ordered further, upon disposition of the above listed 
     amendments and the expiration of any time remaining on the 
     Bill, the Bill be read for the third time, and that the Armed 
     Services Committee be immediately discharged from further 
     consideration of H.R. 1530 and that the Senate proceed to the 
     immediate consideration of H.R. 1530, that all after the 
     enacting clause of H.R. 1530 be stricken and that the text of 
     S. 1026 as amended be inserted in lieu thereof, that H.R. 
     1530 be read a third time and final passage occur, all 
     without intervening action or debate.
       Ordered further, that no motion to recess or adjourn be in 
     order during Tuesday September 5, 1995 session of the Senate 
     prior to final disposition of H.R. 1530 with the exception of 
     a motion made by the Majority Leader.
       August 11, 1995.

  Mr. DOLE. Mr. President, let me indicate, the reason for the last 
request, and it is supported by the Democratic leader, is we want to 
finish this bill. We think there are too many amendments on it now. We 
already spent a great deal of time on this bill.
  It means we will have to delay discussion of welfare reform probably 
1 full day. This is the best we can do. We will take up this bill at 9 
o'clock on Tuesday, September 5. I urge my colleagues, if they want to 
take up their amendments, they better be here, because the managers 
will be here, or someone designated by the managers will be here, 
throughout the day. It is my belief most of these amendments can be 
accepted, but there could be as many as five rollcall votes, plus the 
rollcall vote on final passage, and there will be a 5 o'clock vote on 
the Defense appropriations bill on Tuesday, September 5.
  So it will not be ``the day after Labor Day,'' it will be a workday 
in the U.S. Senate, with a lot of votes, because we are going to 
complete action on this. It is going to delay us 1 day on welfare 
reform. We will be on welfare reform Wednesday, Thursday, Friday, and 
there may be a day or two in the next week, and I will be speaking 
about that later on this afternoon. I want to thank the Democratic 
leader, Senator Nunn, Senator Thurmond, Senator Warner and members of 
their staffs who have been working to get this agreement. I hope we can 
now complete action on the DOD authorization bill on that date.
  Mr. THURMOND. Mr. President, I wish to express my appreciation to the 
able majority leader for all he did to reach this unanimous-consent 
agreement. It took a lot of work, a lot of coordinating, a lot of 
compromising, and I am very pleased we have been able to reach that.
  Now we can go forward with this Defense authorization bill and get it 
passed. If we cannot pass it in 1 day, we will get on it and stay on it 
that day and all night, if necessary. We have to get this Defense bill 
passed, and we want it to be passed before the Defense appropriations 
bill is passed.
  Mr. WARNER addressed the Chair.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, on behalf of the Armed Services Committee, 
we thank our distinguished chairman for his leadership throughout this 
process to gain this very, very important time agreement and unanimous-
consent agreement, such that this bill can move forward in that manner, 
to be coupled with the appropriations bill which earlier today the 
Senate considered.
  Mr. THURMOND. Mr. President, I express my appreciation to Senator 
Warner for all he did in connection with this bill. He was one of the 
negotiators on the bill, along with the distinguished Senator from 
Maine, and who worked with Senator Nunn and Senator Levin on the 
Democratic side. I just want to thank Senator Warner.
  Mr. WARNER. Mr. President, I thank the distinguished chairman. 
Indeed, Senator McCain was instrumental in helping to get this time 
agreement, as was Senator Kempthorne.
  Mr. THURMOND. I thank Senator McCain and all those who assisted in 
this matter.
  Mr. President, I rise to support the compromise that has been worked 
out regarding the missile defense portion of the Defense authorization 
bill. Although this compromise weakens the bill as reported out of 
committee, it does address all of the concerns that were raised on the 
floor last week. As 

[[Page S 12328]]
such, this compromise should provide the basis for broad bipartisan 
support, as it did during a meeting I called with the Republican 
members of the Senate Armed Services Committee.
  Before I comment on the substance of the compromise, let me express 
my gratitude to Senators Warner, Cohen, Nunn, and Levin for their hard 
work and dedication. The task they undertook in working out this 
package was a very difficult one and they handled it well.
  While I do support the missile defense substitute as a means to 
advance the Defense authorization bill, I want to make clear my view 
that a compromise was not needed. The committee-reported bill was 
strong and worthy of the Senate's support. Senators had a full debate 
on the subject and several amendments were offered and voted on. It is 
a sad and unfortunate state of affairs when those on the losing side of 
an amendment are willing to kill a bill as important as the Defense 
authorization bill before it has even gotten to conference.
  During last week's debate on missile defense, many arguments were 
raised against the Missile Defense Act of 1995. In my view these were 
either incorrect or exaggerated. Nonetheless, we leaned over backward 
to accommodate the concerns that were raised. I believe that the 
outcome should be satisfactory to an overwhelming majority of Senators.
  While the missile defense compromise deals with virtually every 
aspect of the Missile Defense Act, I would like to address the two 
major issues that were focused on.
  On section 238, to so-called theater missile defense demarcation 
provision, the compromise makes clear that we are not attempting to 
constrain the President's ability to negotiate arms control agreements. 
It remains clear, however, that theater missile
 defense systems are not and should not be limited by the ABM Treaty. 
We retain a funding limitation, consistent with Congress' 
constitutional power of the purse. This provision would prevent the 
executive branch from implementing any agreement that would set a 
demarcation that is inconsistent with the standard originally contained 
in section 238. The new language also prohibits the use of funds to 
implement any restriction on U.S. theater missile defense systems 
unless the restriction is subsequently authorized by Congress, is 
consistent with the approved demarcation standard, or is part of an 
agreement submitted to the Senate for advice and consent.

  This means that the United States cannot implement a TMD agreement 
which includes performance limitations--such as interceptor velocity, 
deployment limitations--such as geographical constraints, or 
operational limitations--such as restrictions on the use of external 
sensors, without getting explicit congressional approval, either 
through a subsequent act or through advice and consent to a treaty.
  The second major area of concern in the compromise has to do with 
national missile defense and the ABM Treaty. The committee bill called 
for the deployment of a multiple-site NMD system by 2003, but did not 
specifically address the issue of amending the ABM Treaty. The 
compromise says that the United States will develop such a system for 
deployment, and that it is the policy of the United States to seek 
amendments to the ABM Treaty to accomplish this end. In the compromise, 
it is clear that the United States has not yet made a deployment 
decision, but that we are clearly on the path to deploying a multiple-
site NMD system.
  Mr. President, I want to make it clear that Republicans have given up 
quite a bit in order to achieve this compromise. Amendments to weaken 
the Missile Defense Act were defeated in markup and on the floor. Our 
members feel that the bill reported by the committee was solid and did 
not need any change. Nonetheless, we have shown a good faith effort to 
listen and accommodate. I hope that our compromise will now clear the 
path for the Defense authorization bill to proceed through conference 
and to the President's desk for signature.
  Mr. WARNER. Mr. President, the first amendment was the bipartisan 
missile defense amendment. It may be that the distinguished ranking 
member of the committee, the Senator from Georgia, at some point today 
would wish to submit that into the Record. In the event he does so, 
there would be statements by myself, possibly the Senator from Maine, 
[Mr. Cohen], and the Senator from Michigan, [Mr. Levin]. Therefore, I 
ask unanimous consent, thereafter in the appropriate place in the 
Record such statements relating thereto, as other Senators wish to 
make, can be placed.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. Mr. President, I cannot express my appreciation too much 
to all, particularly the distinguished majority leader, the 
distinguished Democratic leader and others who made this agreement 
possible. It is just absolutely essential for this country that we move 
forward in a timely way on issues relating to our national security. 
And, indeed, this bill is a landmark bill in that effort. It reflects, 
I hope, a strong bipartisan consensus, which consensus is always needed 
to support the men and women of the Armed Forces and the security 
policies of our country. I yield the floor.
  Mr. GRAMS addressed the Chair.
  The PRESIDING OFFICER. The Senate from Minnesota is recognized.
  

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