[Congressional Record Volume 145, Number 80 (Tuesday, June 8, 1999)]
[Senate]
[Pages S6645-S6648]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2000

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
resume consideration of S. 1122, which the clerk will report.
  The legislative assistant read as follows:.

       A bill (S. 1122) making appropriations for the Department 
     of Defense for the fiscal year ending September 30, 2000, and 
     for other purposes.

  Pending:

       Stevens (for Grassley) amendment No. 540 to reduce to 
     $500,000 the threshold amount for the applicability of the 
     requirement for advance matching of Department of Defense 
     disbursements to particular obligations.


                           Amendment No. 540

  The PRESIDING OFFICER. Under the previous order, there will now be 15 
minutes of debate relative to the Grassley amendment No. 540 with a 
vote to follow thereon.
  Mr. GRASSLEY. Mr. President, do I control that 15 minutes?
  The PRESIDING OFFICER. The Senator controls the time.
  Mr. GRASSLEY. I will not use all of that time for my amendment.
  First of all, as to the amendment that is pending, authored by the 
Senator from Iowa, I thank the Senator from Alaska for offering my 
amendment yesterday, and I thank the Senator from Alaska for asking for 
a rollcall vote on my amendment, although this amendment has been 
offered 5 previous years and adopted 5 previous years without a 
rollcall. So, personally, I do not think it is necessary to have a 
rollcall vote. But if the chairman of the committee and the ranking 
member of the committee want such a rollcall vote, that is OK with me. 
So I will take then just a few minutes to speak about my amendment on 
matching disbursements with obligations.
  The American taxpayers would take for granted, they would expect, the 
nurturing of their tax dollars to be so well done at the Federal level 
that Congress would not have to pass a special amendment which would 
say that the Department of Defense cannot pay out $1 of taxpayers' 
money without being able to match it with an invoice and contract that 
specified what goods or services they were buying. I hope in most of 
Government that is the case, but it has not been so with the Defense 
Department. In fact, I have been speaking for years on the subject of 
the tens of billions of dollars that have actually been spent, and at 
the time of payment, the department failed to match the particular 
service or goods that are being paid for with their corresponding 
contract.
  I have had the support of the chairman of the Appropriations 
Committee in setting in place policies that would gradually reduce the 
amount of money that could be paid out without an invoice and contract 
to match. This policy has been incorporated in the last

[[Page S6646]]

five appropriations bills--fiscal years 1995, 1996, 1997, 1998, and 
1999. We are now working on the fiscal year 2000 appropriations bill. 
It is my understanding that the committee supports the amendment again 
this year.
  Under current law, the matching threshold is set at $1 million 
effective this month. This means that the Department of Defense 
disbursing officials must match each payment of $1 million or more with 
a corresponding obligation or contract before the payment is made. My 
pending amendment would continue the process of ratcheting down the 
threshold began 5 years ago. It would lower the threshold then from the 
$1 million in present law to $500,000. Reports of the General 
Accounting Office and inspectors general consistently show that this 
policy is helping to reduce DOD's unmatched disbursement problems. As I 
understand it, the DOD has lowered the threshold to zero in most 
disbursing centers.
  I thank the Department of Defense for having adopted a policy that 
every taxpayer would assume is a principle of good Government 
management, and that is that they would not pay out one penny without 
being able to show what they ordered and received for that penny. That 
has become a policy at some of the disbursing centers but not at all 
the centers. So we want to see the threshold lowered to zero at all 
locations because we think it is just sound business management that 
not one penny of the taxpayers' dollars should be paid out if there is 
not an invoice and contract for what has been bought and received, 
either goods or services, for that amount of money.
  So we are not quite at zero all over the country with all of the 
centers. Some Department of Defense disbursing centers still have 
problems. This amendment will help keep the pressure on and hopefully 
in time will help the Department of Defense eliminate in the future all 
unmatched disbursements, so that the Senator from Iowa will never have 
to come to the Senate floor again and say we have these billions of 
dollars that the Pentagon paid out and they have never been able to 
show exactly what they ordered and received.
  If the threshold specified in this amendment is unworkable, then I 
have asked the chairman to adjust the dollar level in conference, but I 
hope it is so obvious that we will be able to tell the taxpayers of 
this country that we know what they are buying; that at least for the 
next year we should keep the pressure on for the still fantastically 
high level of $500,000 that could be paid out under certain 
circumstances without the invoice and contract immediately available.
  I do not want to stand before the Senate and be embarrassed by saying 
that we can somehow justify even a $500,000 check being written without 
knowing what goods and services were, in fact, ordered and received and 
being paid for.
  I thank the chairman of the committee, Senator Stevens, and I thank 
the ranking minority member, Senator Inouye, for their continuing 
support of this amendment. Every year for the last 5 years I have 
offered this amendment, and every year for the last 5 years they have 
put the amendment in the bill, kept it there and protected it in 
conference. This effort, particularly with their respected leadership 
in the area of defense, is very positive toward the Department of 
Defense changing their attitude about unmatched disbursements and 
leading us to a point where we are reducing the amount of unmatched 
disbursements.
  I thank the chairman and ranking member for their unwavering support, 
and I hope all my colleagues will support this simple but important 
amendment. I yield the floor.
  I have time left over, and if the Senator from Alaska wants some of 
my time, he can have it.
  Mr. STEVENS. Mr. President, I will take a couple of minutes.
  I was pleased to offer this amendment for my good friend from Iowa, 
Senator Grassley. Senator Grassley's determined effort to improve the 
Department of Defense financial accounting standards, by demanding that 
funds disbursed are matched by funds obligated--simply meaning that 
they balance their checkbook and they let us know so the taxpayers will 
know what the checks have been written for--his efforts has already 
yielded results in lowering the Department's unmatched disbursements.
  To those who may be unfamiliar with this problem, as of the fiscal 
year 1998, according to the Department's own inspector general, the 
Department reported a substantial problem with disbursements. That 
means that funds were reported having been disbursed to the Treasury 
but not processed, or, in other cases, the Department's employees could 
not match a disbursement to an obligated item.
  There is a conflict here. We are trying to make certain those who 
provide services to the Department of Defense are promptly paid. On the 
other hand, there is a requirement for the taxpayers that we know what 
they have paid and what we have bought with the funds, as the Senator 
said.
  The Appropriations Committee is pleased to work with Senator Grassley 
and the Department of Defense to ensure the Department makes steady 
progress in reducing these problem disbursements. I do support the 
amendment of the Senator from Iowa, and I believe all Senators seek to 
improve the Department's control over the appropriation of taxpayers' 
funds to the Department of Defense.
  What time will the vote take place, Mr. President?
  The PRESIDING OFFICER. The Senator from Alaska has 6 minutes 
remaining.
  Mr. STEVENS. I remind Senators that first-degree amendments to this 
bill must be offered by 2:30 p.m. Additional amendments and votes are 
expected through today's session. My colleague and I are working on a 
package of amendments which we will submit as soon as this time has 
expired and this amendment has been voted upon. At least we will 
discuss this package. It is my hope we will be able to finish this bill 
today. I am going to work to achieve that goal.
  Does the Senator from Hawaii wish to make any comments on this 
amendment?
  Mr. INOUYE. No.
  Mr. STEVENS. How much time remains?
  Mr. GRASSLEY. I yield back my time.
  The PRESIDING OFFICER. All time has been yielded back.
  Mr. STEVENS. I ask for the yeas and nays, Mr. President.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  Mr. STEVENS. Mr. President, what time is the vote scheduled to take 
place?
  The PRESIDING OFFICER. At 9:45.
  Mr. STEVENS. I yield the floor.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
540. The yeas and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Idaho (Mr. Crapo), the 
Senator from Arizona (Mr. McCain), and the Senator from Minnesota (Mr. 
Grams) are necessarily absent.
  Mr. REID. I announce that the Senator from Connecticut (Mr. Dodd), 
the Senator from New York (Mr. Moynihan), and the Senator from New 
Jersey (Mr. Torricelli) are necessarily absent.
  I also announce that the Senator from Delaware (Mr. Biden) is absent 
due to a death in the family.
  I further announce that, if present and voting, the Senator from New 
York (Mr. Moynihan) would vote ``aye.''
  The PRESIDING OFFICER (Mr. Bunning). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 93, nays 0, as follows:

                      [Rollcall Vote No. 155 Leg.]

                                YEAS--93

     Abraham
     Akaka
     Allard
     Ashcroft
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bryan
     Bunning
     Burns
     Byrd
     Campbell
     Chafee
     Cleland
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     Daschle
     DeWine
     Domenici
     Dorgan
     Durbin
     Edwards
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Gorton
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Landrieu

[[Page S6647]]


     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Mack
     McConnell
     Mikulski
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner
     Wellstone
     Wyden

                             NOT VOTING--7

     Biden
     Crapo
     Dodd
     Grams
     McCain
     Moynihan
     Torricelli
  The amendment (No. 540) was agreed to.
  Mr. BURNS. Mr. President, I move to reconsider the vote.
  Mrs. BOXER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mrs. BOXER addressed the Chair.
  The PRESIDING OFFICER. The Senator from California is recognized.


                           Amendment No. 541

   (Purpose: To substitute for section 8106 (relating to operational 
             support aircraft) a requirement for a report)

  Mrs. BOXER. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from California [Mrs. Boxer], for herself, Mr. 
     Harkin, and Mr. Wyden, proposes an amendment numbered 541.

  The amendment is as follows:

       Strike section 8106, and insert the following:
       Sec. 8106. Not later than March 1, 2000, the Secretary of 
     Defense shall submit to Congress a report on the inventory 
     and status of operational support aircraft, Commander-in-
     Chief support aircraft, and command support aircraft of the 
     Department of Defense. The report shall include a detailed 
     discussion of the requirements for such aircraft, the 
     foreseeable future requirements for such aircraft, the cost 
     of leasing such aircraft, commercial alternatives to use of 
     such aircraft, the cost of maintaining the aircraft, the 
     capability and appropriateness of the aircraft to fulfill 
     mission requirements, and the relevancy of the missions of 
     the aircraft to warfighting requirements.

  Mrs. BOXER. Mr. President, I ask unanimous consent that my amendment 
be laid aside for further debate.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
amendment will be laid aside.
  Mr. BURNS. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


            Amendments Nos. 542, 543, 544, And 545, En Bloc

  Mr. STEVENS. Mr. President, I would like to send to the desk a series 
of amendments which provide adjustments in the bill brought about by a 
review made by the Congressional Budget Office and the Office of 
Management and Budget. These amendments allocate funds in a different 
manner under the bill.
  The first change is an increase in funds for the Army Test Range 
Facilities Program.
  The second readjusts one account in the Navy, and moves $51.84 
million into the Joint War Fighting Experimental Program, and leaves it 
under the control of Vice Chairman of the Joint Chiefs reporting to the 
defense committees of the House and the Senate.
  The third will appropriate funds to meet the authorization bill's 
provision of funds to assist the Red Cross in providing Armed Forces 
emergency services.
  The fourth is to deal with the addition of $10 million from cockpit 
modifications to the U2.
  I send them to the desk, and I ask unanimous consent that they be 
considered en bloc.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Alaska (Mr. Stevens) proposes amendments 
     numbered 542, 543, 544, and 545, en bloc.

  The amendments (Nos. 542, 543, 544, and 545), en bloc, are as 
follows:


                           AMENDMENT NO. 542

    (Purpose: To provide funds for Research, Development, Test and 
                           Evaluation, Army)

       In the appropriate place in the bill, insert the following 
     new section:
       ``Sec.   . In addition to any funds appropriated elsewhere 
     in Title IV of this Act under the heading ``Research, 
     Development, Test and Evaluation, Army'', $9,000,000 is 
     hereby appropriated only for the Army Test Ranges and 
     Facilities program element.''
                                  ____



                           AMENDMENT NO. 543

       At the appropriate place in the bill, insert the following:
       ``Sec.   . Notwithstanding any other provision in this Act, 
     the total amount appropriated in this Act for Title IV under 
     the heading ``Research, Development, Test, and Evaluation, 
     Navy'', is hereby reduced by $26,840,000 and the total amount 
     appropriated in this Act for Title IV under the heading 
     ``Research, Development, Test, and Evaluation, Defense-
     Wide'', is hereby increased by $51,840,000 to reflect the 
     transfer of the Joint Warfighting Experimentation Program: 
     Provided, That none of the funds provided for the Joint 
     Warfighting Experimentation Program may be obligated until 
     the Vice Chairman of the Joint Chiefs of Staff reports to the 
     Congressional defense committees on the role and 
     participation of all unified and specified commands in the 
     JWEP.''
                                  ____



                           AMENDMENT NO. 544

 (Purpose: To provide funding for the American Red Cross Armed Forces 
                      Emergency Services program)

       In the appropriate place in the bill, insert the following 
     new section:
       ``Sec.   . In addition to the amounts appropriated or 
     otherwise made available elsewhere in this Act for the 
     Department of Defense, $23,000,000, to remain available until 
     September 30, 2000 is hereby appropriated to the Department 
     of Defense: Provided, that the Secretary of Defense shall 
     make a grant in the amount of $23,000,000 to the American Red 
     Cross for Armed Forces Emergency Services.''
                                  ____



                           AMENDMENT NO. 545

       At the appropriate place in the bill insert the following:
       ``Sec.   . In addition to the funds available in Title III, 
     $10,000,000 is hereby appropriated for U-2 cockpit 
     modifications.''

  The PRESIDING OFFICER. The Senator from Hawaii.
  Mr. INOUYE. Mr. President, I have had the opportunity to study these 
four amendments. They are authorized by the authorizing committee. I am 
in full support of them.
  Mr. STEVENS. Mr. President, I urge adoption of the amendments en 
bloc.
  The PRESIDING OFFICER. Without objection, the amendments are agreed 
to.
  The amendments (Nos. 542, 543, 544, and 545), en bloc, were agreed 
to.
  Mr. STEVENS. Mr. President, I move to reconsider the vote.
  Mr. INOUYE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. STEVENS. Mr. President, we are working on a managers' package. We 
have several amendments that we believe the Senate should include in 
such a package. I urge Members who have identified amendments they 
intend to offer to consult with my friend from Hawaii, myself, and our 
staffs to see if we can't enlarge this package and take care of a 
series of items that are really not controversial during the time that 
we have a vehicle.
  As I have stated before, all amendments to this bill in the first 
degree must be introduced by 2:30 this afternoon.
  We stand ready to work with any Member on an amendment. This would be 
a good time for anyone who has an amendment that is controversial to 
come and offer it. So far, no one has volunteered to undertake that 
task. But pending a Member wishing to offer an amendment, I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Unanimous Consent Agreement

  Mr. STEVENS. Mr. President, I ask unanimous consent that when the 
Senate receives from the House of Representatives the companion bill to 
S. 1122, the Senate immediately proceed to the consideration thereof; 
that all after the enacting clause be stricken and the text of S. 1122, 
as passed, be inserted in lieu thereof; that the House bill, as 
amended, be read for the third time and passed; that the Senate insist 
on its amendment, request a conference with the House on the 
disagreeing votes of the two Houses, and

[[Page S6648]]

that the Chair be authorized to appoint conferees on the part of the 
Senate; and that the foregoing occur without any intervening action or 
debate.
  I further ask unanimous consent that S. 1122 not be engrossed and 
that it remain at the desk pending receipt of the House companion bill, 
and that upon passage of the House bill, as amended, the passage of S. 
1122 be vitiated and the bill be indefinitely postponed.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________