[Congressional Record Volume 151, Number 49 (Thursday, April 21, 2005)]
[Senate]
[Pages S4084-S4086]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT, 2005--Continued

  The PRESIDING OFFICER. The Senator from Nevada is recognized.


                           Amendment No. 487

  Mr. ENSIGN. Mr. President, I yield back my time on the amendment.
  The PRESIDING OFFICER. All time is yielded back.
  The question is on agreeing to the amendment.
  The amendment (No. 487) was agreed to.
  Mr. COCHRAN. I move to reconsider the vote and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.
  Mr. ENSIGN. Mr. President, in the decade before 9/11, al Qaeda 
studied how to exploit gaps and weaknesses in the borders of the United 
States.
  A few months ago, intelligence officials confirmed that the terrorist 
Zarqawi plans to infiltrate America through our borders. He plans to 
attack targets such as movie theaters, restaurants, and schools.
  A year-long investigation recently concluded with authorities 
arresting 18 people who planned to smuggle grenade launchers, shoulder-
fired missiles, and other Russian military weapons into our country.
  Let's face it--the dual threat of illegal border crossing by people 
who wish to kill us and the weapons they need to do it is very real.
  We are not dealing with rational people. We are not dealing with 
people who respect life or freedom. It would be irresponsible to sit 
idly by and not treat these threats seriously. We must continue to be 
diligent in our fight to defeat terror and protect our homeland.
  Before 9/11, INS had only 9,800 border patrol agents. With the agency 
focused on immigration and narcotics, no major counterterrorism effort 
was underway.
  More than 3 years after the devastating terrorist attacks, the men 
and women who serve on the border's frontline of defense are still 
overwhelmed. The Commissioner of the U.S. Customs and Border Protection 
has admitted they need more agents.
  Our agents catch only about one-third of the estimated 3 million 
people who cross the border illegally each year. Three and half years 
ago it only took 19 to change the course of this country.
  The 9/11 Commission addressed this very problem. They recommended 
banning terrorists from traveling to our country. This is exactly what 
my amendment attempts to accomplish.
  We must commit resources to block terrorists who attempt to enter our 
country. Last year, I sponsored an amendment to the National 
Intelligence Reform Act that authorized the hiring of 10,000 new agents 
to patrol our borders over the next 5 years. And last month, the Senate 
approved a Budget which funded the hiring and training of 2,000 new 
border patrol agents next year.
  Border security requires a serious commitment by Congress. There is 
no question that we need to hire new agents. Our security depends on 
it. But it will take more than simply hiring agents. Congress needs to 
increase funding for training and equipment. I hope we will remember 
this during the regular appropriations process.
  We cannot wait another year to improve our border security. This is 
an emergency. The amendment that I am offering will put new agents on 
the ground in the next few months.
  My amendment begins to fulfill the commitment Congress made last 
year. It provides $147 million to hire and train 400 new border patrol 
agents by October; 400 new agents is the maximum number of new agents 
that the Department of Homeland Security can train before the end of 
this fiscal year.
  My amendment does not require any new spending. It is completely 
offset.
  The 9/11 Commission found that many of the 19 hijackers could have 
been placed on watch lists. They were vulnerable to detection by border 
authorities. Without adequate staff and coordinated efforts, the 
terrorists were allowed to enter the United States. Once here they 
learned how to fly airplanes at American flight schools. They conducted 
surveillance to assess our weaknesses. And they attacked.
  In order to prevent another terrorist attack on American soil, we 
must improve every aspect of our nation's security. Our security is 
truly only as strong as our weakest link.
  For too long, the lack of funding for border agents has been a weak 
link. By funding additional agents, we protect both our southern and 
our, often neglected, northern border. This will make it harder for 
terrorists to enter the United States and attack us.
  The world has changed dramatically since 9/11 when the terrorists 
used our open and trusting society against us. We can not allow a 
repeat of that tragedy. This amendment will help those who guard our 
frontiers by providing necessary tools to ensure the safety of our 
citizens.


                           Amendment No. 520

  The PRESIDING OFFICER. There will now be 2 minutes of debate equally 
divided on Bayh amendment No. 520.
  Mr. WARNER. Mr. President, I had the opportunity to speak to the 
distinguished Senator from Alaska, Mr. Stevens, and I know he was 
anxious to address the Senate with regard to his desire to obtain time 
to speak in opposition to the Bayh amendment. Might I ask, what is the 
parliamentary situation with regard to that? Hopefully, we can see the 
appearance of the Senator from Alaska.
  The PRESIDING OFFICER (Mr. Chafee). Under the previous order, there 
are 2 minutes equally divided prior to the vote on the Bayh amendment.
  Mr. WARNER. Will the Chair kindly repeat that?
  The PRESIDING OFFICER. There are 2 minutes evenly divided prior to 
the vote on the Bayh amendment.
  Mr. WARNER. Mr. President, on behalf of the senior Senator from 
Alaska,

[[Page S4085]]

I ask that an additional 10 minutes be allocated to the senior Senator 
from Alaska.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, do I understand currently there are 2 
minutes to be equally divided, and now the Senator from Virginia has 
asked for 10 minutes for one side on this debate? I have no objection, 
obviously, to whatever time the Senator from Alaska wants. I object 
unless those of us who have a differing view have an opportunity to 
express ourselves.
  Mr. WARNER. I misunderstood. I thought the senior Senator from 
Massachusetts and his colleague from Indiana had adequate opportunity 
to speak. I am perfectly willing to ask for 15 minutes equally divided 
between the senior Senator from Massachusetts and the senior Senator 
from Alaska.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KENNEDY. Mr. President, I suggest the absence of a quorum, with 
the time to be equally divided.
  The PRESIDING OFFICER. Without objection, 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.
  Mr. STEVENS. Mr. President, I oppose the Bayh-Kennedy amendment on 
the uparmored humvees. The validated global war on terror requirement 
for this is 10,079. I do hope the Senate will listen. This is very 
serious.
  We received a letter last week from two senior Army general officers, 
the Army's G-8 Deputy Chief of Staff for Programs and the Army's G-3 
Deputy Chief of Staff for Operations and Plans, which states the total 
requirement for these vehicles is 10,079 and that industry will meet 
that requirement in less than 2 months with funds previously provided.
  Keep in mind the pre-emergency throughput of these vehicles was 40 a 
month. We are now producing at the rate of 550 a month, and we will 
reach the maximum in June because we paid more to speed up this 
production.
  We appropriated funds and reprogrammed to meet the total requirement. 
We have now met it. As a matter of fact, we produced 266 more vehicles 
than the Army wanted. This amendment is not about taking care of 
troops. I spent my career, and the Senator from Hawaii with me, to 
ensure the service men and women have the equipment they need, the 
support they need. This is about the production unit of a defense 
contractor, not about the people who are wearing the uniform in Iraq.
  This manufacturer is currently producing these at the capacity, as I 
said, of 550 a month. Every month, 550 new humvees are going into Iraq. 
We will have more there by June than we need. There is no need for 
this. The sponsors want you to believe the Army wants and needs these, 
but that is not true. The Army's requirement will be met in June, and 
we have provided some money for all of them. In Iraq, we are meeting 
the requirements of the commanders in the field, and they have 
certified to that.

  The additional funding of this amendment was not requested by the 
Department, and the commanders are receiving other vehicles now, for 
instance, the Striker, which is a different system and is providing 
more protection for the people in the field. They are going in there 
now.
  Some people argue the need for these is going up. That is not true. 
The need for Strikers is going up, and we are sending Strikers in from 
Germany, from Hawaii, from Alaska, from Seattle. We are meeting the 
needs they demanded, and that is for the Strikers. This requirement is 
not increasing with the continued operations in Iraq.
  A major difference now is, after February of this year, all vehicles 
operating outside the protective compound are armored, and we have met 
that need.
  This is an emergency appropriations bill. I believe we should focus 
on the needs of validated requirements of the Department for the total 
global war, but this is not one of them.
  I urge my colleagues to vote ``no'' on this amendment. I yield to my 
friend, the chairman of the Armed Services Committee, so he might be 
heard on the matter. I thank the Chair.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, first, I commend Senators Kennedy and 
Bayh. They have really fought the battle through the years, and it has 
been since fiscal year 2003 we have been dealing with the need for the 
uparmor.
  As my colleague from Alaska said, and I add this, from fiscal year 
2003 to 2005, the Congress added--that is additional funds--added $1.2 
billion to the President's request to increase uparmored humvee 
production, and almost $1.9 billion was added to the President's budget 
request to increase the production of ballistic add-on armor for 
tactical-wheeled vehicles in the Army and the Marine Corps.
  I think we have clearly met the demand, and it is largely owing to 
these two Senators who have been out on the point on this issue. But 
right now these additional funds, I say to my colleague from Alaska, if 
the Senate were to approve the amendment, would have to be taken out of 
other modernization programs for the Army; am I not correct?
  Mr. STEVENS. Mr. President, that is correct. This money comes out of 
this supplemental for these purposes which is beyond the needs on this 
vehicle and reduce the amount of money for other items that are needed.
  Mr. WARNER. I yield the floor.
  Mr. STEVENS. I yield back the remainder of our time. I thank the 
Chair for his courtesy.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, point No. 1, this is additional money. 
Point No. 2, the House of Representatives added $233 million. Why? For 
the very reason that was in this letter from the Department of the Army 
that says ``to sustain production at the maximum capacity through the 
end of fiscal year 2005, the Army would need the additional funding of 
approximately $213 million.'' That is what the Department of Defense 
says it needs. That is what the House has done.
  With all respect to the estimates that have been made, under the 
current request, the Department of Defense has testified nine times at 
the Armed Services Committee in terms of the needs of uparmored 
humvees. Every time they have been wrong. That is not just me talking. 
That is the GAO. This April, a GAO report says there are two primary 
causes for the shortages--shortages, that is the GAO, shortages--of the 
uparmored vehicles and add-on kits. One, a decision was made to pace 
production rather than use the maximum available capacity and, 
secondly, funding allocations did not keep up rapidly with increasing 
requirements.
  That is the GAO in April of this year. ``Army officials have not 
identified any long-term efforts to improve the availability of 
uparmored humvees.'' That is the GAO.
  The House took it. The GAO says it is necessary. The Department of 
Defense says so, too. Let us just include that and not leave the men 
and women who need the uparmored Humvees at risk in dangerous places 
around the world.
  Mr. DOMENICI. Would the Senator yield for a question?
  Mr. KENNEDY. How much time is remaining? I believe I have used my 
time.
  The PRESIDING OFFICER. There is 5 minutes remaining.
  Mr. DOMENICI. I ask for 10 seconds.
  I ask the Senator, is this the first time the Senator from 
Massachusetts has been for something that the Republican House of 
Representatives is for?
  Mr. KENNEDY. That is a good question. I think I can think back and 
maybe find one. I will think back and find one. Saint Patrick's Day 
address.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. BAYH. Mr. President, with reference to the House, I say to our 
colleague from New Mexico with reference to the House, even a broken 
clock is right twice a day. So there is a first time for everything.
  It is rare that this body votes on a matter that will affect the life 
and limbs of soldiers fighting as we speak in a theater of war. Now is 
such a time. As my colleague, Senator Kennedy, mentioned, the Army has 
chronically underestimated the need for uparmored vehicles in the Iraqi 
theater. Nine consecutive times they have gotten it wrong. We now have 
a letter saying that finally they have gotten it right.

[[Page S4086]]

  Walter Reed Army Hospital and the other military hospitals of this 
Nation are filled with the young men and women who have paid the price 
for these errors. When will we err on the side of doing more rather 
than less to protect the troops? Now is that time.
  I conclude by saying this: Do my colleagues remember the young 
soldier who stood up when the Secretary of Defense visited Iraq and 
spoke about hillbilly armor? Do my colleagues remember him speaking 
about rummaging through the garbage to find metal to weld onto the side 
of the vehicles? Do my colleagues remember the round of applause he got 
from his fellow soldiers?
  The troops know what is going on. The press knows what is going on. 
Apparently the House of Representatives knows what is going on. It is 
time that the Senate took a stand as well to do something about this, 
to give the troops the protection they need. Rummaging through the 
garbage--that is an outrage. Here is our chance to bring it to a stop. 
I ask my colleagues for their support.
  Mr. STEVENS. Is all time yielded back?
  Mr. KENNEDY. I yield back the balance of our time.
  The PRESIDING OFFICER (Mr. Cornyn). All time is yielded back.
  Mr. STEVENS. Have the yeas and nays been ordered?
  The PRESIDING OFFICER. The yeas and nays have been previously ordered 
on the amendment.
  The question is on agreeing to the amendment.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  The result was announced--yeas 61, nays 39, as follows:

                      [Rollcall Vote No. 108 Leg.]

                                YEAS--61

     Akaka
     Alexander
     Allen
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Burns
     Byrd
     Cantwell
     Carper
     Chafee
     Clinton
     Coleman
     Collins
     Conrad
     Corzine
     Dayton
     DeWine
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Hutchison
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCain
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Snowe
     Specter
     Stabenow
     Talent
     Thune
     Wyden

                                NAYS--39

     Allard
     Bennett
     Bond
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Cornyn
     Craig
     Crapo
     DeMint
     Dole
     Domenici
     Ensign
     Enzi
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Inhofe
     Inouye
     Isakson
     Kyl
     McConnell
     Murkowski
     Roberts
     Sessions
     Shelby
     Smith
     Stevens
     Sununu
     Thomas
     Vitter
     Voinovich
     Warner
  The amendment (No. 520) was agreed to.


                             Change of Vote

  Mr. BURNS. Madam President, on today's vote No. 108, I voted ``nay.'' 
My intention was to vote ``yea.'' I ask unanimous consent to change my 
vote. It will not affect the outcome of the vote on the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The foregoing tally has been changed to reflect the above order.)
  The PRESIDING OFFICER. The Senator from Kansas is recognized.

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