Congressional Record, Volume 151 Issue 49 (Thursday, April 21, 2005)

[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.

____________________