[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Senate]
[Pages S10634-S10635]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         DEFENSE AUTHORIZATION

  Mr. LEVIN. Mr. President, every year since 1961, there has been an 
annual Defense authorization bill enacted. This year--
  Mr. WARNER. Mr. President, I wonder if the Senator would yield to me 
for a moment?
  Mr. LEVIN. I would be happy to.
  Mr. WARNER. For the purpose of putting in a quorum call.
  Mr. President, 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. LEVIN. 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the quorum call be rescinded.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. LEVIN. Mr. President, every year since 1961 there has been an 
annual Defense authorization bill enacted. This year, like the previous 
44 years, conferees and staff have worked extraordinarily hard and 
cooperated on a bi-partisan basis to get us to this point in our 
deliberations on this bill that means so much to our country. The fact 
that we are keeping up our decades-long tradition is reason enough to 
be proud, but what I am even prouder of is the leadership that our 
chairman and my friend, Senator Warner, has invested in getting us to 
this point.
  This bill is essential to the men and women of our Armed Forces.
  I am pleased that the conference report reflects Senate's 
longstanding commitment to a larger Army and Marine Corps. We 
authorized an increase of 1000 active duty marines for an authorized 
end strength of 180,000, 5,000 more than the administration requested. 
We also authorized an active duty end strength for the Army of 
512,4000, 30,000 more than requested.
  I am delighted that, after several years of fighting for it, we have 
finally been able to authorize the TRICARE health care benefit for all 
members of the Selected Reserve and their families for a reasonable 
premium that is 28 percent of the cost of the program. I am also 
pleased that the conference report prohibits the Department of Defense 
from increasing enrollment premiums for military retirees and cost 
shares for prescriptions filled through retail pharmacies while the GAO 
conducts an audit of the health care program and a Task Force completes 
a comprehensive assessment of the future of military health care.
  The conference report also contains numerous other provisions to 
enhance the quality of life of our service members and their families, 
including: paying full replacement value for household goods lost or 
damaged in military moves; authorizing a total of $50 million in aid to 
local civilian schools, including $35 million in supplemental impact 
aid for schools with large numbers of military dependents, $5 million 
children with severe disabilities, and $10 million for schools affected 
by significant changes in military dependent students as a result of 
force structure changes, creation of new military units, and BRAC; and 
placing restrictions on payday loans to service members and their 
families.
  The conference report also does not include a provision contained in 
the House Bill that would have provided that ``each [military] chaplain 
shall have the prerogative to pray according to the dictates of the 
chaplain's own conscience, except as may be limited by military 
necessity, with any such limitation being imposed in the least 
restrictive manner feasible.''
  This is a lot more complicated issue than it seems at the surface. 
Military chaplains not only minister to members of their own faith 
group, they also minister to the needs of a diverse group of military 
members and their families, including those of other faith groups and 
those who claim no religious faith.
  The military services respect the rights of military chaplains to 
adhere to the tenets of their respective faiths and give them virtually 
unrestricted discretion as to the content of their religious message 
when performing core ecclesiastical functions, including worship 
services, teaching, bible study, counseling, hearing confessions, 
preaching, and performing religious ceremonies. However, when 
performing functions at mandatory military events with multi-faith 
audiences, there is a longstanding military tradition of chaplains 
offering a prayer that demonstrates sensitivity, respect, and tolerance 
for all faiths present. Military chaplains are trained and expected to 
use good judgment when addressing pluralistic audiences at public, non-
worship ceremonies, and they are never required to participate in 
religious activities inconsistent with their beliefs.
  The Chiefs of Chaplains from each of the military services have 
advised us that, if enacted, the House provision would limit chaplain 
effectiveness and erode unit cohesion. They are concerned that 
commanders would no longer invite chaplains to pray at ceremonies where 
faith specific prayers might be offensive to members of other faiths 
who are required to participate. We have also heard from the National 
Conference on Ministry to the Armed Forces, an organization that 
represents the vast majority of military chaplains, and numerous 
other denominational and religious organizations that support military 
chaplaincy and respect religious freedom, who oppose the House 
provision.

  The decision that this provision will not be included in the 
conference report is the right answer in light of the fact that neither 
the Senate nor the House has held hearings on this very important and 
complex issue.
  Of course, we were not able to get everything we wanted in this 
conference. For example, I am very disappointed that we were not able 
to authorize federal pricing for prescriptions filled through the 
military's TRICARE retail pharmacy program.
  Over my objections, the conferees agreed to a House provision 
regarding an existing settlement agreement between the Federal 
Government and two private parties regarding the removal of non-native 
animals from a national park on Santa Rosa Island, CA. This language is 
also strongly opposed by the two California Senators and by the Energy 
Committee, which has jurisdiction over this matter. This provision 
directs the Secretary of Interior not to take certain actions which 
were not the responsibility of the Secretary in the first place. 
Therefore, while I do not believe this conference agreement changes the 
legal obligations of the two private parties to this settlement, I 
believe this provision is unnecessary and misguided and that it should 
not have been included.
  I am also disappointed that the conference report does not include 
the Akaka-Collins-Levin amendment on whistleblower protection. This 
amendment would have addressed gaps that have developed in the 
protection of federal employee whistleblowers since the enactment of 
the Whistleblower Protection Act of 1989.
  However, the conferees did agree to a number of provisions designed 
to address wasteful practices and shortcomings in DoD management. These 
include: a provision prohibiting contractors who perform little or no 
work on a project from charging excessive ``pass-through'' fees to the 
Government; a provision prohibiting the ``parking'' of funds in a 
particular part of the Defense budget when the money is not really 
intended to be used for that purpose; a provision requiring contract 
oversight mechanisms for the acquisition of major computer systems, 
similar to the mechanisms already in place for the acquisition of major 
weapon systems; a provision limiting the use of cost-type contracts for 
the acquisition of major weapon systems; and a provision requiring that 
DOD hire and train government employees, in lieu of contractor 
employees, to perform critical acquisition functions.
  I am also pleased that the conferees included a provision that would 
require a new comprehensive National Intelligence Estimate, NIE, on 
Iran. This provision also includes a requirement for the President to 
submit a report to Congress that would fully describe the U.S. policy 
on Iran.
  The conference report also authorizes a responsible budget that tries 
to balance the need to support current military operations while 
continuing the modernization and transformation of our armed forces.
  To support continuing operations in Iraq and the global war on 
terrorism, the conference report authorizes a $70

[[Page S10635]]

billion bridge supplemental for fiscal year 2007. Of this amount, $23 
billion is devoted to ``reset'', that is, repair or replacement of Army 
and Marine Corps equipment, based on detailed requests provided by the 
services. The supplemental also includes a separate $2.1 billion 
account for the Joint Improvised Explosive Device Defeat Organization, 
JIEDDO, that is dedicated to countering improvised explosive devices.
  The conferees agreed to an important provision that was sponsored by 
Senators McCain and Byrd, with the unanimous support of the Senate, 
that would require the President to request funds for operations in 
Iraq and Afghanistan in the regular budget beginning with the fiscal 
year 2008 budget that will be submitted next February. I strongly 
supported this provision. This administration has misled the American 
people far too often with respect to the war in Iraq. I am pleased that 
we have taken a major step in this bill to at least make our budgets 
more honest in the future by including the substantial costs we know we 
are going to incur in Iraq and Afghanistan. In fiscal year 2006, those 
costs reached a staggering $10 billion per month. It is irresponsible 
to make decisions on spending and taxation without including these 
costs in our budgets, and in this conference report we are putting an 
end to that practice.

  With the respect to the F-22 multiyear procurement authority, the 
conferees agreed to provide authority for the Air Force to enter a 
multiyear contract for three years, subject to a certification by the 
Secretary of Defense that the savings are ``substantial'' in view of 
historical multiyear contracts.
  The conferees also adopted Senate legislation that requires the 
Secretary of Defense to initiate an independent assessment of available 
foreign and domestic active protection systems to assess the 
feasibility of their near term and long term development and 
deployment. Active protection systems could be placed on vehicles like 
Bradleys, Strykers, and tanks to shoot down incoming threats including 
rocket propelled grenades, RPGs, and mortars. These type of weapons 
represent a real and growing threat to our deployed forces.
  In the area of nonproliferation programs, I am disappointed that the 
conference report does not include a Senate provision, authored by 
Senator Lugar, to repeal all of the annual Cooperative Threat 
Reduction, CTR, certification requirements. These certifications have 
long outlived their usefulness and now only needlessly delay the CTR 
program. This conference report does include, however, a provision that 
would extend certain annual waiver authorities associated with 
destruction of Russian chemical weapons and fully funds the CTR 
programs at the Department of Defense at the budget request of $372.1 
million.
  Finally, the conferees authorized $11.7 billion for science and 
technology programs that will develop technologies to transform our 
military. This is an increase of $575 million over the budget request. 
This represents 2.7 percent of the DOD budget, still unfortunately 
falling short of the congressional and QDR goal of a 3-percent 
investment level.
  On five other occasions, Senator Warner has led us as chairman in 
producing an annual defense authorization bill for the President to 
sign. Unfortunately, because of the 6-year term limitation imposed on 
committee chairmen by the Republican conference, this is the sixth and 
last defense authorization bill that Chairman Warner will shepherd 
through the process. He will have to step down as our chairman next 
year, but thankfully for the Nation and the Senate and for me 
personally, he will continue serving as a member of the Senate Armed 
Services Committee.
  This year's process to produce a bill has been particularly difficult 
as people outside our conference sought to inject extraneous items into 
the conference. Throughout it all, Senator Warner refused to allow such 
matters to be added--in the face of enormous pressure.
  We all know that Senator Warner has led a distinguished life of 
public service. He and I came to the Senate together in 1979 and we 
have served side by side on this committee continuously for the past 
27-plus years. Defense authorization bills enacted over that entire 
period have always had John Warner's positive imprint on them.
  Historically, our committee's chairmen--men such as Richard Russell 
and John Stennis and Sam Nunn--have been guided by one principle: Do 
what is right for our Nation and its military members. John Warner has 
followed in that fine tradition and we cannot thank him enough for it. 
It is very fitting that this bill is going to be named after my dear 
friend and our esteemed colleague, Senator John Warner. He is truly a 
man worthy of such a great honor.
  I was keenly disappointed when the majority leader earlier tonight 
objected to this vital bill being acted upon. I'm hopeful that he will 
withdraw his objection before we adjourn, for the sake of the men and 
women in uniform and their families.
  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. SESSIONS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Thune). Without objection, it is so 
ordered.
  Under the previous order, H. Con. Res. 483 is agreed to, and the 
motion to reconsider is laid on the table.
  The resolution (H. Con. Res. 483) reads as follows:

                            H. Con. Res. 483

       Resolved by the House of Representatives (the Senate 
     concurring), That when the House adjourns on the legislative 
     day of Friday, September 29, 2006, Saturday, September 30, 
     2006, or Sunday, October 1, 2006, on a motion offered 
     pursuant to this concurrent resolution by its Majority Leader 
     or his designee, it stand adjourned until 2 p.m. on Thursday, 
     November 9, 2006, or until the time of any reassembly 
     pursuant to section 2 of this concurrent resolution, 
     whichever occurs first; that when the House adjourns on the 
     legislative day of Thursday, November 9, 2006, on a motion 
     offered pursuant to this concurrent resolution by its 
     Majority Leader or his designee, it stand adjourned until 2 
     p.m. on Monday, November 13, 2006, or until the time of any 
     reassembly pursuant to section 2 of this concurrent 
     resolution, whichever occurs first; that when the Senate 
     recesses or adjourns on any day from Friday, September 29, 
     2006, through Wednesday, October 4, 2006, on a motion offered 
     pursuant to this concurrent resolution by its Majority Leader 
     or his designee, it stand recessed or adjourned until noon on 
     Thursday, November 9, 2006, or such other time on that day as 
     may be specified by its Majority Leader or his designee in 
     the motion to recess or adjourn, or until the time of any 
     reassembly pursuant to section 2 of this concurrent 
     resolution, whichever occurs first; and that when the Senate 
     recesses or adjourns on Thursday, November 9, 2006, on a 
     motion offered by its Majority Leader or his designee, it 
     stand recessed or adjourned until noon on Monday, November 
     13, 2006, or Tuesday, November 14, 2006, as may be specified 
     by its Majority Leader or his designee in the motion to 
     recess or adjourn, or such other time on that day as may be 
     specified by its Majority Leader or his designee in the 
     motion to recess or adjourn, or until the time of any 
     reassembly pursuant to section 2 of this concurrent 
     resolution, whichever occurs first.
       Sec. 2. The Speaker of the House and the Majority Leader of 
     the Senate, or their respective designees, acting jointly 
     after consultation with the Minority Leader of the House and 
     the Minority Leader of the Senate, shall notify the Members 
     of the House and the Senate, respectively, to reassemble at 
     such place and time as they may designate if, in their 
     opinion, the public interest shall warrant it.

  The PRESIDING OFFICER. The Senator from Alabama is recognized.

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