[Congressional Record (Bound Edition), Volume 146 (2000), Part 8]
[Senate]
[Pages 10410-10423]
[From the U.S. Government Publishing Office, www.gpo.gov]



             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2001

  The PRESIDING OFFICER. The Senate will now resume consideration of 
H.R. 4576, which the clerk will report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 4576) making appropriations for the Department 
     of Defense for the fiscal year ending September 30, 2001, and 
     for other purposes.

  Pending:

       Boxer/Reid amendment No. 3308, to prohibit the use of funds 
     for the preventative application of dangerous pesticides in 
     areas

[[Page 10411]]

     owned or managed by the Department of Defense that may be 
     used by children.

  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. 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. REID. 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the quorum call be rescinded.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. REID. Mr. President, it is my understanding that the unanimous 
consent agreement that we are now operating under in the Senate means 
that I am next in order to offer an amendment.
  Is that true?
  The PRESIDING OFFICER. The Senator is to offer an amendment at 10:40.
  Mr. REID. Mr. President, the amendment which I will offer shortly 
deals with a very unique situation. We certainly control the building 
of computers in the United States. We are the great superpower. We are 
also the superpower of computer development. But in spite of that fact, 
about 60 percent of the computers manufactured in the United States are 
sold overseas. Only 40 percent of the computers manufactured in this 
great country are sold internally.
  The problem is there is now a provision requiring a 180-day review 
period to sell a computer, meaning that we are slowly but surely losing 
our ability to control the computer market. Why is that?
  I ask unanimous consent to have printed in the Record a letter to me 
from the Information Technology Industry Council which represents 
generally the technology industry.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                            Information Technology


                                             Industry Council,

                                    Washington, DC, June 13, 2000.
     Hon. Harry Reid,
     U.S. Senate, Washington, DC.
       Dear Senator Reid: I am writing to let you know that ITI 
     strongly supports legislative relief addressing the current 
     180-day waiting period whenever US computer export thresholds 
     are updated. ITI is the leading association of U.S. providers 
     of information technology products and services. ITI members 
     had worldwide revenue of more than $633 billion in 1999 and 
     employ an estimated 1.3 million people in the United States.
       We are grateful for your efforts to secure relief in the 
     defense bills currently before the Senate and wanted you and 
     your colleagues to know we anticipate that votes pertaining 
     to computer exports will be included in our annual High Tech 
     Voting Guide. As you know, the High Tech Voting Guide is used 
     by ITI to measure Members of Congress' support for the 
     information technology industry and policies that ensure the 
     success of the digital economy.
       ITI has endorsed your legislation (S. 1483) to shorten the 
     Congressionally mandated waiting period to 30 days. While we 
     strongly support our country's security objectives, there 
     seems no rationale for treating business-level computers that 
     are widely available on the world market as inherently more 
     dangerous than items being removed from the nation's 
     munitions list--an act that gives Congress just 30 calendar 
     days to review.
       Computer exports are critical to the continued success of 
     the industry and America's leadership in information 
     technology. Computers today are improved and innovated 
     virtually every quarter. In our view, it does not make sense 
     to have a six-month waiting period for products that are 
     being innovated in three-month cycles. That rapid innovation 
     is what provides America with her valuable advantage in 
     technology, both in the marketplace and ultimately for 
     national security purposes--an argument put forth recently in 
     a Defense Science Board report on this very subject.
       As a good-faith compromise, ITI and the Computer Coalition 
     for Responsible Exports (CCRE) backed an amendment to the 
     House-passed defense authorization bill that established a 
     60-day waiting period and guaranteed that the counting of 
     those days would not be tolled when Congress adjourns sine 
     die. The House passed that amendment last month by an 
     overwhelming vote of 415-8.
       Further, as you know, the current provision in law was 
     understandably aimed at protecting the highest performing 
     computers from being exported to countries of particular 
     foreign policy concern. Yet, just last year, a late threshold 
     adjustment coupled with the six-month waiting period led to 
     American companies Apple and IBM being effectively denied the 
     ability to sell single-processor personal computers in some 
     markets because technology has advanced so rapidly that 
     yesterday's supercomputers had literally become today's 
     personal computers.
       We have been heartened in recent weeks by the bipartisan 
     agreement that the waiting period must be shortened. The 
     Administration has recommended a 30-day waiting period. The 
     House, as mentioned above, endorsed a 60-day waiting period. 
     And Gov. George W. Bush has publicly endorsed a 60-day 
     waiting period as well in recognition that commodity 
     computers widely available from our foreign competitors 
     cannot be effectively controlled.
       We thank you for your strong and vocal leadership in this 
     matter and look forward to working with you and other 
     Senators to achieve a strong, bipartisan consensus on this 
     and other issues critical to continuing America's 
     technological pre-eminence.
           Best regards,
                                                  Rhett B. Dawson,
                                                        President.

  Mr. REID. Mr. President, they set forth the problem in this letter. 
Among other things, this letter says:

       . . .the current provision in law would understandably be 
     aimed at protecting the highest performing computers from 
     being exported to countries of particular foreign policy 
     concern. Yet just last year, a late threshold adjustment 
     coupled with the 6-month waiting period, led to American 
     companies, Apple and IBM, being effectively denied the 
     ability to sell single-processor personal computers in some 
     markets because technology has advanced so rapidly that 
     yesterday's supercomputers had literally become today's 
     personal computers.

  It wasn't many years ago that I went to the fifth floor of the Clark 
County Courthouse in Las Vegas. I took a tour of the fifth floor. On 
the entire fifth floor of this big building was a big computer that 
handled all of the processing for Clark County. The temperature had to 
be perfectly controlled. That floor is now gone. It is used for other 
things. That same processing of information can now be accomplished 
with a computer the size of a personal computer.
  I was able, fortunately, to work with Congress and obtain a 
supercomputer for the University of Nevada at Las Vegas. We had a big 
celebration. At that time, the computer was very large. It was probably 
the size of two of these Senate desks. That supercomputer is now 10 
years old. A supercomputer today is not a big piece of equipment.
  We are living in the Dark Ages. We have to change the law.
  In an effort to compromise, the House established a 60-day waiting 
period. It passed by a vote of 415-8.
  We worked very hard to get a bill in the Senate. We have been 
stymied, quite frankly.
  There has been a bipartisan effort by Senator Gramm of Texas, Senator 
Enzi, Senator Johnson, and I. We worked very hard last year.
  The amendment that I am going to offer today is cosponsored by 
Senator Bennett of Utah, a Republican. This is not a partisan issue. It 
shouldn't be. But it is being held up for reasons that are so 
antiquated. The cold war is over. There is no need to have this 
legislation stymied. We are hurting the American manufacturing base.
  We are going to get letters from the Chamber of Commerce. Literally 
all business in America wants this to pass. But in the Senate, two or 
three people are holding this up and preventing it from moving forward.
  As I indicated, this amendment has the broad support from the high-
tech industry.
  I would bet, if we get a chance to vote on this, that 90 Senators 
will vote for it.
  This amendment will shorten the congressional review period for high-
performance computers from 180 days to 30 days.
  On the Appropriations Committee alone, just to pick out one 
committee, Senators Bennett, Murray, and Gorton are cosponsors of this 
legislation introduced in the Senate, and there will probably be more 
today.
  We are operating, as I have said, under cold-war-era regulations. If 
we want to remain the world leader in computers and the high-tech 
arena, we must make this change immediately.
  As I have indicated, I worked for the past year to try to get an 
amendment up so we could do this. We started debate on one measure. It 
was pulled from the floor. The congressional review period is six times 
longer than the review period for munitions.

[[Page 10412]]

  If there is a company that wants to sell rockets, tanks, warships, or 
high-performance aircraft under the foreign military sales program, it 
requires a 30-day review period. But if you want to sell a laptop 
computer such as the one I have in my office, you have to wait 6 
months. In that period of time, American industry could not meet the 
demand. We are falling behind. Manufacturing is already beginning in 
other places. We don't have a lock on how to manufacture computers. We 
are ahead of the world right now.
  I repeat that 60 percent of the computers we manufacture in the 
United States are sold outside the United States. The review period for 
computers is six times longer than for selling to another country a 
battleship, a high-performance aircraft, or a rocket.
  In February, the President, at the urging of Members of Congress, 
proposed changes to the controls on high-performance computers, the so-
called MTOPS, but because of the 180-day review period, the changes 
have yet to be implemented. The U.S. companies are losing foreign 
market share to many different entities. This is a bipartisan effort, 
and we should pass it. We are stifling U.S. companies' growth.
  Last week, I had a meeting in my office with a number of CEOs of big 
companies--IBM, Compaq, and others. This is their No. 1 agenda item. It 
is the base of their business. They make computers, and they want to be 
able to sell them. A strong economy and a strong U.S. military depend 
on our leadership. U.S. companies have to be given the opportunity to 
compete worldwide in order to continue to lead the world in 
technological advances. Our export regulations are the most stringent 
in the world, giving foreign competitors a head start, to say the 
least.
  U.S. industry faces stiff competition as foreign governments allow 
greater export flexibility, placing America at a greater disadvantage. 
Many of the manufacturers have no export controls. The current export 
control system interferes with legitimate U.S. exports because it 
doesn't keep pace with technology. The MTOPS level of microprocessors 
increased fivefold from 1998 to 1999. This is the speed of computers 
for my base description.
  From 1998 to 1999, there has been a fivefold increase. Today's level 
will more than double in 6 months because they are introducing 
something called the Intel Itanium chip. In a period of 2 years, there 
is going to be a tenfold increase in the ability of these 
microprocessors. New export controls will not take effect until the 
completion of the required 6-month waiting period. By then, the 
thresholds will be obsolete and American companies will have lost 
considerable market share again to foreign markets. The current export 
control system doesn't protect U.S. national security.
  The ability of American defense systems to maintain technological 
advantages relies increasingly on the U.S. computer industry's ability 
to be on the cutting edge of technology. We need to move forward with 
this legislation. Protection of capabilities and technologies readily 
available in the world market is, at best, unhelpful for maintenance of 
military dominance and, at worst, counterproductive, according to the 
final report of the Defense Science Board Task Force on Globalization 
Security that came out in December of last year.
  It doesn't make sense to impose a 180 waiting-day period for products 
with a 3-month innovation period that are available for foreign 
countries. We have to keep changing.
  Right now, American companies are forbidden from selling computers in 
tier III countries, while foreign competitors are free to do so.
  The removal of items from export controls imposed by the munitions 
list, such as tanks, rockets, warships, and high-performance aircraft, 
requires a 30-day waiting period. We need to put our priorities in 
order; 180 days is too long. It is way too long.
  The new Intel microprocessor will be available very soon, with 
companies all over America already signed on to use this 
microprocessor. Foreign countries have signed on to using it, including 
Hitachi and Siemens. They will be so far ahead of us in sales to other 
countries that we will never catch up unless we change this law.
  The most recent export controls announcements made by the 
administration on February 1 will therefore be out of date in less than 
6 months.
  Lastly, a review period, comparable to that applied to other export 
control and national security regimes, will still give Congress 
adequate time to review national security ramifications of change in 
the U.S. computer export control regime.
  I urge my colleagues to support this amendment. There is no doubt in 
my mind that this amendment would pass overwhelmingly. I hope the 
managers of this bill will allow this amendment to go forward. It would 
be too bad if we were stymied, once again, from allowing something that 
has the overwhelming support of the American people, including the 
American business sector, whether they are in the computer industry or 
not. It has the total support of the computer industry. It also has the 
support of Members of Congress, as I have indicated. It passed the 
House of Representatives overwhelmingly. The vote was 415-8. In the 
Senate, it will get 90 votes. It would be a shame that a point of 
order, some technicality, would prevent the Senate from going forward 
on this legislation. This is a Defense appropriations bill. There could 
be no finer vehicle to consider this amendment. I hope some 
technicality does not prevent me from having this voted upon.


                           Amendment No. 3292

 (Purpose: To amend the National Defense Authorization Act for Fiscal 
     Year 1998 with respect to export controls on high performance 
                               computers)

  Mr. REID. I send the amendment to the desk on behalf of Senators Reid 
and Bennett.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid], for himself and Mr. 
     Bennett, proposes an amendment numbered 3292.

  Mr. REID. I ask unanimous consent reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place, insert the following new section:

     SEC. __. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE.

       Section 1211(d) of the National Defense Authorization Act 
     for Fiscal Year 1998 (50 U.S.C. App. 2404 note) is amended--
       (1) in the second sentence, by striking ``180'' and 
     inserting ``30''; and
       (2) by adding at the end, the following new sentence: ``The 
     30-day reporting requirement shall apply to any changes to 
     the composite theoretical performance level for purposes of 
     subsection (a) proposed by the President on or after January 
     1, 2000.''.

  Mr. STEVENS. Mr. President, I am constrained to raise a point of 
order that this amendment contains legislative matter and therefore is 
in violation of rule XVI.
  The PRESIDING OFFICER. In the opinion of the Chair, the amendment is 
legislation on appropriations and is in violation of rule XVI.
  Mr. STEVENS. Therefore, the amendment is not in order; is that 
correct?
  The PRESIDING OFFICER. That is correct.
  Mr. STEVENS. 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.
  Mr. STEVENS. For the information of the Members of the Senate, we 
have a list now of the amendments that have been reviewed by the 
Parliamentarian and have an indication of those that violate rule XVI. 
It is our intention to raise rule XVI for those amendments that are in 
violation of rule XVI. We do have a list that the staff says we may 
modify so they are not in violation of rule XVI, which we would then be 
willing to accept, if the sponsors are willing to accept the 
modification.

[[Page 10413]]

  There are other amendments that have been offered that are not in 
violation of rule XVI that we intend to oppose. For those, I urge 
Senators to have their staffs discuss these amendments with the staff 
of Senator Inouye and myself. It is my understanding we are in 
agreement on the position on these amendments that we find 
unacceptable, even though they are not in violation of rule XVI.
  I do think we can proceed in a very rapid fashion to determine how 
many votes we will have today if Members will state whether or not they 
are going to accept our modification. If they accept the modification, 
we will put them in a managers' package that we will offer around 11:30 
as being acceptable under the unanimous consent request we obtained 
yesterday, to give the managers the right to modify amendments to make 
them acceptable under rule XVI.
  It is my understanding the Senator from California is now going to 
offer an amendment. Could I inquire of the Senator if she intends to 
ask for a vote on this amendment?
  Mrs. BOXER. Yes, I do.
  Mr. STEVENS. We are prepared to accept the amendment of the Senator. 
Does she still want a vote?
  Mrs. BOXER. On the medical privacy?
  Mr. STEVENS. Yes.
  Mrs. BOXER. I need to think about it for a couple of minutes.
  Mr. REID. If the Senator from Alaska will yield?
  Mr. STEVENS. I am happy to yield.
  Mr. REID. We now have 61 amendments not subjected to rule XVI, 25 
Democrat, 36 Republican amendments. We want to make sure the majority 
understands we will do everything we can to cooperate with the 
majority. We would like to move this bill along as quickly as possible 
and get back to the Defense authorization bill at an early time. But I 
suggest, as I have indicated, there are more Republican amendments than 
Democratic amendments. We are going to do what we can to work on this 
side. I have spoken to Senator Inouye and he has indicated the two 
managers would accept a number of these amendments. Throughout the day 
we will work on these to see what we can do to move this bill along. I 
hope the same will happen on the Senator's side if we are to complete 
this legislation.
  Mr. STEVENS. I say to my distinguished friend, the Democrat whip, we 
have reviewed these and there are a series on both sides. It is true 
there are more on our side than on the Democratic side that we intend 
to oppose, but the majority of the ones we would oppose are subject to 
rule XVI.
  Mr. REID. None of the 36 are subject to rule XVI, I say to the 
manager of the bill. Regarding the 36 Republican amendments, the 
Parliamentarian has preliminarily indicated they are not subject to 
rule XVI. We, through the efforts of the staffs, working with the 
Parliamentarian, believe there are some 35 or so amendments that are 
knocked out because of rule XVI. But we do have 61 remaining, 36 
Republican and 25 Democrat.
  Mr. STEVENS. Mr. President, I regret to say I have a 5-page list and 
I didn't have 2 pages in front of me. The Senator is right. We are 
working on those now, to notify Members on our side that we will oppose 
the amendments as listed on the basis we do not feel we can accept them 
because of the provisions of the existing bill and because of the 
availability of funds.
  We will proceed to do just as the Senator has indicated. If Members, 
however, will accept our modifications--the Senator is aware of the 
modifications list? We again repeat, if they accept our modifications, 
although we oppose the amendments in the present form, we will include 
them in the managers' package. We hope to get a reply back from 
Members. Of course, Members have the right to offer their amendments 
and request a vote of the Senate. We are indicating, regarding those 
that we have not put on the acceptable list, we will oppose those 
amendments.
  Mr. REID. We will also try to work with the manager of the bill to 
make sure we have people available to offer these amendments so there 
is not a lot of time in quorum calls.
  Mr. STEVENS. I yield the floor.


                           Amendment No. 3363

  (Purpose: To protect the privacy of an individual's medical records)

  The PRESIDING OFFICER. Under the previous order, the Senator from 
California, Mrs. Boxer, is recognized to call up an amendment.
  Mrs. BOXER. Mr. President, I call amendment No. 3363.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from California [Mrs. Boxer] proposes an 
     amendment numbered 3363.
       At the appropriate place, insert the following:

     SEC.   . PRIVACY OF INDIVIDUAL MEDICAL RECORDS.

       None of the funds provided in this Act shall be used to 
     transfer, release, disclose, or otherwise make available to 
     any individual or entity outside the Department of Defense 
     for any non-national security or non-law enforcement purposes 
     an individual's medical records without the consent of the 
     individual.

  Mrs. BOXER. Mr. President, I believe anyone who listens to us will 
agree this issue of privacy of medical records is really moving to the 
forefront of American public discourse. I think we all believe certain 
things should be private. Certainly our medical records should be 
private unless we are very willing to discuss them or have them 
discussed. I am very pleased Senator Stevens and Senator Inouye support 
this amendment, and having received assurances they will work for it in 
the conference, I am not going to ask for a recorded vote. But I think 
it is a breakthrough that the managers have accepted this amendment.
  I wish to make a point here about privacy of medical records. The 
Department of Defense is no better or no worse than any other Federal 
agency because all the Federal agencies have been going by the rules 
that were set forth in 1974. I do not know how old you were in 1974, 
Mr. President, but it was a long time ago. That is when we wrote the 
rules surrounding privacy, the Privacy Act of 1974, that really govern 
all the rules of privacy surrounding Federal employees, be they in the 
military or in the nonmilitary.
  A cursory reading of the Privacy Act of 1974 will make your hair 
stand on end. It governs the privacy of medical records, but it says 
that no one can get your record unless you give prior written consent 
``unless''--and here is the part you have to hear:

       Unless the records are disclosed within an agency to a 
     person who needs it in the performance of the job.

  So anyone can get your record if they decide they want to see it as 
they do a job performance. Then it says an agency can get your record 
without your approval if it is for a routine use specified in the 
Federal Register. They can get your record, and listen to this, give it 
to the Census Bureau with your name attached: Barbara Boxer, this is 
her medical record. The Census Bureau needs your record so they can 
carry out a census survey. Maybe they want to find out which Federal 
employees had what disease. They can get those records for the census 
for statistical purposes, but they say the records would not be 
individually identifiable, so I suppose that is OK.
  Listen to this. The National Archives can get your record without 
your permission if your record has a sufficient historical value. So I 
say to the Presiding Officer, maybe someone in the National Archives is 
interested in his dad, the great Senator who preceded him, because they 
feel his records have sufficient historical value. That is absurd; they 
could get them if the agency released them.
  Then there is a big loophole:

       * * * because of a compelling circumstance affecting the 
     health or safety of an individual.

  Imagine, someone decides there is a compelling circumstance to know 
any Senator's or any employee's or any clerk's disabilities, what 
medicines they are on. Oh, they can get it if there is a compelling 
circumstance. That is not defined. Congress can get your record. 
Congress has a right to get the record of every clerk sitting here, any 
person in any Federal agency, without

[[Page 10414]]

their consent. Talk about Big Brother or Big Sister, as the case may 
be. They have the right to find out anybody's record, their medical 
record. What a stunning revelation this is, to read the 1974 Privacy 
Act.
  How about this one? The General Accounting Office, the GAO, doing a 
study--and we know we ask them to do many studies--can, in fact, get 
the record of any Federal employee with their name attached.
  A consumer reporting agency can go ahead and get that information.
  So here we have the Privacy Act of 1974. I have gone through it. Out 
of the 12 provisions, the exceptions, only 2 of them make sense. They 
have to do with criminality, but everything else makes no sense.
  I am very pleased Senators Stevens and Inouye understand this. I say 
to my friend from Alaska, under the Privacy Act that applies today, it 
is not just the military; it is all Federal agencies. I am just doing 
it here because this bill came out first. The DOD is absolutely no 
worse than any other agency. They are just following the Privacy Act of 
1974. It is chilling to see how Congress can get an individual's 
medical record with their name attached or how the Census Bureau can 
get an individual's medical record with their name attached, without 
approval.
  In our amendment we simply say that, in fact, an individual needs to 
give permission, unless it is for a national security or law 
enforcement purpose. Then we say: Fine, you give up your rights in that 
particular case.
  Again, I am pleased; we are breaking fine new ground. We should apply 
what we are doing here to every agency. I will do that, by the way, on 
every appropriations bill I can because this is absolutely critical.
  I am delighted we are going to have a voice vote on this. I would 
like to have it accepted. A voice vote will be fine. This is not a 
complicated issue. This is a question of people in the military having 
peace of mind, knowing their records are secure. I will go away very 
pleased on this one.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Mr. President, the Senator from California is correct in 
regard to the defense operations. I do note the exemption, where 
necessary, in the interest of national security. There are situations 
in which a commander has to know the medical conditions of people whom 
they might dispatch. That exception makes it acceptable for the 
Department of Defense.
  However, I do not think we are going to proceed with having a piece-
by-piece amendment to the Privacy Act on the appropriations bills. This 
is very much acceptable on this bill. With the conditions that are 
being applied, it is a step in the right direction.
  I urge the Senator from California not to consider a piece-by-piece 
amendment to the Privacy Act on these appropriations bills as they come 
through because this Senator is not going to support that. It becomes 
legislation on an appropriations bill on other matters, I can say that.
  With regard to military records, it is an entirely different 
circumstance. Military records are part of the Department of Defense 
operation, and this is a step in the right direction. I am happy to 
accept the amendment on that basis.
  I know of no other agency that has access to the medical records of 
the individuals who are employed by the agency as this one does. The 
Department of Defense does, and I think the Department of Defense will 
welcome this guidance. I am pleased to accept it on that basis.
  The PRESIDING OFFICER (Mr. Enzi). The question is on agreeing to 
amendment No. 3363.
  The amendment (No. 3363) was agreed to.
  Mr. INOUYE. 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. Mr. President, I will not offer amendment No. 3309 which 
was a backup amendment in case I was unsuccessful. I will be offering 
this when it is appropriate, not when it is inappropriate. I am 
absolutely delighted. I make the point, this is the first time we 
protected medical records. I could not be more pleased. I thank the 
managers for their support.
  Mr. STEVENS. Mr. President, we are awaiting additional amendments. 
Does the Senator from California intend to offer amendments Nos. 3310 
or 3311?
  Mrs. BOXER. Mr. President, I do plan to offer amendments Nos. 3310 
and 3311, but I need a little more time to get all my ducks in a row on 
them. I will be back as soon as I can do that.
  Mr. STEVENS. 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. ALLARD. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 3346

  (Purpose: To provide for an additional payment from the surplus to 
                        reduce the public debt)

  Mr. ALLARD. Mr. President, I have an amendment at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Colorado [Mr. Allard], for himself, Mr. 
     Voinovich, Mr. Grams, and Mr. Enzi, proposes an amendment 
     numbered 3346.

  The amendment is as follows:

       At the appropriate place, insert the following:

                       DEPARTMENT OF THE TREASURY


                       bureau of the public debt

      gifts to the united states for reduction of the public debt

       For deposit of an additional amount into the account 
     established under section 3113(b) of title 31, United States 
     Code, to reduce the public debt, $12,200,000,000.

  Mr. ALLARD. Mr. President, I thank Senators Voinovich, Grams, and 
Enzi for agreeing to cosponsor this particular amendment.
  As everybody in the Senate knows, I have been working for some time 
to put a plan before the Senate that would pay down the debt over a 
period of time. I have always been a strong proponent of paying down 
the debt. I believe Congress needs to live within its own spending 
restraints.
  In 1961, Congress established within the Department of Treasury the 
Bureau of the Public Debt. It is an account for citizens to repay the 
public debt. Our amendment relates to the surplus from fiscal year 
2000. The surplus projected by the Congressional Budget Office has been 
projected to be $26.5 billion; that is over and above what was provided 
for when we passed the budget last year.
  There was an emergency resolution that provided for some spending, so 
we have already spent part of the $26.5 billion: $14.3 billion went to 
reversing the payday delays and moving appropriation spending back into 
fiscal year 2000, which was a procedural issue early on in the year. It 
took $7.2 billion to do that. We took $5.5 billion for agriculture 
relief and $1.6 billion for natural disaster relief, Kosovo, and 
assistance to the Government of Colombia for drug relief. That totals 
$14.3 billion. That leaves $12.2 billion that has not been obligated 
that is going to be surplus in this year's budget.
  We have another estimate that will be coming in later on in the year. 
Very likely, there will even be additional dollars at some point in 
time over and above the $12.2 billion on which the Senate can make a 
decision. Basically, what we are asking with this amendment is that the 
$12.2 billion ought to go towards paying down the public debt. It is 
based on figures released by the Congressional Budget Office, and it is 
within the budget resolution that was passed earlier this year. It 
takes care of emergency spending needs.
  I am asking Members of the Senate to support me in helping to pay 
down the debt. In recent years, we have had an unprecedented amount of 
surplus. The surplus has illustrated the importance of showing some 
fiscal restraint. Actually, the budget resolution we passed earlier, in 
both the House and Senate, is an agreement between the

[[Page 10415]]

House and the Senate to stay within certain spending parameters. This 
falls within those guidelines. The only enforcement mechanism is our 
willingness to live by our own rules.
  We are saying with this amendment that we ought to live by the 
agreement that was earlier arranged between the House and the Senate, 
and passed. And if there is any spending, instead of increasing 
spending, we ought to be paying down the debt.
  The emergency spending is not counted for under the budget caps or 
the 302(b) allocation. In my view, the spending privilege that we had 
in the past years has been abused. We have spent more and not worked 
hard enough to hold down and stay within the caps.
  The increased spending may ultimately threaten the Social Security 
surplus. We have all talked about how important it is to save Social 
Security. I have been of the view that if you pay down the debt, you 
can free up resources so that we can work at Social Security reform in 
future years. Obviously, it is not going to happen this year.
  In my view, we cannot, in good conscience, continue to spend when we 
have such huge obligations that are facing us in future years, 
particularly in Social Security trust funds. The Congressional Budget 
Office, again, has scored this as a no-cost transfer.
  The amendment appropriates $12.2 billion to an already existing 
account at the Bureau of Public Debt, which we set up in past years for 
taxpayers to pay into because this Congress thought it was important to 
the American taxpayers.
  I am saying to the American taxpayer that you have shown a commitment 
to want to pay down the public debt. Members of the Senate and the 
House need to carry forward with their desire and their commitment and 
show an equal desire to pay down the public debt. This transfers money 
away from spending and locks it into debt owed to the public.
  New estimates will be coming later on in the year and promise to 
offer similar opportunities for dedicating more of the fiscal year 2000 
money to repay debt owed to the public.
  I have an article that was written by Peter B. Sperry of the Heritage 
Foundation entitled ``Making Sure Surplus Revenue Is Used To Reduce The 
National Debt.'' I ask unanimous consent that it be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       [From the Heritage Foundation Backgrounder, June 13, 2000]

    Making Sure Surplus Revenue Is Used To Reduce the National Debt

                          (By Peter B. Sperry)

       Although most Americans assume that a federal budget 
     surplus in any year is automatically used to reduce the 
     national debt, or at least the debt held by the public, this 
     actually is not the case. The U.S. Department of the Treasury 
     must implement specific financial accounting procedures if it 
     is to use a cash surplus to pay down the debt held by the 
     public. If these procedures are not followed, or if they 
     proceed slowly, then the surplus revenue just builds up in 
     the Treasury's operating cash accounts.
       This excess cash could be used in the future to further 
     reduce the debt, but only if it is protected from other uses 
     in the meantime. Until the excess cash if formally committed 
     to debt repayment, Congress could appropriate it for other 
     purposes. Consequently, the current surplus will not 
     automatically reduce the publicly held national debt of $3.54 
     trillion unless Congress acts now to make sure these funds 
     are automatically used for debt reduction and for no other 
     purpose.
       There is a parallel to this in household finance. When a 
     family with a large mortgage, credit card debt, and several 
     student loans receives an unexpected financial windfall, it 
     usually deposits the funds in a checking account and takes a 
     little time to consider how best to allocate the revenue--
     whether to refinance the mortgage, pay off credit cards, or 
     establish a rainy day fund. Meanwhile, the family's debt 
     remains, and will not be reduced until the family formally 
     transfers funds to one or more of its creditors. If the 
     family does not take some action in the interim to wall off 
     the cash, it often ends up frittering away the money on new 
     purchases, and the debt remains.
       The federal government faces a similar situation. Surplus 
     revenues are accumulating in the Treasury Department's 
     operating cash accounts faster than the Bureau of the Public 
     Debt can efficiently dedicate them to reducing the public 
     debt. Consequently, surplus balances in these accounts have 
     reached historic levels, and they are likely to accumulate 
     even faster as the size of the surplus grows. Unless Congress 
     takes formal action to protect these funds, they are 
     available to be used or misused at any time in the 
     appropriations process. Fortunately, the House soon will 
     consider a bill (H.R. 4601) that would protect the budget 
     surplus from being raided by appropriations until prudent 
     decisions can be made about its use.


                    why debt reduction needs a boost

       Thanks to unexpected budget surpluses, the U.S. Department 
     of the Treasury issued less new debt than it redeemed each 
     year. It conducted several ``reverse'' auctions to buy back 
     old high-interest debt. And it successfully reduced the 
     amount of federal debt held by the public in less than three 
     years by $230 billion, from $3.77 trillion in October 1997 to 
     $3.54 trillion in April 2000. Chart 1 clearly shows that its 
     efforts have been successful and impressive.
       [Charts not reproducible in the Record.]
       Despite this effort, the Treasury still is awash in cash. 
     Examining the Treasury Department's monthly reports over this 
     same period (see Appendix) reveals that, after accounting for 
     normal seasonal fluctuations, the closing balances of its 
     operating cash accounts have grown dramatically and, more 
     important, the rate at which cash is accumulating in them has 
     accelerated. The linear trend line in Chart 2 shows both the 
     growth in the closing balances in the cash accounts and the 
     projected growth under current conditions. Essentially, if no 
     provisions are made to protect these balances, in August 
     2002--two months before the midterm elections--appropriators 
     would have access to almost $60 billion in non-obligated 
     cash.
       Unfortunately, even this projection may be too 
     conservative. Examination of month-to-month changes in the 
     closing balances indicates that the rate of cash accumulation 
     has started to accelerate, which will cause the closing 
     balances to grow even faster. The trend line in chart 3 shows 
     that the amount of positive monthly change in closing cash 
     balances has, after accounting for normal fluctuation, 
     increased since October 1997, and cash balances could start 
     to increase by an average of $20 billion per month within two 
     years.
       The Treasury Department faces extraordinary cash management 
     challenges as it attempts to repay the debt held by the 
     public steadily and without destabilizing financial markets 
     that depend on federal debt instruments as a standard of 
     measurement. By protecting accumulated cash balances from 
     misuse, Congress could provide the Treasury Department with 
     the flexibility it needs to do its job more effectively.


                treasury's limited debt management tools

       The Treasury relies on three basic debt management tools to 
     reduce the debt held by the public in a controlled manner.
     Issuing less debt
       As old debt matures and is redeemed, the Treasury 
     Department issues a slightly smaller amount of new debt in 
     return, thereby reducing the total debt held by the public. 
     This is the federal government's most cost-effective and 
     preferred method of debt reduction. However, it is not a 
     simple process to determine how much new debt should be 
     issued. If the Treasury Department returns too much debt to 
     the financial market, it misses an opportunity to retire 
     additional debt. If it returns too little to the markets, the 
     cost of federal debt instruments will rise, driving down 
     their yields and disrupting many private-sector retirement 
     plans.
     Reverse auctions
       The Treasury Department periodically conducts reverse 
     auctions in which it announces that it will buy a 
     predetermined amount of specific types of debt instruments 
     from whoever will sell them for the best price. This method 
     quickly reduces debt held by the public, but it can be 
     expensive. Investors holding a T-bill that will be worth 
     $1,000 in 20 years may be willing to sell it for $995 if they 
     need the money now and believe that is the best price they 
     can get. However, if they know the Treasury Department has 
     made a commitment to buy a large number of T-bills in a short 
     period of time, investors may hold out for $997--a premium of 
     $2 million on every $1 billion of debt the Treasury 
     Department retires.
     Purchasing debt instruments
       The Treasury Department can use private-sector brokers to 
     purchase federal debt instruments on the open market without 
     having it revealed that the client is the federal government. 
     This method is slow, but it allows the Treasury Department to 
     take advantage of unpredictable fluctuations in financial 
     markets to buy back federal debt instruments for the best 
     possible price. This method must be used carefully and 
     discreetly to avoid having investors, upon realizing that the 
     true buyer is the federal government, hold out for higher 
     prices.\1\


                why timing and flexibility are important

       The Treasury Department needs time and flexibility to use 
     debt management tools effectively. It often will need to 
     allow large balances to accumulate in the operating cash 
     accounts while it waits for the opportunity to buy back 
     federal debt instruments at the

[[Page 10416]]

     best possible price. If these balances are unprotected, they 
     may prove irresistible temptations for appropriators with 
     special-interest constituencies.
       A prudent Secretary of the Treasury would not risk 
     disrupting financial markets by recklessly reducing the 
     amount of new debt issued each year, but might increase the 
     number and size of reverse auctions to ensure that surplus 
     revenues are used for debt reduction rather than remain 
     available to congressional appropriators. The taxpayers 
     would, at best, pay more than necessary to retire the federal 
     debt, and they might find that appropriators have spent the 
     surplus before it could be used to pay down debt


                    making debt reduction automatic

       Fortunately, Congress has the opportunity to ensure that 
     the Treasury's large cash balances are not misused in the 
     appropriations process. The U.S. House of Representatives 
     will soon consider H.R. 4601, the Debt Reduction 
     Reconciliation Act of 2000, recently approved by the House 
     Ways and Means Committee. This legislation, sponsored by 
     Representative Ernest Fletcher (R-KY), is designed to give 
     the Treasury Department the time and flexibility it needs to 
     use debt management tools most effectively. It would protect 
     the on-budget surplus revenues collected during the remainder 
     of fiscal year (FY) 2000 and appropriate them for debt 
     reduction by depositing them in a designated ``off budget'' 
     Public Debt Reduction Account.
       Although the surplus revenues could still cause an increase 
     in cash balances, the cash would be dedicated in the Debt 
     Reduction Account rather than in the Treasury Department's 
     operating cash account. Appropriators would be able to 
     reallocate these funds only by first rescinding the 
     appropriation for debt reduction in legislation that would 
     have to pass both houses of Congress and gain presidential 
     approval. Once surplus revenues are deposited in the Debt 
     Reduction Account, appropriators would have very limited 
     ability to increase spending without creating an on-budget 
     deficit, which many taxpayers would perceive as a raid on the 
     Social Security trust fund.
       H.R. 4601 would effectively protect the surplus revenues 
     that are collected during the remainder of FY 2000; moreover, 
     it serves as model for how Congress should allocate 
     unexpected windfalls in the future. It does not preclude tax 
     reform because it is limited to the current fiscal year and 
     therefore affects only revenues that have already been 
     collected or that will be collected before any tax reform 
     legislation takes effect. Nevertheless, once the Debt 
     Reduction Account is established, Congress could continue to 
     appropriate funds to the account at any time. Consequently, 
     Congress would retain the option to reduce revenues through 
     tax reform and still have a mechanism to prevent unexpected 
     surplus revenues, once collected, from being used for any 
     purpose other than the debt reduction.
       H.R. 4601 would give the Treasury flexibility to use its 
     debt reduction tools in the most effective manner. Surplus 
     revenues deposited in the Debt Reduction Account would remain 
     available until expended, but only for debt reduction. The 
     department would be able to schedule reverse auctions at the 
     most advantageous times, make funds available to brokers 
     buying back debt on the open markets, or decrease the size of 
     new debt issues--depending on which mechanism, or combination 
     of tools, proves most cost effective.


                        how to improve h.r. 4601

       Although H.R. 4601 demonstrates a real commitment of 
     members of the House to fiscal discipline, the legislation 
     could be improved. Congress should consider requiring the 
     Secretary of the Treasury also to deposit all revenue 
     received from the sale of Special Issue Treasury Bills (which 
     are sold only to the Social Security Administration) in the 
     Debt Reduction Account. This would preclude the possibility 
     of any future raids on the Social Security trust fund.
       Congress should also consider adding language to H.R. 4601 
     to automatically appropriate future real (rather than 
     projected) surplus revenues to the Debt Reduction Account. 
     This would allow Congress the flexibility to implement tax 
     reforms while also guaranteeing that surplus revenues, once 
     collected, could be used only for debt reduction.


                               conclusion

       Many Americans assume that if surplus revenues are not used 
     for spending or tax cuts, they automatically reduce the 
     national debt. Indeed, this has become an unstated premise in 
     discussions of fiscal policy, whether in the press, academia, 
     or Congress. Unfortunately, the premise is incorrect.
       To make the premise true, the Treasury Department should be 
     able to make specific provisions for retiring debt. If it is 
     not given the power and obligation to do so, the surplus 
     revenues accumulating in its operating cash accounts will be 
     subject to misuse by appropriators. Congress has an 
     opportunity and obligation to give the Treasury Department 
     the time and flexibility it needs to utilize its debt 
     management tools effectively when it considers H.R. 4601. 
     This bill offers an effective first step toward the goal of 
     making sure that budget surpluses do not disappear in new 
     spending programs.


                       What Is the National Debt?

       The national debt consists of Treasury notes, T-bills, and 
     savings bonds that were sold to raise cash to pay the ongoing 
     operational expenses of the federal government. National debt 
     held by the public consists of debt instruments sold to 
     anyone other than a federal trust fund, such as the Social 
     Security trust fund. Most federal debt held by the public is 
     owned by state and local governments, pension plans, mutual 
     funds, and individual retirement portfolios.
       Most investors consider federal debt instruments to be cash 
     equivalents that pay interest, and they are strongly 
     motivated to hold them until maturity--up to 30 years in the 
     case of T-bills. Many institutional investors, particularly 
     pension funds, are required to maintain a certain portion of 
     their portfolio in cash equivalents, and they depend on the 
     federal government to issue new debt when their old 
     investments mature and are redeemed. In addition, many 
     lenders, particularly mortgage companies, use the market 
     price of federal debt instruments as a measurement device to 
     determine appropriate rates of return on alternative 
     investments. These lenders rely on the federal government to 
     maintain enough federal debt in circulation to make this 
     measurement valid.

                                APPENDIX

                                      U.S. TREASURY OPERATING CASH AND TOTAL PUBLIC DEBT: OCTOBER 1997--APRIL 2000
                                                                [In millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                               Total           Total
                                                             Treasury        Treasury                     borrowing from  borrowing from
                          Date                               operating       operating        Change        the public:     the public:       Change
                                                           cash: opening   cash: closing                      opening         closing
                                                              balance         balance                         balance         balance
--------------------------------------------------------------------------------------------------------------------------------------------------------
1997:
  October...............................................          43,621          20,261         -23,360       3,771,141       3,777,456           6,315
  November..............................................          20,261          19,778            -483       3,777,456       3,806,564          29,108
  December..............................................          19,978          31,885          12,107       3,806,564       3,804,792          -1,772
1998:
  January...............................................          31,885          40,307           8,422       3,804,792       3,779,985         -24,807
  February..............................................          40,307          16,280         -24,027       3,779,985       3,810,549          30,564
  March.................................................          16,280          27,632          11,352       3,810,549       3,830,686          20,137
  April.................................................          27,632          88,030          60,398       3,830,686       3,770,099         -60,587
  May...................................................          88,030          36,131         -51,899       3,770,099       3,761,503          -8,596
  June..................................................          36,131          72,275          36,144       3,761,503       3,748,885         -12,618
  July..................................................          72,275          36,065         -36,210       3,748,885       3,732,515         -16,370
  August................................................          36,065          36,427             362       3,732,515       3,766,504          33,989
  September.............................................          36,427          37,878           1,451       3,766,504       3,720,092         -46,412
  October...............................................          38,878          36,217          -2,661       3,720,092       3,735,422          15,330
  November..............................................          36,217          15,882         -20,335       3,735,194       3,757,558          22,364
  December..............................................          15,882          17,503           1,621       3,757,558       3,752,168          -5,390
1999:
  January...............................................          17,503          57,070          39,567       3,752,168       3,720,919         -31,249
  February..............................................          57,070           4,638         -52,432       3,720,919       3,722,607           1,688
  March.................................................           4,638          21,626          16,988       3,722,611       3,759,624          37,013
  April.................................................          21,626          58,138          36,512       3,759,624       3,674,416         -85,208
  May...................................................          58,138          25,643         -32,495       3,674,416       3,673,865            -551
  June..................................................          25,643          53,102          27,459       3,673,865       3,651,619         -22,246
  July..................................................          53,102          39,549         -13,553       3,651,619       3,652,812           1,193
  August................................................          39,549          36,389          -3,160       3,652,812       3,679,282          26,470
  September.............................................          36,389          56,458          20,069       3,681,008       3,633,290         -47,718
  October...............................................          56,458          47,567          -8,891       3,632,958       3,638,712           5,754

[[Page 10417]]

 
  November..............................................          47,567           6,079         -41,488       3,639,079       3,645,212           6,133
  December..............................................           6,079          83,327          77,248       3,645,212       3,680,961          35,749
2000:
  January...............................................          83,327          62,735         -20,592       3,680,961       3,596,976         -83,985
  February..............................................          62,735          21,962         -40,773       3,596,570       3,613,071          17,131
  March.................................................          21,962          44,770          22,808       3,653,701       3,653,447          39,746
  April.................................................          44,770          92,557          47,787       3,653,447       3,540,781        -112,666
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: U.S. Department of the Treasury.

                                 Endnote

       1. There is no way to know whether this particular debt 
     management tool is being used by the Treasury Department at 
     the time. If such knowledge were available, it would 
     demonstrate a lack of discretion that would make this tool 
     ineffective.

  Mr. ALLARD. Mr. President, I think Senator Voinovich is going to be 
on the floor shortly. I would like to be briefed on what our time 
restraints are. How much time do we have on the amendment?
  The PRESIDING OFFICER. There is no time limitation. We have the usual 
unanimous consent agreement to recess at 12:30 for the policy 
luncheons.
  Mr. ALLARD. Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Ohio is recognized.
  Mr. VOINOVICH. Mr. President, I am pleased to join my colleague, 
Senator Allard, in offering this amendment. It is an important 
amendment if we are ever going to make a dent in our tremendous 
national debt.
  Like all of my colleagues, I am thrilled that the United States is in 
the midst of the greatest economic expansion in the history of our 
nation. It has provided opportunity and prosperity for millions of 
Americans.
  However, even with all of our good fortune, we cannot ignore the 
tremendous debt that we owe, and we certainly cannot allow the booming 
economy to blind us to this reality.
  For nearly a year and a half now, Mr. President--throughout my 
service in this body--I have made it my mission to remind my colleagues 
of the size of our national debt. Right now, the debt of the United 
States of America stands at $5.7 trillion. Right now, it costs us more 
than $224 billion a year to service that debt--which is more than $600 
million a day in interest costs alone.
  Thirteen cents out of every Federal dollar goes to pay interest on 
the national debt, at a time when 16 cents goes for national defense, 
18 cents goes for nondefense discretionary spending and 53 cents goes 
for entitlement spending. We currently spend more on interest to the 
national debt than we spend on Medicare.
  I agree with General Accounting Office (GAO) Comptroller General 
David Walker, who, in testimony before the House Ways and Means 
Committee last year, said:

       This generation has a stewardship responsibility to future 
     generations to reduce the debt burden they inherit, to 
     provide a strong foundation for future economic growth, and 
     to ensure that future commitments are both adequate and 
     affordable. Prudence requires making the tough choices today 
     while the economy is healthy and the workforce is relatively 
     large--before we are hit by the baby boom's demographic tidal 
     wave.

  That is a wonderful quote.
  We should also listen to other experts, such as CBO Director Dan 
Crippen, who, earlier this year, testified before the Senate Budget 
Committee that ``most economists agree that saving the surpluses, 
paying down the debt held by the public, is probably the best thing 
that we can do relative to the economy.''
  And then there is Federal Reserve Chairman Alan Greenspan, who has 
testified that ``my first priority would be to allow as much of the 
surplus to flow through into a reduction in debt to the public. From an 
economic point of view, that would be, by far, the best means of 
employing it.''
  Logic dictates that the money we are spending for our debt interest 
payments could be better spent elsewhere, and in my view--as well as 
the experts' view--the sooner we can pay down that debt, the sooner we 
will be able to use tax dollars where they are most needed.
  In other words, if we pay down the debt and get rid of the interest, 
we can use that money to reduce taxes or to address some of the 
priorities that we continue to talk about every day on the floor of the 
Senate.
  That is why I believe our top fiscal priority should be reducing the 
national debt. It is the best thing we could do with our on-budget 
surplus. And as I have said a number of times on the Senate floor, if 
families and businesses use their surplus cash to pay off debts, then 
our Nation should do the same thing.
  If I have big credit card debt, or if I am in business and I owe 
debt, and I have an opportunity to pay off that debt, most families and 
most businesses would do so.
  It is also interesting to note that if you look at the companies 
today on the New York stock exchange, the ones whose values have held 
up are those companies that do not have a substantial amount of debt. I 
think we know that if families in America were in the same position we 
are in, they would pay off that debt and get rid of that interest cost.
  The amendment that Senator Allard and I propose would take the first 
step in putting us on a course of fiscal responsibility.
  According to the latest estimates put forth by the Congressional 
Budget Office (CBO), the United States is projected to achieve an on-
budget surplus of $26 billion in fiscal year 2000.
  We are talking about fiscal year 2000 money. For my colleagues who 
want to cut taxes, we are talking about the on-budget surplus for the 
year 2000. We can't use it to reduce taxes. The only thing we can do 
with it is to spend it or use it to pay down the debt. There is no 
other alternative. We have already set aside $14 billion in the budget 
resolution to pay for military operations in Kosovo, natural disaster 
relief in the U.S., Colombian drug eradication assistance, and other 
supplemental spending.
  Under the Allard-Voinovich amendment, the remaining $12 billion on-
budget surplus would be applied towards debt reduction, not more 
spending. In addition, when the CBO releases its re-estimates of the FY 
2000 on-budget surplus in July, Senator Allard and I intend to offer 
another amendment that will allocate any additional on-budget surpluses 
to debt reduction.
  I remind my colleagues that this money can't be used to reduce taxes. 
It can only be spent. We want to get it off the table before it is 
spent.
  Of the $26 billion on-budget surplus that we have today, $22 billion 
of that is overpayment into Part A of Medicare. This extra money we 
have is Medicare money that has been paid into Part A.
  The concern that I have is if we don't pay down the national debt 
with whatever on-budget surplus we achieve, Washington will spend the 
money. Ever since the CBO first projected we would have a budget 
surplus back in 1998, Congress and the administration have looked for 
every possible way to spend the money.

[[Page 10418]]

  I remind my colleagues, if you include the supplemental 
appropriations, fiscal year 2000 discretionary spending will increase 
by $37 billion, a 6.4 percent increase over fiscal year 1999. When 
compared to the Consumer Price Index, that is nearly three times the 
rate of inflation. This is tremendous growth in Government spending. We 
have to stop it. We have to put a lid on our spending.
  Our amendment strikes a fair balance that allows us to use a portion 
of the on-budget surplus for debt reduction instead of just spending 
the entire on-budget surplus for the sake of spending. We have to show 
discipline and use our on-budget surplus to pay down our debts.
  I am proud we have worked in the last couple of years in the Senate 
to rein in spending. I believe we must use whatever on-budget surplus 
that we have to pay down the debt. When we reduce the national debt, we 
send a positive signal to Wall Street and Main Street. Lowering the 
debt encourages more savings and investment, the kind that fuels 
productivity and continued economic growth. It also lowers interest 
rates, which is a real tax reduction. In addition, it ensures we won't 
return to deficit spending.
  If we can't at this time with the economy booming do something about 
reducing the national debt, we will have missed a golden opportunity. 
We will have said to the young people of this country: We don't care 
about your future; we are going to let you pay for those things that we 
weren't willing to pay for or do without during the last number of 
years.
  Mr. ALLARD. Will the Senator yield?
  Mr. VOINOVICH. I yield.
  Mr. ALLARD. I compliment the Senator from Ohio for his hard work on 
this particular issue. It is a pleasure to work with the Senator on 
looking at fair alternatives to pay down the debt. This is important to 
future Americans.
  People ask, how will it affect me personally? If you buy a new car, 
the Government is not competing with you for that money; or if you go 
to pay for college education, the Government is not competing with you 
for that money; if you buy a home, the Government is not competing with 
you for that money. It tends to hold down interest rates. That means it 
costs less. It costs less to get a college education, costs less to pay 
for your home, and it costs less to buy a new car.
  It is important not only to the security of this country, but to 
Americans individually.
  I thank Senator Voinovich from Ohio for his steadfastness in fighting 
this issue. It has been a pleasure to work with him and the other 
cosponsors on this amendment.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Mr. President, this bill becomes effective on October 1 
of this year. I am pleased to accept the amendment. It will affect the 
budget surplus that is in effect at that time.
  We accept the amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 3346) was agreed to.
  Mr. STEVENS. I move to reconsider the vote.
  Mr. ALLARD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. STEVENS. 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. ASHCROFT. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    Amendment No. 3304, As Modified

(Purpose: To set aside $43,000,000 for research, development, test and 
  evaluation for the extended range conventional air-launched cruise 
                   missile program of the Air Force)

  Mr. ASHCROFT. Mr. President, I call amendment No. 3304 and send a 
modification to the desk that I believe has been cleared by both sides, 
and I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Missouri [Mr. Ashcroft], for himself and 
     Mr. Bond, Mr. Conrad, Mr. Breaux, and Ms. Landrieu, proposes 
     an amendment numbered 3304, as modified.

  Mr. ASHCROFT. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 109 of the substitute, between lines 11 and 12, 
     insert the following:
       Sec. 8126. Of the total amount appropriated by this Act for 
     the Air Force for research, development, test and evaluation, 
     up to $43,000,000 may be made available for the extended 
     range conventional air-launched cruise missile program of the 
     Air Force.

  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Mr. President, this is one of the amendments we have 
indicated, under the authority we received yesterday, Senator Inouye 
and I have modified, and, as modified, we are prepared to agree with 
the Senator and ask for him to proceed on that basis.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. ASHCROFT. Mr. President, I thank the chairman for his continuing 
support for this amendment and his continuing support for our national 
defense. I also thank my cosponsors, Senators Bond, Conrad, Landrieu, 
and Breaux.
  This amendment will provide an additional $23 million, bringing the 
total to $43 million, for the development of an extended-range cruise 
missile, which is the successor to what is known as the CALCM, the 
Conventional Air-Launched Cruise Missile.
  The Defense authorization bill contains $86.1 million for this 
project. This amendment increases the appropriation to half of the 
authorized amount. According to the Air Force and their officials, this 
new total, $43 million, is needed to start this program.
  This cruise missile will be launched from the B-52 bomber to 
accurately strike strategic targets deep inside enemy territory without 
significant risk to our pilots or our planes. It will provide the Air 
Force its only air-launched, long-range, all-weather, precision weapon 
with a range of over 600 miles. I believe this amendment has been 
approved by both sides, and I thank the chairman and ranking member for 
their support.
  It is important we have this kind of capacity. We have found that our 
ability to have precision capacity for striking the enemy is very 
important to the maintenance of our own independence and the protection 
of our own fighting individuals in our Armed Forces. I am grateful for 
the cooperation in this respect, and I yield the floor.
  Mr. CONRAD. Mr. President, I am pleased to rise today to offer with 
my colleague from Missouri, Senator Ashcroft, an amendment which 
increases the appropriation for a new, more advanced cruise missile for 
the B-52 from $20 million to $43 million.
  As my colleagues are aware, the B-52 is the sole carrier of the 
Conventional Air Launched Cruise Missile [CALCM], a conventional 
variant of the nuclear-capable Air Launched Cruise Missile [ALCM]. Our 
nation has relied on the CALCM in all recent conflicts and it has 
become the weapon of choice for theater commanders. The CALCM offers 
range, payload, and accuracy that are superior to any other 
conventional stand-off munition in service today, including the Navy's 
Tomahawk.
  A year ago, as Operation Allied Force was underway, we had a 
tremendous problem. The United States had expended more than 200 CALCMs 
against Iraq and Yugoslavia and we had less than 100 remaining.
  I asked the Pentagon what they were going to do about this situation 
and they recommended that we convert the remaining, ALCMs not needed by 
the United States Strategic Command for nuclear missions to CALCMs. I 
was pleased to work with the Air Force and the defense committees to 
secure funding to do just that. Today, the remaining unneeded 322 ALCMs 
are being converted to CALCMs.
  However, conversion will only give us around 400 CALCMs, and to meet 
future threats our nation will require

[[Page 10419]]

around 1,000 of these missiles. In May 1999 I was informed that there 
was no plan to make up the shortfall.
  I went to Senators Warner and Levin, the chairman and ranking member 
of the Armed Services Committee, and asked them to adopt my amendment 
requiring the administration to come up with a plan to replace the 
CALCM. That amendment passed on May 27, 1999, and I was pleased to have 
my friend from Missouri, Senator Ashcroft, as an original cosponsor.
  The result of the Air Force's study was inclusion in General Ryan's 
unfunded priority list of $86.1 million in fiscal year 2001 and $689.7 
million throughout the future years defense plan for research and 
development and production of more than 600 extended range cruise 
missiles (ERCMs), also referred to as extended range CALCMs (CALCM-
ERs). The ERCM will offer all of the advantages of the CALCM and 
dramatically extend its range, to beyond 1,000 miles.
  I am pleased that both the Senate and House Defense authorization 
bills fully support General Ryan's request for $86.1 million in Fy01. 
However, the Senate Defense appropriations bill provides only $20 
million and the House Defense appropriations bill includes no funding.
  Consequently, I am very pleased that the chairman of the 
Appropriations Committee, Senator Stevens, and the ranking member of 
the Defense Subcommittee, Senator Inouye, have agreed to support the 
amendment that Senator Ashcroft and I have brought to the floor today. 
This amendment will increase the ERCM appropriation to $43 million, 
enough for the Air Force to begin work on this important program during 
the coming fiscal year.
  A quick start to ERCM program will ensure that the B-52 remains 
relevant and our nation retains the capability to strike vital targets 
with tremendous accuracy at long range in the coming years. I 
appreciate the cosponsorship of Senators Bond and Breaux and look 
forward to continuing to work with Senator Ashcroft, the Senate's 
defense committees, and the Air Force to make the ERCM a reality.
  I thank the chairman and ranking member again for their support, and 
yield the floor.
  THE PRESIDING OFFICER. If there be no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 3304), as modified, was agreed to.
  Mr. INOUYE. Mr. President, I move to reconsider the vote.
  Mr. ASHCROFT. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. STEVENS. 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. INOUYE. 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. INOUYE. Mr. President, section 8118 of H.R. 4576, a bill making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2001, and for other purposes, refers to the National 
Center for the Preservation of Democracy. What is the National Center 
for the Preservation of Democracy? What is the rationale and purpose of 
the National Center for the Preservation of Democracy?
  I will do my best to respond to the above questions.
  The history of America demonstrates the vision and intent of its 
Founding Fathers when framing the Constitution. As a living document 
the Constitution has proven over time its capacity to meet the changing 
needs of the United States, ensuring the protection of all of its 
people. The story of Americans of Japanese ancestry represents a 
complete lesson of democracy in action and exemplifies the American 
dream. From immigration in the late 1800s, to issues of citizenship in 
the early 1900s, to the incarceration of citizens and the heroics of 
Japanese-American soldiers during World War II, and to redress in the 
1980s, the Japanese-American story is about the struggles and victories 
of individual freedoms in the United States. Through their experiences, 
Japanese-Americans have validated all that is possible and all that is 
right with our constitutional guarantees. The Japanese-American story 
celebrates the triumphs of American democracy.
  The National Center for the Preservation of Democracy will be 
headquartered in the renovated and transformed Historic Building of the 
Japanese-American National Museum in Los Angeles, CA. The Historic 
Building is a National Historic Landmark as designated by the National 
Trust for Historic Preservation. This space will keep alive and teach 
about a remarkable time in U.S. history, a period of shame and 
sacrifice and insult that ended with a burst of glory demonstrating the 
majesty of our government to recognize its errors and make a public 
apology and some restitution.
  The Japanese-American story illustrates the splendor of the United 
States and the magnificence of the Constitution. Since their initial 
immigration in the late nineteenth century, Japanese-Americans have 
believed strongly in the American dream and have sought to make America 
their home. Although confronted by prejudice and discrimination, 
Japanese-Americans have utilized that very democratic process in the 
spirit intended by the Framers of the Constitution. The story of 
Japanese-Americans is about democracy in action.
  Like other immigrants, Japanese journeyed to the United States 
seeking opportunity and dreams of a better life. From the moment they 
arrived in the late nineteenth century, however, they were confronted 
with social prejudice and discriminatory laws already in place. The 
Naturalization Act passed by Congress on March 26, 1790, which 
restricted naturalization to ``free white men,'' was unavailable to 
persons of Japanese ancestry. Designated as ``aliens ineligible for 
citizenship'' (the only racialized group so defined until 1952), 
Japanese immigrants were rendered as perpetual aliens, a condition that 
prevented their full enjoyment of life, liberty and property. 
Nonetheless, the Issei--Japanese immigrants--courageously maintained 
their belief in America and moved forward to establish their new lives 
in the United States. More than that, through hard work and 
perseverance, Japanese enterprise prospered in the face of 
indifference.
  Without citizenship, Japanese immigrants were subject to alien land 
laws, which prohibited ownership of land by ``aliens ineligible for 
citizenship.'' Although denied full participation as Americans, 
Japanese immigrants consistently sought, through non-violent legal 
efforts, to undo the intent of discriminatory laws through public 
campaigns, litigation, and other peaceful strategies. Their hopes in 
becoming citizens were further hindered, however, when on November 13, 
1922 the U.S. Supreme Court ruled on the Ozawa case, definitively 
prohibiting Japanese immigrants from become naturalized citizens on the 
basis of race. Moreover, the future of the Japanese in the United 
States was further restricted when President Calvin Coolidge signed the 
Immigration Law of 1924, which was based on race and omitted Japanese 
from the quota system.
  When Japan bombed Pearl Harbor on December 7, 1941, America was 
stunned and angered. For Japanese Americans, who had been subject to 
discrimination because of their ancestry, the whole world turned dark. 
However, as the United States confronted the threat of fascism in Asia 
and Europe, American democracy itself was put to a challenge and, for 
Japanese Americans, it fell short. Because they ``looked like the 
enemy'' and were thought to be a military threat, 120,000 individuals 
of Japanese ancestry, two-thirds of whom were American born citizens, 
were excluded from the West Coast, forcibly removed, and incarcerated 
in concentration camps. These prison camps were at first operated by 
the Army, and then the War Relocation Authority. This event has become 
the largest violation of constitutional rights in American history.
  For Japanese-American males, the beginning of the war was especially

[[Page 10420]]

humbling and painful as the Selective Service designated them as, IV-C, 
enemy aliens. Although they were loyal to the United States, these 
American born citizens were rendered ineligible to enlist in the armed 
services. Nonetheless, when the government announced the formation of 
the 442nd Regimental Combat Team, a segregated unit of Japanese-
Americans, thousands of young Japanese-American men enthusiastically 
volunteered to serve. Stigmatized by the classification as enemy 
aliens, they were eager to prove their loyalty to the United States. 
Government officials were surprised by the overwhelming response. While 
family and friends were incarcerated behind barbed wire, the soldiers 
of the 100th Infantry Battalion and the 442nd Regimental Combat Team, 
as well as the Military Intelligence Service fought and died for the 
United States and for the preservation of democracy with no guarantee 
that their civil rights would be restored. There service demonstrates 
the ultimate in patriotism and love of country.
  In 223 days of combat, the 100th Infantry Battalion and 442nd 
Regimental Combat Team became one of the most decorated units in United 
States military history. Among the many awards and decorations received 
by the men of the 100th Infantry Battalion and the 442nd Regimental 
Combat Team are 20 Congressional Medals of Honor, 354 Silver Star 
Medals, 33 Distinguished Service Crosses and over 3600 Purple Heart 
Medals. Their distinguished record includes the rescue of the ``Lost 
Battalion'' and participation in the assault that cracked the Gothic 
Line of Nazi strongholds. Affirming the unending truth that loyalty to 
one's nation is not modified by racial origin, these soldiers fought 
two wars, one for democracy overseas and the other for racial 
discrimination back home in the United States. As President Harry 
Truman said, ``You fought not only the enemy but you fought prejudice--
and you have won.'' Indeed, these brave and courageous young men 
believed that their sacrifices would make life better not only for 
Japanese-Americans but for all Americans. The privileges of democracy 
that Americans enjoy today are the result of the blood shed by these 
American heroes. The sacrifices of officers and men of the 442nd 
Regimental Combat Team, the 100th Infantry Battalion, the Military 
Intelligence Service, and others have helped to make America a more 
democratic nation, and their valiant service continues to be a source 
of pride for all Americans.
  In response to their heroic achievements, President Harry Truman 
challenged ``Keep up the fight and we will continue to win and to 
assure that this republic stands for what the Constitution says it 
stands for: the welfare of all of the people, all of the time.'' Many 
members of the 442nd Regimental Combat Team took President Truman's 
words to heart. Several soldiers went on to fight for democracy through 
their service as elected officials while others continued to serve in 
the armed forces. Eventually Japanese-Americans went on to fight in the 
Korean War and later the Vietnam War. Unlike Japanese-American soldiers 
during World War II who, after being designated as ``enemy aliens,'' 
served to prove their loyalty, Japanese-American soldiers in the Korean 
war and the Vietnam war served in the Armed Forces as Americans, full-
fledged citizens of the United States. Without the need to prove their 
status as Americans, the reason for these courageous men to serve was 
purely for the love of country.
  Inevitably, the impact of the heroic service of Japanese-American 
soldiers during World War II went on to enhance the civil liberties of 
all Americans. In 1948, segregation in the armed services ended in 
large part from the efforts of the 442nd and in 1952 the Walter-
McCarran Act made all races eligible for naturalization and eliminated 
race as a bar to immigration. Thus, Japanese immigrants, many of whom 
were parents of World War II veterans, were able to finally attain 
their citizenship as Americans.
  One of the more magnificent examples of American democracy at its 
most powerful form is the passage of the Civil Liberties Act of 1988, 
signed into law by President Ronald Reagan, in which the United States 
recognized its grave and fundamental injustice of violating the civil 
liberties of its own citizens. Advanced by many Japanese-American war 
veterans, the law makes a formal apology and provides token restitution 
to former internees. No other country in the world can make the claim 
of acknowledging and apologizing for its mistakes--a point that further 
illustrates the grand majesty of the United States. More importantly, 
to demonstrate its commitment of assuring that similar events do not 
happen, the Civil Liberties Act of 1988 provided funds to educate all 
Americans about the lessons from the incarceration.
  While $50 million was authorized in the Civil Liberties Act of 1988 
for educational purposes, the appropriations were significantly reduced 
because of the lack of funds available to pay the eligible individual 
claimants. The Civil Liberties Public Education Fund received only $5 
million to fulfill its congressional mandate to educate the public 
about the lessons learned from the incarceration. With limited funding, 
the education of the exclusion, forced removal, and incarceration of 
Japanese-Americans during World War II was dramatically compromised and 
the government's commitment to educating the public has yet to be 
effectively fulfilled. The National Center for the Preservation of 
Democracy established in the Historic Building of the Japanese-American 
National Museum will achieve that objective.
  Through their efforts since the late 19th century, Japanese-Americans 
have secured the civil rights of all Americans, contributing to the 
most basic tenets of America's foundational ideals and promises--of 
life, liberty, and property. Although clearly denied many of those 
freedoms at various times throughout history, Japanese-Americans 
consistently sought, through non-violent legal efforts, to secure 
Constitutional guarantees and the promise of the American dream. With 
that, they deepened and enriched the meaning of the American identity--
the notion of who is an American--and the rights, privileges, and 
obligations that comprise the Republic's very core.
  The National Center for the Preservation of Democracy will be 
assisted by the Japanese-American National Museum in the examination of 
the rights and freedoms of Americans in the United States through the 
Japanese-American experience. Because its mission is dedicated to the 
study, preservation, and interpretation of democratic issues, the 
National Museum maintains extensive expertise that will enable the 
National Center for the Preservation of Democracy to:
  Develop and exhibit nationwide programs about the issues of 
democracy;
  Have ready access to significant collections relating to these 
issues, especially the legacy of Japanese-American military service, 
including artifacts of the 442nd Regimental Combat Team and other 
military units;
  Benefit from the relationships established and maintained by the 
National Museum, especially with federal institutions and related 
community organizations; and
  Provide a dynamic visitor experience in a historic building.
  The National Center for the Preservation of Democracy will be created 
as a dedicated space where visitors can learn about the enduring 
fragility and ultimate success of individual and constitutional rights. 
The headquarters will be established in a renovated and transformed 
historic building provided by the Japanese American National Museum.
  Some of the historical highlights of the building, which was 
constructed in 1925, include:
  Served as the first Buddhist temple in Southern California and as a 
center for social and religious life for the immigrant community;
  Site where priests, who lived in the building, were arrested without 
due cause immediately following the bombing of Pearl Harbor;
  Used as one of the sites where the Army instructed ``aliens and non-
aliens of Japanese ancestry to assemble for

[[Page 10421]]

transportation to Santa Anita Racetrack, which had been transformed 
into an Assembly Center;
  Served as a storage site for personal articles that could not be 
taken by those forced to leave; and
  Served as a hostel for many returning from camp and had no where to 
go.
  The National Center for the Preservation of Democracy will provide 
educational programming that includes exhibitions, media arts 
presentations, public programs, conferences, and civic dialogue/public 
forums. The National Center for the Preservation of Democracy will:
  Present a permanent, audience-focused exhibition addressing American 
democracy through the Japanese-American experience, including the 
military service of Japanese-Americans (in World War I, World War II, 
the Korean war, and the Vietnam war);
  Maintain and pursue key civil and military materials for a 
comprehensive collection;
  Create and esttablish new opportunities for civil and military 
research, especially through collaboration with federal institutions 
such as the National Archives and the Smithsonian Institution to make 
documents more accessible;
  Conduct education and public programs examining democracy in action; 
and
  Produce educational media arts productions that present and interpret 
related issues of democracy for broad national and international 
broadcast and distribution as well as for on-site exhibitions.
  I respectfully believe that the National Center for the Preservation 
of Democracy is most worthy of our support.
  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. 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. 3175, as modified, 3284, as modified, 3288, 3289, 3291 
 as modified, 3298, 3299, 3300, as modified, 3301, as modified, 3305, 
  3312, 3314, as modified, 3315, as modified, 3316, 3321, 3323, 3324, 
  3325, 3326, 3329, 3331, 3332, as modified, 3334, 3335, as modified, 
  3336, as modified, 3337, 3338, 3339, as modified, 3342, 3343, 3344, 
        3352, 3357, as modified, and 3293, as modified, en bloc

  Mr. STEVENS. Mr. President, I am now prepared to present the first 
managers' package that we worked out with my good friend from Hawaii. 
These amendments have now been cleared in a modified form, or in the 
original form. But I call attention of the Chair to the numbers of the 
amendments that are included in our package.
  It is: 3175 by Senator Collins; 3284 by Senator Bingaman; 3288 and 
3289 by Senator Shelby; 3291 by Senator Kyl; 3298 and 3299 by Senator 
Helms; 3300 and 3301 by Senator Robb; 3305 by Senator Abraham; 3312 by 
Senator Leahy; 3314, 3315, and 3316 by Senator Kennedy; 3321 by myself; 
3323 by Senator Roberts; 3324 and 3325 by Senator Snowe; 3326 by 
Senator Landrieu; 3329 by Senator Gregg; 3331 and 3332 by Senator 
Feinstein; 3334 and 3335 by Senator Warner; 3336 and 3337 by Senator 
Nickles; 3338 by Senator Allard; 3339 by Senator Coverdell; 3342 by 
Senator Bingaman; 3343 and 3344 by Senator Inhofe; 3352 by Senator 
Roth; 3357 by Senator Roberts; 3293, as modified, by Senator Landrieu.
  I send a modification to the desk of the last item, amendment No. 
3293, which I just mentioned, of Senator Landrieu.
  Mr. President, I believe all of those amendments are before the desk. 
To the extent they be modified, they have been agreed to by Senator 
Inouye and myself pursuant to the unanimous consent agreement last 
night.
  I ask unanimous consent that these amendments be considered en bloc.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. STEVENS. I ask unanimous consent that they be agreed to en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 3175, 3284, 3288, 3289, 3291, 3298, 3299, 3300, 
3301, 3305, 3312, 3314, 3315, 3316, 3321, 3323, 3324, 3325, 3326, 3329, 
3331, 3332, 3334, 3335, 3336, 3337, 3338, 3339, 3342, 3343, 3344, 3352, 
3357, 3293, and 3293, as modified) were agreed to, as follows:


                    AMENDMENT NO. 3175, AS MODIFIED

 (Purpose: To provide for the continued design and analysis under the 
   reentry systems applications program for the advanced technology 
                                vehicle)

       At the appropriate place in the bill, insert the following 
     new section:
       Sec.   . Of the funds made available in Title IV of this 
     Act under the heading ``Research, Development, Test and 
     Evaluation, Navy'', up to $2,000,000 may be made available 
     for continued design and analysis under the reentry systems 
     applications program for the advanced technology vehicle.
                                  ____



                    AMENDMENT NO. 3284, AS MODIFIED

 (Purpose: A substitute to amendment No. 3284, offered by Mr. Bingaman 
that provides for the conversion of the configuration of certain AGM-65 
                           Maverick missiles)

       At the appropriate place in the bill, insert the following 
     new section.
       Sec.   . Of the funds made available in Title III of this 
     Act under the heading ``Missile Procurement, Air Force'', up 
     to $5,000,000 may be made available for the conversion of 
     Maverick missiles in the AGM-65B and AGM-65G configurations 
     to Maverick missiles in the AGM-65H and AGM-65K 
     configurations.
                                  ____



                           AMENDMENT NO. 3288

        (Purpose: To increase funding for carrier modifications)

       At the appropriate place in the bill, insert the following:
       Sec.   . Of the funds available under the heading ``Weapons 
     and Tracked Combat Vehicles, Army'' in Title III of this Act, 
     up to $10,000,000 may be made available for Carrier 
     Modifications.
                                  ____



                           AMENDMENT NO. 3289

   (Purpose: To increase funds for End Item Industrial Preparedness)

       At the appropriate place in the bill, insert the following:
       Sec.   . Of the fund available under the heading ``Research 
     Development Test and Evaluation, Army'' in Title IV of this 
     Act, under ``End Item Industrial Preparedness'' up to 
     $5,000,000 may be made available for the Printed Wiring Board 
     Manufacturing Technology Center.
                                  ____



                    amendment no. 3291, as modified

    (Purpose: To provide, with an offset, $6,000,000 for research, 
 development, test, and evaluation Defense-Wide for the Arrow Missile 
Defense System (PE603875C) for enhanced interoperability of the system 
                 between the United States and Israel)

       On page 109, between lines 11 and 12, insert the following:
       Sec. 8126. Of the amount appropriated under title IV under 
     the heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', up to $6,000,000 may be made available for 
     the Ballistic Missile Defense Organization International 
     Cooperative Programs for the Arrow Missile Defense System in 
     order to enhance the interoperability of the system between 
     the United States and Israel.
                                  ____



                           amendment no. 3298

     (Purpose: to provide funding for the Display Performance and 
   Environmental Evaluation Laboratory Project of the Army Research 
                              Laboratory)

       At the appropriate place in the bill, add the following new 
     section:
       Of the funds made available in Title IV of this Act under 
     the heading ``Research, Development, Test and Evaluation, 
     Army'', up to $3,000,000 may be made available for the 
     Display Performance and Environmental Evaluation Laboratory 
     Project of the Army Research Laboratory.
                                  ____



                           amendment no. 3299

    (Purpose: to provide funding for the Innovative Stand-Off Door 
                Breaching Munition (ISODBM) technology)

       At the appropriate place in the bill, add the following new 
     section:
       Of the funds made available in Title IV of this Act under 
     the heading ``Research, Development, Test and Evaluation, 
     Navy'', up to $4,500,000 may be made available for the 
     Innovative Stand-Off Door Breaching Munition.
                                  ____



                    amendment no. 3300, as modified

(Purpose: To make available $3,000,000 for high-performance, non-toxic, 
       inturnescent fire protective coatings aboard Navy vessels)

       At the appropriate place in the bill, insert the following 
     new section:
       Sec.   . Of the amount appropriated under title II under 
     the heading ``Operation and Maintenance, Navy'', up to 
     $3,000,000 may be available for high-performance, non-toxic, 
     inturnescent fire protective coatings aboard Navy vessels. 
     The coating shall meet the specifications for Type II fire 
     protectives as stated in Mil-Spec DoD-C-24596.

[[Page 10422]]

     
                                  ____
                    Amendment No. 3301, As Modified

 (Purpose: To make available $2,000,000 for advanced three-dimensional 
 visualization software with the currently-deployed, personal computer-
            based Portable Flight Planning Software (PFPS))

       At the appropriate place in the bill, insert the following 
     new section:
       Sec.   . Of the amount appropriated under title II under 
     the heading ``Operation and Maintenance, Air Force'', up to 
     $2,000,000 may be available for advanced three-dimensional 
     visualization software with the currently-deployed, personal 
     computer-based Portable Flight Planning Software (PFPS).
                                  ____



                           Amendment No. 3305

      (Purpose: modification of H.R. 4576, Department of Defense 
                       Appropriations Bill, 2001)

       At the appropriate place, insert the following:
       Sec.   . Of the funds appropriated in title IV under the 
     heading RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY; up 
     to $15,000,000 may be made available to continue research and 
     development on Silicon carbide research (PE 63005A).
                                  ____



                           Amendment No. 3312

 (Purpose: To make available $5,000,000 for Other Procurement for the 
  Army for the development of the Abrams Full-Crew Interactive Skills 
                                Trainer)

       On page 109, between lines 11 and 12, insert the following:
       Sec. 8126. Of the amount appropriated under title III under 
     the heading ``Other Procurement, Army'', $5,000,000 shall be 
     available for the development of the Abrams Full-Crew 
     Interactive Skills Trainer.
                                  ____



                    Amendment No. 3314, As Modified

 (Purpose: To make available $5,000,000 for the Environmental Security 
 Technical Certification Program (PE603851D) for technologies for the 
      detection of unexploded ordinance from live-fire activities)

       On page 109, between lines 11 and 12, insert the following:
       Sec. 8126. (a) Availability of Funds.--Of the amount 
     appropriated under title IV under the heading ``Research, 
     Development, Test, and Evaluation, Defense-Wide'', up to 
     $5,000,000 may be available for the Environmental Security 
     Technical Certification Program (PE603851D) to develop and 
     test technologies to detect unexploded ordinance at sites 
     where the detection and possible remediation of unexploded 
     ordinance from live-fire activities is underway.
                                  ____



                    amendment no. 3315, as modified

(Purpose: To make available $5,000,000 for the Strategic Environmental 
 Research and Development Program (PE603716D) for technologies for the 
    detection and transport of pollutants resulting from live-fire 
                              activities)

       On page 109, between lines 11 and 12, insert the following:
       Sec. 8126. (a) Availability of Funds.--Of the amount 
     appropriated under title IV under the heading ``Research, 
     Development, Test, and Evaluation, Defense-Wide'' up to 
     $5,000,000 may be available for the Strategic Environmental 
     Research and Development Program (PE6034716D) for the 
     development and test of technologies to detect, analyze, and 
     map the presence of, and to transport, pollutants and 
     contaminants at sites undergoing the detection and possible 
     remediation of constituents attributable to live-fire 
     activities in a variety of hydrogeological scenarios
                                  ____



                           amendment no. 3316

  (Purpose: To make available $5,000,000 for Surface Ship & Submarine 
HM&E Advanced Technology (PE603508N) for continuing development by the 
  Navy of the AC synchronous high-temperature superconductor electric 
                                 motor)

       On page 109, between lines 11 and 12, insert the following:
       Sec. 8126. Of the amount appropriated under title IV under 
     the heading ``Research, Development, Test, and Evaluation, 
     Navy'', up to $5,000,000 may be available for Surface Ship & 
     Submarine HM&E Advanced Technology (PE603508N) for continuing 
     development by the Navy of the AC synchronous high-
     temperature super-conductor electric motor.
                                  ____



                           amendment no. 3321

(Purpose: To provide $1,000,000 from Operation and Maintenance, Navy to 
                 continue a public service initiative)

       At the appropriate place, insert the following:
       Sec.   . Of the funds provided in Title II under the 
     heading ``Operation and Maintenance, Navy'', up to $1,000,000 
     may be available to continue the Public Service Initiative.
                                  ____



                           AMENDMENT NO. 3323

(Purpose: To provide research and development funds for a chemical and 
                      biological defense program)

       In the appropriate place in the bill, insert the following 
     new section:
       Sec.   . Of the funds made available in Title IV of this 
     Act under the heading ``Research, Development, Test and 
     Evaluation, Defense-Wide'', up to $3,500,000 may be made 
     available for Chem-Bio Advanced Materials Research.
                                  ____



                           AMENDMENT NO. 3324

   (Purpose: to set aside $3,000,000 for the Navy for operation and 
                 maintenance of a Navy benefits center)

       At the appropriate place in the bill, insert:
       Sec. 8126. Of the total amount appropriated by title II 
     under the heading ``Operation and Maintenance, Navy'', up to 
     $3,000,000 may be available only for a Navy benefits center.
                                  ____



                           AMENDMENT NO. 3325

  (Purpose: To clarify that the authority to enter into contracts for 
 LPD-17 class ships on an incrementally funded basis is to provide for 
                            two such ships)

       On page 25 of the substituted original text, line 9, insert 
     ``two'' after ``and''.
                                  ____



                           AMENDMENT NO. 3326

  (Purpose: to add funding to the Navy Information Technology Center)

       At the appropriate place in the bill, insert the following:
       Sec.   .Of the funds available in Title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Navy'', up to $8,000,000 may be made available for the Navy 
     Information Technology Center.
                                  ____



                           AMENDMENT NO. 3329

(Purpose: To provide research and development funds for the Solid State 
                           Dye Laser project)

       In the appropriate place in the bill, insert the following 
     new section:
       Sec.   . Of the funds made available in Title IV of this 
     Act under the heading ``Research, Development, Test and 
     Evaluation, Defense-Wide'', up to $7,000,000 may be made 
     available for Solid State Dye Laser project.
                                  ____



                           AMENDMENT NO. 3331

    (Purpose: To make available $1,000,000 for Middle East Regional 
                            Security Issues)

       At the appropriate place, insert:
       Sec.   . Of the amount available in Title II under the 
     heading ``Operations and Maintenance, Defense-Wide'', 
     $1,000,000 shall be available for Middle East Regional 
     Security Issues.
                                  ____



                    AMENDMENT NO. 3332, AS MODIFIED

(Purpose: To make available $5,000,000 for research, development, test, 
    and evaluation for the Navy for continuation of the Compatible 
                   Processor Upgrade Program (CPUP))

       At the appropriate place in the bill, insert the following 
     new section:
       Sec.   . Of the total amount available under title IV under 
     the heading ``Research, Development, Test and Evaluation, 
     Navy'', up to $5,000,000 may be made available for 
     continuation of the Compatible Processor Upgrade Program 
     (CPUP).
                                  ____



                           AMENDMENT NO. 3334

(Purpose: To provide, with an offset, funds for five additional Weapons 
 of Mass Destruction Civil Support Teams (WMD-CST) and for additional 
   equipment for the Weapons of Mass Destruction Civil Support Team 
                                program)

       At the appropriate place, insert the following:
       Sec. __. (a) Additional Funds for Weapons of Mass 
     Destruction Civil Support Teams.--The amount appropriated 
     under title II under the heading ``Operation and Maintenance, 
     Army'' is hereby increased by $3,700,000, with the amount of 
     the increase available for the activities of five additional 
     Weapons of Mass Destruction Civil Support Teams (WMD-CST).
       (b) Additional Funds for Equipment for Weapons of Mass 
     Destruction Civil Support Team Program.--(1) The amount 
     appropriated under title III under the heading ``Other 
     Procurement, Army'' is hereby increased by $11,300,000, with 
     the amount of the increase available for Special Purpose 
     Vehicles.
       (2) The amount appropriated under title III under the 
     heading ``Procurement, Defense-Wide'' is hereby increased by 
     $1,800,000, with the amount of the increase available for the 
     Chemical Biological Defense Program, for Contamination 
     Avoidance.
       (3) Amounts made available by reason of paragraphs (1) and 
     (2) shall be available for the procurement of additional 
     equipment for the Weapons of Mass Destruction Civil Support 
     Team (WMD-CST) program.
       (c) Offset.--The amount appropriated under title II under 
     the heading ``Operation and Maintenance, Defense-Wide'' for 
     the Defense Finance and Accounting Service is hereby reduced 
     by $16,800,000, with the amount of the reduction applied to 
     the Defense Joint Accounting System (DJAS) for fielding and 
     operations.
                                  ____



                    amendment no. 3335, as modified

(Purpose: To add $30,000,000 for information security initiatives; and 
                          to provide offsets)

       On page 109 of the substitute, between lines 11 and 12, 
     insert the following:

[[Page 10423]]

       Sec. 8126. (a) Of the funds available in title II under the 
     heading ``Operation and Maintenance, Defense-Wide'', 
     $30,000,000 may be available for information security 
     initiatives: Provided, That, of such amount, $10,000,000 is 
     available for the Institute for Defense Computer Security and 
     Information Protection of the Department of Defense, and 
     $20,000,000 is available for the Information Security 
     Scholarship Program of the Department of Defense.
                                  ____



                    amendment no. 3336, as modified

  (Purpose: To provide funds for a live-fire side-by-side test of the 
              air-to-air Starstreak and Stinger missiles)

       At the appropriate place in the bill, insert the following 
     new section:
       Of the funds provided in Title IV of this Act under the 
     heading ``Research, Development, Test and Evaluation, Army'' 
     up to $12,000,000 may be made available to commence a live-
     fire, side-by-side operational test of the air-to-air 
     Starstreak and air-to-air Stinger missiles from the AH64D 
     Longbow helicopter, as previously specified in section 8138 
     of Public Law 106-79.
                                  ____



                           amendment no. 3337

       At the appropriate place in the bill, insert the following 
     new section:
       Of the funds appropriated in the Act under the heading 
     ``Operations and Maintenance, Defense-Wide'' up to $5,000,000 
     may be made available to the American Red Cross for Armed 
     Forces Emergency Services.
                                  ____



                           amendment no. 3338

(Purpose: To set aside for the XSS-10 micro-missile technology program 
      $12,000,000 of the amount appropriated for RDTE, Air Force)

       On page 109 of the substitute, between lines 11 and 12, 
     insert the following:
       Sec. 8126. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test and Evaluation, Air 
     Force'', up to $12,000,000 is available for the XSS-10 micro-
     missile technology program.
                                  ____



                    amendment no. 3339, as modified

(Purpose: To provide for a demonstration project for the development of 
   a chemical agent warning network to benefit the chemical incident 
                  response force of the Marine Corps)

       At the appropriate place in the bill, insert the following 
     new section:
       Sec.   . Of the funds made available in Title IV of this 
     Act under the heading ``Research, Development, Test and 
     Evaluation, Navy'', up to $3,000,000 may be made available 
     for the development of a chemical agent warning network to 
     benefit the chemical incident response force of the Marine 
     Corps.
                                  ____



                           amendment no. 3342

     (Purpose: To provide support for the Bosque Redondo Memorial)

       On page 109, between lines 11 and 12, insert the following:
       Sec. 8126. Of the amounts appropriated under title II under 
     the heading ``Operation and Maintenance, Defense-Wide'', 
     $2,000,000 may be made available for the Bosque Redondo 
     Memorial as authorized under the provisions of the bill S. 
     964 of the 106th Congress, as adopted by the Senate.
                                  ____



                           amendment no. 3343

  (Purpose: To make available, with an offset, $300,000 for research, 
 development, test, and evaluation Defense-Wide for Generic Logistics 
Research and Development Technology Demonstrations (PE603712S) for air 
                         logistics technology)

       On page 109, between lines 11 and 12, insert the following:
       Sec. 8126. (a) Increase in Amount.--Of the amount 
     appropriated under title IV under the heading ``Research, 
     Development, Test, and Evaluation, Defense-Wide'', $300,000 
     shall be available for Generic Logistics Research and 
     Development Technology Demonstrations (PE603712S) for air 
     logistics technology.
       (b) Offset.--Of the amount appropriated under title IV 
     under the heading referred to in subsection (a), the amount 
     available for Computing Systems and Communications Technology 
     (PE602301E) is hereby decreased by $300,000.
                                  ____



                           amendment no. 3344

 (Purpose: To make available, with an offset, $5,000,000 for research, 
     development, test, and evaluation Defense-Wide for Explosives 
 Demilitarization Technology (PE603104D) for research into ammunition 
                      risk analysis capabilities)

       On page 109, between lines 11 and 12, insert the following:
       Sec. 8126. (a) Increase in Amount.--Of the amount 
     appropriated under title IV under the heading ``Research, 
     Development, Test, and Evaluation, Defense-Wide'', $5,000,000 
     shall be available for Explosives Demilitarization Technology 
     (PE603104D) for research into ammunition risk analysis 
     capabilities.
       (b) Offset.--Of the amount appropriated under title IV 
     under the heading referred to in subsection (a), the amount 
     available for Computing Systems and Communications Technology 
     (PE602301E) is hereby decreased by $5,000,000.
                                  ____



                           amendment no. 3352

(Purpose: to make available $92,530,000 for C-5 aircraft modernization)

       On page 109, between lines 11 and 12, insert the following:
       Sec. 8126. Of the amount appropriated under title IV under 
     the heading ``Research, Development, Test, and Evaluation, 
     Air Force``, $92,530,000 may be available for C-5 aircraft 
     modernization, including for the C-5 Reliability Enhancement 
     and Reengining Program.
                                  ____



                    amendment no. 3357, as modified

 (Purpose: To increase by $2,000,000 the amount available for Military 
Personnel Research (PE61103D); and to offset that increase by reducing 
the amount available for the AFCC engineering and installation program 
                       (PE65123D) by $2,000,000)

       On page 110 of the substituted original text, or at the 
     appropriate place, insert the following:
       Sec.  . Of the total amount appropriated by title IV under 
     the heading ``Research, Development, Test and Evaluation, 
     Defense wide'', up to $4,000,000 may be made available for 
     Military Personnel Research.
                                  ____



                    amendment no. 3293, as modified

     (Purpose: To make available an additional $21,000,000 for the 
    Information Technology Center and the Human Resource Enterprise 
                               Strategy)

       At the appropriate place in the bill insert the following 
     new section:
       Sec.  . Of the amounts appropriated under title II under 
     the heading ``Operation and Maintenance, Navy'' up to 
     $7,000,000 may be available for the Information Technology 
     Center.

  Mr. STEVENS. Mr. President, I ask unanimous consent that it be in 
order to move to reconsider the vote en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, 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. STEVENS. Mr. President, I ask unanimous consent that Senators 
Lott and Cochran be added as original cosponsors to the Leahy 
amendment, No. 3312.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, we are going now to our respective party 
luncheons. We expect to have additional items to present to the Senate 
upon our return.
  I again call attention of Members to the report of the 
Parliamentarian on those amendments that are subject to rule XVI. It 
will be my intention when we return to ask that the Chair rule that 
rule XVI applies to those amendments, and that they be declared out of 
order.

                          ____________________