[Congressional Record (Bound Edition), Volume 150 (2004), Part 10]
[Senate]
[Pages 13491-13494]
[From the U.S. Government Publishing Office, www.gpo.gov]




   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005--Continued

  The PRESIDING OFFICER. The Senate will continue the consideration of 
S. 2400.


                           Amendment No. 3303

  There are now 2 minutes of debate equally divided related to the 
Corzine amendment.
  The Senator from Nevada.
  Mr. REID. We yield back our time.
  Mr. FRIST. We yield back the remainder of our time.
  The PRESIDING OFFICER. The question is now on agreeing to the motion 
to waive the Budget Act with respect to the Corzine amendment.
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Kansas (Mr. 
Brownback) is necessarily absent.
  I further announce that if present and voting the Senator from Kansas 
(Mr. Brownback) would vote ``no.''
  Mr. REID. I announce that the Senator from Massachusetts (Mr. Kerry) 
is necessarily absent.
  The PRESIDING OFFICER (Mr. Sununu). Are there any other Senators in 
the Chamber desiring to vote?
  The yeas and nays resulted--yeas 49, nays 49, as follows:

                      [Rollcall Vote No. 136 Leg.]

                                YEAS--49

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carper
     Clinton
     Collins
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham (FL)
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Snowe
     Specter
     Stabenow
     Wyden

                                NAYS--49

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Cochran
     Coleman
     Conrad
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner

                             NOT VOTING--2

     Brownback
     Kerry
       
  The PRESIDING OFFICER. On this question, the ayes are 49, the nays 
are 49. Three-fifths of the Senators duly chosen and sworn not having 
voted in the affirmative, the motion is rejected.
  Mr. WARNER. 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.
  The PRESIDING OFFICER. The Chair sustains the point of order and the 
amendment falls.


                           Amendment No. 3472

  The PRESIDING OFFICER. Under the previous order, the next vote is on 
the McConnell amendment numbered 3472 on which the yeas and nays have 
been ordered.
  Under the previous order, there will be 2 minutes of debate evenly 
divided.
  Mr. REID. Mr. President, this is a 10-minute vote, is that right?
  The PRESIDING OFFICER. The Senator is correct. Under the previous 
order, subsequent votes will be 10 minutes in length.
  Mr. KENNEDY. Parliamentary inquiry: I understand under the previous 
agreement we are going to have two votes. The first vote will be on the 
McConnell amendment and the second vote on the Kennedy amendment?
  The PRESIDING OFFICER. Under the previous order there are several 
pending votes. The next vote after the McConnell amendment will be on 
the Kennedy amendment.
  Who yields time?
  Mr. McCONNELL. Mr. President, let me describe why the McConnell 
amendment is preferable to the Kennedy amendment. My colleagues will be 
given an opportunity in the next few minutes to vote on two approaches 
to administration reporting on Iraq. The Kennedy troop estimate 
requirement is entirely too burdensome. We cannot predict troop levels 
5 years in advance. No one is that good. Political developments in Iraq 
will drive security estimates so we cannot determine now what our needs 
are going to be years in advance.
  Kennedy's 30-day requirement would not give the Department of Defense 
enough time to staff a report, much less complete one.
  I recommend voting for the McConnell alternative which is a 
reasonable reporting requirement from the Defense Department related to 
Iraq.

[[Page 13492]]

  The PRESIDING OFFICER. The time of the Senator has expired.
  The Senator from Massachusetts is recognized for 1 minute.
  Mr. KENNEDY. Mr. President, this is for 1 year. June 30th, 
sovereignty is transferred to the Iraqis. American families are 
entitled to know how long their sons and daughters are going to serve 
in Iraq. This is asking for an estimate of how long their sons and 
daughters are going to be there. They will make that judgment 30 days 
after this bill is passed into law, then 6 months, and then a year. 
American families who have sons and daughters serving in Iraq need to 
have some estimate about how long they are going to be there. The 
American people are entitled to that, too.
  Finally, we have followed this similar kind of reporting with regard 
to Bosnia in the past. This is an appropriate request. American 
families and the American people are entitled to it and the Iraqi 
people are entitled to it, as well.
  The PRESIDING OFFICER. The Senator's time has expired. Under the 
previous order, the vote occurs on agreeing to the McConnell amendment.
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Kansas (Mr. 
Brownback) is necessarily absent.
  I further announce that if present and voting the Senator from Kansas 
(Mr. Brownback) would vote ``yes.''
  Mr. REID. I announce that the Senator from Massachusetts (Mr. Kerry) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 71, nays 27, as follows:

                      [Rollcall Vote No. 137 Leg.]

                                YEAS--71

     Alexander
     Allard
     Allen
     Bayh
     Bennett
     Bond
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Dorgan
     Edwards
     Ensign
     Enzi
     Feinstein
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kohl
     Kyl
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Roberts
     Rockefeller
     Santorum
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
     Wyden

                                NAYS--27

     Akaka
     Baucus
     Biden
     Bingaman
     Boxer
     Breaux
     Corzine
     Daschle
     Dayton
     Dodd
     Durbin
     Feingold
     Graham (FL)
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Landrieu
     Lautenberg
     Leahy
     Levin
     Pryor
     Reed
     Reid
     Sarbanes

                             NOT VOTING--2

     Brownback
     Kerry
       
  The amendment (No. 3472) was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3377

  The PRESIDING OFFICER. Under the previous order, the vote will now 
occur on agreeing to Kennedy amendment No. 3377. This will be preceded 
by 2 minutes of debate evenly divided.
  The Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, if you liked the McConnell amendment, you 
have to love the Kennedy amendment because the McConnell amendment took 
our initial amendment and eliminated estimating the numbers of American 
troops that are going to be necessary after Iraq reaches sovereignty. 
That is the principal difference.
  It does seem to me that after Iraq gets sovereignty on June 30, every 
American family, whether it is those who have sons or daughters serving 
in Iraq, is entitled to the best judgment--and this is an estimate--the 
best judgment on the number of troops we are going to have serve in 
Iraq. That is clear and simple. It is an estimate. There are clear 
examples where we have done that in the past. We are talking about 
estimating the number of American troops that will serve in Iraq. We 
have done that time in and time out. That is what the Kennedy amendment 
would do, embracing the best parts of the McConnell amendment. You can 
have it all this afternoon in the U.S. Senate.
  The PRESIDING OFFICER. The Senator from Kentucky.
  Mr. McCONNELL. Mr. President, the argument remains the same as it was 
a few moments ago. The question is whether we can require the Defense 
Department to predict that which cannot be known. No one knows what the 
future troop estimate is going to be. We can't predict troop levels 5 
years in advance. The Senator from Massachusetts is trying to require 
the Defense Department to report something that no Defense Department 
could possibly report. Therefore, the Kennedy amendment ought to be 
opposed.
  The PRESIDING OFFICER. All time has expired. The question is on 
agreeing to amendment No. 3377.
  The yeas and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Kansas (Mr. 
Brownback) is necessarily absent.
  I further announce that if present and voting the Senator from Kansas 
(Mr. Brownback) would vote ``nay.''
  Mr. REID. I announce that the Senator from Massachusetts (Mr. Kerry) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 48, nays 50, as follows:

                      [Rollcall Vote No. 138 Leg.]

                                YEAS--48

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carper
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham (FL)
     Hagel
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     McCain
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Wyden

                                NAYS--50

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lieberman
     Lott
     Lugar
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner

                             NOT VOTING--2

     Brownback
     Kerry
       
  The amendment (No. 3377) was rejected.
  Mr. WARNER. 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.


                           Amendment No. 3353

  The PRESIDING OFFICER. Under the previous order, a vote will now 
occur on the Reed amendment to be preceded by 2 minutes of debate 
equally divided.
  The Senator from Rhode Island.
  Mr. REED. Mr. President, I ask unanimous consent that Senator Corzine 
be added as a cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, for years, the plan for missile defense, 
which is placed in Alaska, provided for 20 interceptors. Suddenly, this 
year the administration asked for 10 additional interceptors. My 
amendment will simply fence the acquisition of these interceptors 
pending operational testing. These interceptors and their warheads have 
never been used in interceptor tests. They are virtually untested.
  The underlying amendment would allow for the acquisition but would

[[Page 13493]]

condition that on operational testing. I think we will learn a lot from 
operational testing. I think we should have operational testing. The 
question is, Why do we want to buy 10 additional interceptors until we 
learn what we must before we commit to this $500 million acquisition?
  I hope my colleagues will support me in this effort.
  The PRESIDING OFFICER. The Senator's time has expired.
  Who seeks time in opposition?
  The Senator from Virginia is recognized for 1 minute.
  Mr. WARNER. Mr. President, I say to colleagues, in all candor, this 
is the third vote on the same issue. They have addressed the issues in 
this amendment on two occasions, and by significant margin we have 
decided to reject in any way taking the Missile Defense Program and 
changing it at this time. They voted on the Levin amendment and 
rejected it. They voted on my amendment, which was to an earlier Reed 
amendment on much the same principle, and rejected the amendment of the 
Senator from Rhode Island.
  I say to my colleagues we have to have some consistency. Regrettably, 
we are asked for a third vote on the same issue. I strongly urge my 
colleagues to reject this amendment.
  The PRESIDING OFFICER. The Senator's time has expired.
  The question is on agreeing to amendment No. 3353. The yeas and nays 
have been ordered. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Kansas (Mr. 
Brownback) is necessarily absent.
  I further announce that if present and voting the Senator from Kansas 
(Mr. Brownback) would vote ``nay.''
  Mr. REID. I announce that the Senator from Massachusetts (Mr. Kerry) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 45, nays 53, as follows:

                      [Rollcall Vote No. 139 Leg.]

                                YEAS--45

     Akaka
     Baucus
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carper
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham (FL)
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Wyden

                                NAYS--53

     Alexander
     Allard
     Allen
     Bayh
     Bennett
     Bond
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lieberman
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner

                             NOT VOTING--2

     Brownback
     Kerry
       
  The amendment (No. 3353) was rejected.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. STEVENS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3423

  The PRESIDING OFFICER. Under the previous order, the vote will now 
occur on the Byrd amendment to be preceded by 2 minutes of debate 
equally divided. The Senate will come to order.
  The Senator from West Virginia is recognized to speak for 1 minute on 
his amendment.
  Mr. BYRD. Mr. President, this amendment increases U.S. support for 
Plan Colombia. My amendment raises the cap on the number of U.S. 
military and civilian personnel who can participate in Plan Colombia. 
My amendment fully supports Colombia's war against drug trafficking and 
narcoterrorists.
  The difference between this amendment and the administration proposal 
contained in the bill is that my amendment is intended to meet 
immediate requirements whereas the administration is projecting future 
requirements. My amendment increases the military and civilian caps 
from 400 to 500 each. The administration's proposal doubles the troop 
cap from 400 to 800 and increases the civilian cap from 400 to 600. By 
their own admission, that is far more than either the State or Defense 
Department need in Colombia next year.
  The administration wants flexibility. I believe Congress should 
insist on accountability and oversight. U.S. military forces are 
already stretched to the breaking point across the globe. U.S. troops 
in Iraq are being forced to extend their tours as a result of stop-loss 
orders. Prospects remain strong that thousands upon thousands of 
American troops will be needed to quell the violence in Iraq for years 
to come.
  This is not the time, Colombia is not the place, for yet another 
large increase in the deployment of U.S. forces overseas. My amendment 
is a responsible approach to support the worthy goals of Plan Colombia 
while maintaining congressional oversight on what is an increasingly 
complex and dangerous mission. I urge my colleagues to support the 
amendment.
  The PRESIDING OFFICER. The time of the Senator has expired. Who seeks 
time in opposition?
  The Senator from Virginia.
  Mr. WARNER. Mr. President, I urge colleagues to give the most careful 
consideration to this amendment. How well each of us knows the 
fragility of the Central American band of countries. Colombia has shown 
the fortitude, the courage, the strength, the sacrifice to take on 
adversity and they have met with success. This is a very modest number 
increase in troops, essential at this time to keep that forward 
momentum going. I strongly urge that you vote against the Byrd 
amendment.
  The PRESIDING OFFICER. All time having been yielded back, under the 
previous order, the question occurs on agreeing to the Byrd amendment 
on which the yeas and nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL, I announce that the Senator from Kansas (Mr. 
Brownback) is necessarily absent.
  I further announce that if present and voting the Senator from Kansas 
(Mr. Brownback) would vote ``nay.''
  Mr. REID. I announce that the Senator from Massachusetts (Mr. Kerry) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 40, nays 58, as follows:

                      [Rollcall Vote No. 140 Leg.]

                                YEAS--40

     Akaka
     Baucus
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carper
     Conrad
     Corzine
     Daschle
     Dayton
     Dorgan
     Durbin
     Edwards
     Feingold
     Fitzgerald
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Mikulski
     Murray
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Wyden

                                NAYS--58

     Alexander
     Allard
     Allen
     Bayh
     Bennett
     Bond
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeWine
     Dodd
     Dole
     Domenici
     Ensign
     Enzi
     Feinstein
     Frist
     Graham (FL)
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lieberman
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nelson (FL)
     Nelson (NE)
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner

[[Page 13494]]



                             NOT VOTING--2

     Brownback
     Kerry
      
  The amendment (No. 3423) was rejected.
  Mr. WARNER. I move to reconsider the vote.
  Mr. SANTORUM. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________