[Congressional Record (Bound Edition), Volume 150 (2004), Part 9]
[Senate]
[Pages 11175-11177]
[From the U.S. Government Publishing Office, www.gpo.gov]




   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005--Continued


                    Amendment No. 3260, as Modified

  Mr. WARNER. Madam President, we had a very important meeting between 
the distinguished chairman of the Appropriations Committee and the 
distinguished ranking member, Mr. Byrd. As a result of their 
consultation and advice to the distinguished Senator from Michigan and 
myself, I send to the desk a modified amendment.
  The PRESIDING OFFICER. Is there objection to the modification? 
Without objection, it is so ordered. The amendment is so modified.
  The amendment (No. 3260), as modified, is as follows:

   (Purpose: To authorize appropriations for a contingent emergency 
          reserve fund for operations in Iraq and Afghanistan)

       On page 239, between lines 2 and 3, insert the following:

     SEC. 1006. AUTHORIZATION OF APPROPRIATIONS FOR A CONTINGENT 
                   EMERGENCY RESERVE FUND FOR OPERATIONS IN IRAQ 
                   AND AFGHANISTAN.

       (a) Authorization of Supplemental Appropriations.--In 
     addition to any other amounts authorized to be appropriated 
     by this Act, there is hereby authorized to be appropriated 
     for the Department of Defense for fiscal year 2005, subject 
     to subsections (b) and (c), $25,000,000,000, to be available 
     only for activities in support of operations in Iraq and 
     Afghanistan.
       (b) Specific Amounts.--Of the amount authorized to be 
     appropriated under subsection (a), funds are authorized to be 
     appropriated in amounts for purposes as follows:
       (1) For the Army for operation and maintenance, 
     $14,500,000,000.
       (2) For the Navy for operation and maintenance, 
     $1,000,000,000.
       (3) For the Marine Corps for operation and maintenance, 
     $2,000,000,000.
       (4) For the Air Force for operation and maintenance, 
     $1,000,000,000.
       (5) For operation and maintenance, Defense-wide activities, 
     $2,000,000,000.
       (6) For military personnel, $2,000,000,000.
       (7) An additional amount of $2,500,000,000 to be available 
     for transfer to--
       (A) operation and maintenance accounts;
       (B) military personnel accounts;
       (C) research, development, test, and evaluation accounts;
       (D) procurement accounts;
       (E) classified programs; and
       (F) Coast Guard operating expenses.
       (c) Authorization Contingent on Budget Request.--The 
     authorization of appropriations in subsection (a) shall be 
     effective only to the extent that a budget request for all or 
     part of the amount authorized to be appropriated under such 
     subsection for the purposes set forth in such subsection is 
     transmitted by the President to Congress after the date of 
     the enactment of this Act and includes a designation of the 
     requested amount as an emergency and essential to support 
     activities in Iraq and Afghanistan.
       (d) Transfer Authority.--(1) Of the amount authorized to be 
     appropriated under subsection (b)(7) for transfer, no 
     transfer may be made until the Secretary of Defense consults 
     with the Chairmen and Ranking Members of the congressional 
     defense committees and then notifies such committees in 
     writing not later than five days before the transfer is made.
       (2) The transfer authority provided under this section is 
     in addition to any other transfer authority available to the 
     Department of Defense.
       (e) Monthly Report.--The Secretary of Defense shall submit 
     to the congressional defense committees each month a report 
     on the use of funds authorized to be appropriated under this 
     section. The report for a month shall include in a separate 
     display for each of Iraq and Afghanistan, the activity for 
     which the funds were used, the purpose for which the funds 
     were used, the source of the funds used to carry out that 
     activity, and the account to which those expenditures were 
     charged.

  Mr. WARNER. I thank the Presiding Officer.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Madam President, I know my good friend from Virginia is 
going to have to leave the Chamber in a moment, but before I make some 
remarks in general about our colleagues who are World War II veterans, 
while he is here I want to say what a privilege it has been for me, for 
26 years now almost, to serve with John Warner of Virginia. I cannot 
think of a person who is more decent, civil, and gentlemanly, and the 
way in which he runs our committee is truly a model. He is part of a 
great tradition of committee chairmen whom he has noted many times whom 
he and I have served with, and whom he knew long before I did. He 
serves as chairman of the committee that represents our Armed Forces in 
this country and he does it with extraordinary diplomacy.
  So even though it is not the Foreign Relations Committee, it is the 
committee of our Armed Forces. He is noted for his gentleness and 
civility. I am sure he learned some of this modesty as a member of the 
``greatest generation,'' because they do not talk about what they did 
in World War II. As a matter of fact, this last Memorial Day I spent a 
lot of time with our veterans, their kids, their grandkids, and their 
great-grandkids, urging those kids and grandkids to get those veterans 
to share their histories because they are not going to volunteer it. 
They are not going to initiate any discussion about the events of World 
War II; they are too modest.
  I do not know whether that is where my dear friend from Virginia got 
that wonderful modesty of his, that self-effacement, but from wherever 
he got it,

[[Page 11176]]

it is treasured by every Member of this body and on this occasion I 
address him as a World War II veteran. Before I make my remarks about 
all of our other colleagues, I want to tell him what a treasured 
relationship this has been, and I thank him for his service.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. May I thank my dear friend. I do not in any way deserve 
what he said, but he and I do reflect often on how we got where we are 
and that is because of men such as Jackson, Stennis, Goldwater, and 
Tower, and the greats whom we have served under as chairmen of this 
committee.
  The Senator from Michigan has been chairman of the committee. I have 
been chairman of the committee. We were trained by the best and we 
learned so much of what we practice today from those great teachers, 
Senators, of towering strength and wisdom. I thank my friend for 
sharing his thoughts with me. In every sense, he emulates those titans 
and giants who have run this committee.
  Mr. LEVIN. I thank my friend.
  I want to add one other thing, and that is the way in which he was 
able to modify the amendment is typical of the way Senator Warner 
works. I will not go into the details because it is probably not even 
appropriate, but there were some differences on the wording of this 
amendment. He worked with some real giants in this Senate--Senator 
Byrd, Senator Stevens, Senator Inouye--to find a way to work through 
this difference. To the outside world, it would look like a very minor 
modification and in the scheme of things it probably is a modest 
modification, but it took some real effort, some real diplomacy, and 
some real willingness to look for the path through the bramble, and the 
Senator from Virginia found it. It was very typical. He sent an 
amendment to the desk and in about 4 seconds it is done, but it took a 
lot more than 4 seconds. It took the special character and the special 
approach of my dear friend from Virginia.
  I thank him for his service as a World War II veteran, as well as all 
of our other colleagues.
   This past weekend, the Memorial Day weekend, the Nation paused to 
dedicate the newly completed World War II Memorial and pay a long 
overdue tribute to the 16 million Americans who served in the Armed 
Forces During World War II, the more than 400,000 who died, and the 
millions who supported the war effort here at home.
   The World War II Memorial is inscribed with many poignant quotes, 
including the words of President Harry S Truman: ``Our debt to the 
heroic men and valiant women in the service of our country can never be 
repaid. They have earned our undying gratitude. America will never 
forget their sacrifices.'' These words reflect the sentiments of 
countless Americans. All of us owe a tremendous debt to this ``greatest 
generation'' which sacrificed so much to protect our freedom and 
liberty.
   Over this past weekend, I was privileged to meet with hundreds of 
these veterans and their families who made the journey to Washington, 
D.C., from Michigan for the dedication of the monument. I heard many 
inspiring personal stories of these men and women. Nearly all spoke of 
the memory of those who did not return.
  Those who were in Washington represented thousands and thousands of 
veterans who died in war, and those who were unable to make this 
journey and those who did not live to see the memorial constructed.
  It was particularly moving to witness the pride that the sons and 
daughters, and the grandchildren, of these veterans took in their 
service. America will remember.
  We in Michigan, in particular, are also mindful of the tremendous 
effort made ``back home'' by those who supported the war effort. Our 
State became known as the ``Arsenal of Democracy''. From jeeps to tanks 
to bombers to artillery, and even ambulances, the industrial strength 
of Michigan turned to production of the tools needed by those on the 
front lines. As National Geographical Magazine noted in 1944: ``It does 
not take long, in Michigan, to realize you are on a real battle front. 
The industrial sections roar with machinery.''
  We, in the Senate, are fortunate to serve with six of these heroic 
veterans. These are my friends and colleagues and I value each of them 
for the many important contributions they have made to the Nation in 
this body. But, today, I salute them for their courage and for their 
sacrifice as young men in World War II and because they collectively 
represent millions of Americans who did their duty in their Nation's 
hour of need. Senator Akaka of Hawaii, Senator Hollings of South 
Carolina, Senator Lautenberg of New Jersey, Senator Inouye of Hawaii, 
Senator Stevens of Alaska, and Senator John Warner of Virginia--you 
have my admiration, my respect and my thanks.
  We cannot ever repay the debt we owe to those who fought in our 
defense during World War II and those who supported their efforts on 
the homefront. This week, we have taken an important step in assuring 
that America will never forget their valor and their sacrifice. And, 
even as we do so, we think of and we honor the courage and commitment 
of our armed forces today in Iraq and Afghanistan fighting the enemies 
of freedom and democracy. These men and women, too, like the millions 
of Americans before them, have answered the call.
  Mr. BYRD. Mr. President, on May 12, 2004, the President sent to 
Congress an amendment to his fiscal year 2005 budget request that would 
add $25 billion for the cost of the ongoing wars in Iraq and 
Afghanistan. The President's request amounted to a blank check: There 
were virtually no strings at all on how those funds could be used.
  Senator Warner, as chairman of the Armed Services Committee, held a 
hearing, at my request, on the day after this $25 billion request was 
sent to Congress. Members of the committee were nearly unanimous that 
Congress should not sign away its power of the purse by giving a 
rubberstamp approval to the President's proposal.
  After reviewing the President's request, I developed several 
proposals to strengthen congressional oversight over the President's 
request. The funds should be authorized in discrete appropriations 
accounts for the missions in Iraq and Afghanistan. Reasonable limits 
should be placed on transfer authority, so that this budget request 
would not become a blank check. Needed funding for the Coast Guard 
operations in the Persian Gulf should be included in the $25 billion 
requested by the President.
  Senator Warner, Senator Stevens, Senator Levin, and Senator Inouye 
worked diligently to include my proposals in the amendment that is now 
before the Senate. Funds have been placed in regular appropriations 
accounts in order to promote oversight. The amount of funds that can be 
transferred to other accounts has been reduced from 100 percent to a 
reasonable 10 percent. Anticipated costs for Coast Guard operations 
have been funded.
  I commend Senator Warner and Senator Stevens for their work on this 
amendment. I thank Senator Levin and Senator Inouye for their steadfast 
efforts in working to provide the necessary funding for our troops 
while preserving the power of the purse. I would also like to thank 
Senator Reid for his work in bringing this bipartisan amendment to a 
vote.
  Approval of this amendment is but one step in providing the necessary 
support to our troops in a manner that promotes accountability and 
oversight by the Congress. In the coming days, the Appropriations 
Committee will take up the Defense Appropriations bill. The Senate 
should build on its work here to insure that the appropriations bill 
includes similar provisions that preserve the power of the purse that 
resides with Congress. I look forward to working with my colleagues on 
that bill, in the same bipartisan manner as we did today, to support 
our troops and protect the Constitution.
  Mrs. BOXER. Mr. President, since 2002, I have raised serious concerns 
about this administration's policy on Iraq, including the President's 
failure to plan for post-war Iraq and his inability to convince much of 
the world to

[[Page 11177]]

share the burden by providing troops and funding.
  However, I will support the President's request for $25 billion to 
support our military men and women who are serving so bravely under 
extremely difficult conditions.
  When the President initially requested this additional funding on May 
12, it was a blank check. It allowed the President to spend funds on 
any account within the DoD for any purpose having to do with Iraq or 
Afghanistan. Because of the good work of many in this Chamber, on both 
sides of the aisle, the Warner amendment is a significant improvement 
on the President's initial request.
  The Warner amendment ensures that $20 billion of the $25 billion 
request will be spent on the operation and maintenance accounts of the 
Armed Forces and that $2 billion will be dedicated solely to the 
military personnel accounts. This is vastly different from the 
President's request, which would have given him the authority to spend 
the $25 billion in any manner in which he thought appropriate.
  The Warner amendment also contains an important provision that 
requires a monthly report to Congress on the use of this $25 billion 
authority. With this reporting requirement, Congress can ensure that 
every penny is being used for the well-being of our military men and 
women who are serving this country with great honor.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. I ask unanimous consent that the vote scheduled for 6:30 
this evening now occur at 6 p.m.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. WARNER. 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. GREGG. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GREGG. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the amendment. The clerk will call the 
roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Colorado (Mr. 
Campbell) and the Senator from Illinois (Mr. Fitzgerald) are 
necessarily absent.
  Mr. REID. I announce that the Senator from Montana (Mr. Baucus), the 
Senator from North Carolina (Mr. Edwards), and the Senator from 
Massachusetts (Mr. Kerry) are necessarily absent.
  The PRESIDING OFFICER (Mr. Alexander). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 95, nays 0, as follows:

                      [Rollcall Vote No. 106 Leg.]

                                YEAS--95

     Akaka
     Alexander
     Allard
     Allen
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Frist
     Graham (FL)
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
     Wyden

                             NOT VOTING--5

     Baucus
     Campbell
     Edwards
     Fitzgerald
     Kerry
  The amendment (No. 3260) was agreed to.
  Mr. SHELBY. I move to reconsider the vote.
  Mr. ALLEN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. LEVIN. 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. TALENT. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________