To express the sense of the Senate on budgeting and funding of ongoing military operations overseas.

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2005--Continued

Mr. STEVENS. Mr. President, I ask unanimous consent that the Chair
lay before the Senate the Defense appropriations bill.
The PRESIDING OFFICER (Mr. Alexander). Without objection, it is so
ordered. The clerk will report.
The legislative clerk read as follows:

A bill (H.R. 4613) making appropriations for the Department
of Defense for the fiscal year ending September 30, 2005, and
for other purposes.

Amendment No. 3490

Mr. STEVENS. Mr. President, I send an amendment to the desk on behalf
of the Senator from Montana, Mr. Baucus.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Baucus,
proposes an amendment numbered 3490.

Mr. STEVENS. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.

[[Page S7367]]

The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To set aside an amount for a grant to Rocky Mountain College,
Montana, for the purchase of aircraft for support of aviation training)

On page 112, between lines 13 and 14, insert the following:
Sec. 8021. Of the amount appropriated by title III under
the heading ``Aircraft Procurement, Air Force'', $880,000
shall be available to the Secretary of the Air Force for a
grant to Rocky Mountain College, Montana, for the purchase of
three Piper aircraft, and an aircraft simulator, for support
of aviation training.

Mr. STEVENS. Mr. President, this amendment has been agreed to on both
sides. There may be allocated up to $880,000 for a specific project the
Senator is interested in. I ask for adoption of the amendment.
The PRESIDING OFFICER. If there is no further debate, without
objection, the amendment is agreed to.
The amendment (No. 3490) was agreed to.
Mr. STEVENS. Mr. President, I move to reconsider the vote and to lay
that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3491

Mr. STEVENS. Mr. President, I send an amendment to the desk for Mr.
Corzine and ask that it be considered.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Corzine,
proposes an amendment numbered 3491.

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

(Purpose: To make available, from amounts appropriated for ``Research,
Development, Test, and Evaluation, Navy'', $4,000,000 for Aviation Data
Management and Control System, Block II)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated or otherwise made
available by title IV of the Act under the heading
``Research, Development, Test, and Evaluation, Navy'', up to
$4,000,000 may be available for Aviation Data Management and
Control System, Block II.

Mr. STEVENS. This amendment is for Senator Corzine, who is seeking an
earmark for up to $4 million for a specific project. It has been agreed
upon. I ask unanimous consent that it be adopted.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3491) was agreed to.
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.

Amendment No. 3492

Mr. STEVENS. Mr. President, I send an amendment to the desk for
Senators Kennedy, Kerry, Schumer, and Clinton.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Kennedy, Mr.
Kerry, Mr. Schumer, and Mrs. Clinton, proposes an amendment
numbered 3492.

The amendment is as follows:
On page 118, insert the following new section on line 5:
``Sec. 9006. In addition to amounts otherwise made
available in this Act, $50,000,000, is made available upon
enactment for `Office of Justice Programs--State and Local
Law Enforcement Assistance' for discretionary grants under
the Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs for reimbursement to State and local law
enforcement entities for security and related costs,
including overtime, associated with the 2004 Presidential
Candidate Nominating Conventions, to remain available until
September 30, 2005: Provided, That from funds provided in
this section the Office of Justice Programs shall make grants
in the amount of $25,000,000 to the City of Boston,
Massachusetts; and $25,000,000 to the City of New York, New
York: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to
section 502 of H. Con. Res. 95, the concurrent resolution on
the budget for fiscal year 2004: Provided further, That the
entire amount shall be available only to the extent that an
official budget request for $50,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in H. Con. Res. 95, the
concurrent resolution on the budget for fiscal year 2004, is
transmitted by the President to the Congress.''

Mr. STEVENS. Mr. President, this is an amendment, on an emergency
basis, to add $25 million for the security at each of the party
conventions in Boston and New York. It is consistent with past policy,
and we have agreed to accept this amendment on an emergency basis. I
ask for consideration of the amendment.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3492) was agreed to.
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, the Senator from Ohio has an amendment to
offer.
I yield the floor.
The PRESIDING OFFICER. The Senator from Ohio is recognized.

Amendment No. 3493

Mr. DeWINE. 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 Ohio [Mr. DeWine] proposes an amendment
numbered 3493.

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

(Purpose: To appropriate funds for the crisis in Darfur and Chad)

On page 118, between lines 4 and 5, insert the following:

TITLE X

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

United States Agency for International Development

International Disaster and Famine Assistance

For an additional amount for ``International Disaster and
Famine Assistance'', $70,000,000, to remain available until
expended: Provided, That funds appropriated by this paragraph
shall be available to respond to the humanitarian crisis in
the Darfur region of Sudan and in Chad: Provided further,
That such amount is designated as an emergency requirement
pursuant to section 502 of H. Con. Res. 95 (108th Congress):
Provided further, That such amount shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined in H.
Con. Res. 95 (108th Congress), is transmitted by the
President to Congress: Provided further, That funds shall be
made available under this heading immediately upon enactment
of this Act.

Department of State

Migration and Refugee Assistance

For an additional amount for ``Migration and Refugee
Assistance'', $25,000,000, to remain available until
expended: Provided, That funds appropriated by this paragraph
shall be available to respond to the humanitarian crisis in
the Darfur region of Sudan and in Chad: Provided further,
That such amount is designated as an emergency requirement
pursuant to section 502 of H. Con. Res. 95 (108th Congress):
Provided further, That such amount shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined in H.
Con. Res. 95 (108th Congress), is transmitted by the
President to Congress: Provided further, That funds shall be
made available under this heading immediately upon enactment
of this Act.

Mr. DeWINE. Mr. President, Monday, I came to the floor to outline
what we needed to see accomplished in Darfur, Sudan, where tens of
thousands have died, hundreds of thousands are currently in peril, and
millions more have lost their homes and their livelihoods. My last
speech focused on what the government of Sudan needed to do. Today I
want to focus on what we need to do, what the U.S. Government and the
American people need to do.
Today, I am offering an amendment to the fiscal year 2005 Department
of Defense appropriations bill, together with Senators Leahy,
Brownback, Alexander, Frist, and McCain. This critical amendment will
provide $95 million in emergency funding to help address the current
crisis in Darfur and eastern Chad. The House included the same $95
million in their bill this past Tuesday, and I hope we will do the
same.
Specifically, the amendment would add $70 million to USAID's
International Disaster and Famine Assistance programs in Darfur, as
well as $25

[[Page S7368]]

million to the Department of State for refugee assistance in eastern
Chad. This type of crisis is exactly why we created these accounts. Now
we need to use them.
Mr. President, we simply need to do this. Ten years ago, we failed to
act when close to a million people were slaughtered in Rwanda. We
cannot go back now and change that, much as we would like to. But we
can do something different today. What is occurring today is genocide.
Hundreds of thousands of people are dying, and we can prevent it. To
ignore this crisis would be a tragic mistake. To deny this funding
would be to deny children the right to live and people the right to
survive. We are not responsible for the genocide, but we will be
responsible if we do not do something today to prevent these people,
these children, men and women, from dying.
Many times, we come to the floor and talk about emergencies.
Sometimes the word is almost debased. But if ever there was an
emergency, this truly is an emergency. This truly is a crisis.
If this situation weren't so serious, we could wait and offer this
amendment to another bill. Members of the Senate, time does not allow
us to do that. Time is not on our side. Using this bill as the vehicle
will make the emergency funding available as soon as we pass it, and it
is signed into law. That is why we must act on this bill.
Every major humanitarian organization in the world has recognized
Darfur as the worst humanitarian crisis in the world today. But a quote
by the U.N. World Food Program Deputy Director in Chad captures it
best:

There will be a tragedy if nothing happens. I don't think
any of the children under the age of 5 will make it [if
nothing happens], and the pregnant women, too. For those who
are under 5, there is no chance. They will simply die from
starvation.

The U.S. Agency for International Development is also increasing
their mortality figures, their estimates. They now say their original
estimate that at least 350,000 people could die of disease and
malnutrition over the next 9 months is conservative. That is because
the violence that started all of this has not stopped, and because the
conditions those individuals are facing are getting worse with the
oncoming rains. Hundreds of thousands are now in shantytowns around the
regional capitals or in refugee camps in eastern Chad. The conditions
are quickly deteriorating because aid groups simply cannot accommodate
the large numbers. The United States is currently meeting about 25
percent of the food needs. But that means that 75 percent of the food
needs are not being met; 75 percent of the people face starvation.

Malnutrition and disease are our biggest enemies in a crisis such as
this. The polio epidemic hitting Africa has spread to Darfur, and only
50 percent of the children are immunized. The race against the clock is
well underway and we need to make sure that USAID and the State
Department have the money they need to respond, and respond now. I have
no doubt in my mind that the long-term needs in Darfur and eastern Chad
exceed what this amendment calls for, but for now at least this will
allow our aid agencies to begin to meet their immediate needs this
year. The children cannot wait and, therefore, we cannot delay these
funds any longer.
That is why I join my colleagues and ask my colleagues to join me in
pressing, also, for a U.N. security resolution authorizing peacekeeping
troops to monitor the cease-fire in Darfur and ensure, by force if
necessary, that humanitarian aid is not obstructed. According to the
U.S. Ambassador to Sudan, there is no evidence yet that the Government
of Sudan is serious about addressing the militias which have caused so
much of this problem. If the Government of Sudan refuses to address the
ethnic cleansing that we have seen, then we should make sure the United
States will.

Senator Durbin and I have a letter that we are now circulating that
we will send to Secretary Powell. This letter addresses this issue, and
I invite my colleagues to sign this letter.
Finally, I want to alert my colleagues to another crisis that is
beginning to emerge in Africa. We do not have time today to speak in
detail about it, but we should watch for this crisis because we will
have to address this crisis as well, and the world needs to address
this crisis, and that is the crisis in the Congo.
Militant groups who escaped from Rwanda after the genocide there are
now destabilizing the Congo. Mr. President, 3.3 million people are
without humanitarian aid.
If we do not pay attention to the Congo, then the Congo is, in a
short period of time, going to also look like Darfur, and we will have
failed again and the world will have failed again.
The world must pay attention. We must learn to stop these events
before they become crises. That is why our response to Darfur today in
this amendment is so important. We need to set the precedent that we
failed to set in Rwanda: that the U.S. Government will be watching for
ethnic cleansing and genocide, and no matter where it is found, we will
respond, and those responsible will be held accountable.
We simply cannot tolerate crimes against humanity, and we must speak
out. If we fail in this effort, we doom not only the people of Darfur
but the victims of future conflicts as well. We need to make ``never
again'' a promise of the U.S. Government that is enforced by our
actions. I, therefore, urge my colleagues to support this amendment and
continue to call attention to what is happening in Darfur.
I yield the floor.
The PRESIDING OFFICER. The Senator from Kansas.
Mr. BROWNBACK. Mr. President, I join my colleague from Ohio in
supporting this amendment that will put forward $95 million in
emergency aid to the Sudan. I thank him for bringing this forward. I
thank the Chair for holding a hearing on this recently to highlight
what is taking place. He outlined what is occurring. This is happening
before our very eyes.
I associate myself with my colleague's statement that we need to say
to people around the world that when genocide occurs, we will respond.
There will be consequences on governments that conduct genocide in
their nations.
What we are seeing taking place today is something on a massive scale
before our very eyes. We had satellite photographs appearing today. We
see vast sections of communities wiped out, burned out. We see militias
going in, backed by the government, burning communities, poisoning
wells, putting dead animals down in the bottom of wells so they are not
usable.
This is a marginal region in the first place, where, if you push
people out of their homes and away from their encampments, it is
difficult to survive. We now have by estimates about 1 million people
on the move in this region. We have, by estimates, the capacity to feed
300,000 people, with 1 million people on the move. One can see that if
the situation does not improve, we are going to have a large group of
people who are not going to get fed, housed, and are vulnerable. Many
will die. Many will perish. We are going into the rainy season in this
region.
There are a couple of items we need to do. No. 1, we need to get this
aid passed. I thank the chairman for allowing us to bring up this
amendment, and I urge my colleagues to adopt it. We need to get the
international community engaged with the international observers, the
African Union, the United Nations, with observers and peacekeepers in
this region. We need to force the Sudanese Government to stop their
sponsorship of the Jingaweit. This is the Arab militia that is going
into the region and burning communities and attacking communities with
machine guns.
We need to stop the Sudanese Government from using helicopter
gunships for aerial bombardments, from going into these communities and
driving people out, killing them with bombings or by military attacks.
We need to speak very clearly and then act decisively.
Time is of the essence. We need to act now for us to be able to save
the lives in this region that are so vulnerable and will be lost if we
do not act.
I applaud the Secretary of State for announcing today that he will be
traveling next week to the Darfur region in the Sudan. Congressman Wolf
and I will be traveling there shortly as well to view this situation
and to put pressure on the Sudanese Government to stop this and to put
pressure on the international community to effectively respond.
We can act, and we can stop this if we act now. Mother Teresa, when
she

[[Page S7369]]

came to this country and people were asking her what can they do to
help the poor, to help those in trouble, responded by saying: We all
have our Calcuttas. There are things each of us can do. We all have our
Calcuttas.
Here is a situation to which we can respond. We can do something. We
need to adopt this amendment. We need to put pressure on the
international body and the Sudanese Government, and we can save lives
by doing so. I urge the adoption of this amendment.
I yield the floor.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. DURBIN. Mr. President, I ask unanimous consent to be added as a
cosponsor of this important amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DURBIN. Mr. President, I particularly wish to thank my colleague,
Senator DeWine from Ohio, for his leadership, Senator Brownback from
Kansas, and the Presiding Officer, Senator Alexander, for their
leadership on this amendment.
In my hometown of Springfield, IL, my wife and I live next door to
this family--we have lived in the neighborhood for over 25 years--and
one of the young women in that family, after serving several years in
the U.S. Air Force, left to work for the World Food Program, and then
work for USAID. As we speak, she is in Sudan trying to bring necessary
relief in this horrible situation.
It is in Robin May's honor that I am happy to add my name as a
cosponsor to this important amendment.
I also acknowledge with gratitude the helpfulness of Senator Stevens
and Senator Inouye in allowing us to offer this amendment.
If one reads the history of the last 10 years, one will be struck by
the fact that at least in the situation of Rwanda, if not in other
times, we in the United States turned a blind eye to genocide, to the
massive killing of innocent people. We are not going to let that happen
in the Sudan and Chad.
This commitment of funds, though modest in relation to the problems,
shows that the United States is willing to step up and try to show
leadership with the rest of the world in helping these poor innocent
victims.
We are constantly defining ourselves to the world. Those definitions
come out many times in photographs that are not complimentary and
sometimes in photographs that are. I hope the world, in viewing this
small but important effort, will understand that America does care, and
cares for those who are suffering in the most remote regions of the
world and in Africa, of course.
I am happy to add my name as a cosponsor to this amendment. I hope it
is adopted with overwhelming support.
I yield the floor.
The PRESIDING OFFICER (Mr. DeWine). The Senator from Tennessee.
Mr. ALEXANDER. Mr. President, I thank the Senator from Ohio and the
Senator from Illinois for their remarks. The Senator from Kansas has
spent a great deal of time in Africa and has been a good teacher to the
rest of us on this subject. The majority leader, Senator Frist, has
visited the Sudan many times. All of us are deeply concerned about what
is happening in Darfur. Just at the time when we were starting to
celebrate the beginning of a solution to a north-south conflict which
has gone on for years and years, suddenly we are hit, literally in the
face, with this terrible genocide in the western part of Sudan.
It is important to this body that we show that in the midst of all of
the other things that are going on in the world that we recognize this
situation.
We recognize the importance of it. We recognize that by our speaking
out, by our actions, by visits by representatives of our
administration, and by the Congress, we can make a difference in this
genocide.
As the Senator from Ohio remarked, we all look back 10 years to a
time in Rwanda when we were thinking that we cannot be a policeman
everywhere in the world, we cannot deal with every problem, but at the
same time that problem ballooned to such a massive size we are all
embarrassed about the fact that as a country we did not do more.
That does not always mean we send troops into a country. It does not
always mean we send ships nearby a country. But it does mean there are
a number of things we can do, and with this bipartisan act today in the
midst of perhaps the most important bill we have to discuss, which is
the proper support for the men and women who are fighting to defend our
country, we are taking a few minutes to say there is a terrible event
happening in the western part of Sudan that could stop immediately if
the Government in Khartoum would stop it. We ask them to do it in a
bipartisan way and we further ask the United Nations, which in this
case has more of a capacity than we do, to influence that government
and to get busy and do its job. That is what we are asking today. The
amendment of the Senator from Ohio appropriates $95 million to help in
that effort.
Last week I chaired a hearing of the Senate Foreign Relations
Committee on the situation in Sudan. The alarm could not have been
sounded more loudly. I chaired that hearing because I am chairman of
the African Affairs Subcommittee. One of our witnesses, John
Prendergast of the International Crisis Group, told the committee the
first phase of the genocide in Darfur is already complete. The
Government of Sudan, largely through its Janjaweed militia, has pursued
an active campaign of ethnic cleansing. Over 30,000--maybe 50,000--have
already been killed by direct attacks on villages in Darfur. They have
leveled hundreds of villages. Other Senators have spoken of the
details, but that is what is happening.
So now the second phase of the genocide is underway. The Government
of Sudan and its militias are forcing the starvation and death of
hundreds of thousands of people. As the Senator from Kansas explained,
these are people living on the margin. When they are moved away from
their huts, when dead animals or dead people are thrown down their
wells, they have very little ability to survive. As the rainy season
comes, it makes it worse.
On top of that, the Government of Sudan, in addition to tolerating
the killing of these people, is putting obstacles in the way of our
efforts and the efforts of others in the world to provide food and aid
to people who are starving and dying. It is an unconscionable set of
actions by that government.
When we think of Sudan, we usually think of a conflict between a
Muslim and Arab government, and an African and Christian insurgency.
That is not the case here. This is Muslim against Muslim, but still
Arab against African. Ethnicity, not religion, is the primary factor.
Another of our witnesses, Julie Flint of Human Rights Watch, was
there writing a report this spring, travelling by horse and camel
through the area. She talked about refugees who fled to neighboring
Chad, about 200,000 of them, family members being raped and killed in
front of loved ones. She said the region is now largely empty. Where
villages were, only rubble remains. The Sudanese Government claims the
Janjaweed forces in Darfur are acting on their own and the government
wants to stop them. The evidence suggests otherwise.
Our administration has been a strong voice in this case, but the
international community has failed to respond. The U.N. Human Rights
Commission, which is supposed to confront flagrant abuses of human
rights, especially when they occur on such a mass scale, failed to
adopt a U.S. resolution condemning the atrocities. That body has become
a travesty, condoning the very activity it was intended to prevent.
The Bush administration, this Government, has had remarkable success
in the peace process between the north and the south. We are proud of
that. Protocols addressing all the major outstanding issues in that
process were signed in May. Senator Danforth, who was the President's
special envoy, has been a real leader. Other nations have joined in
that effort: Great Britain, Norway, Kenya.
Some of our friends are concerned if we confront the government in
Khartoum, Sudan, too directly about the atrocities in the west, Darfur,
that will jeopardize any prospect for lasting peace in southern Sudan.
They may be right. But if hundreds of thousands of lives are the price
of peace in southern Sudan, the price is too high.
So the amendment of the Senator from Ohio, which I am glad to
cosponsor, will enable the United States to

[[Page S7370]]

step up to this crisis quickly, providing relief to those in need.
Other nations are also contributing. I hope they will join the United
States in condemning the actions of the Sudanese government in the U.N.
Security Council and demand full humanitarian access to Darfur now. I
congratulate the Senator from Ohio on this amendment. I am proud to
support it.
I yield the floor.
Mr. LEAHY. Mr. President, I rise today to lend my strong support to
the amendment offered by the Senator from Ohio. I would also like to
recognize the leadership that the Senator from Kansas, Mr. Brownback,
and the Senator from Wisconsin, Mr. Feingold, have shown on the issue
of Sudan throughout the years.
This amendment mirrors efforts in the House of Representatives
appropriations bill to add $95 million to address the humanitarian
crisis in Darfur, Sudan and across the border in Chad.
It is a good start and I commend the chairman and ranking member of
the Defense Subcommittee for accepting this amendment. However, it is
only a start, and a modest one at that.
We should be providing at least double this amount to address what is
the worst humanitarian crisis that exists in the world today. I hope
that by the time we conclude debate on this bill the Senate will have
agreed to additional funds for Sudan.
The Senate needs to act. The situation is abysmal. The situation is
horrendous. The situation is intolerable.
Sudanese military forces and government-backed militia forces have
left tens of thousands dead, over a million displaced, and hundreds of
thousands at immediate, urgent risk. USAID has warned that without full
humanitarian access, 350,000 displaced civilians may die or hunger and
disease in the coming months.
The massacres and widespread rapes, the destruction of villages,
mosques and farms--all of this violence and horror have given rise to a
second, even more costly wave of suffering, as civilians are left with
no capacity to sustain themselves as the rainy season approaches.
On top of this, the Sudan-Chad border is heavily patrolled to keep
some of the most vulnerable civilians from fleeing to refugee camps in
eastern Chad.
What is happening is appalling, it is an affront to all humanity, to
all faiths, and we cannot stand by and simply watch this unfold.
The Sudanese government claims to have granted humanitarian access to
Darfur. This is a sham. The government of Sudan has done virtually
everything it can to prevent the international community from
effectively addressing the crisis in Darfur. The government has stalled
and delayed permission to travel, prevented the use of vehicles and
radios in certain areas, and looked the other way as militias have
attacked and threatened humanitarian workers.
Hundreds of thousands of people are at risk. We have a responsibility
to act to address this terrible situation. I urge my colleges to
support the DeWine amendment and I will be looking for ways to do more
to help the catastrophe unfolding in Sudan.
Mrs. FEINSTEIN. Mr. President, I rise to express my support for the
amendment introduced by Senator DeWine to provide humanitarian
assistance for the refugees in Darfur, Sudan. Of all the places on
Earth, where killing and deaths are rampant, Darfur, Sudan leads the
list.
The DeWine amendment will provide $95 million to respond to the
crisis, including $70 million for International Disaster and Famine
Assistance and $25 million for Migration and Refugee Assistance.
In response to attacks by rebel groups in the Western region of
Darfur, Arab militias, known as Jangaweed, armed and aided by the
government of Sudan, launched a brutal campaign of ethnic cleansing
against non-Arab residents, including murder, rape, forced
displacement, and looting. Over 30,000 have been killed and more than 2
million displaced.
The situation is dire. While the United Nations Security Council
recently endorsed the peace process to end Africa's longest running
civil war, USAID Administrator Andrew Natsios estimated that 300,000
refugees from Darfur may perish due to a lack of basic food and
medicine. He added that that number could reach as high as one million.
Secretary of State Colin Powell has stated that the Administration is
currently studying whether or not the rampage in Darfur can legally be
defined as ``genocide''.
Whatever the legal conclusion--and in this Senator's mind the
killings most certainly can be characterized as genocide--the United
States and the international community have a moral obligation to
provide assistance to the refugees and compel the government of Sudan
to put a stop to the death squads.
It is past time for the U.N. Security Council to pass a resolution
authorizing a robust monitoring and peacekeeping force and demanding
that the government of Sudan disarm the Jangaweed and allow
humanitarian assistance to reach the refugees.
Sadly, it appears that debate over such a resolution could take weeks
and put countless lives at risk. Inaction will also threaten the peace
process that so many people, including the new U.S. Ambassador to the
United Nations, John Danforth, have worked so long to put in place.
While the Security Council waits, the U.S. Senate can act now.
Earlier this month, Mr. Natsios pledged an additional $188.5 million in
emergency assistance to address the humanitarian crisis in Darfur.
While this amendment does not match that amount, it is a start and it
will give the refugees some hope.
Ten years ago the world remained silent and stood by as the genocide
unfolded in Rwanda. In the wake of hundreds of thousands of deaths, we
committed ourselves to not make the same mistake twice.
The situation in Darfur is now testing the United States and the
international community's will to fulfill that pledge. We must not fail
those who are now facing displacement, starvation, and death. We must
rise to the occasion.
The PRESIDING OFFICER. The Senator from Alaska.
Mr. STEVENS. I ask unanimous consent that this amendment be
temporarily set aside so I can send to the desk an amendment which has
been agreed to.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 3497

Mr. STEVENS. I send an amendment to the desk for the Senator from
Vermont, Mr. Leahy.
The PRESIDING OFFICER (Mr. Alexander). The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Leahy,
proposes an amendment numbered 3497.

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

(Purpose: To set aside an amount for procurement of aircrew bladder
relief (ABRD) kits)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated by title under the
heading ``Other Procurement, Air Force'', up to $2,000,000
may be used for aircrew bladder relief device (ABRD) kits.

Mr. STEVENS. I ask for adoption of the amendment. This is an
amendment earmarking specific funds for a specific project for our
crews.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 3497) was agreed to.
Mr. STEVENS. Mr. President, I move to reconsider the vote.
Mr. INOUYE. 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 bill clerk proceeded to call the roll.
Mr. STEVENS. I ask unanimous consent the order for the quorum call be
rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. STEVENS. I ask unanimous consent Senator Dole be added as a
cosponsor to amendment No. 3493.
The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page S7371]]

Mr. STEVENS. Mr. President, I urge Senators to come present their
amendments.
We will be pleased to yield the floor to the distinguished Senator
from South Dakota, the Democratic leader.
The PRESIDING OFFICER. The Democratic leader is recognized.
Mr. DASCHLE. Mr. President, let me again compliment our two managers.
We want to encourage Senators to come over and offer their amendments.
I hope over the course of the next couple of hours we can dispose of
whatever pending amendments there are.
Mr. President, I understand the pending legislation is an amendment
offered by the Senator from Ohio regarding Sudan.
The PRESIDING OFFICER. The Senator is correct.
Mr. DASCHLE. Mr. President, the history of the world's response to
genocide is one of long memory and poor eyesight.
Each of us have, at one time or another, looked back upon the
terrible history of the Holocaust and made a commitment, in public or
in our hearts, not to stay silent should the first signs of a potential
genocide come into view.
Every one of President Bush's six immediate predecessors gave voice
to this common commitment. And yet each saw during their tenure a
genocide somewhere in the world.
In the last quarter of the twentieth century, 1.7 million Cambodians
were murdered by the Khmer Rouge; 100,000 Kurds were massacred by
Saddam Hussein; 200,000 Bosnia Muslims were killed by Serb militia; and
800,000 Rwandan Tutsis and moderate Hutus were killed at the hands of
Hutu mobs in just 100 days.
As these dangers gathered, and the cry for help went out to the
world, the world stood by, each time.
Our failure has not been one of moral understanding. Our failure,
simply, has been one of moral courage.
Today, a tragedy of all too familiar dimensions appears to be
gathering in the Darfur region of Western Sudan.
Armed and protected by the Sudanese military, ethnic Arab militiamen
have brought a plague of terror down on the African residents of
Darfur.
Villages have been razed, crops destroyed, and cattle slaughtered.
Women have been raped and enslaved.
More than 15,000 Sudanese men, women, and children have been killed,
and a million more have been driven from their homes in fear.
As they torch villages, the Arab militia have been heard to shout,
``We will not allow blacks here. . . . This land is only for Arabs.''
On May 6, the Senate passed a resolution condemning the Sudanese
government's complicity in the terrorizing of the civilian population
of Darfur and warning of a potential crisis.
Since then, however, no real progress has been made either to stop
the bloodshed or to bring sufficient aid to the refugees.
Humanitarian assistance has not been allowed to reach all of those in
need.
Meanwhile, the annual rainy season is now beginning, making
transportation more difficult, and making the health of the vulnerable
even more precarious.
Most ominously, the people of Darfur are about to miss their planting
season, raising the specter of a famine of epic proportions and
rendering otherwise productive men and women dependent for at least
another year.
Already, USAID predicts 320,000 have been effectively sentenced to
death. Unless action is taken, 1 million Sudanese men, women, and
children will die this year alone.
I repeat, 1 million people face death in Sudan.
Let's also be clear on this point. Most of these deaths are
preventable, but only if the world chooses to act.
Genocide is a crime against humanity. And all humanity shares a
common responsibility to respond.
Our revulsion at genocide joins all people, in all cultures
throughout the world. Unilateral action in this sense would not be
sufficient.
There are few clearer cases for the need to rally the world. America
has both the opportunity and the obligation to unite the world
community in trying to prevent yet another genocide.
My friends from Ohio and Vermont, Senators DeWine and Leahy, are
urging us to take the first important step in stopping this gathering
storm. This additional assistance will help thousands of people avert
hunger.
But we also must ensure that we do everything possible to end this
crisis.
The most effective tool against a potential disaster in Sudan is the
United Nations.
The Bush administration must equip our new ambassador to the United
Nations with the authority and support required to provide effective
leadership on Sudan.
The administration should take the following steps in order to make
sure that Senator Danforth is able to mobilize international action on
Darfur:
First, the Administration must insist that Khartoum provide complete,
unrestricted access for all humanitarian operations and aid workers.
Second, we must demand that the Sudanese government take verifiable
steps to ensure that the militia forces are restrained, by allowing for
the unrestricted movement and operations of observers deployed by the
African Union.
In addition, the Sudanese government must stop providing arms and
logistical support to the Janjaweed militia.
Third, we should require that Khartoum initiate, with U.N., African
Union, and regional support and involvement, a dialogue with political,
rebel, and civil society representatives in Darfur in order to achieve
a long-term resolution of the political crisis and agreement on a plan
for disarming militia forces and rebels.
Fourth, the administration should invest Senator Danforth with the
authority to start work immediately on a Security Council resolution
including each of these steps and establishing verifiable benchmarks
for compliance.
In the event of noncompliance, we must call for Security Council
sanctions, including freezing the assets and restricting the travel of
Sudanese government officials.
In order to be effective, however, it is vital, that these sanctions
be multilateral and the world community share fully in their
implementation.
Fifth, Senator Danforth should also be empowered to put Khartoum on
notice, in the strongest terms, that international support for
implementation of the North-South peace agreement does not represent
endorsement of Khartoum's actions in Darfur.
The agreements reached between warring parties in the North and South
of Sudan, which could not have been accomplished without the leadership
of Senator Danforth and the administration, are nonetheless just the
first steps to bringing stability and peace to the entire country.
In no way does the Sudanese government's commitment to end
hostilities with rebels in the South justify or compensate for its
active support for Janjaweed militia in Darfur.
Sixth, in order to clarify Senator Danforth's authority, the State
Department should make its final determination on whether the crisis in
Darfur meets the legal definition of genocide.
Testimony from the victims in Darfur make it very clear that it does.
In order to remove any ambiguity or ambivalence from America's moral
leadership, the State Department should make its determination quickly,
so that we can bring together an appropriate response from the world
community.
Finally, Senator Danforth should be empowered to initiate discussions
within the Security Council on planning for an intervention force, if
this should be required to ensure that lives are saved and a genocide
prevented.
Consideration should be given to non-U.S. troops including from
Europe and Africa; the Security Council should consult with the African
Union.
The main point here is that the planning must be done now--even if
the decision is delayed--both to make clear to Khartoum that the
international community is serious and to be ready if it is necessary
to intervene.
The history of genocide teaches us that this crisis needs to be
addressed on several different levels.
First, on the humanitarian level, we need to provide immediate aid to
refugees and to the internally displaced.
Second, we must insist on full accountability for all perpetrators of
crimes against humanity.
In order to keep Sudan from spiraling downward into a cycle of
retributive

[[Page S7372]]

violence, all those responsible must be brought to justice.
Finally, a long-term resolution demands that the world focus on
bringing about a political solution to the instability and violence of
Sudan.
President Bush has spoken with force and eloquence on the need to
match American action to American words and values.
Never is that more important than in the case of genocide when the
lives of hundreds of thousands hang in the balance.
President Bush, like his predecessors, understands the moral
imperative to take action to stop genocide.
Speaking after a tour of the Holocaust Museum in 2001, President Bush
reaffirmed ``America's commitment to the memory of 6 million who died
in the Holocaust [and] our commitment to averting future tragedies.''
The future has arrived. A tragedy stands at the world's doorstep.
These words are engraved upon the conscience of the world: Never Again.
In the months ahead, we will learn what they mean to us.
Mr. STEVENS. Mr. President, I ask that amendment No. 3493, which is
the Sudan amendment, be agreed to.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 3493) was agreed to.
Mr. STEVENS. The Senator from Virginia has an amendment, and I
understand the Senator from South Dakota, the distinguished minority
leader, wishes to have a discussion.
The PRESIDING OFFICER. The Senator from Virginia.

Tricare

Mr. WARNER. Mr. President, I am available for the colloquy.
The PRESIDING OFFICER. The Democratic leader.
Mr. DASCHLE. Mr. President, the Senator from South Carolina is not on
the Senate floor, but I do not think he would mind, given the fact----
Mr. WARNER. Mr. President, he spoke to me about it, and I expressed a
willingness to indicate to both colleagues that the Senate bill
contains a provision coauthored by my two distinguished colleagues on a
subject that is of great importance to the men and women of our
military. And it is the intention of the Senator from Virginia, as a
conferee, to support the Senate positions as we proceed through the
resolution of such differences as the House and the Senate may have.
Mr. DASCHLE. Mr. President, I appreciate the statement of support
offered by the distinguished chairman of the Armed Services Committee.
It had been our intention to offer an amendment to provide full 12-
month funding, on this particular bill, for reservists' TRICARE.
I thank the distinguished chairman of the committee and our
remarkable ranking member for their efforts and the acknowledgment of
the need to address health care concerns among members of our Guard and
Reserve. They have done so in this bill in a way that allows Guard
members and reservists to obtain this health care coverage for 5
months, up until that time next year when we expect a supplemental to
be brought again before the Senate, which would then afford us an
opportunity to review the current program and extend it for the balance
of the year. It would be in consultation with Senator Graham.
We have concluded that a far better and more productive and long-
lasting approach would be to complete our work in the bill where it
belongs, the Defense authorization bill, the legislation we completed
just last night, thanks to the able leadership of Chairman Warner.
Our concern, of course, has been that even though TRICARE for
reservists enjoyed the support of more than 70 Members, there may not
be the degree of support in conference that will be required to sustain
the Senate position. So it is our hope that will happen. The chairman's
acknowledgment of his interest in protecting the Senate position is
appreciated, and we will work with him to see that we are successful in
that effort in committee.
Mr. WARNER. Mr. President, as always and customary with the
distinguished Senator from South Dakota, you have spoken to the
situation factually. Historically, that is the way we have dealt with
those matters in the Senate. I appreciate you respect my position as a
conferee. I cannot make ironclad commitments, other than I have always
gone into a conference to try to support the position as taken by this
collective body in its decisionmaking process.
Mr. President, I thank my colleague.
Mr. DASCHLE. Mr. President, I again thank the chairman. Simply
stated, it is our expectation that we will succeed in conference this
year. This issue has overwhelming bipartisan support not only in the
Senate but the House as well. And, obviously, it will keep coming back
year after year unless we do resolve it. It would be my hope this would
be the year we do so successfully.
So, again, I thank my colleagues, and I yield the floor.
The PRESIDING OFFICER. The Senator from Alaska.

Amendment No. 3498

Mr. STEVENS. Mr. President, I send an amendment to the desk on behalf
of the Senator from Virginia, Mr. Warner.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Warner,
proposes an amendment numbered 3498.

Mr. STEVENS. 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:

(Purpose: To increase amounts for certain Navy shipbuilding and
conversion programs, projects, and activities; and to provide an
offset)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. (a) Of the amounts appropriated by title III
under the heading ``Shipbuilding and Conversion, Navy''--
(1) the amount provided under that heading specifically for
the Carrier Replacement Program (AP) is hereby increased by
$140,900,000;
(2) the amount provided under that heading specifically for
CVN Refuelings (AP) is hereby increased by $110,000,000; and
(3) the total amount provided under that heading is hereby
increased by $250,900,000.
(b) The amount of the reduction provided in section 8062(a)
is hereby increased by $250,900,000.

Mr. STEVENS. Mr. President, I state to the Senate that this amendment
has been cleared on both sides, and it is revenue neutral, as I
understand it.
Mr. WARNER. Mr. President, I thank the distinguished managers of the
bill. I appreciate that. This is a matter that is of great importance
to the U.S. Navy. I am happy to do it.
Mr. STEVENS. Mr. President, I ask unanimous consent that Senator
Allen of Virginia be added as a cosponsor to the amendment.
Mr. WARNER. Mr. President, I join in that request.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. STEVENS. Mr. President, has the amendment been adopted?
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3498) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3499

Mr. STEVENS. Mr. President, I send an amendment to the desk on behalf
of Senator Roberts and ask that it be considered.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Roberts,
proposes an amendment numbered 3499.

The amendment is as follows:

(Purpose: To make available, from amounts appropriated for ``Research,
Development, Test, and Evaluation, Air Force'', $6,000,000 for the
Science, Mathematics, And Research for Transformation (SMART) Pilot
Scholarship Program)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated or otherwise made
available by title IV of this Act under the heading
``Research, Development, Test, and Evaluation, Air Force'',
up to $6,000,000 may be available for the Science,
Mathematics, And Research for Transformation (SMART) Pilot
Scholarship Program.

Mr. STEVENS. Mr. President, this amendment would make available up

[[Page S7373]]

to $6 million for a program that the Senator seeks to have considered.
I urge its adoption. It has been cleared on both sides.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3499) was agreed to.
Mr. STEVENS. Mr. President, I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3500

Mr. STEVENS. Mr. President, I send to the desk an amendment on behalf
of Senator Santorum and ask that it be considered.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Santorum,
proposes an amendment numbered 3500.

The amendment is as follows:

(Purpose: To make available, from amounts appropriated for ``Operation
and Maintenance, Defense-Wide'', $5,000,000 for Department of Defense
Education Activity for the upgrading of security at Department of
Defense dependents schools)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated or otherwise made
available by title II of this Act under the heading
``Operation and Maintenance, Defense-Wide'', up to $5,000,000
may be available for Department of Defense Education Activity
for the upgrading of security at Department of Defense
schools.

Mr. STEVENS. Mr. President, this amendment on behalf of the Senator
from Pennsylvania would make available up to $5 million for a project
the Senator supports. It has been cleared on both sides. I urge
adoption of the amendment.
The PRESIDING OFFICER. Without objection, it is so ordered. The
amendment is agreed to.
The amendment (No. 3500) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3501

Mr. STEVENS. Mr. President, I send an amendment to the desk on behalf
of the Senator from Pennsylvania, Mr. Santorum, and I ask for its
consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Santorum,
proposes an amendment numbered 3501.

The amendment is as follows:

(Purpose: To make available, from amounts appropriated for ``Research,
Development, Test, and Evaluation, Army'', $3,000,000 for Medical
Advanced Technology for the Intravenous Membrane Oxygenator)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated or otherwise made
available by title IV of this Act under the heading
``Research, Development, Test, and Evaluation, Army'', up to
$3,000,000 may be available for Medical Advanced Technology
for the Intravenous Membrane Oxygenator.

Mr. STEVENS. Mr. President, this amendment would make available up to
$3 million for another project that the Senator from Pennsylvania
supports. I urge its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3501) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. STEVENS. Mr. President, I state to the Senate that we have
several Senators who have indicated they have amendments. I urge they
come to the floor. We have business to conduct today following
completion of this bill. We do hope we can complete this bill as early
as possible. We do urge that Senators come to the floor.
Mr. President, I believe our distinguished colleague from West
Virginia is here to offer an amendment.
I yield the floor.
The PRESIDING OFFICER. The Senator from West Virginia.
Mr. BYRD. Mr. President, I thank my distinguished friend, the
chairman of the Committee on Appropriations.

Amendment No. 3502

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

The Senator from West Virginia [Mr. Byrd] proposes an
amendment numbered 3502.

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

(Purpose: To express the sense of the Senate on budgeting and funding
of ongoing military operations overseas)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. It is the sense of the Senate that--
(1) any request for funds for a fiscal year for an ongoing
military operation overseas, including operations in
Afghanistan and Iraq, should be included in the annual budget
of the President for such fiscal year as submitted to
Congress under section 1105(a) of title 31, United States
Code; and
(2) any funds provided for such fiscal year for such a
military operation should be provided in appropriations Acts
for such fiscal year through appropriations to specific
accounts set forth in such Acts.

The PRESIDING OFFICER. The Senator from West Virginia.
Mr. BYRD. Mr. President, last year, the Senate overwhelmingly
approved an amendment that I offered to urge the President to budget
for ongoing military operations. Mr. President, 81 Senators agreed that
the administration should include in its budget request, which is sent
to Congress in February each year, an estimate of the funds needed to
support our troops in Iraq and Afghanistan.
The sense-of-the-Senate amendment that I authored was included in the
fiscal year 2004 Defense Appropriations Act, as signed into law by the
President on September 30, 2003. But there was no request for funds for
our troops deployed overseas in the budget that came to Congress on
February 2, 2004. That budget was stone-cold silent about our troops in
Iraq and in Afghanistan.
It was as if the White House had no plan for how to pay our troops
overseas, or how to pay for their fuel and ammunition. We sometimes
hear Korea described as the forgotten war, but the President's budget
forgot about the wars ongoing in Iraq and Afghanistan.
Senators on both sides of the aisle realized the folly of ignoring
the massive costs of the wars in Iraq and Afghanistan. In an act of
fiscal responsibility, the chairman of the Senate Budget Committee
included in his mark of the fiscal year 2005 budget resolution an
additional $30 billion reserve fund for the costs of the wars. The
House of Representatives went even further by including a $50 billion
reserve fund in its version of the budget resolution. Again, these
funds were not requested by the President, but Congress decided to
include them for the sake of fiscal sanity.
The Defense appropriations bill before the Senate today includes $25
billion to pay for our troops in Iraq and Afghanistan. The White House
requested these funds literally at the last minute. The Armed Services
Committee had completed its markup of the Defense authorization bill
the week before the administration submitted its request for these
moneys. Talk about hiding the ball, the administration stiff-arms
Congress by not making any budget estimate for Iraq and Afghanistan
until after the markup of the Defense authorization bill is completed.
Does anyone think this $25 billion will cover the cost of the wars
for the next 12 months? Not a chance, Mr. President. According to the
Department of Defense, the cost of operations in Iraq now averages $4
billion per month. The cost of operations in Afghanistan is up to $900
million-plus per month. At that rate of spending, the President's $25
billion reserve fund will not even last half a year.
Talk about short-changing our troops.
That is why, for better or worse, the White House is planning on
springing a supplemental budget request of $50 billion or more on
Congress and the American taxpayer sometime next year.
Tragically, all of these funds are being financed by deficit
spending.

[[Page S7374]]

Since the administration refuses to send Congress an estimate of how
much the wars in Iraq and Afghanistan will cost, much less any plan for
how to pay for those costs, each last-minute emergency request for
funds that the President sends to Congress sends our country deeper
into red ink.
Congress has already devoted $122 billion to Iraq, and every single
dollar of that amount is going to have to be paid off by the sweat and
toil of our children and grandchildren for decades to come, because it
is the taxes the future generations will pay that will be used to
finance the deficit spending of today. What kind of wars are we running
when we saddle our children, and their children yet to be born, with
the responsibility of paying for them?
I have heard all of the tired excuses about why the administration
does not want to estimate the cost of the wars in Iraq and Afghanistan.
I wish I had a nickel for every time I have heard someone say that the
cost of the war is ``unknowable.''
For example, on July 9, 2003, at a hearing of the Armed Services
Committee, I asked Secretary Rumsfeld for an estimate of how much is
being spent in Iraq and Afghanistan. His response? ``I would not want
to venture a guess and be wrong.'' I wouldn't accept that answer. I
told Secretary Rumsfeld to go call the Pentagon and find out. That's
exactly what he did, and he finally reported back that we were spending
$4.8 billion in Iraq and Afghanistan every month.
That's why I just don't buy it when the administration says it has no
idea what it might cost to finance ongoing military operations. It is
an open secret that the Defense Department is well able to produce an
estimate of the cost of its operations. The only problem is that
Congress has been continually stiff-armed in our attempts to learn
about those estimates.
I have also heard time and again that the United States never budgets
for the cost of wars in advance. That is just not true. The
Congressional Research Service does state that ``since 1990, Congress
generally has funded combat operations with supplemental
appropriations.'' However, the Congressional Research Service also
concludes that as military operations become more predictable, such as
in peacekeeping operations, Congress begins to fund those operations by
a combination of regular budget appropriations and supplemental
appropriations and, eventually, by regular appropriations alone.
Aside from the last decade, there is a long history of Presidents
requesting funds in regular appropriations bills for ongoing military
operations. CRS has reported that President Roosevelt requested regular
appropriations for the conduct of World War II in fiscal years 1943,
1944, 1945, and 1946. Presidents Johnson and Nixon received funding for
the Vietnam War in every Defense Appropriations Act from fiscal year
1966 through 1973. In fact, there were no supplemental appropriations
bills for the Vietnam War after 1969.
Even in more modern times, ongoing military operations in Bosnia,
Kosovo, and the patrol of the no-fly zones over Iraq were made part of
the regular budget and appropriations process. The amendment that I
offer to urge the President to budget for the wars in Iraq and
Afghanistan isn't a break with how our government pays for wars. My
amendment says that the President should stick with historical
precedent and fiscal responsibility in budgeting for the wars that we
are now in.
The amendment that I offer today is precisely the same amendment that
I offered to last year's Defense Appropriations bill, which was
supported by 81 Senators. The amendment simply states the sense of the
Senate that the President should request funds for ongoing military
operations in his regular budget request, and that such funds should be
appropriated in regular accounts.
The administration's practice for paying for the ongoing wars in Iraq
and Afghanistan must change. This week, Deputy Defense Secretary
Wolfowitz acknowledged to a House committee that our troops could be in
Iraq for years to come. If that is true--and I hope that it is not--now
is the time for Congress to get serious about making the President
figure out a budget plan for paying for the massive cost of a long-term
military presence in Iraq.
The alternative is to continue with the current administration
policy: more last minute spending requests, more reports that our
troops are running out of money, and more deficit spending. This is a
recipe for a fiscal disaster. Current White House policy on paying for
the war perpetuates an ongoing budgetary crisis for our troops
overseas: rather than planing for their needs, we force our troops to
bounce from one stop-gap spending measure to another. This is just
plain wrong.
Congress should not allow itself to be streamrolled. It should not
allow the President to send up an emergency supplemental, and then
demand immediate action by the Congress. That is now mistakes are made.
Last year, the President failed to request sufficient funds for body
armor for our troops. Last year, the President failed to request
sufficient funds for armor for Humvees. Last year, the President failed
to request sufficient funds for locating and destroying conventional
weapons in Iraq. Now all Americans know what tragic mistakes those
were. Congress must insist on receiving a detailed budget request for
the wars in Iraq and Afghanistan so that mistakes like those are not
repeated.
The Byrd amendment tells the President that he should budget for the
wars in Iraq and Afghanistan. This is a simple, common-sense approach
that promotes fiscal responsibility. The Senate already endorsed this
approach last year in an overwhelming vote, and I urge my colleagues to
support my amendment again.
I yield the floor.
The PRESIDING OFFICER. The Senator from Alaska.
Mr. STEVENS. Mr. President, we would be pleased to recommend the
adoption of the amendment offered by Senator Byrd. I believe, if he
would permit, we would be willing to adopt it on a voice vote. It was
adopted last year, the same amendment, as the Senator said, by a
substantial number of Senators. We see no reason not to support the
amendment this year. If the Senator wishes to offer it, we would be
pleased to have it.
Mr. BYRD. Mr. President, I thank my distinguished friend. I really
wish to have a rollcall vote on this amendment. It was a very popular
amendment last year. I thank the distinguished chairman for his
willingness to proceed on a voice vote.
Mr. STEVENS. We would be happy to have a vote, but could we agree to
a later time? There are a series of Senators in committee meetings
right now, and they asked not to be disturbed for at least another half
hour.
Mr. BYRD. Yes.
Mr. STEVENS. Could we ask for the yeas and nays and have a time
agreed upon between yourself and the two managers of the bill?
Mr. BYRD. That would be very satisfactory.
Mr. STEVENS. I ask unanimous consent that it be in order to request
the yeas and nays on this amendment at this time.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Mr. STEVENS. The yeas and nays are ordered?
The PRESIDING OFFICER. The yeas and nays are ordered.
Mr. STEVENS. Mr. President, I ask unanimous consent that Senators
Biden, Corzine, and Feingold be added as original cosponsors of
amendment No. 3493.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. STEVENS. Mr. President, for Members of the Senate, we are very
close to the end of the amendments that we know of, and we would
probably be proceeding to third reading after the Byrd amendment,
unless Members come forward and offer their amendments.

Amendment No. 3503

Mr. STEVENS. Mr. President, I have an amendment from the two Senators
from Mississippi, Senators Lott and Cochran. I ask that it be presented
to the Senate.
The PRESIDING OFFICER. The clerk will report.

The Senator from Alaska [Mr. Stevens], for Mr. Lott and Mr.
Cochran, proposes an amendment No. 3503.

The amendment is as follows:

[[Page S7375]]

(Purpose: To express the sense of Congress on the expansion of the
Global Hawk Maritime Demonstration Program to include forward deployed
forces of the Navy and the Marine Corps in the United States Central
Command area of operations)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. It is the sense of the Senate that--
(1) the Global Hawk Maritime Demonstration Program should
be expanded to include the participation of forward deployed
forces of the Navy and the Marine Corps in the area of
responsibility of the Commander of the United States Central
Command; and
(2) the Secretary of the Navy should compile the lessons
learned in the conduct of the demonstration program
specifically in that area of responsibility and incorporate
those lessons into the ongoing activities of the
demonstration program for the development of concepts of
operations.
Mr. STEVENS. Mr. President, it is a sense of the Senate concerning
the Global Hawk.
Mr. INOUYE. No objection.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3503) was agreed to.
Mr. STEVENS. Mr. President, I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3504

Mr. STEVENS. Mr. President, I send to the desk an amendment on behalf
of Senator Reed.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Reed of
Rhode Island, proposes an amendment 3504.

The amendment is as follows:

(Purpose: To make available, from amounts appropriated for Research,
Development, Test, and Evaluation, Navy, $3,000,000 to establish the
Consortium of Visualization Excellence for Underseas Warfare Modeling
and Simulation (COVE))

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated or otherwise made
available by title IV of this Act under the heading
``Research, Development, Test, and Evaluation, Navy'', up to
$3,000,000 may be available to establish the Consortium of
Visualization Excellence for Underseas Warfare Modeling and
Simulation (COVE).
Mr. STEVENS. Mr. President, this would make available up to $3
million for a project Senator Reed supports. We have cleared it and ask
that it be agreed to.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3504) was agreed to.
Mr. STEVENS. Mr. President, I move to reconsider the vote and to lay
that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3505

Mr. STEVENS. Mr. President, I send to the desk an amendment on behalf
of Senator Bayh.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Bayh,
proposes an amendment numbered 3505.

The amendment is as follows:
On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated by title under the
heading ``Operation and Maintenance, Army'', up to
$21,900,000 may be used for M1A2 Tank Transmission
Maintenance.
Mr. STEVENS. Mr. President, this amendment would make available up to
$21.9 million for a project the Senator supports. We have cleared the
amendment. I ask that it be agreed to.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3505) was agreed to.
Mr. STEVENS. Mr. President, I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3506

Mr. STEVENS. Mr. President, I send an amendment to the desk on behalf
of Senator Reed.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Reed,
proposes an amendment numbered 3506.

The amendment is as follows:

(Purpose: To make available, from amounts appropriated for Research,
Development, Test, and Evaluation, Navy, $2,000,000 to conduct a
demonstration of a prototype of the Improved Shipboard Combat
Information Center)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated or otherwise made
available by title IV of this Act under the heading
``Research, Development, Test, and Evaluation, Navy'', up to
$2,000,000 may be available to conduct a demonstration of a
prototype of the Improved Shipboard Combat Information
Center.
Mr. HATCH. Mr. President, I would like to compliment my friend,
Senator Stevens. He has been a tireless advocate for our Nation's
military and has ensured that our service members receive the highest
quality training possible. Senator Stevens has also not forgotten that
it is the families of our service members who play a vital role in
supporting our troops and Congress has a important responsibility to
lighten this heavy load. Therefore, I rise to ask the Senator's
thoughts about the Navy's determination to revolutionize its training
and leadership program curriculum.
Mr. STEVENS. I thank my colleague for his kind words. Improving the
already-high quality of training is one of the Committee's highest
priorities and, of course, this includes the Navy's training and
leadership programs. As the Navy seeks to determine the best system in
order to facilitate this modernization, the Committee encourages the
service to evaluate thoroughly the potential effectiveness of a
`character-based, principle-centered program' designed to teach
personnel how to efficiently focus and execute key priorities.
Mr. HATCH. I thank the Senator. I also hoped the Senator might share
his thoughts on how we might better support our service members
families?
Mr. STEVENS. The Committee continues to express concern about the
plight of Army families who must deal with extended deployments of a
spouse or a parent. These continued deployments place a significant
burden on the modern military family. I hope it will reassure the
Senator, who is concerned about military families, as am I, that the
Committee encourages the Department of the Army to evaluate different
training programs which can assist families in this critical time of
need.
Mr. HATCH. I thank my friend, the distinguished Chairman.
Mr. STEVENS. Mr. President, this amendment would make available up to
$2 million for a project the Senator supports. We have cleared the
amendment.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3506) was agreed to.
Mr. STEVENS. Mr. President, I state to the Senate that Senator Inouye
and I have cleared the amendments presented to us. We have rejected
several. We ask that Members come to the Senate floor and indicate if
they intend to pursue the amendments they have suggested they might
raise. We are currently clearing with leadership the time of 4 o'clock
for the time Senator Byrd's amendment will come back.
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. STEVENS. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 3507

Mr. STEVENS. Mr. President, I send to the desk an amendment sponsored
by Senators Biden, Lugar, Inouye, and myself.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for himself, Mr.
Biden, Mr. Lugar, and Mr. Inouye, proposes an amendment
numbered 3507.

The amendment is as follows:

(Purpose: To provide certain authorities related to the transfer of
defense articles)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. (a)(1) Notwithstanding section 514 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the
President may transfer to Israel, in exchange for concessions
to be negotiated by the Secretary of Defense, with the
concurrence of the Secretary of State,

[[Page S7376]]

any or all of the items described in paragraph (2).
(2) The items referred to in paragraph (1) are armor,
artillery, automatic weapons ammunition, missiles, and other
munitions that--
(A) are obsolete or surplus items;
(B) are in the inventory of the Department of Defense;
(C) are intended for use as reserve stocks for Israel; and
(D) as of the date of enactment of this Act, are located in
a stockpile in Israel.
(b) The value of concessions negotiated pursuant to
subsection (a) shall be at least equal to the fair market
value of the items transferred. The concessions may include
cash compensation, services, waiver of charges otherwise
payable by the United States, and other items of value.
(c) Not later than 30 days before making a transfer under
the authority of this section, the President shall transmit a
notification of the proposed transfer to the Committees on
Foreign Relations and Armed Services of the Senate and the
Committees on International Relations and Armed Services of
the House of Representatives. The notification shall identify
the items to be transferred and the concessions to be
received.
(d) No transfer may be made under the authority of this
section more than 2 years after the date of the enactment of
this Act.
Sec. 8122. Section 514(b)(2) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321h(b)(2)) is amended--
(1) in subparagraph (A), by striking ``for fiscal year
2003'' and inserting ``for each of fiscal years 2004 and
2005''; and
(2) in subparagraph (B), by striking ``for fiscal year
2003'' and inserting ``for a fiscal year''.
Mr. STEVENS. Mr. President, this amendment pertains to the drawdown
authority of the State of Israel for defense stocks, and it is a
technical amendment that has been cleared on both sides.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3507) was agreed to.
Mr. STEVENS. Mr. President, I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. STEVENS. Again, we have disposed now of all of the amendments
brought to the attention of the committee on both sides.
We will have a vote, we believe, at 4 o'clock. We will announce that
soon. I urge Senators to notify us if they intend to offer any
amendments to the bill. If not, we will move to third reading following
the Byrd amendment.
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. STEVENS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. STEVENS. Mr. President, after further consultation, I ask
unanimous consent that the vote on the Byrd amendment occur at 4 p.m.
today.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
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. STEVENS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. STEVENS. Mr. President, I ask unanimous consent that there be no
second-degree amendments in order to Senator Byrd's amendment.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
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.

measurement and signatures intelligence research program

Mr. BINGAMAN. I would like to engage the ranking member, Senator
Inouye, in a colloquy regarding the Measurement and Signatures
Intelligence Research Program. Is the Senator aware of this program and
how critical it is to the development of our next generation of MASINT
sensors?
Mr. INOUYE. Yes, I believe that the program is important to future
innovations for the MASINT community.
Mr. BINGAMAN. Would the Senator also agree that the MASINT Research
Program has been a great success in bringing together some of the best
thinking on this issue in Government, the private sector and our
Nation's leading colleges and universities?
Mr. INOUYE. Yes, I would.
Mr. BINGAMAN. Finally, wouldn't you agree that the valuable work that
the Measurement and Signatures Intelligence Research Program has done
should be continued in Fiscal Year 2005 by retaining the funding level
included in the House of Representatives' Defense Appropriations bill?
Mr. INOUYE. I would agree with the Senator from New Mexico, and I
commend him for his hard work in support of this program.
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. 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.

Amendment No. 3516

Mr. STEVENS. I have an amendment on behalf of Senator Mikulski and
Senator Sarbanes. I send it to the desk and ask for its immediate
consideration.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Ms. Mikulski,
for herself and Mr. Sarbanes, proposes an amendment numbered
3516.

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

(Purpose: To make available, from amounts appropriated for ``Research,
Development, Test, and Evaluation, Air Force'', $7,000,000 for AN/APG-
68(V)10 radar development for F-16 aircraft)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. (a) Availability of Amount for Research,
Development, Test, and Evaluation, Air Force, for Radar
Development.--Of The amount appropriated or otherwise made
available by title IV of this Act under the heading
``Research, Development, Test, and Evaluation, Air Force'',
$7,000,000 may be available for AN/APG-68(V)10 radar
development for F-16 aircraft.
(b) Construction of Amount.--The amount available under
subsection (a) for the purpose specified in that subsection
is in addition to any other amounts available in this Act for
that purpose.

Mr. STEVENS. This makes available funds available for a stated amount
on a project the Senator supports. We have cleared the amendment and
ask for its immediate adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3516) was agreed to.
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.

Amendment No. 3517

Mr. STEVENS. I send an amendment to the desk on behalf of Senator
Bill Nelson and ask that it be considered.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Nelson of
Florida, proposes an amendment numbered 3517.

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

In the appropriate place in the bill insert the following:
Of the amount appropriated in title IV under the heading
``OPERATIONAL TEST AND EVALUATION, DEFENSE'' up to $5,000,000
may be made available for the Joint Test and Training Rapid
Advanced Capabilities (JTTRAC) Program.''

Mr. STEVENS. This amendment provides up to $5 million for a project
the Senator supports. It has been cleared by both sides. I ask for its
immediate consideration.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.

[[Page S7377]]

The amendment (No. 3517) was agreed to.

Amendment No. 3518

Mr. STEVENS. Mr. President, I send an amendment to the desk on behalf
of Senator Shelby and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Shelby,
proposes an amendment numbered 3518.

Mr. STEVENS. Mr. President, I ask unanimous consent that the 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:

Sec.   . (a) Public Law 108-199 is amended in Division F,
title I, section 110(g) by striking ``Of the'' and inserting
``Prior to distributing''; striking ``each'' every time it
appears and inserting ``the''; striking ``project'' every
time it appears and inserting ``projects''.
(b) The limitation under the heading ``Federal-aid highways
(Limitation on Obligations) (Highway Trust Fund)'' in Public
Law 108-199 is increased by such sums as may be necessary to
ensure that each State receives an amount of obligation
authority equal to what each State would have received under
section 110(a)(6) of Public Law 108-199 but for the amendment
made to section 110(g) of Public Law 108-199 by subsection
(a) of this section: Provided, That such additional authority
shall remain available during fiscal years 2004 and 2005.
Mr. STEVENS. This is a technical amendment to clarify the
availability of funds in the 2004 appropriations bill. It has been
cleared on both sides of the aisle. I ask for its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3518) was agreed to.
Mr. STEVENS. I move to reconsider the vote and lay that motion on the
table.
The motion to lay on the table was agreed to.

Amendment 3502

Mr. STEVENS. The hour of 4 has arrived. The yeas and nays have been
ordered on the Byrd amendment?
The PRESIDING OFFICER. The yeas and nays have been ordered.
Mr. STEVENS. This is a sense of the Senate amendment that the Senator
offered on the bill last year that was adopted by the Senate, and the
yeas and nays have been ordered.
The PRESIDING OFFICER. The question is on agreeing to the 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 Indiana (Mr. Lugar)
is necessarily absent.
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 89, nays 9, as follows:

[Rollcall Vote No. 147 Leg.]

YEAS--89

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

NAYS--9

Bunning
Cornyn
Dole
Enzi
Inhofe
Kyl
Santorum
Sessions
Thomas

NOT VOTING--2

Kerry
Lugar

The amendment (No. 3502) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. AKAKA. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. STEVENS. In a few minutes we will have a series of amendments
which have been cleared and we may have one more amendment that is
coming. That is all we know.
I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Craig). The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BIDEN. 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. BIDEN. Mr. President, the Republican manager, the chairman of the
committee, suggested that I move forward with my amendment, which will
not take long at all. I can do this in less than 5 minutes.

Amendment No. 3520

Mr. President, I send my amendment to the desk and ask for its
immediate consideration.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:

The Senator from Delaware [Mr. Biden] proposes an amendment
numbered 3520.

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

(Purpose: To appropriate funds for bilateral economic assistance)

On page 118, between lines 4 and 5, insert the following:

TITLE X

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

United States Agency for International Development

International Disaster and Famine Assistance

For an additional amount for ``International Disaster and
Famine Assistance'', $188,000,000, to remain available until
expended: Provided, That funds appropriated by this paragraph
shall be available to respond to the humanitarian crisis in
the Darfur region of Sudan and in Chad: Provided further,
That such amount is designated as an emergency requirement
pursuant to section 502 of H. Con. Res. 95 (108th Congress).

Mr. BIDEN. Mr. President, I know it is getting late in this process,
and I will try to make this as quick as possible. There has already
been a significant amount of discussion on this floor, in this town,
and actually, quite frankly, this morning in the meetings some of us
had with the President of the United States on the situation in Darfur
in the Sudan.
I want to begin by saying I respect the effort made by my friend,
Senator DeWine. I understand the managers are going to accept a
proposal for $90 million or thereabouts to deal with this problem.
There are already as many as 30,000 dead. Mr. President, 1.2 million
people have been chased from their homes, and 200,000 refugees have
fled to Chad. The civilians have been bombed from planes and
helicopters by the Government of Sudan. And there are continued reports
of systematic rape, murder, and torture by the Sudanese Government as
well as by allied militia troops.
Now, the U.N. High Commissioner for Human Rights issued a report in
which the U.N. investigators indicate they believe that crimes against
humanity have been committed in Darfur.
Secretary of State Colin Powell has said that the State Department is
contemplating whether Khartoum is engaged in the genocide. I think when
they, in fact, finish they will conclude clearly that it is.
The Agency for International Development and its leader, Andrew
Natsios, as well as U.N. officials, have said that what has happened in
Darfur is the ``worst humanitarian crisis in the world today.''
They point out that under the best circumstances--not the worst, the
best circumstances--according to Mr. Natsios, 320,000 people will die.
That is the best they hope for. If everything turns around, there are
going to be 320,000 dead. And he made that public statement on June 3.
He said ``more resources are desperately needed.''
Now, to have to respond in a manner that is commensurate with the
suffering seems to me to be our obligation. The President of the United

[[Page S7378]]

States said he brought this to the attention of the G-8. We had this
discussion this morning in the Cabinet Room, and he, quite frankly,
indicated that he was not getting the kind of response that was
warranted. Some of us suggested--and I was not one because others spoke
first--that this is of an urgent need, and we have to lead.
Now, I know that my friend from Ohio has called our attention to this
and, in fact, has gotten roughly $90 million appropriated or agreed to.
But the fact is, Mr. Natsios pledged, in Geneva, in the first week in
June, that the United States would come up with $188 million. That is
the pledge this administration made in Geneva in June.
Now, the reason I bother to mention that is, the President pointed
out this morning that the G-8 nations and the rest of the world do not
seem seized with the same sense of urgency as we are, and that we have
to lead.
If we have announced we are going to do $188 million, and we are
trying to get the rest of the world in on the deal, and then we come
out of here with less than half of that, it seems to me it undercuts
the very point that is trying to be made by the President of the United
States.
Now, I am not speaking for the President and implying that he is for
or against this $188 million. I do not know. I assume he must have been
for it or the head of his AID, under his administration, would not have
pledged $188 million.

Now, this is $188 million as emergency money in this fiscal year.
Most of the money Natsios pledged was 2005 money that has yet to be
appropriated. In other words, he pledged money he does not have and may
not get for quite some time for what he calls the ``worst humanitarian
crisis in the world today,'' where, if things go well, 320,000 will
die.
The House bill gives less than half the money, only $70 million. I
understand that--again, I am not being critical of my friend from Ohio,
but as he said to me, he got what he could. That is good. It is better
than nothing.
But keep in mind, the $188 million pledge was made, according to AID
officials, in advance of the U.N.--in advance of the U.N.--issuing the
revised numbers about how many people will be affected. Those numbers
have increased.
So the House bill provides less than half of what might be an
inadequate pledge to begin with.
I was asked not to offer this amendment because we give about half.
Apparently that is going to be agreed to by the managers. But the
Senate has the power to do a lot more than that. So let's give the
administration what it said it will need to provide an emergency
response in Darfur. If we do not, make no mistake about it, no one else
is going to step to the plate.
Mr. LEAHY. Will the Senator yield for a request?
Mr. BIDEN. I would be happy to.
Mr. LEAHY. Mr. President, I ask unanimous consent that I be added as
a cosponsor. This is a good amendment.
Mr. BIDEN. Mr. President, I ask unanimous consent that my friend from
Vermont, Senator Leahy, be added as a cosponsor of my amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BIDEN. Mr. President, I might add, this is an unusual position to
be in. I do not usually come to the floor on matters and try to lead an
initiative on which I am not the guy who has done the most work. I have
not done the most work on it. There are others, including Senator Leahy
and others, who have been out in front on this issue. But I do not want
to see us go through this wrap-up without us actually facing up to the
facts.
Let's know what we are doing. Mr. President, $90 million is better
than nothing, but it is not the $188 million, which is probably too
little anyway, that we already pledged. I am worried about the impact
that will have on the rest of the world as we try to generate support
because we need support.
Now, look, our former colleague, Senator Danforth, who we just
confirmed today, played a leading role in the Sudan in helping settle
one of the real difficult issues, which was the north-south
problem. Now we have an east-west problem.

The fact is, he got the international community to step up and come
forward in order to deal with this incredibly humanitarian crisis. It
seems to me that notwithstanding the fact Mr. Natsios was forced to
make the pledge for money to get the first piece done, the north-south
piece, it is not going to inspire any contributions from our partners
and donor communities. The Congress has to provide these emergency
funds. This money will not stop the attacks. It will not do all we need
to do. But it will give essential assistance to the victims of
Khartoum's atrocities.
How many times have we stood around this floor, those who have been
here for the better part of the last decade, and lamented our failure
to act in the last catastrophic African crisis with the Hutus and the
Tutsis? How many times have we talked about it? Bill Clinton writes
about it: We wish we had done more. President Bush talks about it.
Let's not do this. Let's not step back. Let's not be here 5 years
from now, 10 years from now saying: If we only had acted.
Again, I urge my colleagues to support this amendment. At the
appropriate time, I will ask for the yeas and nays. The chairman of the
committee indicated he had a very important commitment that required
him to be off the floor but wanted me to make my statement and get it
moved on. I will not engage in anymore debate on this issue.
At the appropriate time, when the chairman or whoever is going to
respond to this amendment makes that response, I am ready for a vote.
In the meantime, I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Smith). The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BIDEN. 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. 3520, As Modified

Mr. BIDEN. Mr. President, I am going to send a modification to the
desk in a moment. I will take 60 seconds to explain it. My staff had
drafted the amendment for $188 million, which was a pledge by Mr.
Natsios, before Mr. DeWine's $90 million was accepted. So I am not
asking for $188 million on top of that. The amendment I am sending to
the desk asks for an additional $118 million above the 90 which, in
fact, apparently the committee has already accepted.
So I send a modification to the desk and ask unanimous consent that
the amendment be so modified to say $118 million instead of $188
million.
The PRESIDING OFFICER. Without objection, the amendment is so
modified.
The amendment, as modified, is as follows:

(Purpose: To appropriate funds for bilateral economic assistance)

On page 118, between lines 4 and 5, insert the following:

TITLE X

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

United States Agency for International Development

International Disaster and Famine Assistance

For an additional amount for ``International Disaster and
Famine Assistance'', $118,000,000, to remain available until
expended: Provided, That funds appropriated by this paragraph
shall be available to respond to the humanitarian crisis in
the Darfur region of Sudan and in Chad: Provided further,
That such amount is designated as an emergency requirement
pursuant to section 502 of H. Con. Res. 95 (108th Congress).

Mr. BIDEN. I thank the Chair and 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. AKAKA. 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. AKAKA. Mr. President, I ask that I be permitted 15 minutes to
speak as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The remarks of Mr. Akaka are printed in today's Record under
``Morning Business.'')
I yield the floor.

[[Page S7379]]

The PRESIDING OFFICER. The Senator from Alaska.
Mr. STEVENS. Mr. President, I ask that this amendment be temporarily
set aside so I can take care of some amendments we are prepared to
offer. We will come right back to this amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 3522

Mr. STEVENS. Mr. President, I send an amendment to the desk on behalf
of Senator Dodd, and I ask that it be considered.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Dodd, for
himself, and Mr. Lieberman, proposes an amendment numbered
3522.

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

(Purpose: To make available, from amounts appropriated for Research,
Development, Test, and Evaluation, Army, $10,000,000 for the Broad Area
Unmanned Responsive Resupply Operations aircraft program)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated or otherwise made
available by title IV of this Act under the heading
``research development, test, and evaluation, army'', up to
$5,000,000 may be available for the Broad Area Unmanned
Responsive Resupply Operations aircraft program.
Mr. STEVENS. Mr. President, this is an amendment that provides up to
$5 million for a program the Senator supports. I ask for its adoption.
The PRESIDING OFFICER (Mr. Voinovich). Without objection, the
amendment is agreed to.
The amendment (No. 3522) was agreed to.
Mr. STEVENS. 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. 3523

Mr. STEVENS. Mr. President, I send an amendment to the desk on behalf
of Senator Nickles and ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Nickles,
proposes an amendment numbered 3523.

The amendment is as follows:

(Purpose: To make available from amounts appropriated for ``Research,
Development, Test, and Evaluation, Navy'', $2,000,000 for Handheld
Breath Diagnostics)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated by title under the
heading ``Research, Development, Test, and Evaluation,
Navy'', up to $2,000,000 may be used for Handheld Breath
Diagnostics.
Mr. STEVENS. Mr. President, this amendment provides up to $2 million
for a program supported by the Senator. I ask for its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3523) was agreed to.

Amendment No. 3524

Mr. STEVENS. Mr. President, I send an amendment to the desk on behalf
of Senator Landrieu and ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Ms. Landrieu,
proposes an amendment numbered 3524.

The amendment is as follows:

(Purpose: To set aside an amount for the Joint Logistics Information
System program for the automated scheduling tool)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated by title IV under the
heading ``Research, Development, Test, and Evaluation,
Navy'', up to $1,800,000 may be used for the Joint Logistics
Information System program for the automated scheduling tool.
Mr. STEVENS. Mr. President, this amendment earmarks up to $1.5
million of funds under the bill, and I ask for its adoption.
The PRESIDING OFFICER. Without objection, the agreement is agreed to.
The amendment (No. 3524) was agreed to.

Amendment No. 3525

Mr. STEVENS. Mr. President, I send an amendment to the desk on behalf
of Senator Bunning and ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Bunning,
proposes an amendment numbered 3525.

The amendment is as follows:

(Purpose: To set aside an amount for the Anti-Sniper Infrared Targeting
System)

At the end of Title VIII, insert the following:
Sec.  . Of the amount appropriated in Title IV under the
heading ``Research, Development, Test and Evaluation, Navy'',
up to $4,000,000 may be used for the Anti-Sniper Infrared
Targeting System.
Mr. STEVENS. Mr. President, this amendment provides up to $4 million
in funds available in the bill. I ask for its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
Mr. STEVENS. 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. 3526

Mr. STEVENS. Mr. President, I send an amendment to the desk on behalf
of the distinguished Senator from Ohio, Mr. Voinovich, and ask for its
consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Voinovich,
for himself, and Mr. DeWine, proposes an amendment numbered
3526.

The amendment is as follows:

(Purpose: To make available, from amounts appropriated for Research,
Development, Test, and Evaluation, Army, $3,500,000 for Laser Peening
for Army helicopters)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated or otherwise made
available by title IV of this Act under the heading
``Research, Development, Test, and Evaluation, Army'' and
available for End Item Industrial Preparedness Activities, up
to $3,500,000 may be available for Laser Peening for Army
helicopters.
Mr. STEVENS. Mr. President, this amendment earmarks funds available
in the bill for projects supported by the current occupant in the
chair, and I ask for its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3526) was agreed to.
Mr. STEVENS. I move to reconsider the vote, and I move to lay that
motion on the table.

Amendment No. 3527

Mr. STEVENS. Mr. President, I send to the desk another amendment on
behalf of the Senator from Ohio, Mr. Voinovich, and ask for its
consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Voinovich,
for himself, and Mr. DeWine, proposes an amendment numbered
3527.

The amendment is as follows:

(To make available, from amounts appropriated for Research,
Development, Test, and Evaluation, Air Force, $2,000,000 for All
Composite Military Vehicles)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated or otherwise made
available by title IV of this Act under the heading
``Research, Development, Test, and Evaluation, Air Force'',
up to $2,000,000 may be available for Composites for Unmanned
Air Vehicles.
Mr. STEVENS. Mr. President, this amendment earmarks up to $2 million
from funds available under the bill, and I ask for its consideration.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
Mr. STEVENS. 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. 3528

Mr. STEVENS. Mr. President, I send to the desk an amendment on behalf
of Senator Boxer, and I ask for its consideration.

[[Page S7380]]

The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mrs. Boxer,
proposes an amendment numbered 3528.

The amendment is as follows:

(Purpose: To make available, from amounts appropriated for Research,
Development, Test, and Evaluation, Defense-Wide, $4,500,000 for
development of the Suicide Bomber Detection System Using a Portable
Electronic Scanning Millimeter-Wave Imaging RADAR)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated or otherwise made
available by title IV of this Act under the heading
``Research, Development, Test, and Evaluation, Defense-
Wide'', up to $4,500,000 may be available for development of
the Suicide Bomber Detection System Using a Portable
Electronic Scanning Millimeter-Wave Imaging RADAR.
Mr. STEVENS. Mr. President, this amendment earmarks up to $4.5
million from funds available in the bill, and I ask for its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3528) was agreed to.
Mr. STEVENS. 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. 3529

Mr. STEVENS. Mr. President, I send an amendment to the desk on behalf
of the Senator from Montana, Mr. Burns, and ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Burns,
proposes an amendment numbered 3529.

The amendment is as follows:
On page 161 of the Senate report:
``Of the funds available in Research, Development, Test and
Evaluation, Navy, up to $3 million may be made available for
the `Mobile On-Scene Sensor Aircraft Intelligence Command,
Control and Computer Center'.''
Mr. STEVENS. Mr. President, this amendment earmarks up to $3 million
in funds in the bill. I ask for its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3529) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3530

Mr. STEVENS. Mr. President, I send another amendment on behalf of
Senator Burns to the desk and ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Burns,
proposes an amendment numbered 3530.

The amendment is as follows:
On page 147 of the Senate report:
``Of the funds available in Research, Development, Test and
Evaluation, Army, up to $2 million may be made available for
`Care of Battlefield Wounds'.''
Mr. STEVENS. Mr. President, this amendment earmarks $2 million for
research concerning battlefield wounds from funds available in the
bill. I ask for its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3530) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3531

Mr. STEVENS. Mr. President, I send an amendment to the desk on behalf
of the Senator from Kansas, Mr. Roberts, and ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Roberts,
proposes an amendment numbered 3531.

The amendment is as follows:

(Purpose: To make available, from amounts appropriated for ``Research,
Development, Test, and Evaluation, Army,'' $3,000,000 for the United
States Army Intelligence and Security Command's Information Dominance
Center)

At the appropriate place in the bill, insert the following:
Sec.   . Of the amount appropriated or otherwise made
available by title __ of this Act under the heading
``Research, Development, Test, and Evaluation, Army,'' up to
$3,000,000 may be available to establish redundant systems to
ensure continuity of operations and disaster recovery at the
United States Army Intelligence and Security Command's
Intelligence Dominance Center.
Mr. STEVENS. Mr. President, this amendment earmarks funds available
in the bill up to $3 million for the project the Senator supports. I
ask for its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3531) was agreed to.
Mr STEVENS. I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3532

Mr. STEVENS. Mr. President, I send to the desk an amendment on behalf
of Senator Kyl and ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Kyl,
proposes an amendment numbered 3532.

The amendment is as follows:

(Purpose: To specify the availability of amounts for the Subterranean
Target Identification Program)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amounts appropriated by title IV under
the heading ``Research, Development, Test and Evaluation,
Army'' and available for electronic warfare technology, up to
$2,000,000 may be made available for the Subterranean Target
Identification Program.
Mr. STEVENS. Mr. President, this amendment earmarks $2 million from
funds available in the bill, and I ask for its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3532) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3533

Mr. STEVENS. Mr. President, I send another amendment to the desk on
behalf of Senator Kyl and ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Kyl,
proposes an amendment numbered 3533.

The amendment is as follows:

(Purpose: To specify the availability of amounts for the Program for
Intelligence Validation)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amounts appropriated by title IV under
the heading ``Research, Development, Test and Evaluation,
Army'' and available for Defense Research Sciences, up to
$2,000,000 may be made available for the Program for
Intelligence Validation.
Mr. STEVENS. Mr. President, this amendment earmarks up to $2 million
from research funds in the bill. I ask for its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3533) was agreed to.

Amendment No. 3534

Mr. STEVENS. Mr. President, I send to the desk an amendment on behalf
of Senator Kyl and ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Kyl,
proposes an amendment numbered 3534.

The amendment is as follows:

(Purpose: To express the sense of Congress on the continued development
of an end-to-end point of care clinical diagnostic network to combat
terrorism)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. It is the sense of the Senate that--

[[Page S7381]]

(1) funds appropriated by title IV under the heading
``Research, Development, Test and Evaluation, Defense-Wide''
for chemical and biological defense programs should be made
available for the continued development of an end-to-end
point of care clinical diagnostic network to combat
terrorism; and
(2) such funds should be distributed to partnerships that
combine universities and non-profit organizations with
industrial partners to ensure the rapid implementation of
such clinical diagnostic network for clinical use.
Mr. STEVENS. Mr. President, this amendment pertains to earmarking
funds throughout a whole area of the Department. It does not provide
additional funds. It specifies where the funds should be allocated, and
we believe it is necessary. I ask for its adoption.
The PRESIDING OFFICER. Without objection, the amendment will be
agreed to.
The amendment (No. 3534) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3535

Mr. STEVENS. Mr. President, I send another amendment to the desk on
behalf of Senator Kyl and ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Kyl,
proposes an amendment numbered 3535.

The amendment is as follows:

(Purpose: To specify the availability of amounts for the Versatile,
Advanced Affordable Turbine Engine)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amounts appropriated by title IV under
the heading ``Research, Development, Test and Evaluation, Air
Force'' and available for aerospace propulsion and
technology, up to $3,000,000 may be made available for the
Versatile, Advanced Affordable Turbine Engine.
Mr. STEVENS. Mr. President, this amendment pertains to earmarking
funds for the turbine engine from funds available in the bill. We
believe it is necessary. I ask for its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3535) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3536

Mr. STEVENS. I send an amendment to the desk on behalf of Senator
Talent and ask for its adoption.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Talent,
proposes an amendment numbered 3536.

The amendment is as follows:

Purpose: To make available, from amounts appropriated for Research,
Development, Test, and Evaluation, Air Force, $5,000,000 for X-43C
development

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated or otherwise made
available by title IV of this Act under the heading
``Research, Development, Test, and Evaluation, Air Force'',
up to $5,000,000 may be available for X-43C development.
Mr. STEVENS. This earmarks up to $5 million for research and
development. We believe it is a proper amendment, and I ask for its
adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3536) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3537

Mr. STEVENS. I send an amendment to the desk on behalf of Senator
Pryor and ask for its adoption.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Pryor, for
himself, Mrs. Dole, and Mrs. Lincoln, proposes an amendment
numbered 3537.

The amendment is as follows:

(Purpose: To make available from amounts appropriated for Research,
Development, Test, and Evaluation, Defense-Wide, $5,000,000 for medical
equipment and combat casualty care technologies)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated or otherwise made
available by title IV of this Act under the heading
``Research, Development, Test, and Evaluation, Defense-
Wide'', up to $5,000,000 may be available for medical
equipment and combat casualty care technologies.
Mr. STEVENS. This amendment earmarks up to $5 million in the bill. It
is acceptable to the managers of the bill. I ask for its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3537) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3538

Mr. STEVENS. I send an amendment to the desk on behalf of Senator
Sununu and ask that it be adopted.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Sununu,
proposes an amendment numbered 3538.

The amendment is as follows:

At the appropriate place, insert the following:
Of the funds appropriated, up to $2,000,000 may be
available for the Advanced Composite Radome Project.
Mr. STEVENS. This amendment earmarks up to $2 million for a Radome
project, and we are prepared to accept the amendment. I ask for its
adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3538) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3539

Mr. STEVENS. I send to the desk an amendment on behalf of Senator
Levin pertaining to Wurtsmith Air Force Base.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Levin,
proposes an amendment No. 3539.

The amendment is as follows:

(Purpose: To authorize the demolition of facilities and improvements on
certain military installations approved for closure under the defense
base closure and realignment process)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Notwithstanding any other provision of law, the
Secretary of the Air Force may, using funds available to the
Air Force, demolish or provide for the demolition of any
facilities or other improvements on real property at the
former Wurtsmith Air Force Base.
Mr. STEVENS. This directs that funds available to the Department be
used for certain proposals on that Air Force base. We have examined it,
and we are prepared to recommend the adoption of that amendment.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3539) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3540

Mr. STEVENS. I send to the desk an amendment on behalf of Senator
Conrad and ask that it be adopted.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Conrad,
proposes an amendment numbered 3540.

The amendment is as follows:

(Purpose: To set aside an amount for F-16 Theater Airborne
Reconnaissance System upgrades)

On page 112, between lines 13 and 14, insert the following:

[[Page S7382]]

Sec. 8121. Of the amount appropriated by title III under
the heading ``Aircraft Procurement, Air Force'', up to
$7,000,000 may be available for F-16 Theater Airborne
Reconnaissance System upgrades.
Mr. STEVENS. This earmarks up to $7 million for a project the Senator
supports from funds available within the bill. It does not increase
funds. I ask for its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3540) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. INOUYE. 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 Senator
Burns be added as an original cosponsor of amendment 3490.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 3541

Mr. STEVENS. I send an amendment to the desk on behalf of Senator
Kohl, which relates to authorizing the reprogramming of funds available
to the Secretary for industrial technical services and ask that it be
considered.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mr. Kohl, for
himself, and Mr. Reed, proposes an amendment numbered 3541.

The amendment is as follows:

(Purpose: To ensure the availability of sufficient fiscal year 2004
funding for the Manufacturing Extension Partnership program of the
National Institute of Standards and Technology)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. For the purposes of applying sections 204 and
605 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004
(division B of Public Law 108-199) to matters in title II of
such Act under the heading ``National Institute of Standards
and Technology'' (118 Stat. 69), in the account under the
heading ``industrial technology services'', the Secretary of
Commerce shall make all determinations based on the
Industrial Technology Services funding level of $218,782,000
for reprogramming and transferring of funds for the
Manufacturing Extension Partnership program and may submit
such a reprogramming or transfer, as the case may be, to the
appropriate committees within 30 days after the date of the
enactment of this Act.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3541) was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3520, as Modified

Mr. STEVENS. Mr. President, with the exception of two items we may
receive, that is the last of the amendments that have been called to
our attention. I would inquire whether it would be in order for the
managers of the respective sides of the aisle to return to the Biden
amendment now and ask for a vote on the Biden amendment.
Is there any impediment to having a vote now, may I inquire of staff?
The PRESIDING OFFICER. The amendment is now pending.
Mr. STEVENS. Is the amendment now pending?
The PRESIDING OFFICER. The Senator is correct.
Mr. STEVENS. Today, the Senate approved $70 million for disaster
assistance and $25 million for refugee assistance, a total of $95
million to Sudan. This is an amount the House approved and the level
the State Department informed our staff was necessary to carry the much
needed food and other support for Darfur through spring of next year.
This is the amount they efficiently execute and use in this year. In
the spring, the State Department, with USAID and the U.N., will
reassess the situation and determine if additional emergency funds are
requested.
We have already declared an emergency for Sudan for $95 million. If
we approved Senator Biden's amendment, this will be above the $188
million that State and USAID have already pledged for the 2005 funds.
These funds will be allocated in the 2005 Foreign Operations bill, not
this bill. In other words, we have added $95 million for disaster
assistance from this Defense appropriations bill on an emergency basis
to the Sudan. There already are requests before our Appropriations
Committee under the Foreign Operations bill, a request for $188
million, which will come before the Senate in due course.
It is my request to our colleagues to stand by the $95 million we
have added to the disaster assistance and refugee assistance provisions
of our basic funding for the State Department. We have added to it
already in the Defense bill. We approved that today. That is the amount
that is in the House bill, and I do not believe we should go beyond the
emergency level we have already agreed to, which was supported by both
of our leaders.
I point out further that the U.N. appeal for Darfur for 2004 has led
to $307 million as of June 3 of this year. That is now being revised
upward to an estimated $349 million available. Excluding the U.S.
Government, other donors pledged $134 million in Geneva. The U.S.
Government pledge was for the remainder of fiscal year 2004 and 2005,
and we have already exceeded that pledge. There is $245 million pledged
from all the above donors, in addition to the contribution of the
United States.
We have an enormous program going on on behalf of our Government. We
have added $95 million to the $188 million. We are already ahead of the
rest of the world, and we think we should not go further on this bill.
If there are further emergency funds that are necessary, they should be
added to the foreign assistance bill or the State Department bill when
those bills come before the Senate but not to the Defense bill. This
Defense bill is already amended at the request of both the majority
leader and minority leader, the Senator from Ohio, and many others, to
add $95 million. It is my position that we should not go further at
this time. We should wait for the consideration of the other bills as
far as additional emergency funds, if they are needed.

These funds cannot be needed before we will consider the supplemental
after the first of 2005. Besides that, we still have to consider the
2005 regular bill for both State-Justice-Commerce and the foreign
assistance bill. This is no place for this item. It is not an emergency
to go beyond $95 million.
Does the Senator from Hawaii wish to make any statement?
I yield the floor.
The PRESIDING OFFICER. The Senator from Hawaii.
Mr. INOUYE. I wish to associate myself with the statement of the
Senator from Alaska.
Mr. STEVENS. Mr. President, I move to table the Biden amendment, and
I ask that we have a time for other Senators to become aware of the
fact that we will have a vote. I ask unanimous consent that the vote
commence at 5:30.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
Mr. STEVENS. I ask unanimous consent that it be in order at this time
for me to have the yeas and nays on my motion to table this amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
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.

Amendment No. 3542

Mr. STEVENS. Mr. President, I have been informed there is another
amendment that has been cleared. This is an amendment on behalf of
Senator DeWine, pertaining to a report on mental health services
available to the armed services. I ask this amendment be considered at
this time.
The PRESIDING OFFICER. Without objection, the pending amendment is
set aside.
The clerk will report the amendment.
The legislative clerk read as follows:

[[Page S7383]]

The Senator from Alaska [Mr. Stevens], for Mr. DeWine,
proposes an amendment numbered 3542.

The amendment is as follows:

(Purpose: To require reports on mental health services available to
members of the Armed Forces of the United States and their dependents)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. (a)(1) Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on mental health services
available to members of the Armed Forces and their
dependents.
(2) The report required under paragraph (1) shall include
the following:
(A) A comprehensive review of mental health services that
are available--
(i) to members of the Armed Forces who are deployed in
combat theaters;
(ii) to members of the Armed Forces at any facilities in
the United States; and
(iii) to dependents of members of the Armed Forces during
and after deployment of members overseas.
(B) Data on the average number of service days since
September 11, 2001, on which members of the Armed Forces were
absent or excused from duty for mental health reasons.
(C) A description of the current procedures for reducing
the negative perceptions among members of the Armed Services
that are often associated with mental health counseling.
(D) A description of--
(i) the mental health services available to members of the
Armed Forces, including members of the reserve components,
and their dependents; and
(ii) the barriers to access to such services.
(E) An analysis of the extent to which the Secretary of the
Army has implemented the recommendations on mental health
services that were made by the Mental Health Advisory Team of
the Army on March 25, 2004.
(F) A plan for actions that the Secretary determines
appropriate for improving the delivery of appropriate mental
health services to members of the Armed Forces and their
dependents.
(b) Not later than 360 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to
Congress a report that describes--
(1) the actions taken to implement the plan submitted under
subsection (a)(2)(F); and
(2) the reasons why actions in the plan have not been
completed, if any.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3542) was agreed to.
Mr. STEVENS. Mr. President, I move to reconsider the vote.
Mr. INOUYE. 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 no second-degree amendments be in
order to the Biden amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 3543

Mr. STEVENS. Mr. President, I have another amendment. It is on behalf
of Senator Feinstein. I ask unanimous consent that the pending
amendment be set aside temporarily so we might consider Senator
Feinstein's amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens], for Mrs. Feinstein,
proposes an amendment numbered 3543.

The amendment is as follows:

(Purpose: To make available, from amounts appropriated for Research,
Development, Test, and Evaluation, Navy, $5,000,000 for support of the
TIGER pathogen detection system)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated or otherwise made
available by title IV of this Act under the heading
``Research, Development, Test, and Evaluation, Navy'', up to
$5,000,000 may be available for support of the TIGER pathogen
detection system.
Mr. STEVENS. This pertains to the earmarking of funds for pathogen
research. We support that amendment and ask that it be adopted.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3543) was agreed to.
Mr. STEVENS. Mr. President, I move to reconsider the vote.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3544

The PRESIDING OFFICER. The Senator from Hawaii.
Mr. INOUYE. Mr. President, I send to the desk a technical amendment
on behalf of Senator Byron Dorgan and ask for its immediate
consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Hawaii [Mr. Inouye], for Mr. Dorgan,
proposes an amendment numbered 3544.

The amendment is as follows:

(Purpose: To provide funds for the North Dakota State School of
Science, Bismarck State College, and Minot State University)

At the appropriate place, insert the following:

SEC. __. FUNDING FOR NORTH DAKOTA STATE SCHOOL OF SCIENCE,
BISMARCK STATE COLLEGE, AND MINOT STATE
UNIVERSITY.

(a) Rescission.--There is rescinded an amount equal to
$795,280 from the amount appropriated to carry out part B of
title VII of the Higher Education Act of 1965, in title III
of division E of the Consolidated Appropriations Act, 2004
(Public Law 108-199; 118 Stat. 3). This amount shall reduce
the funds available for the projects specified in the
statement of the managers on the Conference Report 108-401
accompanying the Consolidated Appropriations Act, 2004
(Public Law 108-199; 118 Stat. 3).
(b) Disregard Amount.--In the statement of the managers on
the Conference Report 108-401 accompanying the Consolidated
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 3),
in the matter in title III of division E, relating to the
Fund for the Improvement of Postsecondary Education under the
heading ``Higher Education'', the provision specifying
$800,000 for Wahpeton State School of Science and North
Dakota State University to recruit, retain and train pharmacy
technicians shall be disregarded.
(c) Appropriation.--There is appropriated an amount equal
to $795,280 to the Department of Labor, Employment and
Training Administration for ``Training and Employment
Services,'' available for obligation for the period from July
1, 2004, through June 30, 2005, of which--
(1) $200,000 shall be made available to the North Dakota
State School of Science to recruit, retain, and train
pharmacy technicians;
(2) $297,640 shall be made available to Bismarck State
College for training and education related to its electric
power plant technologies curriculum; and
(3) $297,640 shall be made available for Minot State
University for the Job Corps Fellowship Training Program.
Mr. INOUYE. Mr. President, this is to correct certain errors that
were in the original bill.
Mr. STEVENS. I am familiar with this amendment. We are prepared to
accept the amendment.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3544) was agreed to.
Mr. INOUYE. 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. 3545

Mr. INOUYE. Mr. President, I send to the desk an amendment
and ask for its immediate consideration.

The PRESIDING OFFICER. Without objection, the clerk will report.
The legislative clerk read as follows:

The Senator from Hawaii [Mr. Inouye] proposes an amendment numbered
3545.

The amendment is as follows:

(Purpose: To set aside an amount for small business development and
transition)

On page 112, between lines 13 and 14, insert the following:
Sec. 8121. Of the amount appropriated by title IV under the
heading ``Research, Development, Test, and Evaluation,
Army'', up to $2,500,000 may be used for small business
development and transition.
Mr. INOUYE. This amendment is to earmark some of the $2.5 million for
research and development for the Department of Defense. It has been
cleared on both sides.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3545) was agreed to.
Mr. INOUYE. 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.
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. 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.

[[Page S7384]]

Mr. STEVENS. Mr. President, I ask unanimous consent that following
the vote on the Biden amendment, no further business other than a
colloquy or colloquies that I have to offer for the Record be in order,
and that the Senate immediately go to third reading and final passage
of this bill.
Mr. REID. Mr. President, I ask the chairman's request be modified: Or
whatever the two managers agree on? Because there may be something.
Mr. STEVENS. Very well, I will amend that request: Unless there are
other matters offered based on unanimous consent approved by both
managers, that we immediately go to third reading and final passage of
the bill following the Biden amendment.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
Mr. STEVENS. I ask it be in order to get the yeas and nays on passage
of the bill.
The PRESIDING OFFICER. Is there a sufficient second? There appears to
be a sufficient second.
The yeas and nays were ordered.
Mr. STEVENS. I suggest the absence of a quorum for 3 minutes.
The PRESIDING OFFICER. The clerk will call the roll.
The 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. It has been requested I ask this vote commence
immediately. I ask unanimous consent that we start the vote on the
Biden amendment. This is a motion to table the Biden amendment.
The PRESIDING OFFICER. The question is on agreeing to the motion. 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 Indiana (Mr. Lugar)
is necessarily absent.
Mr. REID. I announce that the Senator from Massachusetts (Mr. Kerry)
is necessarily absent.
The PRESIDING OFFICER (Mr. Chambliss). Are there any other Senators
in the Chamber desiring to vote?
The result was announced--yeas 53, nays 45, as follows:

[Rollcall Vote No. 148 Leg.]

YEAS--53

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

NAYS--45

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

NOT VOTING--2

Kerry
Lugar

The motion was agreed to.
Mr. STEVENS. I move to reconsider the vote.
Mr. NICKLES. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from California is recognized.

____________________