Mr. President, this is an important amendment that appropriately recognizes the United States is now engaged in combat operations in Iraq and Afghanistan without a formal declaration of war. The amendment takes the appropriate step of…
Mr. President, this is an important amendment that appropriately recognizes the United States is now engaged in combat operations in Iraq and Afghanistan without a formal declaration of war. The amendment takes the appropriate step of modifying the statute of limitations to cases in which the use of force has been authorized without a formal declaration of war.
I very much welcome--and I am sure Senator Leahy does as well--the support of the Senator from Alabama. I do not know of anybody else who wants to speak on this amendment. Unless the Senator from Alabama does, I will suggest then that we move on to the next amendment.
I understand there is going to be a unanimous consent request that may interrupt that flow, but before we get to that, if the Senator from Alabama knows of no other--first of all, let me ask the Senator whether he does know of any other speaker on the amendment.
Is the Senator willing to have this amendment voice voted at this time?
All right. If we could get the yeas and nays on this amendment so we could move on.
Mr. President, I ask for the yeas and nays.
Mr. President, I understand, under the current order, we would now be moving to consideration of the Vitter amendment regarding missile defense for 2 hours of debate. Those who are interested in that amendment are urged to come to the floor so we could begin that debate. But at this time I will yield the floor.
Mr. President, is my understanding correct that we will then return to the Vitter amendment? I ask unanimous consent that we then return to the Vitter amendment.
Mr. President, I oppose the Vitter amendment for a number of reasons. Let me begin by saying we have already placed into our bill more money for the areas that the Vitter amendment would add additional money for than was requested by the administration. In other words, in these areas--terminal high-altitude area defense, the THAAD Program; the Aegis ballistic missile defense, DMD, and its Standard Missile-3 interceptor--we have added money in our committee to the budget request. So this is not restoring cuts in these programs. If the Vitter amendment were passed, it would add additional funds to programs that we on the committee unanimously already have added additional funds to above the administration's request.
I would like to go through these one by one.
For the THAAD system, the administration's budget requested $865 million. The committee bill, approved by all committee members, added $115 million.
The Targets Program, which provides targets for flight tests, the budget request was $665 million. The Armed Services Committee fully funded the administration request. The Vitter amendment adds money the administration is not requesting. The administration is not requesting the money that the Vitter amendment adds to the committee bill.
Next, the Aegis BMD Program, the budget request was nearly $1.2 billion. The committee bill would authorize an additional $100 million for systems improvement and additional procurement. The Vitter amendment adds to what the committee already added to the administration request--$74 million on top of the committee increase, $54 million to convert two additional ships and $30 million for technology improvements.
So point No. 1, in the areas to which Vitter amendment would add funds, the committee has either fully funded the administration request or we have added to the administration request. The administration is not requesting additional funds in the areas to which the Vitter amendment adds funds. That is point No. 1.
Point No. 2, how does the Vitter amendment pay for these add-ons? What it does is it allows the Secretary of Defense to cut $271 million from any part of the Defense Department budget except for the specified accounts which we are not authorizing the Secretary of Defense to cut. But except for those very precise, specific, enumerated exceptions, the Secretary of Defense is given carte blanche to cut any program which the Secretary of Defense wants to cut. That is an abdication of congressional authority. It is a serious abdication. We have not done this. Where we have put weapons systems money in, frequently at the request of Members of this body, going over this at great length in committee, we have not given the Secretary of Defense a blank check to cut whatever procurement programs he might want to cut in order to pay for other add-ons that are offered on the floor of the Senate.
Now, when the Senator from Florida gave examples where these cuts could come from, the Senator from Louisiana denied those cuts could come from these examples. But the Senator from Florida is right. So I am going to repeat the examples, and then we can debate later on whether the Senator from Louisiana is correct or the Senator from Florida is correct in terms of the amendment which has been offered.
These are some of the examples the Senator from Florida used where if the Secretary of Defense wanted to make
cuts in programs, in his discretion, he would be given the authority to do it. He could cut funds for the Joint Strike Fighter alternate engine. He could wipe out money for operations of the B-52. He could cut money for advance procurement funds for the F-22. He could reduce the Patriot missile request. These are areas where the committee has added funds and where if the Vitter amendment is adopted, the Defense Secretary could, at his discretion, make cuts in these program or any other program in his discretion.
It is a serious abdication of congressional budget authority to say the Secretary of Defense may make cuts in programs wherever he wants, with the specific two exceptions that are enumerated in the Vitter amendment.
So we ought to defeat the Vitter amendment, No. 1, because it adds funds not requested, No. 2, it adds funds to accounts we have already added funds to, and, No. 3, because of the broad authority that would give the Secretary of Defense to pay for these add-ons by cutting other programs in the discretion of the Secretary of Defense--a very serious abdication of our budget power and something we should not do.
So I will oppose the Vitter amendment and support the position, the argument of the Senator from Florida, Mr. Nelson, who is the chairman of our subcommittee, who earlier today made the presentation in chief, as we would say in a court, against the Vitter amendment.
I yield the floor now. I would ask unanimous consent--if my friend from Alabama might hear this--that if we go into a quorum call now the time be charged equally against both sides on the Vitter amendment.
I suggest the absence of a quorum with the unanimous consent request that any time during this quorum call be charged equally to both sides.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, how much time remains on the Vitter amendment?
Mr. President, I ask unanimous consent that the Vitter amendment be set aside, and that when we return to the Vitter amendment, the Senator from Louisiana have 10 minutes on his side, and that the full 19 minutes remain on our side, the opponents, and with that understanding we move to the regular order, which I believe would be the Senator from Florida offering his amendment.
Mr. President, I suggest the absence of a quorum.
Mr. President, before I ask for a quorum call, if the quorum call is put in motion here, is the time charged against both sides on the Vitter amendment?
Mr. President, I suggest the absence of a quorum.
Will the Senator yield for a question?
Could we have a time set for the Senator's presentation? Can he give us an idea about how long he would be?
That is helpful. I wonder if Senator Dorgan could be recognized for 15 minutes. I will ask unanimous consent to extend it, if necessary, but it will give us an idea how we can proceed, and then I ask unanimous consent that following Senator Dorgan, the Chair recognize the managers.
Mr. President, I commend the Senator from North Dakota. This subject, which he has described, is a subject which every American--at least those I have spoken to--understands. Regardless of their position on the Iraq war, regardless of whether they believe we did the right thing going in, regardless of whether they are critics of the Bush administration's policies, this cuts across every single line. I have not talked to anybody, at least in my State of Michigan, who believes that when Iraq has $80 billion in surplus funds sitting in banks, some of which are our banks drawing interest from our taxpayers--we have paid billions of dollars in interest on Iraqi surplus accounts coming from sales of oil, much of which comes to America, much of which ends up in our tanks at $4 a gallon, enriching themselves at the expense of the American taxpayers. Why in heaven's name they are not paying for the kinds of items which Senator Dorgan has described beats me and I think it absolutely stuns at least every American I have spoken to when they hear about it. This cuts across all the positions on the war and the success of the surge or the lack of success because it hasn't accomplished its purposes.
This issue is a critically important issue. It is shocking. It is unsustainable, it is untenable, it is unconscionable that Iraq is not paying for the kinds of reconstruction efforts the Senator has described.
Senator Warner and I wrote a letter some months ago, and we received a response on this subject which provides a lot of the information to which Senator Dorgan has referred. I commend Senator Warner because he has been active in trying to probe this area: How many surplus funds are there and how much is being added every day and what are they being spent for? So we have been able to accumulate a lot of information which I believe will be very supportive of an amendment which Senator Dorgan may offer and hopefully will put in a form which can command bipartisan support of the Senate.
Mr. President, I note the absence of a quorum.
Madam President, I thank Senator Kyl for not just the amendment but his willingness to work to craft the language in a way that I think has improved it, narrowed it in a number of ways, but also meets the needs of the Defense Department and our allies.
I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Madam President, I ask that Senator Leahy's amendment No. 5323 be considered.
Madam President, I ask unanimous consent that the yeas and nays be vitiated on the amendment.
Madam President, I suggest the absence of a quorum.
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
Madam President, is the pending amendment now the Leahy amendment No. 5323?
I don't know of any further debate.
I move to reconsider the vote.
Madam President, I ask unanimous consent that the Senate resume consideration of the Vitter amendment No. 5280 and that all debate time be yielded back, except for 2 minutes equally divided; and that at 6 p.m., the Senate proceed to vote in relation to the Vitter amendment; that upon disposition of the Vitter amendment, the Senate resume consideration of the Nelson amendment and proceed to vote with respect to that amendment, provided that the 2 minutes of debate be made available prior to the vote; and that the other provisions of the previous order governing prohibition on intervening amendments prior to a vote and any other appropriate restrictions remain in effect.
I believe when we say the Senate proceed to vote at 6 o'clock--the unanimous consent request does intend to provide for rollcall votes on both amendments described. I thank my friend from Virginia for that clarification.
I also ask unanimous consent that it be in order to request the yeas and nays at this time.
With respect to both amendments.
I ask for the yeas and nays on both amendments.
Madam President, we had a very brief discussion whether the second vote will be a 10-minute vote. It is part of the order.
I thank all our colleagues. I thank the Senator from North Dakota for his patience.
If the Senator would yield, the Rules Committee has jurisdiction over the amendment, over the subject matter of the amendment. That is why we are asking the Rules Committee to give us their reaction. Before I can give unanimous consent to make it a pending amendment, I want to hear from the Rules Committee, which is part of the regular process of the Senate, since it is within their jurisdiction.
So if the Senator will bear with me, I do not know what I will do if the Senator asks unanimous consent until the Rules Committee replies. If I do not hear from them by the moment the Senator asks unanimous consent, if the Senator decides to do so, I will have to make up my mind without the benefit of their advice.
Reserving the right to object, I am constrained and will object at this time because of the reasons
I gave before. So I do object. I hope this objection can be dealt with overnight. I hope I can hear from the Rules Committee and understand what their position is. But at least at this time I will object.