Mr. President, let me first say, before I talk about my amendments, I had the opportunity yesterday to listen to Senator Levin, Senator McCain, Senator Durbin, and many other Senators with regard to the debate on this bill. I thought it…
Mr. President, let me first say, before I talk about my amendments, I had the opportunity yesterday to listen to Senator Levin, Senator McCain, Senator Durbin, and many other Senators with regard to the debate on this bill. I thought it was excellent debate. I thought it was lively, it was robust, it was to the point, and it was the Senate at its best. I don't know how we get to the point where we have the kind of debate they were having on this Defense authorization bill, but I hope we can do more of it, and I look forward to returning after Thanksgiving and having the opportunity to do that.
I compliment the two top Members of that committee and the other Senators who were here on that debate.
Amendments Nos. 1153, 1154, and 1202 En Bloc
Mr. President, I ask unanimous consent to set aside the pending amendments in order to call up amendments Nos. 1153, 1154, and 1202 by number en bloc, and that once the amendments are reported the Senate return to the regular order.
Mr. President, I am offering this amendment, along with my cosponsors Senators Heller, Bingaman, Feinstein, and Gillibrand, to provide a simple fix to a loophole in the Tariff Act of 1930.
Our amendment will allow our Federal agents and prosecutors to crack down on smugglers who use ultralight aircraft, also known as ULAs, to bring drugs across the U.S.-Mexico border.
In the last Congress, then-Congressman Heller introduced a very similar bill in the House with Congresswoman Gabriel Giffords. That bill passed overwhelmingly by a 412-3 vote. I hope we can have a similar bipartisan result here in the Senate.
ULAs are single-pilot aircraft capable of flying low, landing and taking off quickly, and are typically used for sport or for recreation. However, because of increased detection and interdiction of more traditional smuggling conveyances, ULAs have increasingly been employed along the Southwest border by Mexican drug trafficking organizations to smuggle drugs into the United States.
The use of ULAs by drug smugglers presents a unique challenge for law enforcement and prosecutors. Every year hundreds of ULAs are flown across the Southwest border and each one can carry hundreds of pounds of narcotics.
Under existing law, ULAs are not categorized as aircraft by the Federal Aviation Administration, so they do not fall under the aviation smuggling provisions of the Tariff Act of 1930. This means that a drug smuggler piloting a small airplane is subject to much stronger criminal penalties than a smuggler who pilots a ULA.
Our amendment will close this unintended loophole and establish the same penalties if convicted--a maximum sentence of 20 years in prison and a $250,000 fine--for smuggling drugs on ULAs as currently exist for smuggling on airplanes or in automobiles.
This is a common sense solution that will give our law enforcement agencies and prosecutors additional tools they need to combat drug smuggling.
The amendment would also add an attempt and conspiracy provision to the aviation smuggling law to allow prosecutors to charge people other than the pilot who are involved in aviation smuggling. This would give them a new tool to prosecute the ground crews who aid the pilots as well as those who pick up the drug loads that are dropped from ULAs in the U.S.
Finally, the amendment directs the Department of Defense and Department of Homeland Security to collaborate in identifying equipment and technology used by DOD that could be used by U.S. Customs and Border Protection to detect ULAs.
Amendment No. 1154
Mr. President, this next amendment would establish an Open Burn Pit Registry. This amendment, filed by myself and lead cosponsor Senator Corker, is important to both our active duty troops and veterans.
In both Afghanistan and Iraq open air burn pits were widely used at forward operating bases. Disposing of trash and other debris was admittedly a major challenge. Commanders had to find a way to dispose of it while concentrating on the important mission at hand.
The solution that was chosen, however, had serious medical and environmental risks. In Afghanistan and Iraq, pits of waste were set on fire, sometimes using jet fuel for ignition. Oftentimes, these burn pits would turn the sky black.
Some burn pits were small, but others covered multiple acres of land. At Joint Base Balad, Iraq, over ten acres of land were used for burning toxic debris.
This was a base, that at the height of its operations, hosted approximately 25,000 military, civilian and coalition personnel. These personnel would be exposed to a toxic soup of chemicals released into the atmosphere. According to air quality measurements taken near the base, the air at Balad had multiple particulates harmful to humans.
These particulates ranged from plastics and Styrofoam, metals, chemicals from paints and solvents, petroleum and lubricants, jet fuel and unexploded ordnance, medical and other dangerous waste . . . all of this was in the air and being inhaled into the lungs of service members.
More specifically, air samples at Joint Base Balad turned up some nasty stuff: Particulate matter--chemicals that form from the incomplete burning of coal, oil and gas, garbage, or other organic substances--Volatile Organic Compounds such as acetone and benzene. Benzene is known to cause leukemia and dioxins associated with Agent Orange.
Our veterans have slowly begun to raise the alarm as they learn why, after returning home, they are short of breath, or experiencing headaches or other symptoms and in some cases developing cancer.
Many other independent organizations have also urged action on this issue, including the American Lung Association which has stated that:
Emissions from burning waste contain fine particulate
matter, sulfur oxides, carbon monoxide, volatile organic
compounds and various irritant gases such as nitrogen oxides
that can scar the lungs.
The registry created by this amendment will help our medical and scientific experts better analyze who was exposed and who is suffering.
In New Mexico, service members and veterans have begun to come forward about their medical conditions. Some, like MSG Jessey Baca, a member of the New Mexico Air National Guard who was stationed in Balad, Iraq, are facing serious ailments such as cancer and chronic bronchiolitis. It is stories like Master Sergeant Baca's which have motivated me to take action on this issue and I urge my colleagues to hear the stories of heroes like him in all 50 States.
During my meetings with veterans and active duty members of the military, I have truly learned how important it is that we act now.
Among active duty members there is uncertainty regarding the link between burn pits and the illnesses that they are suffering from. This uncertainty is discouraging service members from coming forward to have their illness diagnosed because they are fearful about the implications on their career.
A registry will help create the data set needed to bring certainty to the issue because it will improve our understanding of the link between the burn pits and illness. The information will also help DoD better understand the link and aid their efforts to improve treatment of our troops.
The Open Burn Pits Registry Act has bipartisan and bicameral support. In the House, Representative Akin, a Republican, is sponsoring this important piece of legislation with a strong bipartisan group.
I thank all the supporters and champions for our veterans suffering from these hidden wounds and I urge my colleagues to support this amendment.
Amendment No. 1202
Mr. President, solar power increases energy security for American military installations and our troops in the field.
With solar power, our military is less dependent on the surrounding electricity grid or fuel supplies for generators.
As a result, the Department of Defense is a leader on utilizing solar power--not for environmental reasons, but national security reasons.
However, if we are going to use taxpayer funds to support military solar power--which also qualifies for solar energy tax incentives--we must provide a level playing field for U.S. solar manufacturers.
Last year's Defense Authorization bill took an important step, by clarifying that DOD's Buy American Act requirements apply to solar.
Previously, when solar was installed on DOD property, Buy American would not apply because DOD only owned the power, not the panels.
While last year's bill attempted to fix this situation, it left 2 loopholes:
No. 1, first, Buy American requirements still do not apply to many DOD facilities, including much of DOD housing, since these facilities are leased and not technically ``owned'' by DOD. If we do not close this loophole, several hundred megawatts of DOD taxpayer funded solar projects could go to Chinese firms.
No. 2, last year's bill only applied Buy American when solar devices are ``reserved for the exclusive use'' of DOD for the ``full economic life.'' Solar power projects often sell back to the grid, so the combined effect of both of
these loopholes is that Buy American does not apply to DOD-purchased solar on DOD property.
The amendment I am offering today, on behalf of myself and Senator Schumer, closes these loopholes and applies Buy American requirements to all solar panels that are part of contracts with DOD.
If American taxpayer funds are used to improve our military bases' energy security, American solar firms should have an ability to compete.
We know that other nations like China are spending vast resources to become leaders in the solar power market. They do not play by our trade rules, and they are taking advantage of our taxpayer funds.
This amendment halts that practice, while maintaining all existing provisions of the Buy American Act: nations who are in the WTO are not discriminated against and existing exemptions such as availability and cost still apply.
Our amendment is supported by a strong coalition of U.S. solar manufacturers, many of which are based overseas, and U.S. workers and labor unions.
I thank Sen. Schumer and his staff for their work on this and I urge the Senate's support.
Mr. President, I yield the floor.
I did. Let me say to Chairman Levin, not only lively, robust, but very informative. I learned a lot in the process of listening to him and to Senator McCain and Senator Durbin and the other Senators who came down about the issue. I think that is the way the Senate works best: to have the amendments and various provisions of the Defense authorization bill be a part of a lively and informative debate.
I thank the Senator for that, and I yield the floor.
At this point I am still listening and trying to ascertain as much as I can about the actual provisions of the Defense authorization bill. But the Senator is correct. There could be trouble in Udall Valley. There might be a split. We do not see that yet, but there is a possibility of it.
I also know that when the two of my colleagues--when the chairman and Senator McCain, the ranking member-- come together on a prevision and are able to persuade their committee to go with it, that says something to the Senate itself, to have that before the Senate. I want to study it very carefully. I know Senator Graham was down here, who has been very active on this issue and has a tremendous amount of experience. I look forward to the continuing debate, and I yield the floor.