J. Thurmond

Mr. THURMOND

Mr. THURMOND. Mr. President, I ask unanimous consent that the Committee on Labor and Human Resources be authorized to meet in executive session during the session of the Senate on Wednesday, June 26, at 9:30 a.m.

Mr. THURMOND. Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet during the session of the Senate on Wednesday, June 26, 1996, at 9:30 a.m. to conduct a hearing on amendments to the Indian Child Welfare Act [ICWA]. The hearing will be held in room 485 of the Russell Senate Office Building.

Mr. THURMOND. Mr. President, I ask unanimous consent on behalf of the Governmental Affairs Committee to meet Wednesday, June 26, 1996, at 10 a.m. for a hearing on Senate Resolution 254, sense of the Senate regarding the reopening of Pennsylvania Avenue.

Mr. THURMOND. Mr. President, I ask unanimous consent on behalf of the Governmental Affairs Committee to meet Wednesday, June 26, 1996, at 9:30 a.m. for a markup.

Mr. THURMOND. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, June 26, 1996, at 10:30 a.m. to hold a business meeting to vote on pending items.

Mr. THURMOND. Mr. President, I ask unanimous consent that the Subcommittee on Near Eastern and South Asian Affairs of the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, June 26, 1996, at 2 p.m. to hold a hearing.

Mr. THURMOND. Mr. President, I ask unanimous consent that the Committee on Finance be permitted to meet Wednesday, June 26, 1996 beginning at 10 a.m. in room SH-215, to conduct a markup on S. 1795.

Mr. THURMOND. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be granted permission to meet during the session of the Senate on Wednesday, June 26, 1996, for purposes of conducting a full committee hearing which is scheduled to begin at 9:30 a.m. The purpose of this hearing is to consider S. 1804, a bill to make technical and other changes to the laws dealing with the territories and freely associated States of the United States; oversight considering the law enforcement initiative in the Commonwealth of the Northern Mariana Islands; and S. 1889, a bill to authorize the exchange of certain lands conveyed to the Kenai Natives Association pursuant to the Alaska Native Claims Settlement Act, to make adjustments to the National Wilderness System, and for other purposes.

Mr. THURMOND. Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be allowed to meet during the Wednesday, June 26, 1996, session of the Senate for the purpose of conducting a hearing on S. 1726, the Promotion of Commerce On-Line in the Digital Era (Pro-CODE) Act of 1996.

Mr. THURMOND. Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Wednesday, June 26, 1996, to conduct a markup of S. 1317, the Public Utility Holding Company Act of 1995.

Mr. THURMOND

Mr. THURMOND. Mr. President, I propose an amendment that would provide for continued military support to the Selective Service. Mr. President, the downsizing of the reserve component force is causing the military leadership to reevaluate their ability to continue providing support to the Selective Service. This amendment will exempt the reservists who are assigned to duty with the Selective Service from counting against the selective reserve end strength. In order to preclude any part from taking advantage of this exemption, the amendment would limit the number of reservists who could be assigned to duty with the Selective Service at the 1996 level. Mr. President, this is a no-cost amendment which will benefit the Selective Service and the reserve component personnel assigned in support of the unique mission of the Selective Service. I urge my colleagues to support the amendment. Mr. President, I thank the Chair and yield the floor.

Mr. THURMOND. Mr. President, my amendment would strike section 2812 and sunset section 634 of the Defense authorization bill. Section 2812 would have allowed the proceeds from sales of facilities at base closure sites built with commissary store funds or nonappropriated funds to be deposited into established funds to support commissary stores and nonappropriated fund activities. Section 634, would authorize the Secretary of Defense to pay an annuity to the surviving spouses of retired service members who died before March 1974. This group of surviving spouses has become known as the ``Forgotten Widows'' since they were widowed before the Survivor Benefit Plan was enacted. Mr. President, the Congressional Budget Office scored these provisions as direct spending, which is not in the committee's allocation, I am requesting that section 2812 be stricken and section 634 be terminated effective September 30, 2001. Mr. President, I know of no objection to the amendment and ask that the Senate adopt the amendment.

Mr. THURMOND. Mr. President, in the fiscal year 1996 Defense Authorization Act, Congress imposed a cost cap on procurement of the three Seawolf class submarines that Congress has authorized. The principal purpose of this cost cap was to cause the Navy to focus careful attention on the program to forestall the type of cost growth that plagued other major shipbuilding programs in the past. While the Navy was given ample opportunity to participate in its development, the cost cap is a tight one that will require constant attention throughout the construction of the ships. The Navy has responded by implementing a number of management changes that proved successful during the past year in containing cost growth. Included was the creation of an independent cost review team that has an independent charter to examine the program's books and report any concerns that arise to the Navy's Senior Acquisition Executive. As the team has developed information the committee has been kept informed. A concern that has emerged this year is the existence and status of program costs that have been allocated to canceled Seawolf submarines. As my colleagues will recall, the original Seawolf program called for construction of more than 20 submarines of the class. In the immediate aftermath of the cold war as the defense budget declined, the program was terminated. At the time funds had been fully or partially appropriated for six Seawolf submarines. After careful review Congress has partially restored the Seawolf program to the extent that three or the submarines will be built. However, a considerable amount of sunk cost was incurred as a consequence of contracts detail design and for construction of various components for now canceled submarines that will never be built. When the Navy was asked to assist in developing a cost cap total last year, it did not propose inclusion of these sunk costs in the cost cap. However, legitimate questions have been raised by the Navy's independent cost review team as to whether some portion of these costs, such as those for detail design or for components that may eventually be used in the three Seawolf submarines that are under construction, should be included in the cap. The committee acted to address the matter of detail design costs in report language that accompanies this bill by acknowledging them and noting that they had not been included in the cost tap. Subsequent to our markup, however, additional sunk costs have been identified associated with the termination of nuclear and nonnuclear components for which an argument could be advanced on both sides as to whether they properly belong within the cost cap. These are not hidden costs that have suddenly appeared. They have been routinely reported by the Navy as part of the total program cost. The issue is whether they should or should not have been associated with the three subs presently under construction. One course of action that we could have pursued as questions were raised by the conscientious efforts of the Navy's independent cost team would have been to ignore them. However, this course of action could have led to future acrimony as to whether the Navy had breached the cost cap. Another alternative would be to include them in the cost cap number. However, since the cost cap was put in place to safeguard against future cost growth vice documenting sunk costs, this approach would have contributed little, if anything, toward satisfying that objective. Our recommended approach, the one reflected in this amendment, would be to first reaffirm last year's cost cap, a cap stringent enough to demand constant vigilance by the Navy and concurrently acknowledge in law that certain costs that have been associated with canceled submarines are excluded from it. This approach appears a more prudent means of avoiding any future legal disputes than to employ revised report language to accomplish the same objective. In my opinion, adopting this amendment will address legitimate issues and also encourage the Navy to continue forthright discourse with Congress on the progress of the Seawolf program. I strongly encourage my fellow Senators to join me in supporting it.

Mr. THURMOND

Mr. THURMOND. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. THURMOND

Mr. THURMOND. Are we ready to vote? Mr. LIEBERMAN addressed the Chair.

Mr. THURMOND. Mr. President, I want to say to the Senator that we think he has a meritorious amendment, and we will accept it.

Mr. THURMOND. I move to lay that motion on the table. The motion to lay on the table was agreed to. Vote on Amendment No. 4274

Mr. THURMOND. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. THURMOND. I believe Senator Bingaman has an amendment. Amendment No. 4276 (Purpose: To repeal the permanent end strengths)

Mr. THURMOND. Mr. President, I move to reconsider the vote.

Mr. THURMOND. Mr. President, it appears this amendment has merit, and we will accept it.

Mr. THURMOND. Mr. President, if the Senator will withdraw it for just a moment.

Mr. THURMOND. Mr. President, I rise to oppose this amendment. This amendment would repeal the end strength floors enacted in the National Defense Authorization Act for fiscal year 1996. The goal in establishing these floors was to prevent the Department of Defense and the administration from sacrificing active duty strength below levels necessary to successfully prosecute two major regional contingencies in favor of other budget priorities. Earlier this afternoon, we debated and adopted an amendment offered by Senators Lieberman, Coats, McCain, Nunn, Lott, Robb, Thurmond, and others which called for a commission to review the national security strategy and to recommend a new, requirements-based force structure plan. I support that amendment and I think that repealing the active duty end strength floors before such a force structure review is completed would be premature. Mr. President, just to set the record straight, I want my colleagues to understand that the uniformed personnel chiefs have not opposed the end strength floors. The floors are set at the level requested in the administration's Bottom-Up Review. This number represents the end state of the defense downsizing. No military or civilian leader in the Department of Defense has requested more reductions to our active force during testimony before our committee. Section 401 of the defense authorization bill we are now debating provides the services the flexibility which the uniformed personnel chiefs requested. Any further reductions to military strengths must follow congressional concurrence with a new force structure review and a comprehensive revision to the roles and missions of our Armed Forces. Repeal of the active duty end strength floors in the absence of such reviews and recommendations would be foolhardy and ill-advised. I urge my colleagues to oppose this amendment. Mr. President, I thank the chair and yield the floor.

Mr. THURMOND

Mr. THURMOND. Mr. President, I want to commend the able Senator for taking the action that he has. I knew Congressman Emerson. He was an outstanding man, a man of integrity, ability and dedication. I think the action taken here today categorizes this man for what he is: a man who loved this country, who served it well. This action taken is altogether taken to honor his memory. I yield the floor. Mr. ROBB addressed the Chair.

Mr. THURMOND. Will the Senator yield?