John Warner

Mr. WARNER

Mr. WARNER. It is very similar, if not identical.

Mr. WARNER. Madam President, I yield the floor.

Mr. WARNER. Mr. President, I would like to pick up on my distinguished colleague's last point with regard to the projected budget cycle as it relates to this program. In fairness, the distinguished Senator from Massachusetts should point out that while that document outlines a proposal for a program, Congress carefully has enacted the checks and balances such that every step of the way that program has to be reviewed by the Congress, authorized, and appropriated. Those are the types of checks and balances that should be accorded a program of this significance. I point out, and I read from the conference report on the National Defense Authorization Act for fiscal year 2004, the requirement for specific authorization of Congress for commencement of engineering development phase and subsequent phase of the robust nuclear earth penetrator, section 3117 of the law, the Senate amendment contained in provision 3135 that would require the Secretary of Energy to obtain specific authorization from Congress to commence development engineering phase of the nuclear weapons development process or any subsequent phase of a robust nuclear earth penetrator weapon. So I assure my colleagues, I assure the American public, Congress is carefully monitoring each step of this proposed program. My good friend from Massachusetts pointed out about the military requirements. The Chairman of the Joint Chiefs of Staff, in appearing before Congress, established the military requirement. Senators on the other side of this debate have argued there is no military requirement, as did my good friend and colleague from Massachusetts. Congress should not be funding, he has argued. This is a case of getting so involved in technology that we lose sight of the purpose behind the words. I think it is extremely important that the record of this debate reflect the following: In an appearance before the House Armed Services Committee in February of this calendar year, the Chairman of the Joint Chiefs of Staff, General Myers, addressed the following question: Is there a military requirement for RNEP? General Myers answered the question as follows: Our combatant commander that is charged by this nation to worry about countering the kind of targets, deeply buried targets, certainly thinks there's a need for this study. And General Cartwright has said such. I think that. I think the Joint Chiefs think that. And so, the study is just that. It's not a commitment to go forward with a system; it's just to see if it's feasible. It is just to see whether the technology of the United States can take an existing warhead. There was some inference that we are increasing the stockpile. It is very important to recognize we are simply performing tests and evaluation on existing warheads to determine whether they can be reconfigured to achieve the mission of penetrating the earth to certain depths, depending on the consistency of the soil and the above earth, and render less effective, if not destroy, a potential situation beneath the earth, which definitely challenges the security of this Nation and the world. It is as simple as that. So this whole debate is about whether a modest sum of money can be continued to be applied to a program to determine a feasibility study. Depending on the outcome, the Congress comes back in and then establishes whether the facts justify, as well as the threat situation, as well as the military needs, the next step of a program that would take some several years to evolve and produce a weapon. General Myers continued: So we can argue over the definition of a ``military requirement'' and when a ``military requirement'' is established. We can argue over when in the study of a concept--which is what we are talking about here--when should the requirement be established. We can argue over definitions or we can listen to the Chairman of the Joint Chiefs and the Commander of Strategic Command, who advise the Congress that it is in the interest of the United States to complete the feasibility study. Somewhat regrettably, over the past 24 hours we have had a lot of back and forth about time consumed on this, that and one of the other things. I tend to be very indulging in the fact that the Senate is an unusual body and there is the right to discuss whatever a Senator wishes. But just 3 weeks ago we had this exact amendment before this body, except for one change. Senator Feinstein had put the funds which would be resulting from a cancellation towards the public debt, a laudable purpose. It has nothing to do with the military requirements, nothing to do with anything about the weapon. Senator Kennedy made one small change: Let us take it from the public debt and give it to the DC National Guard. Well, I can understand how the DC National Guard is brought into a clear focus in its responsibilities given the worldwide events of recent times. I am not unmindful of those situations. But if there is a need for funding for the D.C. National Guard, let it be brought forth independently. It should not be a predicate or a basis for making a major decision as to whether to go forward on this important research program and study. So I say to my colleagues, if there is a problem with the D.C. National Guard, bring it to the attention of the managers. We will be on this bill for a few days. We have time. We will take a look at it. I am mindful of what occurred here last night and what occurred here again this morning about how we are just grinding our wheels and not being productive. This same identical amendment was rejected by the Senate 3 weeks ago in a vote. I yield the floor.

Mr. WARNER. Mr. President, I thank my distinguished colleague, and I assure him, in consultation with the chairman and indeed the ranking member of the Senate Intelligence Committee, his amendment will be given every careful consideration. Mr. President, at this time I know there is another Senator.

Mr. WARNER. Yes, I wasn't quite certain. I thought there was a brief time in which you were going to address the Senate. I am trying to accommodate one of your colleagues.

Mr. WARNER. Can the Senator advise the Chair and the Senate the time you would require?

Mr. WARNER. Very well, Mr. President. We will all wait that period of time. Thank you.

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Friday, July 22, 2005, at 10 a.m. to hold a hearing on Nominations.

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that at 1 p.m. on Monday, July 25, the Senate proceed to the immediate consideration of a resolution commemorating the 15th anniversary of the Americans with Disabilities Act, the text of which is at the desk. I further ask that there be no amendments in order to the preamble or resolution, and that there be 1 hour of debate as follows: 30 minutes at 1 p.m. on Monday and 30 minutes at 5 p.m. on Monday, all equally divided between the majority leader or his designee and Senator Harkin or his designee. I further ask unanimous consent that upon the use or yielding back of time, the Senate proceed to a vote on the resolution, at the conclusion of which the preamble be agreed to and the motion to reconsider be laid upon the table, all without intervening action or debate.

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition and Forestry be authorized to conduct a committee business meeting during the session of the Senate on Thursday, July 21, 2005 at 10:30 a.m. in SR-328A, Russell Senate Office Building. The purpose of this business meeting is to mark up an original bill regarding the reauthorization of the Commodity Futures Trading Commission.

Mr. WARNER. 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 July 21, 2005, at 10 a.m., to conduct a hearing on the ``The Semiannual Monetary Policy Report to the Congress.''

Mr. WARNER. Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Thursday, July 21, 2005, at 10 a.m., on pending committee business.

Mr. WARNER. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, July 21, at 10 a.m. The purpose of this hearing is to receive testimony regarding the current state of climate change scientific research and the economics of strategies to manage climate change.

Mr. WARNER. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate, on Thursday, July 21 at 10 a.m. to consider pending nominations: Jill L. Sigal to be Assistant Secretary of Energy for Congressional and Intergovernmental Affairs; David R. Hill to be General Counsel of the Department of Energy; James A. Rispoli to be Assistant Secretary of Energy for Environmental Management; R. Thomas Weimer to be an Assistant Secretary of the Interior for Policy, Management and Budget; Mark A. Limbaugh to be an Assistant Secretary of the Interior for Water and Science.

Mr. WARNER. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, July 21, 2005, at 10 a.m. to hold a hearing on United Nations Reform.

Mr. WARNER. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, July 21, 2005, at 2:30 p.m. to hold a hearing on Nominations.

Mr. WARNER. Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to hold an off-the-floor markup during the session on Thursday, July 21, 2005, to consider the nominations of Richard L. Skinner to be Inspector General of the U.S. Department of Homeland Security, Brian David Miller to be Inspector General of the General Services Administration, and Edmund S. Hawley to be Assistant Secretary of the U.S. Department of Homeland Security.

Mr. WARNER. Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Thursday, July 21, 2005, at 9:30 a.m., in Room 485 of the Russell Senate Office Building to conduct a hearing on S. 1003, the Navajo-Hopi Land Settlement Amendments Act of 2005.

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motion to reconsider be laid upon the table.

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that the HELP Committee be discharged from further consideration of S. 544 and the Senate proceed to its immediate consideration.

Mr. WARNER. I ask unanimous consent that the amendment at the desk be agreed to, the bill, as amended, be read the third time and passed, the motion to reconsider be laid upon the table and that any statements relating to the measure be printed in the Record.

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be discharged from further consideration of the bill H.R. 2385, and that the bill be referred to the Committee on Homeland Security and Governmental Affairs.

Mr. WARNER

Mr. WARNER. Mr. President, there is one matter remaining. I want to thank all of those who have been working very hard on the Defense authorization bill. I am not just speaking of the Senators or their staffs but all of those who make it possible for this venerable and great institution to work. Long hours are expended here. This Chamber remains open, and while there are not many people to be seen, there are many people around this Chamber working diligently to keep it open. I thank them all, and I would assure them that momentarily this final matter will be concluded and we will be able to stand in adjournment. I suggest the absence of a quorum.

Mr. WARNER

Mr. WARNER. Before the Senator from Oregon addresses the Senate, I wish to speak for 2 minutes and thank colleagues for their strong support of this amendment. We do not often get 100 votes. It was not put up here in mind that there would be 100 votes. It is very reassuring to send this strong messages to our Armed Forces and indeed throughout the world that the Senate stands behind those measures which will strengthen our ability to fight terrorism in the world. At this point in time in the struggle against terrorism, not only with our country but the coalition of nations, the type of weapons being employed, while basic in nature, are lethal in nature, and it requires the modification of our military equipment. This amendment provides the funds to do it. I thank my colleagues, and I yield the floor.

Mr. WARNER. Mr. President, on our side we will at an appropriate time interject our opposition to this amendment. We have just gotten the amendment, and it requires some further study. So until such time as I get some additional material, I will have to defer my statement in opposition.