John Warner

Mr. WARNER

Mr. WARNER. Our Nation.

Mr. WARNER. But he did forewarn the Nation.

Mr. WARNER. Mr. President, it was very interesting. I followed it very closely. The Senator from West Virginia is a valued member of our committee. I fully admit that I advanced in the course of our hearings in markup, and likewise the various provisions, which give rise to the Senator's concern. I strongly support the President's action of exercising article 15 and giving notice. But I must say I am intrigued by the comments of the Senator from West Virginia. He obviously has done a good deal of research. What are the precedents by which a President feels that a treaty is no longer of value to our Nation? Have they heretofore formally consulted and notified particularly the Senate which has to give the advice and consent? I will research that. But I was interested to the extent that the Senator might have some knowledge of it. We have had, I guess, minimal consultation. The distinguished Senator from West Virginia, my colleague--I have been here 23 years; my colleague has been here many more years than I. I recall that many times we would sit down with Presidents and discuss momentous decisions regarding foreign policy informally. Then we had extensive hearings on the ABM Treaty. In each one, I advocated that we basically take the action our President was taking. But I am trying to think of the consultative process. At this particular time, the best that I know is there were telephone calls with the Secretary of Defense and discussions with me about it. I presume that occurred with my chairman and perhaps the Senator from West Virginia. But what are the precedents for Presidents in a more formal way advising the Senate about the fact that he has reached a decision that a treaty is no longer of value to this country, and, therefore, he is going to exercise such a provision as the treaty may provide for the withdrawal?

Mr. WARNER. To do what he did.

Mr. WARNER. Mr. President, will our distinguished colleague yield for a question on the speech he has just given?

Mr. WARNER. Mr. President, I thank my distinguished colleague. I do not feel that he just walked away. In deference to your observations, he did, through a series of hearings with his key advisers, through public statements, clearly indicate his strong dissatisfaction with a treaty which has served its purpose, in my judgment, and now, given the turn of events-- particularly those on September 11, when our Nation was shocked at the devastation brought on by terrorists--he feels it imperative, that it is his duty to now begin to proceed to explore technology and options which could lead to an effective system that hopefully will be deployed. But I just wanted to see----

Mr. WARNER. I just wanted to see if there were precedents. Perhaps henceforth the Senate, in the advice and consent process, should put a--what do we call it?

Mr. WARNER. Yes, into a treaty requiring the President, before any amendment or reinterpretation, to come back and seek the advice and consent of the Senate on his proposal. There we state very clearly. But so far as I know, I do not know of a requirement or a precedent which our President has broken, nor did he do anything that was not in accordance with the law and/or the terms of the treaty.

Mr. WARNER. No. I think you would do quite well.

Mr. WARNER. I thank my colleague. I remember the many debates we have had in the past on the War Powers Act. Although that act is observed in spirit by Presidents, Republican and Democrat, they certainly have never accepted it really as the letter of the law. It does explicitly set out the need for consultation with the Congress.

Mr. WARNER. And we have had various forms of consultation heretofore.

Mr. WARNER. Madam President, this morning, President Bush announced that he had given Russian President Putin formal notice that the United States--pursuant to article 15 of the 1972 Anti-Ballistic Missile Treaty--was exercising its right to withdraw from that Treaty. That article provides that ``each Party shall . . . have the right to withdraw from this Treaty'' with six months notice. I support the President's action. The ABM Treaty has served the cause of peace well for many years, but the Treaty has completed its mission. It was negotiated and signed in an era when the United States and the Soviet Union were implacable enemies. I, as Secretary of the Navy, was in Moscow in May 1972, where President Nixon signed the ABM Treaty for the United States. Each nation sustained large nuclear forces aimed at the other. The Treaty was seen as a means of controlling the arms competition between our two nations and as a building block to other arms control agreements. It has served its purpose. But the cold war, as President Bush noted in his remarks today, is long over. The Soviet Union has fallen, and Russia is, in the words of President Bush, no longer an enemy. Our President is pursuing with Russia a new strategic relationship. As President Bush has said, ``We're moving to replace mutually assured destruction with mutual cooperation.'' President Putin has accepted this new challenge and we can expect the two Presidents to make further progress. Now our President must explore new technologies and provide a system to protect our people from attacks by a limited number of missiles. The events of September 11 dramatically illustrate that this nation has enemies willing to go to extraordinary lengths to attack our homeland and indiscriminately kill thousands of innocent civilians. Where some doubted such devastation to our nation could ever occur, all doubts are now gone. We know that terrorists are seeking to acquire weapons of mass destruction, and we know that many of the nations that support the terrorists either have, or are seeking to acquire, both weapons of mass destruction and the means to deliver them. It is the first obligation of any U.S. President to provide for the defense of our citizens and our vital national interests. President Bush is committed to protecting our nation--from all known threats. His commitment to provide defenses against attack from a limited number of ballistic missiles, and his determination to move beyond the ABM Treaty are motivated by this solem obligation. From the inception of the new administration, President Bush and his key advisors have persistently pursued with Russia, through a series of consultations, a framework of understandings that would enable the United States to perform testing of new options and other steps leading to the eventual deployment of a ballistic missile defense system. These discussions will continue, but it is timely for the United States to give notice under article 15. Some have claimed that exercising this option to withdraw is a ``violation'' of the Treaty. It is not. It is not a ``violation'' to exercise our rights under article 15. The Russian Government certainly recognizes and accepts this. Indeed, the statements coming from Russian leaders indicate that President Bush, and his key aids:, have carefully laid the groundwork for U.S. withdrawal from the treaty. The U.S. action was preceded by U.S. and Russian commitments to accomplish the most dramatic reductions in offensive nuclear forces in the history of arms control. This was a high priority for Russia. There is no sense that U.S. withdrawal will result in a new arms race. There is, instead, a sense of acceptance and a recognition that our close relationship will continue to grow. The President has an obligation to defend this nation--from all known threats. Deliberately leaving our nation vulnerable to missile threats in a world so unpredictable and dangerous is not the wise course of action. We cannot, and must not, allow another nation to have a veto over our right to defend our homeland and our people. The President has acted courageously. He has my full support.

Mr. WARNER. Would the Senator yield so that I could join him simply in thanking the Senator for his reference to the two of us and our staffs. We very much value his work as a member of the Armed Services Committee.

Mr. WARNER. Madam President, I want to start by thanking Chairman Levin, and his staff under the fine leadership of David Lyles, for the manner in which they conducted this conference. It was a team effort from start to finish, and we have a good product to present to the Senate as a result. We were all sent here by our constituents to do the people's business, and that we have done. The conference report now before the Senate strengthens the President's hand in the on-going way on terrorism. This legislation sends a clear signal to all of the men and women in the military--from the newest private to the four-star general--that we are clearly behind them. With this legislation, we are providing critical funding and legislative authorities to support the men and women defending freedom in Afghanistan and those on station around the world who are safeguarding our liberties and who are prepared to answer the call on a moments notice. The conference report we are presenting to the Senate today contains $343.3 billion for defense--an increase of almost 11 percent over last year's level. In addition, this legislation authorizes the defense portion of the $40 billion emergency supplemental that was proposed by the President to respond to the events of September 11. Of that $40 billion the Defense Department has received $13.7 billion from the first $20 billion increment, and will receive several billion more from the second $20 billion--the exact amount is still the subject of an ongoing appropriations conference. As our military is engaged in an all out war against terrorism, the Congress is fulfilling its duty with this legislation by providing the funding needed to successfully conduct that war. Just 3 weeks ago, I joined Chairman Levin in visiting our military men and women who are participating in Operation Enduring Freedom. We visited with forces in Uzbekistan, were privileged to share Thanksgiving dinner with some of our troops in Pakistan and with sailors aboard the USS Carl Vinson, from which planes are flying in support of forces in Afghanistan. Our Nation can be proud of the men and women serving in our Armed Forces. The dedication, professionalism and bravery that is being displayed at any hour of the day or night is extraordinary. During our trip to the region, we spent time with a Special Forces team of 11 men preparing to deeply into Afghanistan. I was struck by the professionalism, courage and dedication of these soldiers. With imminent danger ahead, their thoughts were of mission, home, family and their uncompromising love of country. They knew they were embarking on a critical mission, and they were ready to go. I have had the privilege of being associated with the United States military for over a half a century, beginning as a young sailor in the closing days of World War II. I have never seen greater bravery or dedication or commitment in the faces of our soldiers, sailors, airmen and Marines. The support of the Congress and the American people is the only modest recognition they hope for. That, we owe them; that they have, not since the days of world War II has the nation been so united behind the men and women in uniform. I commend President Bush for his inspiration and leadership. During the nearly 10 weeks of military operations, he has communicated his clear intent, and he has not wavered. The American people are united behind him and behind our military. It is interesting to note that, less than a year ago, the Bush Administration inherited a proud armed force but one that was showing the effects of a decade of underfunding and over commitment abroad. While U.S. servicemen and women performed their military missions with great dedication and professionalism, military personnel, equipment and infrastructure were increasingly stressed by the effects of the unprecedented number of military deployments over the past decade, combined with years of declining defense spending. This contributed to what General Hugh Shelton, former Chairman of the Joint Chiefs of Staff referred to as the ``strategy-resource mismatch.'' President Bush is to be commended for the increases he has proposed in defense spending. Prior to September 11, the President recommended increases for Defense for fiscal year 2002 totaling $38.2 billion. These increases represent an almost 11 percent increases in Defense spending above the fiscal year 2001 amount. The amount for Defense requested by the President in the emergency supplemental totals over $20 billion. Hopefully that additional amount will be provided as well. Building on the President's solid proposal for fiscal year 2002, Senator Levin and I were able to conclude a conference agreement that is much needed by the military, particularly at this time of conflict when those in uniform and their families are facing all the dangers and unknowns of war. The conferees have stepped up to meet the challenges and to provide our Commander-in-Chief, President Bush, what is needed at this critical time in America's efforts in leading the world against a common enemy--terrorism. A few days ago, the President returned to the Citadel to address the Corp of Cadets. In his remarks, the President reaffirmed his vision for the armed forces and his plan for defending the blessings of liberty and freedom against those who would seek to destroy them. The President noted at the Citadel, ``If America wavers, the world will lose heart. If America leads, the world will show its courage. America will never waver. America will lead the world to peace.'' In this time of war, we must show our support for our military, our President. I thank all Senators who supported the conference report. Madam President, I will remain on the floor indefinitely. We do wish to accommodate other colleagues. The distinguished Senator from Arizona is present, and at the appropriate time, we will try to accommodate our colleague from Arizona. I see our colleague from Hawaii. This Senator will be very happy at this time to yield the floor, if he so desires to seek recognition.

Mr. WARNER. No thanks are necessary. It is my duty. My constituents sent me, and we will at some point in time resume the colloquy between the chairman and myself. At this time, I yield the floor.

Mr. WARNER

Mr. WARNER. Could we clarify that half hour for Senator Byrd?

Mr. WARNER

Mr. WARNER. 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. WARNER

Mr. WARNER. Have the yeas and nays been ordered on the defense authorization conference report?

Mr. WARNER

Mr. WARNER. Madam President, yesterday marked the three month anniversary of one of the most tragic days in American history. While the loathsome, cowardly acts of terrorism that took place on September 11, 2001 have deeply wounded our country, they have not, and never will, dull the spirit and resolve of the American people. My thoughts and prayers continue to be with those who lost loved ones on that horrific day. And, I continue to express my deepest appreciation to the thousands of individuals who stepped up on the face of danger to assist in the devastating aftermath at the Pentagon, the World Trade Center, and at the Pennsylvania crash site. The Congress has come together, speaking with a unified bipartisan voice, on several pieces of legislation. Members of Congress have joined together in support of our President and his determination to punish the perpetrators of these attacks. We have joined together on legislation to help law enforcement prevent additional acts of terrorism and to help law enforcement bring terrorists to justice. We have also come together to provide additional resources to bolster our public health infrastructure to better prepare this country in the event of a more widespread biological attack. I rise today to express my gratitude for my colleagues' willingness to work in a bipartisan fashion on yet another piece of legislation in response to the September 11 attacks. On November 27, 2001, the Health, Education, Labor, and Pensions Committee reported out legislation to provide assistance with the mental health needs of individuals affected by the terrorist attacks of September 11, 2001. Today, I am pleased to report that this legislation, which I worked so closely on with Senators Kennedy, Frist, and Gregg, has passed the Senate by unanimous consent. The legislation has three main components. First, it authorizes the Secretary of Health and Human Services to provide grants to areas that are directly affected by the attacks of September 11, 2001, such as Northern Virginia and New York City. Grants can be used by State and local governments to respond to the long-term mental health needs arising from that disaster, particularly for the treatment of those individuals who do not have mental health insurance coverage or who are under-insured. Second, the bill permits the Secretary to provide grants for training mental health professionals in the treatment of certain disorders, such as post traumatic stress disorder, that may result from disasters. Finally, the legislation permits the Secretary to make grants to States and localities to develop a coordinated mental health response plan in the event of a future disaster. While the extent of the long term mental health consequences of September 11, 2001 are not entirely known, the needs are certain to be serious. This legislation makes it clear that Congress is committed to meeting the essential mental health needs of the individuals and families who were injured or killed in the terrorist attacks on this great Nation. I thank my colleagues for their support of this legislation.

Mr. WARNER

Mr. WARNER. Mr. President, the Secretary of the Army just called me. Yesterday, I put in an amendment to the pending matter before the Senate with regard to the desire on behalf of the Congress of the United States to see that Captain Charles ``Chic'' Burlingame, the pilot of American Airlines flight 77, be buried in his own grave site at Arlington National Cemetery. In recognition of the growing interest in the Congress, I was assisted on this by so many. My distinguished colleagues, Senator Allen, Senator McCain, and Senator Inouye very graciously put this amendment into the managers' package. Senator Stevens and others, Senator Cleland, and the Senator from Louisiana are all involved. This matter has now been reviewed by the White House and by the Secretary of the Army. The Secretary of the Army has indicated to me that he will, under the regulations, exercise his authority to enable this very courageous and distinguished American and Navy veteran to be buried in his own grave, and at such time in the future to further have his wife interred with him. I thank all who worked on this. There have been many in the Chamber, along with my colleagues in the House, Frank Wolf, Tom Davis, and others, and also the Secretary of the Army has worked very carefully on it. I went over and visited the Secretary of the Army a short time ago, having been in conference with the two brothers of this individual. It is a team effort by the administration and the Congress. The Secretary is hopeful that the Congress will enact the legislation filed yesterday because it would be an important part of the decisionmaking process. I indicated to him I believe the Senate would, in due course, act on it. I am in contact with colleagues in the House to have a companion bill acted on. I thank all concerned. We wish the widow and his family and his two brothers who worked so hard on this the very best. So the funeral now can go forward and he will have his own grave site. I thank the distinguished Presiding Officer and my colleague for allowing me to make this statement.

Mr. WARNER. I say to my colleague, a matter of some interest has arisen. I received a call from the Secretary of the Army. If I could have 2 minutes, I think colleagues would be interested.

Mr. WARNER

Mr. WARNER. Mr. President, I thank the Senator from Delaware for his thoughtful remarks and for his service to the Nation in the U.S. Navy, when I happened to have been Secretary of the Navy. He is very respected for that period when I was the boss.

Mr. WARNER

Mr. WARNER. Madam President, as we look upon our life in the Senate, it is, indeed, a privilege for those of us to serve with our distinguished colleague from Hawaii. I, too, am a member of the generation of World War II, having joined the Navy in January of 1945. My modest service to country pales in comparison to that of our distinguished colleague from Hawaii, as it does in comparison to that of our colleague from Alaska, Senator Stevens, Senator Hollings, Senator Thurmond, Senator Helms, and Senator Cochran. I think we in this Chamber are the last of the few of that generation. I had hoped today and had scheduled to join the President of the United States aboard the U.S.S. Enterprise in Norfolk, VA, together with my junior colleague, Senator Allen. We, as our colleague from Hawaii, will be at our duty stations here in the Senate today. But I never let this day pass without my own recollections of that period as a very young man at age 17, as I say, entering the Navy and what the military did for me to enable me to achieve my goals in life. The GI bill was the greatest investment this Nation ever made in that generation, and I was a beneficiary of that. Together with other colleagues, in my 23 years here in the Senate, on the Armed Services Committee, we, as a team, have tried to do our very best for the men and women of this generation who are proudly serving in uniforms of our country and who eventually either will select the military as a career or return to civilian life and avail themselves of the educational and other benefits they earned through their service. Just 10 days ago, the chairman of the Committee of Armed Services, Senator Levin, and myself had the privilege of visiting our troops in Uzbekistan during the Thanksgiving period. We overflew Afghanistan, Pakistan, and Oman. I awakened this morning listening to people trying to compare the generation of World War II with those in uniform today. And Mr. Ambrose, the noted author, said he felt this generation, in every respect, equals the generation of World War II. I made that very same statement on the floor of the Senate right after September 11. Having seen them on this trip, I assure America that this generation now in uniform is every bit and perhaps even more courageous than those who served in World War II--more courageous because of the complexity of the enemies today and the unknown threats we face in comparison to the clarity of the enemy that faced us in the period of 1941 and for some 4 years thereafter. So it is a privilege for me to serve with our dear friend from Hawaii. How dearly we respect him, and how gracious he is to all of us. Sometimes, in moments of tension around here, when you are seeking a little neutral ground for a little assistance, I go over to that desk and get the reassurance of my friend from Hawaii. But, again, my career is very modest in comparison to that of Senator Inouye, Senator Stevens, Senator Thurmond, Senator Hollings, Senator Helms, and Senator Cochran. I thank my colleague for our friendship. I yield the floor. Several Senators addressed the Chair.

Mr. WARNER

Mr. WARNER. Mr. President, I rise today to introduce legislation for myself, Senator Stevens, Senator Allen Senator Cleland, and Senator Inouye to provide a exception to the rules governing burials at Arlington national Cemetery. This very limited legislation will permit individuals with extensive military service, who lost their lives on September 11, to be buried at Arlington National Cemetery. I am introducing this legislation today, along with my colleagues, to address a specific situation that involves Captain Charles F. ``Chic'' Burlingame III, a resident of Oak Hills Virginia and others who may have the same accrued entitlement. Captain Burlingame was the pilot of American Airlines flight 77, that ill-fated aircraft which was hi-jacked by terrorists and used as a horrible weapon of destruction against the Pentagon on September 11. Captain Burlingame, however, was more than the pilot of that plane-- he was also a retired veteran of the United States Navy. He served his country with distinction for 8 years by flying fighter planes off aircraft carriers--one of the military's most hazardous duties. He continued his military career as a reserve officer, honorably retiring with the rank of Captain. Ironically, Captain Burlingame's reserve duty was in the Pentagon, a building he knew so well. In the aftermath of September 11 we have learned of many heroic acts of those who lost their lives in trying to overcome the terrorists on that tragic morning. This is certainly true in the case of Captain Burlingame. Recent information from the FBI indicate that Captain Burlingame was killed by the terrorists prior to the crash of the Flight 77 into the Pentagon. Clearly, Captain Burlingame gave his life fighting to protect the passengers of the plane and those on the ground. One can clearly see that Captain Burlingame and those who lost their lives on September 11 were the first casualties of our War on Terrorism. Arlington Cemetery is the resting place for many American heroes who gave their lives to protect American freedoms. Certainly, Captain Burlingame's service to country and his sacrifice on Flight 77 should be recognized by our nation. Captain Burlingame's widow, Sheri, and his brothers and sisters, desire that Captain Burlingame be buried in Arlington National Cemetery. Captain Burlingame's superb military service would make him eligible for burial in any of our other National Cemeteries. The very strict regulations which govern burials at Arlington, however, do not allow for burial of a person retired from the Reserves until they reach sixty years of age. Had he merely reached the age of sixty, he would have been fully eligible for burial in Arlington National Cemetery. Additionally, there may be others who lost their lives on September 11 who are in a similar situation. This bill will also allow those person to be buried in Arlington National Cemetery. I respectfully request that my colleagues support this effort. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. WARNER

Mr. WARNER. Madam President, I join Senator Thompson in introducing the Federal Emergency Procurement Flexibility Act. This bill will provide emergency contracting relief to Federal agencies in support of our Nation's fight against terrorism by allowing agencies to effectively buy what is needed to address the threats to our Nation. While the Federal procurement system has improved in the last decade, there are still many areas where changes should be made to support the current emergency. This bill provides for streamlining the contracting process to access new technology, provides for emergency authorities for small purchases, and maximizes the use of existing streamlined procurement authorities. The United States has some of the best ideas and technology in the world. To win the war on terrorism, the government needs to do all it can to gain access to this technology, much of which is located in the private sector. However, many firms, particularly in the biotechnology and information technology sectors, have been deterred from bidding on government contracts by the perception that government contracting is burdened with red tape and requirements. In this time of crisis, we can not afford to keep these businesses on the sidelines. To promote the participation of these firms in solving our homeland defense problems, this bill would authorize the use by federal agencies of ``other transactions'' authority for research and development and prototype projects. ``Other transactions'' authority is a streamlined acquisition approach currently available only to the Department of Defense. This authority has been enormously helpful in allowing the Department of Defense to gain access to the research and expertise of non-traditional defense contractors. I anticipate that the Department of Health and Human Services or the Environmental Protection Agency, for example, would be able to effectively use ``other transactions'' authority to research and prototype new vaccines, detection systems, and remediation technology to meet the bioterrorist threat. For production, service or research needs where ``other transactions'' authority is not appropriate, this bill authorizes ``commercial like'' contracting procedures for those contracts that facilitate the defense against terrorism or nuclear, chemical, biological or information attack on the United States. These commercial contracting procedures are exempted from many government unique requirements and allow for the use of a more streamlined acquisition approach.