John Warner

Mr. WARNER

Mr. WARNER. Mr. President, I wish to indicate to my colleagues that I have carefully studied this. I support the Ensign amendment. I defer to my colleague, Senator Levin.

Mr. WARNER. Mr. President, as I stated on the floor yesterday, I am able to support Senator Ensign's amendment because it now includes several important modifications that were requested by the administration. As a result of those modifications, the amendment more accurately reflects current U.S. policy and law regarding the use of riot control agents by members of the Armed Forces. I thank Senator Ensign for agreeing to those modifications. I will take into account the views and recommendations of the administration as we continue our work on this issue and the bill in conference. The resolution of ratification for the Chemical Weapons Convention, CWC, passed by this body contained a condition requiring the President to certify that the United States is not restricted by the CWC in its use of riot control agents in certain specified circumstances. In addition, the condition required the President not to eliminate or alter Executive Order 11850, which prohibits the use of riot control agents in war ``except in defensive military modes to save lives.'' In response to questions from myself and Senator Levin on the floor yesterday and today, Senator Ensign confirmed that he does not seek through this amendment to amend, expand or reinterpret Executive Order 11850 in any way. It is on that understanding that I can support his amendment. The Senator from Nevada has raised the question of whether the U.S. Armed Forces currently have sufficiently clear authority with respect to riot control agents. I have looked into this matter and consulted with representatives of the Department of Defense, including representatives of our commanders in the field. They have informed me and my staff that, in their view, the use of riot control agents is a very complex matter. It is not clear that commanders in the field want to use ``RCAs'' widely. However, there are a number of cases where RCAs could be very useful to avoid unnecessary loss of life. I have been assured that, consistent with the Executive Order, U.S. Armed Forces have authority to use riot control agents. Furthermore, I am informed that DoD will examine whether any confusion exists about RCA use, and will take all steps necessary to ensure that U.S. Armed Forces have the clear guidance that they need and deserve. I am confident that the DoD and the administration will ensure that our men and women in uniform have every tool available to them consistent with U.S. and international law.

Mr. WARNER. I move to reconsider the vote.

Mr. WARNER. Mr. President, we remain on the bill, but a colleague has a unanimous consent.

Mr. WARNER. Is there not a pending amendment that must be laid aside first?

Mr. WARNER. I thank the Presiding Officer. The Lautenberg amendment is the pending amendment on the Defense authorization bill.

Mr. WARNER. Mr. President, I suggest the absence of a quorum.

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

Mr. WARNER. Mr. President, will the distinguished Senator from Louisiana allow me to propound a question to the distinguished Senator from Illinois before he departs the floor?

Mr. WARNER. I thank the Presiding Officer. Mr. President, I have just gotten this amendment and I am looking it over. It is not unlike similar provisions that have been before the Senate. As a matter of fact, it has been passed by the Senate but dropped in conference. Here is the problem based on, again, very modest military experience of my own, but a lifetime of association with the men and women in the military. I have come to learn the importance of pay. Pay to an individual is a tremendous symbolism. I remember when we advanced from private to private first class or, in my case, from seaman to seaman second class, seaman first class, and so on. I got $4 a month in one pay increase, I remember, in World War II. And then the wife at home often is struggling to make ends meet. Boy, that pay is important. Picture that today we have a total force concept. It is not Reserves serving over here and regulars serving over here. Fortunately, we mix. The units are merged together. When we go to Iraq, as all of us go now, we will find Reserves and regulars performing the same duties commensurate with their rank and their technical experience. Reserves and regulars are subject to the same threat to life and limb from an IED, from the missiles coming in, subject to the same arduous hardships and living conditions both in Iraq and Afghanistan. Then along comes this amendment, no matter how well-intentioned, and suddenly the Reservist gets a significant amount of money in addition to his monthly pay to the regular who is serving right with him, living in the same tent, eating the same food, and taking the same risks. For those of us who have had the opportunity to serve in the ranks, that begins to breed tension and inequities. You don't want those types of tensions as these young men and women are courageously performing their military duties. This is my concern.

Mr. WARNER. Yes, of course.

Mr. WARNER. I am No. 2 for life.

Mr. WARNER. Mr. President, I think we have different perspectives. But pay is a very significant thing in every military person's life. We have to adjust. We certainly have to recognize. What you are in a sense doing, Sears has opted as an employer to do as you state, not let their employee accept the consequences, and there is a category of persons coming in from the Reserve and Guard who simply do not have employers such as Sears Roebuck; for whatever reason their employer won't do it. I don't know, I am concerned about building tensions into these young people in these units.

Mr. WARNER. Mr. President, the Senator is absolutely correct. I could even take it a step further. If we didn't have the Guard and Reserve, we would have to carry in peacetime, as well as wartime, a much larger active force. We are fortunate that in wartime conditions, we have these men and women who will respond, and do so willingly and subject their families. The Senator from Illinois is correct on that point. I have to dwell on this amendment. I just read it. I wanted to have this colloquy, and I appreciate the courtesies the Senator always extends.

Mr. WARNER. The Senator from Louisiana has the floor.

Mr. WARNER. I will be here when the Sun comes up tomorrow.

Mr. WARNER. Mr. President, the Senator raises a very interesting historical perspective. During World War II, the National Guard was mobilized early on and amalgamated with the regular forces. The Reserves likewise were brought in. So everybody was in World War II for the duration. The next major conflict was Korea, in which I had minor participation, modest though it may be. The units I served in were quickly made an amalgamation of Reserves and regulars. I remember vividly the squadron I served in as a ground officer. The Reserve pilots, even though they had been called, some of them had only been on active duty 60 days, barely getting retraining and were flying missions with the regulars who had been on active duty for a number of years. There was no distinction between any of us. We were all treated the same. I was a Reservist called up at that time. Then along came Vietnam, and for whatever reasons, when I was Secretary of the Navy, we didn't employ the Guard and Reserve. We relied on the draft. I would have to research some of the reasons why we didn't do it. This country has fluctuated back and forth. But in direct answer to the Senator's important question, in this conflict, more than ever before, we have relied on the Guard and Reserve. I believe about 60 percent of the uniformed personnel in Iraq tonight, some 150,000 plus, 60 percent of them are Guard and Reserve. So the Senator from Louisiana is very correct in her observation.

Mr. WARNER. Mr. President, first I commend all Senators who have participated in this debate. Each time I listen to the distinguished Senator from Louisiana, I say to my ranking member, she was a very valued member of our committee before she went AWOL.

Mr. WARNER. Yes, proceeding to the Appropriations Committee, where some think all power resides in the Senate. Nevertheless, to think that the Senator found time to work on this amendment, as she has on a number of personnel issues through the years--I remember the last authorization bill. Does the Senator from Michigan remember that?

Mr. WARNER. One of the last amendments we were dealing with was on personnel issues. Anyway, the Senator from Louisiana found time to be here, given the tremendous burdens that she has in connection with the tragic suffering in her State, past, present, and possibly the future. I point out to my colleagues a provision comparable to this is in the House bill now in conference, therefore, that we go to.

Mr. WARNER. I urge adoption of this amendment.

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

Mr. WARNER. Mr. President, the distinguished Senator from Indiana has had a lot on his mind here recently with the tragic natural disaster in his State, and I thank him for finding the time to come to the Chamber and offer this amendment. I recall, during the markup of the Armed Services bill, he, being a very valued member of the committee, had this general concept in mind. The Senator advised the committee as a whole in the markup session that at the time this bill reached the floor, he would have formulated his thoughts and done his research and gathered his colleagues and would present this bill. That he has done, and in that he has succeeded. This is a matter we will take up in conference with careful consideration. I thank our colleague.

Mr. WARNER. Mr. President, it is just a matter of minutes before we start the votes. Perhaps the distinguished Senator from Georgia would like to make some explanation about the vote coming up? Amendment No. 2433

Mr. WARNER. Mr. President, I ask unanimous consent that the vote be delayed by 5 minutes so the Senators may have a minute or 2, I can have a minute or 2, and the Senator from Michigan can have a minute or 2.