CONFERENCE REPORT ON S. 1059, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
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CONFERENCE REPORT ON S. 1059, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
(House of Representatives - September 15, 1999)
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CONFERENCE REPORT ON
S. 1059, NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 2000
Mrs. MYRICK. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 288 and ask for its immediate consideration.
The Clerk read the resolution, as follow:
H. Res. 288
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (
S. 1059) to authorize appropriations for fiscal year
2000 for military activities of the Department of Defense,
for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, and for other
purposes. All points of order against the conference report
and against its consideration are waived.
The SPEAKER pro tempore (Mr. Ewing). The gentlewoman from North
Carolina (Mrs. Myrick) is recognized for 1 hour.
Mrs. MYRICK. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the gentleman from Texas (Mr. Frost), pending
which I yield myself such time as I may consume. During consideration
of this resolution, all time yielded is for the purpose of debate only.
Yesterday the Committee on Rules met and granted a normal conference
report rule for
S. 1059, the Fiscal Year 2000 Department of Defense
Appropriations Act. The rule waives all points of order against the
conference report and against its consideration. In addition, the rule
provides for 1 hour of debate equally divided and controlled between
the chairman and ranking minority member of the Committee on Armed
Services.
Mr. Speaker, this should not be a controversial rule. It is the type
of rule that we grant for every conference report we consider in the
House. The conference report itself is a strong step forward as we work
to take care of our military personnel and provide for our national
defense.
I have always admired the patriotism and dedication of the young men
and women in the armed forces, especially given the poor quality of
life that our enlisted men and women face. But today, we are doing
something to improve military pay, housing, and benefits.
It has always been kind of sad, we ask these young people to
technically give up their life for their country, but yet we really
have not treated them in the way that most of us would like to be
treated. Their pay has not been good. They live in housing that has
been virtually World War II almost, substandard housing in some cases.
A lot of them have had to take second jobs just to exist because they
are married and they cannot make it on their pay.
So we are helping to take some of this load off of them, and we are
helping to take some of them off of food stamps with this bill by
giving them a
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4.8 percent pay raise. We have added $258 million for a variety of
health care efforts.
We are boosting the basic allowance for housing, as I said,
increasing retention pay for pilots, which is another big problem we
have had. We are having a very difficult time retaining good pilots in
the military. We are prompting the GAO to study how we can do better.
But along with personnel, we have taken care of our military
readiness. We live in a dangerous world today, and Congress is working
to protect our friends and family back home from our enemies abroad.
We are providing for a national missile defense system, something
that we have never had and that a lot of people think we have. A lot of
people think we are protected if a warhead comes in from China or North
Korea or Iraq or Iran, but, no, we are not. So with this bill, we are
going to provide the beginnings of that protection for this country if
that day ever comes.
In light of the recent news about security breaches at our weapons
laboratories, we are creating a National Nuclear Security
Administration to prevent enemy nations from stealing our nuclear
secrets. We are boosting the military's budget for weapons and
ammunition. We are providing $37 billion for research and development
so our forces will have top-of-the-line equipment for their job.
I urge my colleagues to support this rule and to support the
underlying conference report because now more than ever we must improve
our national security.
Mr. Speaker, I graciously yield such time as he may consume to the
gentleman from Missouri (Mr. Skelton).
Mr. SKELTON. Mr. Speaker, I thank the gentlewoman from North Carolina
for allowing me to speak at this point.
As my colleagues know, I am the ranking member of the Committee on
Armed Services. From the beginning of this year, the very first
hearing, I said that this should be the year of the troops. To the
credit of the Committee on Armed Services, on a very bipartisan effort,
it is the year of the troops.
We have had, as my colleagues know, serious recruiting problems and
even more serious retention problems. I am not just talking about
pilots; I am talking about young men and young women who have put
several years into the military and decide to get out.
The old saying is, and it is so true, ``you recruit soldiers'' or in
the case maybe Marines, sailors, airmen, ``but you retain families.''
For instance, the Army has been cut some 36 percent, but the
operational tempo has increased 300 percent. We are wearing the troops
out.
I had breakfast about a year and a half ago with some noncommissioned
officers of the United States Navy, and they told me about the
dispirited attitude of the young men and women who work with them, the
feeling that they were not remembered. This bill is a tribute to them.
This bill is one where truly we do remember them.
It is our job under the Constitution to raise and maintain the
military and to write the rules and regulations therefor, and we have
done a magnificent job. I am very proud of it. I am very proud of the
bipartisanship. I am very proud of the effort made. I especially
compliment the gentleman from South Carolina (Mr. Spence), our
chairman, for his outstanding efforts.
This is a good bill. The Department of Energy portion that deals with
nuclear weapons is under our jurisdiction. That has been a very
important part of our effort.
To some, it will not meet with their full approval. But I think we
took a giant step forward. I am for this bill, for the troops, for the
families.
I might say, in addition to the pay raises, the pay raise, the pay
tables, pension reform, we have done superb work for the barracks,
family housing. I think it deserves great, great support.
Regarding the Department of Energy effort, I think it is good. Could
it be better? Sure. But legislation is a matter of compromise. So I
support the bill and all of its portions. I hope this rule will be
adopted overwhelmingly because this is a major step in the national
security of our country.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, let me state at the outset that it is my intention to
support this conference report. The National Defense Authorization Act
for Fiscal Year 2000 contains a number of provisions that are critical
to the maintenance of our national defense forces. Most important among
them is a 4.8 percent basic military pay raise and additional pay
raises targeted to mid-grade officers and NCOs to improve retention and
hopefully stem the loss of some of the best and brightest and most
valuable members of our armed services.
The quality-of-life issues addressed in this package are, in a word,
essential to the men and women who serve in uniform and to their
families. As Members of this body point out repeatedly, it is
unconscionable that service men and women should be paid at rates so
low that they depend upon food stamps to feed their families, or the
military housing is oft times decrepit or substandard.
This bill may not resolve all of those issues, but at least it puts
us on the road to fixing a problem that cannot and should not be
tolerated.
This conference report is not without controversy, however. The
ranking member of the Committee on Commerce has raised some serious
concerns about the provisions in the conference report, which establish
a new National Nuclear Security Administration to manage DOE's weapons
programs.
The gentleman from Michigan (Mr. Dingell) is especially concerned
that this provision was added in conference over the objections of the
Committee on Commerce and Committee on Science who have jurisdiction
over this matter; and he has indicated that it is his intention to
offer a motion to recommit to strike language from the conference
report.
{time} 1030
Members should listen very carefully to his arguments against these
provisions which are opposed by the Secretary of Energy, the National
Governors Association, and the National Association of Attorneys
General. The gentleman from Michigan (Mr. Dingell) will also voice
strong objections to the process by which these provisions were
included in this conference report. His views deserve the attention of
the House, and I urge Members to pay close attention. There will, of
course, be Members who will oppose his motion to recommit because they
do not want to put any barriers in the path of the passage of this very
good bill. His objections do not, however, lie against the remainder of
the bill, and those provisions deserve the strong support of the House.
This conference report authorizes $8.5 billion for military
construction and military family housing programs. It authorizes full
funding for a proposed program to construct or renovate over 6,200
units of military family housing, and the construction or renovation of
43 barracks, dormitories and BEQs for the single enlisted. The
conference report also increases authorization amounts for procurement
accounts to provide for a total of $55.7 billion as well as for
research and development to provide for a total of $36.3 billion.
This increased funding will provide $171.7 million for further
development of the B-2 fleet, $252.6 million to procure F-16C aircraft
and $319.9 million for F-16 modifications. In addition, the conference
report commits to funding an acquisition of the critical next-
generation air dominance fighter. It authorizes $1.2 billion for
research and development on the F-22 Raptor, $1.6 billion for six low-
rate initial production aircraft, and $277.1 million for advanced
procurement for 10 LRIP aircraft in fiscal year 2001. The conferees are
to be congratulated for their support for this critical program.
I am also pleased that the conferees have included $990.4 million for
procurement of 12 V-22s and $182.9 million for V-22 research and
development and $25 million to accelerate development of the CV-22
special operations variant. Mr. Speaker, this is a very good conference
report. The conferees have brought us a bill which enhances quality of
life for our men and women in uniform, a bill which protects core
readiness and a bill which wisely and aggressively addresses the need
to replace aging equipment and to find ways to keep our weapons systems
second to none in the world. I commend this conference report to my
colleagues.
Mr. Speaker, I reserve the balance of my time.
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Mrs. MYRICK. Mr. Speaker, I yield such time as he may consume to the
gentleman from Florida (Mr. Goss).
(Mr. GOSS asked and was given permission to revise and extend his
remarks.)
Mr. GOSS. Mr. Speaker, I thank the distinguished gentlewoman from
North Carolina for her leadership on this and my gratitude for yielding
me the time. I am pleased to support this very appropriate rule for
consideration of
S. 1059, the fiscal year 2000 DOD authorization
conference report, a major piece of legislation for this Congress. I
particularly want to commend the gentleman from South Carolina (Mr.
Spence) and the gentleman from Missouri (Mr. Skelton) for their
diligent, bipartisan, very thorough work to make sure that we
significantly improve the support given to our men and women in
uniform.
They are the ones doing the hard work. They are the ones in harm's
way. They are the ones taking the risk. That deserves to be supported
to the fullest extent possible. I am grateful for the continued close
working relationship that these gentlemen have had with the Permanent
Select Committee on Intelligence in ensuring that our fighting forces
have access to the best, the most timely, and the most accurate
intelligence that we can get. Eyes, ears, brains are actually very
crucial to our national security.
This legislation reflects our commitment to those capabilities. Force
protection, force enhancement, force projection: these are the results,
these are the needs, and these are what we are getting. Americans most
recently have watched our troops in action in Kosovo. You might have
the impression from what I would call photo-op TV that Kosovo is some
kind of a big win. Unfortunately, the view emerging from the ground in
Kosovo is not quite so rosy.
Further, the administration is pursuing policies that could
ultimately endanger the chances for a long-term peace and stability in
that region in my view and the view of others. Official U.S. policy
toward Kosovo is in fact built upon three very uncertain principles:
one, Kosovo should remain an ethnically diverse province; two, Kosovo
should not become independent; and, three, the Kosovo Liberation Army,
the KLA, should give up its arms and disband. These principles face
serious challenges in the field, on the ground.
U.S. policy refuses to recognize even the possibility that the
Kosovars will eventually vote to declare independence from Yugoslavia.
That is a possibility that should not be discounted. Similarly, the
administration is naively assuming that the KLA will simply roll over
and disband. In my view, the U.S. has no end game strategy. For the
sake of the Americans and our allies on the ground in Kosovo, I urge
the administration to rethink our situation there and base decisions on
fact, not on wishful thinking.
Mr. Speaker, as a member of the Cox Committee, I am satisfied with
the provision in this legislation establishing a semiautonomous agency
to run the weapons program at the Department of Energy under the
Secretary's leadership. Critics have suggested that this change could
cause the sky to fall with respect to public health, safety, and
environmental matters. To the contrary, I say.
The Cox Report demonstrates that the sky has already fallen and our
national security has been placed at great risk as a result. Given the
deeply troubling circumstances surrounding reports of espionage at our
national labs, I believe it is very proper for Congress to move
expeditiously in enacting new safeguards.
Mr. Speaker, I am very pleased that the conference report also
includes a provision based on an amendment I offered with the gentleman
from New York (Mr. Gilman) requiring an end to the permanent presence
of U.S. troops in Haiti. As our defense leaders have made clear, the
Clinton administration's insistence on maintaining a permanent troop
presence in Haiti has strained an already overburdened military, has
unnecessarily put our troops at risk there, and has focused on
humanitarian projects more appropriately undertaken by nongovernmental
organizations who are ready, willing and able to do the job.
In the face of our efforts to force a withdrawal by year's end, the
Clinton administration has finally announced an end to the permanent
presence of U.S. troops in Haiti, to be replaced with periodic
deployments as needed, as is customary everywhere else in the Western
Hemisphere. This action does not, I repeat, does not signal an end to
U.S. military involvement or to U.S. support for the democratic process
in Haiti but, rather, it is a more realistic policy to provide the help
Haiti so desperately needs as our neighbor in the Caribbean.
Lastly, Mr. Speaker, Members should note that this legislation
contains a significant increase in counterdrug funding for DOD. Once
again, Congress has taken the lead to win the war on drugs, filling the
vacuum left by a just-say-maybe message from the Clinton
administration. And we are getting results, if you read the papers.
This is a good bill. I urge its passage. I commend those involved.
Mr. FROST. Mr. Speaker, I yield 5 minutes to the gentleman from
Virginia (Mr. Sisisky).
Mr. SISISKY. I thank the gentleman from Texas for yielding me this
time.
Mr. Speaker, I rise in strong support of
S. 1059, the National
Defense Authorization Act for fiscal year 2000 and, of course, the
rule. I would like to take a few minutes to tell our colleagues why.
First, I am pleased to report that in my opinion members were treated
equitably. Members on our side of the aisle were given the same
consideration as members on the other side. That is not to say
everybody got everything they wanted. They did not. Neither did I.
Second, this conference report builds on the President's proposal to
increase defense spending by $112 billion over the next 6 years. To
redress shortcomings in recruiting and retention, this bill provides a
4.8 percent pay raise, pay table reforms for middle grade personnel and
retirement reform in what may be the best compensation package for our
military since the 1980s. The bill also addresses the budget shortfalls
that have dogged the weapons research and development and procurement
programs of the Department of Defense. In fact, by providing $4.6
billion in increases for weapons, related research and development and
procurement, I believe we may have turned the corner and begun the
long, steady recovery that is both needed and overdue. Particularly
noteworthy is the emphasis on precision stand-off weapons that reduce
risks to our troops and, at the same time, risks to innocent civilian
populations.
Third, I am particularly pleased that we have rejected the status quo
and begun the long and difficult task of management and accountability
reforms for the national security functions of the Department of
Energy. In my opinion, there is no disagreement as to whether such
reforms are needed, and to delay starting the reform process while
waiting on unanimity or drafting perfection would in my opinion be
irresponsible. Admittedly, the provisions proposed in this conference
report are not perfect, nor does everyone agree. But, on balance, they
are a good first start on what will prove to be a long and difficult
process in the years ahead.
More importantly, there is nothing in this bill that would amend
existing environmental, safety and health laws or regulations, nor is
there any intent to limit the States' established regulatory roles
pertaining to the Department of Energy operations and ongoing cleanup
activities. Thus, I do not believe the DOE reform provisions are
antienvironmental nor do I believe they should be used as the basis for
rejecting this conference report.
Finally, our naval forces have shrunk from nearly 600 ships in 1987
to 324 ships today. At the same time, the number of missions for these
ships have increased threefold. Worse, the administration's budget
would lead to a 200 ship Navy, well below the force level of 300 ships
called for by the Nation's military strategy. This bill allows the Navy
to dedicate more of its scarce shipbuilding dollars to the construction
of needed warships by providing significantly more cost-effective
acquisitions through the following measures:
The early construction of an amphibious ship for the Marines at a
great price; procurement for the final large, medium speed roll-on/
roll-off ship,
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LMSR, before the line closes; cost-saving expanded multiyear
procurement authority for the DDG-51 destroyer program; long-term lease
authority for the services of new construction, noncombatant ships for
the Navy; and expanded authority for the National Defense Features
program to allow DOD to pay reduced life-cycle costs of defense
features built into commercial ships up-front.
Mr. Speaker, we all know that bills are compromises, and that good
bills make good promise compromises.
S. 1059 is such a bill. It is a
balanced bill with good compromises. In the strongest terms, I urge the
adoption of the conference report.
Mrs. MYRICK. Mr. Speaker, I yield 3 minutes to the gentleman from
North Carolina (Mr. Hayes).
Mr. HAYES. Mr. Speaker, I thank the gentlewoman from North Carolina
for yielding me the time and I thank the gentleman from Virginia for
pointing out a number of the important issues and details that are what
this bill and conference report are about.
I rise in very, very strong support of our rule, of our military, and
of this bill. The gentleman from Virginia and I just returned from a
trip where we went to, among other places, North Korea. If our citizens
in the Eighth District, home of Fort Bragg, would look at a city whose
tallest buildings have missiles on top of them, where our Air Force
base has patriot missile batteries on the ready 24 hours a day, where
14,000 pieces of artillery are trained on the South, 80 percent of
which are aimed at Seoul only 40 kilometers away from the demilitarized
zone, if they could see in the eyes of the young men and women who are
standing face to face with the North Koreans every day as a deterrent
to terrorism and rogue nations, there would be no question in their
mind as to our continued and increased support for the military.
Kosovo and Bosnia have brought to our attention the need to correct
imbalances and deprivations that the military has suffered because of
budget shortfalls in recent years. This authorization is more than $8
billion over the administration's request, and an additional $18
billion over a greatly reduced budget for defense in 1999. The
gentleman from Missouri (Mr. Skelton) and members of both parties have
worked diligently, courageously and with much forethought to rebuild
our military. That is what this rule is about. We have a volunteer
force. We should maintain a voluntary and not a draft force. In order
to do that, we must do things that are included in this bill,
increasing pay, improving health care benefits, restoring REDUX, doing
things that we owe to our military to correct years of neglect.
{time} 1045
This bill beefs up and strengthens areas that have been eroded over a
number of years. It addresses major issues that the gentleman from
Virginia (Mr. Sisisky) has mentioned, but it also deals with such
basics as ammunition and spare parts. So this is a broad-based, common-
sense, very necessary piece of support for our men and women in
uniform. In order for them to maintain the superiority, the commitment
and to provide the protection for a world that is very, very dangerous,
we should support them by unanimously passing this rule and this bill.
They protect us; we need to support them.
Mr. FROST. Mr. Speaker, I yield 5 minutes to the gentleman from
Michigan (Mr. Dingell).
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Mr. Speaker, this is a rule which sanctifies bad
behavior. There was no real conference held on this legislation.
Members of the conference who were entitled to be present to
participate were not invited and were informed when they showed up that
there was no conference to be held, the matter had been disposed of,
and that we could simply go our way.
Now let us look at what the rule does. The rule waives points of
order on two things: One, germaneness and the other, scope of the
conference. In each instance the conferees, without holding a meeting,
contrived to concede the House rules on both points, so now they need a
waiver. Why do they need a waiver? They need a waiver because they
wrote something which is not germane, which was never considered in
either body and which exceeds the scope of the conference.
Now I want to express respect for my friend, the gentleman from
Missouri (Mr. Skelton) who is a very decent and honorable Member of
this body, but I want to say that what has been done here is, first of
all, an outrage, and it is a gross abuse of the powers of the committee
and a gross disregard to the rights both of other committees and of
this body to know what is going on and to have an input into a matter
of important concern.
Now let us talk about the substance. This proposal in its title 32
recreates essentially the Atomic Energy Commission, one of the most
secretive, one of the most sneaky, and one of the most dishonest
agencies in government. They lied to everybody, including themselves,
and the Congress of the United States, the Executive Branch. They
suppressed tracks, and they have created in every area over which they
had jurisdiction a cesspool, environmentally and otherwise. The areas
which they had jurisdiction over drip hazardous waste and are
contaminated beyond belief. Mixed wastes, high-level and low-level
nuclear wastes contaminate these areas because of the fact that they
diligently suppressed all facts with regard to what they were doing and
how they were doing it, and I will be glad to discuss in greater detail
because I do not have time now the behavior of that agency.
We are now setting up an entity which will be totally exempt from the
supervision of the Secretary and which will be totally exempt from the
supervision of this body. What they are going to do is to create a
situation where now they can lie in the dark, as they did before in the
days of the Atomic Energy Commission, and efforts to control this
agency will be brought to naught by the absolute power that is being
invested in them to suppress the facts to everyone.
Now who is opposed to this? First of all, every environmental agency
and every environmental organization; second of all, the
administration; third of all, the National Governors' Association; and
fourth of all, the Organization of Attorneys General, 46 of whom sent
us a letter denouncing what is being done here with regard to State,
Federal environmental laws and the splendid opportunity for severe and
serious misbehavior by this new entity.
If my colleagues want to vote for the good things in the bill; and
there are many good things, I supported this bill: pay raises and other
things which would benefit us in terms not only of our concern for our
military personnel, but also our concern for seeing to it that our
defense needs are met; vote for the motion to recommit because the only
thing it does is to strike title 32. The rest that it keeps are the
good things that are in this legislation.
So I offer my colleagues a chance to undo what was done in a high-
handed arrogance by the committee and in a rather curious and
remarkable and unjustifiable rule, one which is going to deny everybody
in this country an opportunity to know what is going on inside that
agency.
Now if we are talking about security, let me just tell my colleagues
that the security of the AEC stunk. I was over in a place called
Arzamas-16, the place where the Russians made their nuclear and
thermonuclear weapons. I saw there a bomb that looked exactly like the
bomb the United States dropped on Hiroshima. I told the guy: That looks
familiar. They said it is an exact copy of the bomb that was dropped in
Hiroshima. So when they tell us that the recreation of the secrecy and
the inbrededness of the AEC and the secretiveness that this legislation
will authorize is going to assure the national security, do not believe
them. History is against it, and I would just ask my colleagues to
understand the secrecy that they are talking about is not against the
Russians or against anybody else. It is secrecy which they intend to
use to prevent my colleagues, and I, and the Members of Congress, the
Members of the Senate from knowing what is going on down there. If my
colleagues want to see to it that we continue our efforts to protect
the security of the United States, to see to it that things are done
which need be done in terms of protecting the security interests of the
United States, they can vote for my amendment and
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should, but if they want to protect the environment, then they you must
vote for my amendment.
Mrs. MYRICK. Mr. Speaker, I yield 8 minutes to the gentleman from
Texas (Mr. Thornberry), my colleague.
(Mr. THORNBERRY asked and was given permission to revise and extend
his remarks.)
Mr. THORNBERRY. Mr. Speaker, I share the respect that all Members of
this House have for the dean of the House, and I always appreciate his
willingness to stand up for what he believes in, as we recently saw
when he led efforts to oppose gun control despite the sentiments of
most of his party. As much as anyone in this body, the gentleman from
Michigan is responsible over the years for the management structure of
the Department of Energy, and he does not want to see that changed, and
I think we can all understand someone coming from that position. But
study after study, report after report, have reached a different
conclusion. As a matter of fact, I know of at least 20 studies, reports
and in-house reviews in the Department of Energy that have all found
that the Department of Energy management structure is a mess and hurts
our security, safety, and national security.
I point to the President's own study which came out just this summer
conducted by his foreign intelligence advisory board, and they
concluded, quote, DOE's performance throughout its history should be
regarded as intolerable, and they also found, quote, the Department of
Energy is a dysfunctional bureaucracy that has proven incapable of
reforming itself, end quote. Now what they went on to say is we can do
one of two things. One is that we can take all the nuclear weapons
program completely out of the Department of Energy and set up a whole
new agency, or we can create a semi-autonomous agency inside DOE with a
clear chain of command and hope to solve some of these problems. This
conference report takes the President's own commission's
recommendations and implements them down to the letter.
Now what that does is it gives the nuclear weapons agency two things
that it has never had under DOE. One, it has a clear focus on its
mission so that the same people who worry about refrigerator coolant
standards and solar power and electricity deregulation day to day are
not going to be interfering in the nuclear weapons work.
Secondly, it provides accountability so that we have for the first
time a clear chain of command so that when an order is given it is
followed; and if somebody messes up, they are held responsible and we
can get rid of them. And that is one of the most important safeguards
we can have to protecting the environment, to having a clear line of
accountability and safeguards.
The gentleman from Michigan says, oh, this just goes back to the old
Atomic Energy Commission. I would say that no more will we ever go back
to some of the problems of the past any more than we are going to go
back to pouring motor oil out on the ground or we are going to go back
to allowing cars to create all the smog that they can create. We are
not going to, and I personally, Mr. Speaker, am offended by the
suggestion that the people who work at the Pantex plant in my district,
who live in the area, whose children go to school in that area, are
going to be so careless in disregarding the safety of the drinking
water and the other things in that area that they are just going to
pollute willy nilly.
Now I think there are some important points to be made on the
environment. Number one, this bill says that every single standard,
environmental standard, that applies before the bill applies after the
bill; it does not change.
Secondly, this bill says that the Secretary of Energy can set up
whatever oversight he wants by whoever he wants, and they can look at
every single thing that goes on throughout the weapons complex, and
they can make whatever policy recommendations they want to make, and
the Secretary of Energy can order anything to happen dealing with the
environment or any other subject. The only change is that these
oversight people, unless they are within the new agency, cannot order
things to be changed, they cannot implement the directions. Policy can
be set by anybody that the Secretary wants, but the implementation goes
down the clear chain of command.
Some of the concerns that have been raised to this bill have been by
some attorneys general who are worried about some new court challenge
on matters that have been already established under court rulings. Let
me make it clear, this bill does not change any of the waivers of
sovereign immunity that the attorneys general have been concerned
about; and there is a letter that will be made part of the Record later
in which the chairman of our committee and the chairman of the Senate
committee clearly say we are not changing one single environmental
standard. And I would also put as part of the Record at that time a
letter from the attorney general of Texas who once he had a chance to
look at the actual legislation and what the real intent is says he no
longer has any concerns or objections, and I would suggest that if my
colleagues have a chance to talk to all the attorneys general and tell
them what is really going on, that any of those concerns certainly melt
away.
Mr. Speaker, I just make two final points. Number one is that we have
all been embarrassed and dismayed and shocked at the security headlines
which we have seen across the papers this year. For us to walk away and
say we cannot do anything about it, it is too complicated, we are just
going to let DOE roll along its merry way, is an abdication of our
responsibility to fix one of the greatest national security problems
with which we have been confronted.
The second point I would like to make is this: The gentleman from
Michigan's motion to recommit is not like an ordinary bill. It is a
conference report. The only effect of the motion is to require us to
open the conference back up. That means everything in the conference
from the pay raise to the retirement reform to the V-22 to whatever my
colleagues care about in this bill is jeopardized because we have got
to open everything back up, go back into negotiations with the Senate,
and all of the wonderful strides to improve our national security are
threatened by the motion to recommit.
So I would suggest that it is our responsibility to fix DOE, it is
our responsibility to make sure this bill goes forward unimpeded and to
vote against the motion when it is offered.
Office of the Attorney General,
State of Texas, September 15, 1999.
Hon. Floyd D. Spence, Chairman,
House Armed Services Committee,
Congress of the United States, Washington, DC.
Hon. John Warner, Chairman,
Senate Armed Services Committee,
Congress of the United States, Washington, DC.
Dear Congressman Spence and Senator Warner: I have received
a copy of your September 14, 1999 letter to Michael O.
Leavitt and Christine O. Gregoire addressing concerns
regarding the impact of Title XXXII of
S. 1059, the
conference report for the National Defense Authorization Act
(NDAA) for Fiscal year 2000, on the safe operation and
cleanup of Department of Energy (DOE) nuclear weapons sites.
Your letter addresses my two principal concerns with Title
XXXII of
S. 1059:
That this legislation not supercede, diminish or set aside
existing waivers of federal sovereign immunity; and that it
be clear that under Title XXXII the National Nuclear Security
Administration (NNSA) will comply with the same environmental
laws and regulations to the same extent as before the
reorganization.
After reading your letter, I am satisfied that this
legislation was neither intended to affect existing waivers
of federal sovereign immunity nor to exempt in any way the
NNSA from the same environmental laws and regulations as
applied before reorganization.
I also have been advised that your letter will be made part
of the legislative history of Title XXXII of
S. 1059 by being
submitted during the conference debate on this legislation,
thus being made part of the Congressional Record. As such,
this letter will provide confirmation that this legislation
leaves unaltered existing waivers of federal sovereign
immunity as well as existing environmental laws and
regulations.
Given the explanations made in your September 14, 1999,
letter as well as the submission of your letter as part of
the Congressional Record to be included in the legislative
history of this statute, I have no continuing objection to
this legislation. I appreciate your efforts to make the
intent of Title XXXII of
S. 1059 clear. Please do not
hesitate to contact me if you have any further questions.
Sincerely,
John Cornyn,
Attorney General of Texas.
Mr. FROST. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from California (Ms. Sanchez).
[[Page
H8300]]
Ms. SANCHEZ. Mr. Speaker, as a Member of the House Committee on Armed
Services, I rise in strong support of the national defense
authorization conference report, and I would like to thank the
gentleman from South Carolina (Mr. Spence) and the gentleman from
Missouri (Mr. Skelton) and of course the staff of the committee for all
the hard work that they put into this conference report. The report
addresses the quality of life, the readiness and the modernization
shortfalls that the men and the women in our Armed Forces are currently
facing. The report also addresses the important issue of domestic
violence in the military.
Mr. Speaker, as we all know, one occurrence of domestic violence is
one too many, and unfortunately reports show that in 1994 in every
1,000 marriages 14 spouses were the victims of spouse abuse, and I am
pleased that the conferees from both Chambers worked in a bipartisan
manner to address this important issue. The language in the conference
report gives the services the opportunity to take on the crime of
domestic violence and to protect victims of domestic violence as they
never have before. It gives the Department of Defense and the services
the opportunity to develop relationships with non-military victims'
community and to draw on the expertise of local domestic violence
organizations to aid in designing their own programs.
Mr. Speaker, I encourage my colleagues to vote yes on the conference
report.
{time} 1100
Mrs. MYRICK. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Hunter).
Mr. HUNTER. Mr. Speaker, I thank the gentlewoman from North Carolina
(Mrs. Myrick) for yielding me this time.
Mr. Speaker, I think every Member should be proud to vote for this
conference report. I think this report is a great manifestation of our
ability to work in a bipartisan manner and do something that is
important for the country, and I want to thank the gentleman from
Missouri (Mr. Skelton) and the gentleman from Virginia (Mr. Sisisky),
my counterpart on the Subcommittee on Military Procurement, and all the
Members, Democrat and Republican, who worked on this particular piece
of legislation, because today we live in a very dangerous world. That
is extremely clear now.
China is trying to step into the superpower shoes that have been left
by the Soviet Union. Terrorism is becoming more deadly, more
technologically capable, and we are seeing new challenges around the
world; and against that backdrop we have cut defense dramatically.
The defense force structure that we have today is just about half of
what it was in 1992. We have gone from 18 Army divisions to 10; 24
active fighter air wings to 13; and as the gentleman from Virginia (Mr.
Sisisky) said, almost 600 ships down to 324 and dropping.
Unfortunately, the half that we have left is not as ready as the full
force that we had in 1992. We have a $193 million shortage in basic
ammo for the Marines; a $3.5 billion shortage in ammo for the Army. Our
mission-capable rates have gone down almost 10 percent across the board
in the services; that is the ability of an aircraft to take off from a
carrier or from a runway, run its mission and come back and land
safely. That is now down to an average of about 70 percent. That means
about 30 of every 100 planes in our services cannot take off a runway
and do their mission because of a lack of spare parts, a lack of
maintenance, or just having a real old aircraft that has not been
replaced.
In fact, we did have 55 crashes, peacetime crashes, last year with
the military, resulting in over 50 deaths of our people in uniform. So
we are flying old equipment, and we are having to take very valuable
resources, these spare parts, the few spares and repair parts that we
have, and our trained personnel who can still fix aircraft and other
equipment and move them to the front lines when we run an operation
like Kosovo.
So against that backdrop, we have put an additional $2.7 billion into
the modernization accounts, and we put extra money in the pay raise. We
have a 4.8 percent pay raise. We put money in readiness. Across the
board, we have spent what I consider to be the bare minimum; but in
this case, Mr. Speaker, the bare minimum is absolutely necessary. It
would be a tragedy to defeat this bill for some reason, for some turf
fight or some other reason that has nothing to do with national
security.
Let me just say with respect to the DOE section of this bill and the
reform that we did, let me just remind my colleagues about the tragedy
that occurred a couple of years ago. After we had identified an
individual who was identified as a spy in our nuclear weapons
laboratory, and the head of the FBI, Mr. Freeh, had gone to the
Assistant Secretary of Energy and a couple of weeks later to the
Secretary of Energy and said, get this guy away from classified areas,
take away his access to our nuclear secrets, 14 months later somebody
turned around and said, is that spy still next to the nuclear weapons
vault? And somebody went over and checked and, yes, he was.
We tried to figure out why he hadn't been fired, and there was such a
mess and such a confusion that nobody was sure. Everybody thought the
other guy was going to get the spy away from our nuclear secrets.
Presumably he was upgrading for 14 months, over a year, the nuclear
secrets that he had moved out earlier and nobody was there to stop him.
That was the confusion that we saw. That is the confusion that we
fix. Let us pass this conference report.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I take this opportunity not to comment on this
legislation but to comment on the Republican leadership's unwillingness
to recognize reality in the scheduling of the House of Representatives.
As people may be aware, there is a hurricane headed toward this area,
and yet the Republican leadership refuses to adjourn the House at the
end of proceedings today, thereby forcing Members to attend a hurricane
party here in Washington, D.C. in the capitol tomorrow.
It is very likely that the Washington, D.C. airports will be closed
tomorrow if the hurricane does, in fact, continue on its path, thereby
preventing Members from the southeast who may want to be with their
constituents at the time of this national emergency from doing so, and
preventing Members from other parts of the country who may actually
want to be able to go home this weekend and spend time with their
constituents from doing so.
I find it extraordinarily shortsighted on the part of the Republican
leadership to recognize that there is a hurricane headed straight
toward Washington, D.C. The House should be adjourned at the end of
today so that Members will not be trapped in Washington and be unable
to be with their constituents in the next 5 days.
Mr. Speaker, I reserve the balance of my time.
Mrs. MYRICK. Mr. Speaker, back to the debate, I yield such time as he
may consume to the gentleman from California (Mr. Dreier), my
distinguished chairman of the Committee on Rules.
(Mr. DREIER asked and was given permission to revise and extend his
remarks.)
Mr. DREIER. Mr. Speaker, I thank my friend, the gentlewoman from
North Carolina (Mrs. Myrick) for yielding and congratulate her on her
superb management of this rule.
Mr. Speaker, I have to respond to my friend from Dallas by saying
that we obviously want to do everything that we can to ensure that
people are able to get out of town in time, and I will say that we do
not want to have to have a hurricane party here. I do not know that the
hurricane is headed right towards Washington, D.C. We certainly hope
that we do not see any loss of life and that it is, in fact, lessened.
But I am struck with the fact that my colleagues really go for
everything they possibly can to attack the Republican leadership. We
enjoy the fact that they are scraping for something more to criticize
us on.
Let me say that I believe that this is a very important conference
report. We are trying to get the people's work done here, and I am
hoping very much that we will be able to have strong bipartisan support
of not only the rule but the conference report itself.
[[Page
H8301]]
It was 10 years ago this coming November 13 that the world celebrated
the crumbling of the Berlin Wall, and many people argued at that point
that we would be witnessing the end of history; that the demise of the
Soviet Union and Communism, which took place in the following 3 years,
was something that was going to change the world, and clearly it has.
I think that the leadership that Ronald Reagan and President George
Bush have shown and, frankly, in a bipartisan way that we have provided
for our Nation's defense capability, brought about that change; but as
we mark, in the coming weeks, the 10th anniversary of the crumbling of
the Berlin Wall, it is very important for us to note that there has
been a dramatic change in the national security threat that exists in
this country and for the free world.
It seems to me that we need to realize that over that period of time
we have dealt with a wide range of challenges that exist throughout the
world, and I am struck with a figure that I mentioned here several
times before, the fact that during this administration we have deployed
265,000 troops to 139 countries around the world and that has taken
place at a time when we have actually diminished our level of
expenditures.
Since 1987, we have seen a reduction of 800,000 of our military
personnel. We have consistently pursued this goal of trying to do more
with less, and that is wrong. That is why when we, as Republicans at
the beginning of the 106th Congress, set forth our four top priorities
of making sure that we improve public education, which I am proud to
say that we have done; provide tax relief for working families, which
in just a couple of hours we are going to be enrolling the bill and
sending it to the President, and I hope very much he does not veto that
bill as he said he would on Friday; and saving Social Security and
Medicare. Those are other priorities.
We also included, as a top priority, because of this changing threat,
rebuilding our Nation's defense capability. I am happy that we have
passed and that the President, reluctantly, but the President finally
did sign the national ballistic missile defense bill. I am very happy
that we were able to see the President come on board in some of our
attempts to deal with these national security issues, and I hope that
he will be able to sign this conference report when it gets to him.
It is clearly the right thing to do. We are going to be facing more
challenges, but we have to make sure that the one issue which only the
Federal Government can deal with, virtually every one of the other
issues that we deal with can be handled by State and local governments,
but our national security is the one issue that we are charged to
dealing with. It is in the preamble of the U.S. Constitution, and it
seems to me that we need to step up to the plate. That is why support
of this conference report is very important.
I urge my colleagues to do it in a bipartisan way.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would only point out to my friend, the gentleman from
California (Mr. Dreier), that I am not trying to be overly critical of
the Republican leadership.
Mr. DREIER. That would be a first, I have to say.
Mr. FROST. I am just appalled by the fact that they seem to have
taken the position of, what hurricane? I mean, everybody in the country
knows that the hurricane is heading up the East Coast, and by refusing
to adjourn the House at the end of business today they are forcing the
staff to try and get into work tomorrow. They are trapping Members in
the Nation's capital who want to be home with their constituents. This
is an extraordinary development.
Mr. DREIER. Mr. Speaker, if the gentleman will yield just for a
moment, I would just like to thank him for his input and tell him that
the recommendation that he has made will certainly be taken into
consideration.
Mr. FROST. I have not yielded. I am sorry. I have not yielded.
The Republican leadership seems to be the only ones in the country
that do not recognize the fact that a hurricane is moving up the East
Coast, and that it is projected that it is going to come very close to
Washington, D.C. tomorrow, and that we may have 5 inches of rain here
tomorrow. I do not understand.
All I want them to do is to turn on their television sets and to
listen to the news and to deal with reality so that Members can be
treated in a fair way and so that the staff can be treated in a fair
way. It is unrealistic and unfair to say we are going to be here
tomorrow and everybody come on in, no matter what is happening.
They ought to face reality. They ought to adjourn the House at the
end of today so that Members and staff will not be forced through the
hardship of dealing with the hurricane in Washington, D.C. tomorrow.
Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore (Mr. Ewing). The gentleman from Texas (Mr.
Frost) has 11 minutes remaining. The gentlewoman from North Carolina
(Mrs. Myrick) has 1 minute remaining.
Mrs. MYRICK. Mr. Speaker, I would like to inquire of the gentleman
from Texas (Mr. Frost) if he has any further speakers?
Mr. FROST. Mr. Speaker, I reserve the right to close for our side. We
do not have any other speakers at this point.
Mrs. MYRICK. Mr. Speaker, if it is all right, the gentleman should go
ahead and close because I have no more speakers either.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is a very good piece of legislation. This is
legislation supported by a Democratic President, a Democratic
administration, supported by the vast majority of Democrats in the
House of Representatives. We all are pleased to stand for a strong
national defense, to stand for efforts to help our troops, to increase
morale, to make sure that we retain soldiers that we need and that we
are able to recruit soldiers that our forces need for the future.
This is a good conference report. As a Democrat, I am pleased to
support it, and I urge all of my colleagues to vote yes on final
passage on this very important piece of legislation.
Mr. Speaker, I yield back the balance of my time.
Mrs. MYRICK. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Mr. SPENCE. Mr. Speaker, pursuant to House Resolution 288, I call up
the conference report on the Senate bill (
S. 1059) to authorize
appropriations for fiscal year 2000 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes.
{time} 1115
The SPEAKER pro tempore (Mr. Ewing). Pursuant to the rule, the
conference report is considered as having been read.
(For conference report and statement, see proceedings of the House of
August 5, 1999, at page
H7469.)
The SPEAKER pro tempore. The gentleman from South Carolina (Mr.
Spence) and the gentleman from Missouri (Mr. Skelton) each will control
30 minutes.
Parliamentary Inquiry
Mr. DINGELL. Mr. Speaker, with all respect for the chairman of the
committee and all respect for my good friend, the gentleman from
Missouri (Mr. Skelton), I have been advised that the gentleman from
Missouri supports the bill. I therefore ask, Mr. Speaker, is the
gentleman from Missouri opposed to the bill, and therefore, is he
entitled to time in opposition to the legislation?
The SPEAKER pro tempore. Is the gentleman from Missouri (Mr. Skelton)
in favor of the conference report?
Mr. SKELTON. Mr. Speaker, I absolutely support the bill.
The SPEAKER pro tempore. The gentleman from Missouri supports the
conference report.
Pursuant to clause 8(d)(2) of rule XXII, time will be controlled
three ways. The gentleman from South Carolina (Mr. Spence) will control
20 minutes; the gentleman from Missouri (Mr.
[[Page
H8302]]
Skelton) will control 20 minutes; and the gentleman from Michigan (Mr.
Dingell) will control 20 minutes.
(Mr. SPENCE asked and was given permission to revise and extend his
remarks.)
Mr. SPENCE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the fiscal year 2000 defense authorization bill was
reported out of the Committee on Armed Services back in May on a vote
of 55-to-1, and it passed the House in June on a vote of 365-to-58. The
conference report before us today enjoys equally strong bipartisan
support, as all 36 Republican and Democrat committee conferees have
signed the conference report. This is only the second time this has
happened since 1981. It is truly a bipartisan report.
Mr. Speaker, the funding authorized in this bill is consistent with
the increased spending levels set by the Congress in the budget
resolution. As a result of this increased spending and a careful
reprioritization of the President's budget request, we have provided
the military services some of the tools necessary to better recruit and
retain qualified personnel and to better train and equip them.
It is in this context that the conferees went to work, targeting
additional funding for a variety of sorely needed quality of life,
readiness, and equipment initiatives. However, despite the conferees'
best efforts, we are not eliminating shortfalls, we are simply
struggling to manage them. Absent a long-term, sustained commitment to
revitalizing America's armed forces, we will continue to run the
inevitable risks that come from asking our troops to do more with less.
This conference report also contains the most important and
significant Department of Energy reorganization proposal since the
agency's creation more than two decades ago.
Earlier this year, the bipartisan Cox-Dicks Committee released its
report on the national security implications of our United States
technology transfers to the People's Republic of China. The Cox
Committee identified lax security at DOE nuclear laboratories as a
critical national security problem, and unanimously concluded that
China had obtained classified information on ``every currently deployed
thermonuclear warhead in the United States ballistic missile arsenal.''
Following the Cox Committee report, President Clinton's own Foreign
Intelligence Advisory Board chaired by former Senator Rudman, issued
its report highly critical of DOE's failure to protect the Nation's
nuclear secrets. The report of the President's Advisory Board concluded
that DOD is, ``a dysfunctional bureaucracy that has proven it is
incapable of reforming itself.''
The conference report would implement the recommendation of the
President's Foreign Intelligence Advisory Board to create a semi-
autonomous agency within DOE and vest it with responsibility for
nuclear weapons research and protection. The reorganization will go a
long way towards streamlining DOE's excessive bureaucracy and improving
accountability, all in an effort to ensure that our Nation's most vital
nuclear secrets are better managed and secured.
Mr. Speaker, some question has been raised in some quarters on the
possible impact that the reorganization provisions could have on DOE's
environmental programs and in particular, on the status of existing
waivers of solving immunity agreements between the Federal Government
and individual States. In a few minutes I plan to engage in a colloquy
with the gentleman from Missouri (Mr. Skelton) to clarify this point
for the legislative record.
Mr. Speaker, I would like to insert into the Record following my
statement a letter that Senator Warner and I have jointly written to
the National Governors Association and the National Association of
Attorneys General that address these questions in more detail.
The bottom line is that this conference report does not impact or
change current environmental law or regulation, and it does not impact
or change existing waivers of sovereign immunity agreements. For the
sake of time I will not repeat that statement, but it is true to the
letter.
Mr. Speaker, this conference report is before the House today only as
a result of the efforts of all conferees. In particular, I want to
recognize the critical roles played by the Committee on Armed Services
subcommittee and panel chairmen and ranking members. Their efforts,
along with those of the gentleman from Missouri (Mr. Skelton) made my
job easier, and their dedication to getting the job done is clearly
evident in this conference report.
Mr. Speaker, this is an important piece of legislation, and I urge
all of my colleagues to support the conference report.
Washington, DC,
September 14, 1999.
Hon. Michael O. Leavitt,
Chairman, National Governors' Association, Hall of States,
Washington, DC.
Hon. Christine O. Gregoire,
President, National Association of Attorneys General,
Washington, DC.
Dear Governor and Madam Attorney General: We are aware that
concerns have been raised regarding the impact of Title XXXII
of
S. 1059, the conference report for the National Defense
Authorization Act (NDAA) for Fiscal Year 2000, on the safe
operation and cleanup of Department of Energy (DOE) nuclear
weapons sites. Title XXXII provides for the reorganization of
the DOE to strengthen its national security function, as
recommended by the House of Representatives, the Senate, and
the President's Foreign Intelligence Advisory Board (PFIAB).
In so doing, the NDAA would establish the National Nuclear
Security Administration (NNSA), a semi-autonomous agency
within the Department.
However, as the purpose of this effort was focused on
enhancing national security and strengthening operational
management of the Department's nuclear weapons production
function, the conferees recognized the need to carefully
avoid statutory modifications that could inadvertently result
in changes or challenges to the existing environmental
cleanup efforts. As such, Title XXXII does not amend existing
environmental, safety and health laws or regulations and is
in no way intended to limit the states' established
regulatory roles pertaining to DOE operations and ongoing
cleanup activities. In fact, Title XXXII contains a number of
provisions specifically crafted to clearly establish this
principle in statue.
NNSA compliance with existing environmental regulations,
orders, agreements, permits, court orders, or non-
substantive requirements.
Concern has been expressed that Title XXXII could result in
the exemption of the NNSA from compliance with existing
environmental regulations, orders, agreements, permits, court
orders, or non-substantive requirements. We believe these
concerns to be unfounded. First, Section 3261 expressly
requires that the newly created NNSA comply with all
applicable environmental, safety and health laws and
substantive requirements. The NNSA Administrator must develop
procedures for meeting these requirements at sites covered by
the NNSA, and the Secretary of Energy must ensure that
compliance with these important requirements is accomplished.
As such, the provision would not supersede, diminish or
otherwise impact existing authorities granted to the states
or the Environmental Protection Agency to monitor and enforce
cleanup at DOE sites.
The clear intent of Title XXXII is to require that the NNSA
comply with the same environmental laws and regulations to
the same extent as before the reorganization. This intent is
evidenced by Section 3296, which provides that all applicable
provisions of law and regulations (including tho
Major Actions:
All articles in House section
CONFERENCE REPORT ON S. 1059, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
(House of Representatives - September 15, 1999)
Text of this article available as:
TXT
PDF
[Pages
H8295-H8318]
CONFERENCE REPORT ON
S. 1059, NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 2000
Mrs. MYRICK. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 288 and ask for its immediate consideration.
The Clerk read the resolution, as follow:
H. Res. 288
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (
S. 1059) to authorize appropriations for fiscal year
2000 for military activities of the Department of Defense,
for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, and for other
purposes. All points of order against the conference report
and against its consideration are waived.
The SPEAKER pro tempore (Mr. Ewing). The gentlewoman from North
Carolina (Mrs. Myrick) is recognized for 1 hour.
Mrs. MYRICK. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the gentleman from Texas (Mr. Frost), pending
which I yield myself such time as I may consume. During consideration
of this resolution, all time yielded is for the purpose of debate only.
Yesterday the Committee on Rules met and granted a normal conference
report rule for
S. 1059, the Fiscal Year 2000 Department of Defense
Appropriations Act. The rule waives all points of order against the
conference report and against its consideration. In addition, the rule
provides for 1 hour of debate equally divided and controlled between
the chairman and ranking minority member of the Committee on Armed
Services.
Mr. Speaker, this should not be a controversial rule. It is the type
of rule that we grant for every conference report we consider in the
House. The conference report itself is a strong step forward as we work
to take care of our military personnel and provide for our national
defense.
I have always admired the patriotism and dedication of the young men
and women in the armed forces, especially given the poor quality of
life that our enlisted men and women face. But today, we are doing
something to improve military pay, housing, and benefits.
It has always been kind of sad, we ask these young people to
technically give up their life for their country, but yet we really
have not treated them in the way that most of us would like to be
treated. Their pay has not been good. They live in housing that has
been virtually World War II almost, substandard housing in some cases.
A lot of them have had to take second jobs just to exist because they
are married and they cannot make it on their pay.
So we are helping to take some of this load off of them, and we are
helping to take some of them off of food stamps with this bill by
giving them a
[[Page
H8296]]
4.8 percent pay raise. We have added $258 million for a variety of
health care efforts.
We are boosting the basic allowance for housing, as I said,
increasing retention pay for pilots, which is another big problem we
have had. We are having a very difficult time retaining good pilots in
the military. We are prompting the GAO to study how we can do better.
But along with personnel, we have taken care of our military
readiness. We live in a dangerous world today, and Congress is working
to protect our friends and family back home from our enemies abroad.
We are providing for a national missile defense system, something
that we have never had and that a lot of people think we have. A lot of
people think we are protected if a warhead comes in from China or North
Korea or Iraq or Iran, but, no, we are not. So with this bill, we are
going to provide the beginnings of that protection for this country if
that day ever comes.
In light of the recent news about security breaches at our weapons
laboratories, we are creating a National Nuclear Security
Administration to prevent enemy nations from stealing our nuclear
secrets. We are boosting the military's budget for weapons and
ammunition. We are providing $37 billion for research and development
so our forces will have top-of-the-line equipment for their job.
I urge my colleagues to support this rule and to support the
underlying conference report because now more than ever we must improve
our national security.
Mr. Speaker, I graciously yield such time as he may consume to the
gentleman from Missouri (Mr. Skelton).
Mr. SKELTON. Mr. Speaker, I thank the gentlewoman from North Carolina
for allowing me to speak at this point.
As my colleagues know, I am the ranking member of the Committee on
Armed Services. From the beginning of this year, the very first
hearing, I said that this should be the year of the troops. To the
credit of the Committee on Armed Services, on a very bipartisan effort,
it is the year of the troops.
We have had, as my colleagues know, serious recruiting problems and
even more serious retention problems. I am not just talking about
pilots; I am talking about young men and young women who have put
several years into the military and decide to get out.
The old saying is, and it is so true, ``you recruit soldiers'' or in
the case maybe Marines, sailors, airmen, ``but you retain families.''
For instance, the Army has been cut some 36 percent, but the
operational tempo has increased 300 percent. We are wearing the troops
out.
I had breakfast about a year and a half ago with some noncommissioned
officers of the United States Navy, and they told me about the
dispirited attitude of the young men and women who work with them, the
feeling that they were not remembered. This bill is a tribute to them.
This bill is one where truly we do remember them.
It is our job under the Constitution to raise and maintain the
military and to write the rules and regulations therefor, and we have
done a magnificent job. I am very proud of it. I am very proud of the
bipartisanship. I am very proud of the effort made. I especially
compliment the gentleman from South Carolina (Mr. Spence), our
chairman, for his outstanding efforts.
This is a good bill. The Department of Energy portion that deals with
nuclear weapons is under our jurisdiction. That has been a very
important part of our effort.
To some, it will not meet with their full approval. But I think we
took a giant step forward. I am for this bill, for the troops, for the
families.
I might say, in addition to the pay raises, the pay raise, the pay
tables, pension reform, we have done superb work for the barracks,
family housing. I think it deserves great, great support.
Regarding the Department of Energy effort, I think it is good. Could
it be better? Sure. But legislation is a matter of compromise. So I
support the bill and all of its portions. I hope this rule will be
adopted overwhelmingly because this is a major step in the national
security of our country.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, let me state at the outset that it is my intention to
support this conference report. The National Defense Authorization Act
for Fiscal Year 2000 contains a number of provisions that are critical
to the maintenance of our national defense forces. Most important among
them is a 4.8 percent basic military pay raise and additional pay
raises targeted to mid-grade officers and NCOs to improve retention and
hopefully stem the loss of some of the best and brightest and most
valuable members of our armed services.
The quality-of-life issues addressed in this package are, in a word,
essential to the men and women who serve in uniform and to their
families. As Members of this body point out repeatedly, it is
unconscionable that service men and women should be paid at rates so
low that they depend upon food stamps to feed their families, or the
military housing is oft times decrepit or substandard.
This bill may not resolve all of those issues, but at least it puts
us on the road to fixing a problem that cannot and should not be
tolerated.
This conference report is not without controversy, however. The
ranking member of the Committee on Commerce has raised some serious
concerns about the provisions in the conference report, which establish
a new National Nuclear Security Administration to manage DOE's weapons
programs.
The gentleman from Michigan (Mr. Dingell) is especially concerned
that this provision was added in conference over the objections of the
Committee on Commerce and Committee on Science who have jurisdiction
over this matter; and he has indicated that it is his intention to
offer a motion to recommit to strike language from the conference
report.
{time} 1030
Members should listen very carefully to his arguments against these
provisions which are opposed by the Secretary of Energy, the National
Governors Association, and the National Association of Attorneys
General. The gentleman from Michigan (Mr. Dingell) will also voice
strong objections to the process by which these provisions were
included in this conference report. His views deserve the attention of
the House, and I urge Members to pay close attention. There will, of
course, be Members who will oppose his motion to recommit because they
do not want to put any barriers in the path of the passage of this very
good bill. His objections do not, however, lie against the remainder of
the bill, and those provisions deserve the strong support of the House.
This conference report authorizes $8.5 billion for military
construction and military family housing programs. It authorizes full
funding for a proposed program to construct or renovate over 6,200
units of military family housing, and the construction or renovation of
43 barracks, dormitories and BEQs for the single enlisted. The
conference report also increases authorization amounts for procurement
accounts to provide for a total of $55.7 billion as well as for
research and development to provide for a total of $36.3 billion.
This increased funding will provide $171.7 million for further
development of the B-2 fleet, $252.6 million to procure F-16C aircraft
and $319.9 million for F-16 modifications. In addition, the conference
report commits to funding an acquisition of the critical next-
generation air dominance fighter. It authorizes $1.2 billion for
research and development on the F-22 Raptor, $1.6 billion for six low-
rate initial production aircraft, and $277.1 million for advanced
procurement for 10 LRIP aircraft in fiscal year 2001. The conferees are
to be congratulated for their support for this critical program.
I am also pleased that the conferees have included $990.4 million for
procurement of 12 V-22s and $182.9 million for V-22 research and
development and $25 million to accelerate development of the CV-22
special operations variant. Mr. Speaker, this is a very good conference
report. The conferees have brought us a bill which enhances quality of
life for our men and women in uniform, a bill which protects core
readiness and a bill which wisely and aggressively addresses the need
to replace aging equipment and to find ways to keep our weapons systems
second to none in the world. I commend this conference report to my
colleagues.
Mr. Speaker, I reserve the balance of my time.
[[Page
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Mrs. MYRICK. Mr. Speaker, I yield such time as he may consume to the
gentleman from Florida (Mr. Goss).
(Mr. GOSS asked and was given permission to revise and extend his
remarks.)
Mr. GOSS. Mr. Speaker, I thank the distinguished gentlewoman from
North Carolina for her leadership on this and my gratitude for yielding
me the time. I am pleased to support this very appropriate rule for
consideration of
S. 1059, the fiscal year 2000 DOD authorization
conference report, a major piece of legislation for this Congress. I
particularly want to commend the gentleman from South Carolina (Mr.
Spence) and the gentleman from Missouri (Mr. Skelton) for their
diligent, bipartisan, very thorough work to make sure that we
significantly improve the support given to our men and women in
uniform.
They are the ones doing the hard work. They are the ones in harm's
way. They are the ones taking the risk. That deserves to be supported
to the fullest extent possible. I am grateful for the continued close
working relationship that these gentlemen have had with the Permanent
Select Committee on Intelligence in ensuring that our fighting forces
have access to the best, the most timely, and the most accurate
intelligence that we can get. Eyes, ears, brains are actually very
crucial to our national security.
This legislation reflects our commitment to those capabilities. Force
protection, force enhancement, force projection: these are the results,
these are the needs, and these are what we are getting. Americans most
recently have watched our troops in action in Kosovo. You might have
the impression from what I would call photo-op TV that Kosovo is some
kind of a big win. Unfortunately, the view emerging from the ground in
Kosovo is not quite so rosy.
Further, the administration is pursuing policies that could
ultimately endanger the chances for a long-term peace and stability in
that region in my view and the view of others. Official U.S. policy
toward Kosovo is in fact built upon three very uncertain principles:
one, Kosovo should remain an ethnically diverse province; two, Kosovo
should not become independent; and, three, the Kosovo Liberation Army,
the KLA, should give up its arms and disband. These principles face
serious challenges in the field, on the ground.
U.S. policy refuses to recognize even the possibility that the
Kosovars will eventually vote to declare independence from Yugoslavia.
That is a possibility that should not be discounted. Similarly, the
administration is naively assuming that the KLA will simply roll over
and disband. In my view, the U.S. has no end game strategy. For the
sake of the Americans and our allies on the ground in Kosovo, I urge
the administration to rethink our situation there and base decisions on
fact, not on wishful thinking.
Mr. Speaker, as a member of the Cox Committee, I am satisfied with
the provision in this legislation establishing a semiautonomous agency
to run the weapons program at the Department of Energy under the
Secretary's leadership. Critics have suggested that this change could
cause the sky to fall with respect to public health, safety, and
environmental matters. To the contrary, I say.
The Cox Report demonstrates that the sky has already fallen and our
national security has been placed at great risk as a result. Given the
deeply troubling circumstances surrounding reports of espionage at our
national labs, I believe it is very proper for Congress to move
expeditiously in enacting new safeguards.
Mr. Speaker, I am very pleased that the conference report also
includes a provision based on an amendment I offered with the gentleman
from New York (Mr. Gilman) requiring an end to the permanent presence
of U.S. troops in Haiti. As our defense leaders have made clear, the
Clinton administration's insistence on maintaining a permanent troop
presence in Haiti has strained an already overburdened military, has
unnecessarily put our troops at risk there, and has focused on
humanitarian projects more appropriately undertaken by nongovernmental
organizations who are ready, willing and able to do the job.
In the face of our efforts to force a withdrawal by year's end, the
Clinton administration has finally announced an end to the permanent
presence of U.S. troops in Haiti, to be replaced with periodic
deployments as needed, as is customary everywhere else in the Western
Hemisphere. This action does not, I repeat, does not signal an end to
U.S. military involvement or to U.S. support for the democratic process
in Haiti but, rather, it is a more realistic policy to provide the help
Haiti so desperately needs as our neighbor in the Caribbean.
Lastly, Mr. Speaker, Members should note that this legislation
contains a significant increase in counterdrug funding for DOD. Once
again, Congress has taken the lead to win the war on drugs, filling the
vacuum left by a just-say-maybe message from the Clinton
administration. And we are getting results, if you read the papers.
This is a good bill. I urge its passage. I commend those involved.
Mr. FROST. Mr. Speaker, I yield 5 minutes to the gentleman from
Virginia (Mr. Sisisky).
Mr. SISISKY. I thank the gentleman from Texas for yielding me this
time.
Mr. Speaker, I rise in strong support of
S. 1059, the National
Defense Authorization Act for fiscal year 2000 and, of course, the
rule. I would like to take a few minutes to tell our colleagues why.
First, I am pleased to report that in my opinion members were treated
equitably. Members on our side of the aisle were given the same
consideration as members on the other side. That is not to say
everybody got everything they wanted. They did not. Neither did I.
Second, this conference report builds on the President's proposal to
increase defense spending by $112 billion over the next 6 years. To
redress shortcomings in recruiting and retention, this bill provides a
4.8 percent pay raise, pay table reforms for middle grade personnel and
retirement reform in what may be the best compensation package for our
military since the 1980s. The bill also addresses the budget shortfalls
that have dogged the weapons research and development and procurement
programs of the Department of Defense. In fact, by providing $4.6
billion in increases for weapons, related research and development and
procurement, I believe we may have turned the corner and begun the
long, steady recovery that is both needed and overdue. Particularly
noteworthy is the emphasis on precision stand-off weapons that reduce
risks to our troops and, at the same time, risks to innocent civilian
populations.
Third, I am particularly pleased that we have rejected the status quo
and begun the long and difficult task of management and accountability
reforms for the national security functions of the Department of
Energy. In my opinion, there is no disagreement as to whether such
reforms are needed, and to delay starting the reform process while
waiting on unanimity or drafting perfection would in my opinion be
irresponsible. Admittedly, the provisions proposed in this conference
report are not perfect, nor does everyone agree. But, on balance, they
are a good first start on what will prove to be a long and difficult
process in the years ahead.
More importantly, there is nothing in this bill that would amend
existing environmental, safety and health laws or regulations, nor is
there any intent to limit the States' established regulatory roles
pertaining to the Department of Energy operations and ongoing cleanup
activities. Thus, I do not believe the DOE reform provisions are
antienvironmental nor do I believe they should be used as the basis for
rejecting this conference report.
Finally, our naval forces have shrunk from nearly 600 ships in 1987
to 324 ships today. At the same time, the number of missions for these
ships have increased threefold. Worse, the administration's budget
would lead to a 200 ship Navy, well below the force level of 300 ships
called for by the Nation's military strategy. This bill allows the Navy
to dedicate more of its scarce shipbuilding dollars to the construction
of needed warships by providing significantly more cost-effective
acquisitions through the following measures:
The early construction of an amphibious ship for the Marines at a
great price; procurement for the final large, medium speed roll-on/
roll-off ship,
[[Page
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LMSR, before the line closes; cost-saving expanded multiyear
procurement authority for the DDG-51 destroyer program; long-term lease
authority for the services of new construction, noncombatant ships for
the Navy; and expanded authority for the National Defense Features
program to allow DOD to pay reduced life-cycle costs of defense
features built into commercial ships up-front.
Mr. Speaker, we all know that bills are compromises, and that good
bills make good promise compromises.
S. 1059 is such a bill. It is a
balanced bill with good compromises. In the strongest terms, I urge the
adoption of the conference report.
Mrs. MYRICK. Mr. Speaker, I yield 3 minutes to the gentleman from
North Carolina (Mr. Hayes).
Mr. HAYES. Mr. Speaker, I thank the gentlewoman from North Carolina
for yielding me the time and I thank the gentleman from Virginia for
pointing out a number of the important issues and details that are what
this bill and conference report are about.
I rise in very, very strong support of our rule, of our military, and
of this bill. The gentleman from Virginia and I just returned from a
trip where we went to, among other places, North Korea. If our citizens
in the Eighth District, home of Fort Bragg, would look at a city whose
tallest buildings have missiles on top of them, where our Air Force
base has patriot missile batteries on the ready 24 hours a day, where
14,000 pieces of artillery are trained on the South, 80 percent of
which are aimed at Seoul only 40 kilometers away from the demilitarized
zone, if they could see in the eyes of the young men and women who are
standing face to face with the North Koreans every day as a deterrent
to terrorism and rogue nations, there would be no question in their
mind as to our continued and increased support for the military.
Kosovo and Bosnia have brought to our attention the need to correct
imbalances and deprivations that the military has suffered because of
budget shortfalls in recent years. This authorization is more than $8
billion over the administration's request, and an additional $18
billion over a greatly reduced budget for defense in 1999. The
gentleman from Missouri (Mr. Skelton) and members of both parties have
worked diligently, courageously and with much forethought to rebuild
our military. That is what this rule is about. We have a volunteer
force. We should maintain a voluntary and not a draft force. In order
to do that, we must do things that are included in this bill,
increasing pay, improving health care benefits, restoring REDUX, doing
things that we owe to our military to correct years of neglect.
{time} 1045
This bill beefs up and strengthens areas that have been eroded over a
number of years. It addresses major issues that the gentleman from
Virginia (Mr. Sisisky) has mentioned, but it also deals with such
basics as ammunition and spare parts. So this is a broad-based, common-
sense, very necessary piece of support for our men and women in
uniform. In order for them to maintain the superiority, the commitment
and to provide the protection for a world that is very, very dangerous,
we should support them by unanimously passing this rule and this bill.
They protect us; we need to support them.
Mr. FROST. Mr. Speaker, I yield 5 minutes to the gentleman from
Michigan (Mr. Dingell).
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Mr. Speaker, this is a rule which sanctifies bad
behavior. There was no real conference held on this legislation.
Members of the conference who were entitled to be present to
participate were not invited and were informed when they showed up that
there was no conference to be held, the matter had been disposed of,
and that we could simply go our way.
Now let us look at what the rule does. The rule waives points of
order on two things: One, germaneness and the other, scope of the
conference. In each instance the conferees, without holding a meeting,
contrived to concede the House rules on both points, so now they need a
waiver. Why do they need a waiver? They need a waiver because they
wrote something which is not germane, which was never considered in
either body and which exceeds the scope of the conference.
Now I want to express respect for my friend, the gentleman from
Missouri (Mr. Skelton) who is a very decent and honorable Member of
this body, but I want to say that what has been done here is, first of
all, an outrage, and it is a gross abuse of the powers of the committee
and a gross disregard to the rights both of other committees and of
this body to know what is going on and to have an input into a matter
of important concern.
Now let us talk about the substance. This proposal in its title 32
recreates essentially the Atomic Energy Commission, one of the most
secretive, one of the most sneaky, and one of the most dishonest
agencies in government. They lied to everybody, including themselves,
and the Congress of the United States, the Executive Branch. They
suppressed tracks, and they have created in every area over which they
had jurisdiction a cesspool, environmentally and otherwise. The areas
which they had jurisdiction over drip hazardous waste and are
contaminated beyond belief. Mixed wastes, high-level and low-level
nuclear wastes contaminate these areas because of the fact that they
diligently suppressed all facts with regard to what they were doing and
how they were doing it, and I will be glad to discuss in greater detail
because I do not have time now the behavior of that agency.
We are now setting up an entity which will be totally exempt from the
supervision of the Secretary and which will be totally exempt from the
supervision of this body. What they are going to do is to create a
situation where now they can lie in the dark, as they did before in the
days of the Atomic Energy Commission, and efforts to control this
agency will be brought to naught by the absolute power that is being
invested in them to suppress the facts to everyone.
Now who is opposed to this? First of all, every environmental agency
and every environmental organization; second of all, the
administration; third of all, the National Governors' Association; and
fourth of all, the Organization of Attorneys General, 46 of whom sent
us a letter denouncing what is being done here with regard to State,
Federal environmental laws and the splendid opportunity for severe and
serious misbehavior by this new entity.
If my colleagues want to vote for the good things in the bill; and
there are many good things, I supported this bill: pay raises and other
things which would benefit us in terms not only of our concern for our
military personnel, but also our concern for seeing to it that our
defense needs are met; vote for the motion to recommit because the only
thing it does is to strike title 32. The rest that it keeps are the
good things that are in this legislation.
So I offer my colleagues a chance to undo what was done in a high-
handed arrogance by the committee and in a rather curious and
remarkable and unjustifiable rule, one which is going to deny everybody
in this country an opportunity to know what is going on inside that
agency.
Now if we are talking about security, let me just tell my colleagues
that the security of the AEC stunk. I was over in a place called
Arzamas-16, the place where the Russians made their nuclear and
thermonuclear weapons. I saw there a bomb that looked exactly like the
bomb the United States dropped on Hiroshima. I told the guy: That looks
familiar. They said it is an exact copy of the bomb that was dropped in
Hiroshima. So when they tell us that the recreation of the secrecy and
the inbrededness of the AEC and the secretiveness that this legislation
will authorize is going to assure the national security, do not believe
them. History is against it, and I would just ask my colleagues to
understand the secrecy that they are talking about is not against the
Russians or against anybody else. It is secrecy which they intend to
use to prevent my colleagues, and I, and the Members of Congress, the
Members of the Senate from knowing what is going on down there. If my
colleagues want to see to it that we continue our efforts to protect
the security of the United States, to see to it that things are done
which need be done in terms of protecting the security interests of the
United States, they can vote for my amendment and
[[Page
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should, but if they want to protect the environment, then they you must
vote for my amendment.
Mrs. MYRICK. Mr. Speaker, I yield 8 minutes to the gentleman from
Texas (Mr. Thornberry), my colleague.
(Mr. THORNBERRY asked and was given permission to revise and extend
his remarks.)
Mr. THORNBERRY. Mr. Speaker, I share the respect that all Members of
this House have for the dean of the House, and I always appreciate his
willingness to stand up for what he believes in, as we recently saw
when he led efforts to oppose gun control despite the sentiments of
most of his party. As much as anyone in this body, the gentleman from
Michigan is responsible over the years for the management structure of
the Department of Energy, and he does not want to see that changed, and
I think we can all understand someone coming from that position. But
study after study, report after report, have reached a different
conclusion. As a matter of fact, I know of at least 20 studies, reports
and in-house reviews in the Department of Energy that have all found
that the Department of Energy management structure is a mess and hurts
our security, safety, and national security.
I point to the President's own study which came out just this summer
conducted by his foreign intelligence advisory board, and they
concluded, quote, DOE's performance throughout its history should be
regarded as intolerable, and they also found, quote, the Department of
Energy is a dysfunctional bureaucracy that has proven incapable of
reforming itself, end quote. Now what they went on to say is we can do
one of two things. One is that we can take all the nuclear weapons
program completely out of the Department of Energy and set up a whole
new agency, or we can create a semi-autonomous agency inside DOE with a
clear chain of command and hope to solve some of these problems. This
conference report takes the President's own commission's
recommendations and implements them down to the letter.
Now what that does is it gives the nuclear weapons agency two things
that it has never had under DOE. One, it has a clear focus on its
mission so that the same people who worry about refrigerator coolant
standards and solar power and electricity deregulation day to day are
not going to be interfering in the nuclear weapons work.
Secondly, it provides accountability so that we have for the first
time a clear chain of command so that when an order is given it is
followed; and if somebody messes up, they are held responsible and we
can get rid of them. And that is one of the most important safeguards
we can have to protecting the environment, to having a clear line of
accountability and safeguards.
The gentleman from Michigan says, oh, this just goes back to the old
Atomic Energy Commission. I would say that no more will we ever go back
to some of the problems of the past any more than we are going to go
back to pouring motor oil out on the ground or we are going to go back
to allowing cars to create all the smog that they can create. We are
not going to, and I personally, Mr. Speaker, am offended by the
suggestion that the people who work at the Pantex plant in my district,
who live in the area, whose children go to school in that area, are
going to be so careless in disregarding the safety of the drinking
water and the other things in that area that they are just going to
pollute willy nilly.
Now I think there are some important points to be made on the
environment. Number one, this bill says that every single standard,
environmental standard, that applies before the bill applies after the
bill; it does not change.
Secondly, this bill says that the Secretary of Energy can set up
whatever oversight he wants by whoever he wants, and they can look at
every single thing that goes on throughout the weapons complex, and
they can make whatever policy recommendations they want to make, and
the Secretary of Energy can order anything to happen dealing with the
environment or any other subject. The only change is that these
oversight people, unless they are within the new agency, cannot order
things to be changed, they cannot implement the directions. Policy can
be set by anybody that the Secretary wants, but the implementation goes
down the clear chain of command.
Some of the concerns that have been raised to this bill have been by
some attorneys general who are worried about some new court challenge
on matters that have been already established under court rulings. Let
me make it clear, this bill does not change any of the waivers of
sovereign immunity that the attorneys general have been concerned
about; and there is a letter that will be made part of the Record later
in which the chairman of our committee and the chairman of the Senate
committee clearly say we are not changing one single environmental
standard. And I would also put as part of the Record at that time a
letter from the attorney general of Texas who once he had a chance to
look at the actual legislation and what the real intent is says he no
longer has any concerns or objections, and I would suggest that if my
colleagues have a chance to talk to all the attorneys general and tell
them what is really going on, that any of those concerns certainly melt
away.
Mr. Speaker, I just make two final points. Number one is that we have
all been embarrassed and dismayed and shocked at the security headlines
which we have seen across the papers this year. For us to walk away and
say we cannot do anything about it, it is too complicated, we are just
going to let DOE roll along its merry way, is an abdication of our
responsibility to fix one of the greatest national security problems
with which we have been confronted.
The second point I would like to make is this: The gentleman from
Michigan's motion to recommit is not like an ordinary bill. It is a
conference report. The only effect of the motion is to require us to
open the conference back up. That means everything in the conference
from the pay raise to the retirement reform to the V-22 to whatever my
colleagues care about in this bill is jeopardized because we have got
to open everything back up, go back into negotiations with the Senate,
and all of the wonderful strides to improve our national security are
threatened by the motion to recommit.
So I would suggest that it is our responsibility to fix DOE, it is
our responsibility to make sure this bill goes forward unimpeded and to
vote against the motion when it is offered.
Office of the Attorney General,
State of Texas, September 15, 1999.
Hon. Floyd D. Spence, Chairman,
House Armed Services Committee,
Congress of the United States, Washington, DC.
Hon. John Warner, Chairman,
Senate Armed Services Committee,
Congress of the United States, Washington, DC.
Dear Congressman Spence and Senator Warner: I have received
a copy of your September 14, 1999 letter to Michael O.
Leavitt and Christine O. Gregoire addressing concerns
regarding the impact of Title XXXII of
S. 1059, the
conference report for the National Defense Authorization Act
(NDAA) for Fiscal year 2000, on the safe operation and
cleanup of Department of Energy (DOE) nuclear weapons sites.
Your letter addresses my two principal concerns with Title
XXXII of
S. 1059:
That this legislation not supercede, diminish or set aside
existing waivers of federal sovereign immunity; and that it
be clear that under Title XXXII the National Nuclear Security
Administration (NNSA) will comply with the same environmental
laws and regulations to the same extent as before the
reorganization.
After reading your letter, I am satisfied that this
legislation was neither intended to affect existing waivers
of federal sovereign immunity nor to exempt in any way the
NNSA from the same environmental laws and regulations as
applied before reorganization.
I also have been advised that your letter will be made part
of the legislative history of Title XXXII of
S. 1059 by being
submitted during the conference debate on this legislation,
thus being made part of the Congressional Record. As such,
this letter will provide confirmation that this legislation
leaves unaltered existing waivers of federal sovereign
immunity as well as existing environmental laws and
regulations.
Given the explanations made in your September 14, 1999,
letter as well as the submission of your letter as part of
the Congressional Record to be included in the legislative
history of this statute, I have no continuing objection to
this legislation. I appreciate your efforts to make the
intent of Title XXXII of
S. 1059 clear. Please do not
hesitate to contact me if you have any further questions.
Sincerely,
John Cornyn,
Attorney General of Texas.
Mr. FROST. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from California (Ms. Sanchez).
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Ms. SANCHEZ. Mr. Speaker, as a Member of the House Committee on Armed
Services, I rise in strong support of the national defense
authorization conference report, and I would like to thank the
gentleman from South Carolina (Mr. Spence) and the gentleman from
Missouri (Mr. Skelton) and of course the staff of the committee for all
the hard work that they put into this conference report. The report
addresses the quality of life, the readiness and the modernization
shortfalls that the men and the women in our Armed Forces are currently
facing. The report also addresses the important issue of domestic
violence in the military.
Mr. Speaker, as we all know, one occurrence of domestic violence is
one too many, and unfortunately reports show that in 1994 in every
1,000 marriages 14 spouses were the victims of spouse abuse, and I am
pleased that the conferees from both Chambers worked in a bipartisan
manner to address this important issue. The language in the conference
report gives the services the opportunity to take on the crime of
domestic violence and to protect victims of domestic violence as they
never have before. It gives the Department of Defense and the services
the opportunity to develop relationships with non-military victims'
community and to draw on the expertise of local domestic violence
organizations to aid in designing their own programs.
Mr. Speaker, I encourage my colleagues to vote yes on the conference
report.
{time} 1100
Mrs. MYRICK. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Hunter).
Mr. HUNTER. Mr. Speaker, I thank the gentlewoman from North Carolina
(Mrs. Myrick) for yielding me this time.
Mr. Speaker, I think every Member should be proud to vote for this
conference report. I think this report is a great manifestation of our
ability to work in a bipartisan manner and do something that is
important for the country, and I want to thank the gentleman from
Missouri (Mr. Skelton) and the gentleman from Virginia (Mr. Sisisky),
my counterpart on the Subcommittee on Military Procurement, and all the
Members, Democrat and Republican, who worked on this particular piece
of legislation, because today we live in a very dangerous world. That
is extremely clear now.
China is trying to step into the superpower shoes that have been left
by the Soviet Union. Terrorism is becoming more deadly, more
technologically capable, and we are seeing new challenges around the
world; and against that backdrop we have cut defense dramatically.
The defense force structure that we have today is just about half of
what it was in 1992. We have gone from 18 Army divisions to 10; 24
active fighter air wings to 13; and as the gentleman from Virginia (Mr.
Sisisky) said, almost 600 ships down to 324 and dropping.
Unfortunately, the half that we have left is not as ready as the full
force that we had in 1992. We have a $193 million shortage in basic
ammo for the Marines; a $3.5 billion shortage in ammo for the Army. Our
mission-capable rates have gone down almost 10 percent across the board
in the services; that is the ability of an aircraft to take off from a
carrier or from a runway, run its mission and come back and land
safely. That is now down to an average of about 70 percent. That means
about 30 of every 100 planes in our services cannot take off a runway
and do their mission because of a lack of spare parts, a lack of
maintenance, or just having a real old aircraft that has not been
replaced.
In fact, we did have 55 crashes, peacetime crashes, last year with
the military, resulting in over 50 deaths of our people in uniform. So
we are flying old equipment, and we are having to take very valuable
resources, these spare parts, the few spares and repair parts that we
have, and our trained personnel who can still fix aircraft and other
equipment and move them to the front lines when we run an operation
like Kosovo.
So against that backdrop, we have put an additional $2.7 billion into
the modernization accounts, and we put extra money in the pay raise. We
have a 4.8 percent pay raise. We put money in readiness. Across the
board, we have spent what I consider to be the bare minimum; but in
this case, Mr. Speaker, the bare minimum is absolutely necessary. It
would be a tragedy to defeat this bill for some reason, for some turf
fight or some other reason that has nothing to do with national
security.
Let me just say with respect to the DOE section of this bill and the
reform that we did, let me just remind my colleagues about the tragedy
that occurred a couple of years ago. After we had identified an
individual who was identified as a spy in our nuclear weapons
laboratory, and the head of the FBI, Mr. Freeh, had gone to the
Assistant Secretary of Energy and a couple of weeks later to the
Secretary of Energy and said, get this guy away from classified areas,
take away his access to our nuclear secrets, 14 months later somebody
turned around and said, is that spy still next to the nuclear weapons
vault? And somebody went over and checked and, yes, he was.
We tried to figure out why he hadn't been fired, and there was such a
mess and such a confusion that nobody was sure. Everybody thought the
other guy was going to get the spy away from our nuclear secrets.
Presumably he was upgrading for 14 months, over a year, the nuclear
secrets that he had moved out earlier and nobody was there to stop him.
That was the confusion that we saw. That is the confusion that we
fix. Let us pass this conference report.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I take this opportunity not to comment on this
legislation but to comment on the Republican leadership's unwillingness
to recognize reality in the scheduling of the House of Representatives.
As people may be aware, there is a hurricane headed toward this area,
and yet the Republican leadership refuses to adjourn the House at the
end of proceedings today, thereby forcing Members to attend a hurricane
party here in Washington, D.C. in the capitol tomorrow.
It is very likely that the Washington, D.C. airports will be closed
tomorrow if the hurricane does, in fact, continue on its path, thereby
preventing Members from the southeast who may want to be with their
constituents at the time of this national emergency from doing so, and
preventing Members from other parts of the country who may actually
want to be able to go home this weekend and spend time with their
constituents from doing so.
I find it extraordinarily shortsighted on the part of the Republican
leadership to recognize that there is a hurricane headed straight
toward Washington, D.C. The House should be adjourned at the end of
today so that Members will not be trapped in Washington and be unable
to be with their constituents in the next 5 days.
Mr. Speaker, I reserve the balance of my time.
Mrs. MYRICK. Mr. Speaker, back to the debate, I yield such time as he
may consume to the gentleman from California (Mr. Dreier), my
distinguished chairman of the Committee on Rules.
(Mr. DREIER asked and was given permission to revise and extend his
remarks.)
Mr. DREIER. Mr. Speaker, I thank my friend, the gentlewoman from
North Carolina (Mrs. Myrick) for yielding and congratulate her on her
superb management of this rule.
Mr. Speaker, I have to respond to my friend from Dallas by saying
that we obviously want to do everything that we can to ensure that
people are able to get out of town in time, and I will say that we do
not want to have to have a hurricane party here. I do not know that the
hurricane is headed right towards Washington, D.C. We certainly hope
that we do not see any loss of life and that it is, in fact, lessened.
But I am struck with the fact that my colleagues really go for
everything they possibly can to attack the Republican leadership. We
enjoy the fact that they are scraping for something more to criticize
us on.
Let me say that I believe that this is a very important conference
report. We are trying to get the people's work done here, and I am
hoping very much that we will be able to have strong bipartisan support
of not only the rule but the conference report itself.
[[Page
H8301]]
It was 10 years ago this coming November 13 that the world celebrated
the crumbling of the Berlin Wall, and many people argued at that point
that we would be witnessing the end of history; that the demise of the
Soviet Union and Communism, which took place in the following 3 years,
was something that was going to change the world, and clearly it has.
I think that the leadership that Ronald Reagan and President George
Bush have shown and, frankly, in a bipartisan way that we have provided
for our Nation's defense capability, brought about that change; but as
we mark, in the coming weeks, the 10th anniversary of the crumbling of
the Berlin Wall, it is very important for us to note that there has
been a dramatic change in the national security threat that exists in
this country and for the free world.
It seems to me that we need to realize that over that period of time
we have dealt with a wide range of challenges that exist throughout the
world, and I am struck with a figure that I mentioned here several
times before, the fact that during this administration we have deployed
265,000 troops to 139 countries around the world and that has taken
place at a time when we have actually diminished our level of
expenditures.
Since 1987, we have seen a reduction of 800,000 of our military
personnel. We have consistently pursued this goal of trying to do more
with less, and that is wrong. That is why when we, as Republicans at
the beginning of the 106th Congress, set forth our four top priorities
of making sure that we improve public education, which I am proud to
say that we have done; provide tax relief for working families, which
in just a couple of hours we are going to be enrolling the bill and
sending it to the President, and I hope very much he does not veto that
bill as he said he would on Friday; and saving Social Security and
Medicare. Those are other priorities.
We also included, as a top priority, because of this changing threat,
rebuilding our Nation's defense capability. I am happy that we have
passed and that the President, reluctantly, but the President finally
did sign the national ballistic missile defense bill. I am very happy
that we were able to see the President come on board in some of our
attempts to deal with these national security issues, and I hope that
he will be able to sign this conference report when it gets to him.
It is clearly the right thing to do. We are going to be facing more
challenges, but we have to make sure that the one issue which only the
Federal Government can deal with, virtually every one of the other
issues that we deal with can be handled by State and local governments,
but our national security is the one issue that we are charged to
dealing with. It is in the preamble of the U.S. Constitution, and it
seems to me that we need to step up to the plate. That is why support
of this conference report is very important.
I urge my colleagues to do it in a bipartisan way.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would only point out to my friend, the gentleman from
California (Mr. Dreier), that I am not trying to be overly critical of
the Republican leadership.
Mr. DREIER. That would be a first, I have to say.
Mr. FROST. I am just appalled by the fact that they seem to have
taken the position of, what hurricane? I mean, everybody in the country
knows that the hurricane is heading up the East Coast, and by refusing
to adjourn the House at the end of business today they are forcing the
staff to try and get into work tomorrow. They are trapping Members in
the Nation's capital who want to be home with their constituents. This
is an extraordinary development.
Mr. DREIER. Mr. Speaker, if the gentleman will yield just for a
moment, I would just like to thank him for his input and tell him that
the recommendation that he has made will certainly be taken into
consideration.
Mr. FROST. I have not yielded. I am sorry. I have not yielded.
The Republican leadership seems to be the only ones in the country
that do not recognize the fact that a hurricane is moving up the East
Coast, and that it is projected that it is going to come very close to
Washington, D.C. tomorrow, and that we may have 5 inches of rain here
tomorrow. I do not understand.
All I want them to do is to turn on their television sets and to
listen to the news and to deal with reality so that Members can be
treated in a fair way and so that the staff can be treated in a fair
way. It is unrealistic and unfair to say we are going to be here
tomorrow and everybody come on in, no matter what is happening.
They ought to face reality. They ought to adjourn the House at the
end of today so that Members and staff will not be forced through the
hardship of dealing with the hurricane in Washington, D.C. tomorrow.
Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore (Mr. Ewing). The gentleman from Texas (Mr.
Frost) has 11 minutes remaining. The gentlewoman from North Carolina
(Mrs. Myrick) has 1 minute remaining.
Mrs. MYRICK. Mr. Speaker, I would like to inquire of the gentleman
from Texas (Mr. Frost) if he has any further speakers?
Mr. FROST. Mr. Speaker, I reserve the right to close for our side. We
do not have any other speakers at this point.
Mrs. MYRICK. Mr. Speaker, if it is all right, the gentleman should go
ahead and close because I have no more speakers either.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is a very good piece of legislation. This is
legislation supported by a Democratic President, a Democratic
administration, supported by the vast majority of Democrats in the
House of Representatives. We all are pleased to stand for a strong
national defense, to stand for efforts to help our troops, to increase
morale, to make sure that we retain soldiers that we need and that we
are able to recruit soldiers that our forces need for the future.
This is a good conference report. As a Democrat, I am pleased to
support it, and I urge all of my colleagues to vote yes on final
passage on this very important piece of legislation.
Mr. Speaker, I yield back the balance of my time.
Mrs. MYRICK. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Mr. SPENCE. Mr. Speaker, pursuant to House Resolution 288, I call up
the conference report on the Senate bill (
S. 1059) to authorize
appropriations for fiscal year 2000 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes.
{time} 1115
The SPEAKER pro tempore (Mr. Ewing). Pursuant to the rule, the
conference report is considered as having been read.
(For conference report and statement, see proceedings of the House of
August 5, 1999, at page
H7469.)
The SPEAKER pro tempore. The gentleman from South Carolina (Mr.
Spence) and the gentleman from Missouri (Mr. Skelton) each will control
30 minutes.
Parliamentary Inquiry
Mr. DINGELL. Mr. Speaker, with all respect for the chairman of the
committee and all respect for my good friend, the gentleman from
Missouri (Mr. Skelton), I have been advised that the gentleman from
Missouri supports the bill. I therefore ask, Mr. Speaker, is the
gentleman from Missouri opposed to the bill, and therefore, is he
entitled to time in opposition to the legislation?
The SPEAKER pro tempore. Is the gentleman from Missouri (Mr. Skelton)
in favor of the conference report?
Mr. SKELTON. Mr. Speaker, I absolutely support the bill.
The SPEAKER pro tempore. The gentleman from Missouri supports the
conference report.
Pursuant to clause 8(d)(2) of rule XXII, time will be controlled
three ways. The gentleman from South Carolina (Mr. Spence) will control
20 minutes; the gentleman from Missouri (Mr.
[[Page
H8302]]
Skelton) will control 20 minutes; and the gentleman from Michigan (Mr.
Dingell) will control 20 minutes.
(Mr. SPENCE asked and was given permission to revise and extend his
remarks.)
Mr. SPENCE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the fiscal year 2000 defense authorization bill was
reported out of the Committee on Armed Services back in May on a vote
of 55-to-1, and it passed the House in June on a vote of 365-to-58. The
conference report before us today enjoys equally strong bipartisan
support, as all 36 Republican and Democrat committee conferees have
signed the conference report. This is only the second time this has
happened since 1981. It is truly a bipartisan report.
Mr. Speaker, the funding authorized in this bill is consistent with
the increased spending levels set by the Congress in the budget
resolution. As a result of this increased spending and a careful
reprioritization of the President's budget request, we have provided
the military services some of the tools necessary to better recruit and
retain qualified personnel and to better train and equip them.
It is in this context that the conferees went to work, targeting
additional funding for a variety of sorely needed quality of life,
readiness, and equipment initiatives. However, despite the conferees'
best efforts, we are not eliminating shortfalls, we are simply
struggling to manage them. Absent a long-term, sustained commitment to
revitalizing America's armed forces, we will continue to run the
inevitable risks that come from asking our troops to do more with less.
This conference report also contains the most important and
significant Department of Energy reorganization proposal since the
agency's creation more than two decades ago.
Earlier this year, the bipartisan Cox-Dicks Committee released its
report on the national security implications of our United States
technology transfers to the People's Republic of China. The Cox
Committee identified lax security at DOE nuclear laboratories as a
critical national security problem, and unanimously concluded that
China had obtained classified information on ``every currently deployed
thermonuclear warhead in the United States ballistic missile arsenal.''
Following the Cox Committee report, President Clinton's own Foreign
Intelligence Advisory Board chaired by former Senator Rudman, issued
its report highly critical of DOE's failure to protect the Nation's
nuclear secrets. The report of the President's Advisory Board concluded
that DOD is, ``a dysfunctional bureaucracy that has proven it is
incapable of reforming itself.''
The conference report would implement the recommendation of the
President's Foreign Intelligence Advisory Board to create a semi-
autonomous agency within DOE and vest it with responsibility for
nuclear weapons research and protection. The reorganization will go a
long way towards streamlining DOE's excessive bureaucracy and improving
accountability, all in an effort to ensure that our Nation's most vital
nuclear secrets are better managed and secured.
Mr. Speaker, some question has been raised in some quarters on the
possible impact that the reorganization provisions could have on DOE's
environmental programs and in particular, on the status of existing
waivers of solving immunity agreements between the Federal Government
and individual States. In a few minutes I plan to engage in a colloquy
with the gentleman from Missouri (Mr. Skelton) to clarify this point
for the legislative record.
Mr. Speaker, I would like to insert into the Record following my
statement a letter that Senator Warner and I have jointly written to
the National Governors Association and the National Association of
Attorneys General that address these questions in more detail.
The bottom line is that this conference report does not impact or
change current environmental law or regulation, and it does not impact
or change existing waivers of sovereign immunity agreements. For the
sake of time I will not repeat that statement, but it is true to the
letter.
Mr. Speaker, this conference report is before the House today only as
a result of the efforts of all conferees. In particular, I want to
recognize the critical roles played by the Committee on Armed Services
subcommittee and panel chairmen and ranking members. Their efforts,
along with those of the gentleman from Missouri (Mr. Skelton) made my
job easier, and their dedication to getting the job done is clearly
evident in this conference report.
Mr. Speaker, this is an important piece of legislation, and I urge
all of my colleagues to support the conference report.
Washington, DC,
September 14, 1999.
Hon. Michael O. Leavitt,
Chairman, National Governors' Association, Hall of States,
Washington, DC.
Hon. Christine O. Gregoire,
President, National Association of Attorneys General,
Washington, DC.
Dear Governor and Madam Attorney General: We are aware that
concerns have been raised regarding the impact of Title XXXII
of
S. 1059, the conference report for the National Defense
Authorization Act (NDAA) for Fiscal Year 2000, on the safe
operation and cleanup of Department of Energy (DOE) nuclear
weapons sites. Title XXXII provides for the reorganization of
the DOE to strengthen its national security function, as
recommended by the House of Representatives, the Senate, and
the President's Foreign Intelligence Advisory Board (PFIAB).
In so doing, the NDAA would establish the National Nuclear
Security Administration (NNSA), a semi-autonomous agency
within the Department.
However, as the purpose of this effort was focused on
enhancing national security and strengthening operational
management of the Department's nuclear weapons production
function, the conferees recognized the need to carefully
avoid statutory modifications that could inadvertently result
in changes or challenges to the existing environmental
cleanup efforts. As such, Title XXXII does not amend existing
environmental, safety and health laws or regulations and is
in no way intended to limit the states' established
regulatory roles pertaining to DOE operations and ongoing
cleanup activities. In fact, Title XXXII contains a number of
provisions specifically crafted to clearly establish this
principle in statue.
NNSA compliance with existing environmental regulations,
orders, agreements, permits, court orders, or non-
substantive requirements.
Concern has been expressed that Title XXXII could result in
the exemption of the NNSA from compliance with existing
environmental regulations, orders, agreements, permits, court
orders, or non-substantive requirements. We believe these
concerns to be unfounded. First, Section 3261 expressly
requires that the newly created NNSA comply with all
applicable environmental, safety and health laws and
substantive requirements. The NNSA Administrator must develop
procedures for meeting these requirements at sites covered by
the NNSA, and the Secretary of Energy must ensure that
compliance with these important requirements is accomplished.
As such, the provision would not supersede, diminish or
otherwise impact existing authorities granted to the states
or the Environmental Protection Agency to monitor and enforce
cleanup at DOE sites.
The clear intent of Title XXXII is to require that the NNSA
comply with the same environmental laws and regulations to
the same extent as before the reorganization. This intent is
evidenced by Section 3296, which provides that all applicable
provisions of law and regulations (including those relating
to environment
Amendments:
Cosponsors:
CONFERENCE REPORT ON S. 1059, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
Sponsor:
Summary:
All articles in House section
CONFERENCE REPORT ON S. 1059, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
(House of Representatives - September 15, 1999)
Text of this article available as:
TXT
PDF
[Pages
H8295-H8318]
CONFERENCE REPORT ON
S. 1059, NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 2000
Mrs. MYRICK. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 288 and ask for its immediate consideration.
The Clerk read the resolution, as follow:
H. Res. 288
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (
S. 1059) to authorize appropriations for fiscal year
2000 for military activities of the Department of Defense,
for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, and for other
purposes. All points of order against the conference report
and against its consideration are waived.
The SPEAKER pro tempore (Mr. Ewing). The gentlewoman from North
Carolina (Mrs. Myrick) is recognized for 1 hour.
Mrs. MYRICK. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the gentleman from Texas (Mr. Frost), pending
which I yield myself such time as I may consume. During consideration
of this resolution, all time yielded is for the purpose of debate only.
Yesterday the Committee on Rules met and granted a normal conference
report rule for
S. 1059, the Fiscal Year 2000 Department of Defense
Appropriations Act. The rule waives all points of order against the
conference report and against its consideration. In addition, the rule
provides for 1 hour of debate equally divided and controlled between
the chairman and ranking minority member of the Committee on Armed
Services.
Mr. Speaker, this should not be a controversial rule. It is the type
of rule that we grant for every conference report we consider in the
House. The conference report itself is a strong step forward as we work
to take care of our military personnel and provide for our national
defense.
I have always admired the patriotism and dedication of the young men
and women in the armed forces, especially given the poor quality of
life that our enlisted men and women face. But today, we are doing
something to improve military pay, housing, and benefits.
It has always been kind of sad, we ask these young people to
technically give up their life for their country, but yet we really
have not treated them in the way that most of us would like to be
treated. Their pay has not been good. They live in housing that has
been virtually World War II almost, substandard housing in some cases.
A lot of them have had to take second jobs just to exist because they
are married and they cannot make it on their pay.
So we are helping to take some of this load off of them, and we are
helping to take some of them off of food stamps with this bill by
giving them a
[[Page
H8296]]
4.8 percent pay raise. We have added $258 million for a variety of
health care efforts.
We are boosting the basic allowance for housing, as I said,
increasing retention pay for pilots, which is another big problem we
have had. We are having a very difficult time retaining good pilots in
the military. We are prompting the GAO to study how we can do better.
But along with personnel, we have taken care of our military
readiness. We live in a dangerous world today, and Congress is working
to protect our friends and family back home from our enemies abroad.
We are providing for a national missile defense system, something
that we have never had and that a lot of people think we have. A lot of
people think we are protected if a warhead comes in from China or North
Korea or Iraq or Iran, but, no, we are not. So with this bill, we are
going to provide the beginnings of that protection for this country if
that day ever comes.
In light of the recent news about security breaches at our weapons
laboratories, we are creating a National Nuclear Security
Administration to prevent enemy nations from stealing our nuclear
secrets. We are boosting the military's budget for weapons and
ammunition. We are providing $37 billion for research and development
so our forces will have top-of-the-line equipment for their job.
I urge my colleagues to support this rule and to support the
underlying conference report because now more than ever we must improve
our national security.
Mr. Speaker, I graciously yield such time as he may consume to the
gentleman from Missouri (Mr. Skelton).
Mr. SKELTON. Mr. Speaker, I thank the gentlewoman from North Carolina
for allowing me to speak at this point.
As my colleagues know, I am the ranking member of the Committee on
Armed Services. From the beginning of this year, the very first
hearing, I said that this should be the year of the troops. To the
credit of the Committee on Armed Services, on a very bipartisan effort,
it is the year of the troops.
We have had, as my colleagues know, serious recruiting problems and
even more serious retention problems. I am not just talking about
pilots; I am talking about young men and young women who have put
several years into the military and decide to get out.
The old saying is, and it is so true, ``you recruit soldiers'' or in
the case maybe Marines, sailors, airmen, ``but you retain families.''
For instance, the Army has been cut some 36 percent, but the
operational tempo has increased 300 percent. We are wearing the troops
out.
I had breakfast about a year and a half ago with some noncommissioned
officers of the United States Navy, and they told me about the
dispirited attitude of the young men and women who work with them, the
feeling that they were not remembered. This bill is a tribute to them.
This bill is one where truly we do remember them.
It is our job under the Constitution to raise and maintain the
military and to write the rules and regulations therefor, and we have
done a magnificent job. I am very proud of it. I am very proud of the
bipartisanship. I am very proud of the effort made. I especially
compliment the gentleman from South Carolina (Mr. Spence), our
chairman, for his outstanding efforts.
This is a good bill. The Department of Energy portion that deals with
nuclear weapons is under our jurisdiction. That has been a very
important part of our effort.
To some, it will not meet with their full approval. But I think we
took a giant step forward. I am for this bill, for the troops, for the
families.
I might say, in addition to the pay raises, the pay raise, the pay
tables, pension reform, we have done superb work for the barracks,
family housing. I think it deserves great, great support.
Regarding the Department of Energy effort, I think it is good. Could
it be better? Sure. But legislation is a matter of compromise. So I
support the bill and all of its portions. I hope this rule will be
adopted overwhelmingly because this is a major step in the national
security of our country.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, let me state at the outset that it is my intention to
support this conference report. The National Defense Authorization Act
for Fiscal Year 2000 contains a number of provisions that are critical
to the maintenance of our national defense forces. Most important among
them is a 4.8 percent basic military pay raise and additional pay
raises targeted to mid-grade officers and NCOs to improve retention and
hopefully stem the loss of some of the best and brightest and most
valuable members of our armed services.
The quality-of-life issues addressed in this package are, in a word,
essential to the men and women who serve in uniform and to their
families. As Members of this body point out repeatedly, it is
unconscionable that service men and women should be paid at rates so
low that they depend upon food stamps to feed their families, or the
military housing is oft times decrepit or substandard.
This bill may not resolve all of those issues, but at least it puts
us on the road to fixing a problem that cannot and should not be
tolerated.
This conference report is not without controversy, however. The
ranking member of the Committee on Commerce has raised some serious
concerns about the provisions in the conference report, which establish
a new National Nuclear Security Administration to manage DOE's weapons
programs.
The gentleman from Michigan (Mr. Dingell) is especially concerned
that this provision was added in conference over the objections of the
Committee on Commerce and Committee on Science who have jurisdiction
over this matter; and he has indicated that it is his intention to
offer a motion to recommit to strike language from the conference
report.
{time} 1030
Members should listen very carefully to his arguments against these
provisions which are opposed by the Secretary of Energy, the National
Governors Association, and the National Association of Attorneys
General. The gentleman from Michigan (Mr. Dingell) will also voice
strong objections to the process by which these provisions were
included in this conference report. His views deserve the attention of
the House, and I urge Members to pay close attention. There will, of
course, be Members who will oppose his motion to recommit because they
do not want to put any barriers in the path of the passage of this very
good bill. His objections do not, however, lie against the remainder of
the bill, and those provisions deserve the strong support of the House.
This conference report authorizes $8.5 billion for military
construction and military family housing programs. It authorizes full
funding for a proposed program to construct or renovate over 6,200
units of military family housing, and the construction or renovation of
43 barracks, dormitories and BEQs for the single enlisted. The
conference report also increases authorization amounts for procurement
accounts to provide for a total of $55.7 billion as well as for
research and development to provide for a total of $36.3 billion.
This increased funding will provide $171.7 million for further
development of the B-2 fleet, $252.6 million to procure F-16C aircraft
and $319.9 million for F-16 modifications. In addition, the conference
report commits to funding an acquisition of the critical next-
generation air dominance fighter. It authorizes $1.2 billion for
research and development on the F-22 Raptor, $1.6 billion for six low-
rate initial production aircraft, and $277.1 million for advanced
procurement for 10 LRIP aircraft in fiscal year 2001. The conferees are
to be congratulated for their support for this critical program.
I am also pleased that the conferees have included $990.4 million for
procurement of 12 V-22s and $182.9 million for V-22 research and
development and $25 million to accelerate development of the CV-22
special operations variant. Mr. Speaker, this is a very good conference
report. The conferees have brought us a bill which enhances quality of
life for our men and women in uniform, a bill which protects core
readiness and a bill which wisely and aggressively addresses the need
to replace aging equipment and to find ways to keep our weapons systems
second to none in the world. I commend this conference report to my
colleagues.
Mr. Speaker, I reserve the balance of my time.
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Mrs. MYRICK. Mr. Speaker, I yield such time as he may consume to the
gentleman from Florida (Mr. Goss).
(Mr. GOSS asked and was given permission to revise and extend his
remarks.)
Mr. GOSS. Mr. Speaker, I thank the distinguished gentlewoman from
North Carolina for her leadership on this and my gratitude for yielding
me the time. I am pleased to support this very appropriate rule for
consideration of
S. 1059, the fiscal year 2000 DOD authorization
conference report, a major piece of legislation for this Congress. I
particularly want to commend the gentleman from South Carolina (Mr.
Spence) and the gentleman from Missouri (Mr. Skelton) for their
diligent, bipartisan, very thorough work to make sure that we
significantly improve the support given to our men and women in
uniform.
They are the ones doing the hard work. They are the ones in harm's
way. They are the ones taking the risk. That deserves to be supported
to the fullest extent possible. I am grateful for the continued close
working relationship that these gentlemen have had with the Permanent
Select Committee on Intelligence in ensuring that our fighting forces
have access to the best, the most timely, and the most accurate
intelligence that we can get. Eyes, ears, brains are actually very
crucial to our national security.
This legislation reflects our commitment to those capabilities. Force
protection, force enhancement, force projection: these are the results,
these are the needs, and these are what we are getting. Americans most
recently have watched our troops in action in Kosovo. You might have
the impression from what I would call photo-op TV that Kosovo is some
kind of a big win. Unfortunately, the view emerging from the ground in
Kosovo is not quite so rosy.
Further, the administration is pursuing policies that could
ultimately endanger the chances for a long-term peace and stability in
that region in my view and the view of others. Official U.S. policy
toward Kosovo is in fact built upon three very uncertain principles:
one, Kosovo should remain an ethnically diverse province; two, Kosovo
should not become independent; and, three, the Kosovo Liberation Army,
the KLA, should give up its arms and disband. These principles face
serious challenges in the field, on the ground.
U.S. policy refuses to recognize even the possibility that the
Kosovars will eventually vote to declare independence from Yugoslavia.
That is a possibility that should not be discounted. Similarly, the
administration is naively assuming that the KLA will simply roll over
and disband. In my view, the U.S. has no end game strategy. For the
sake of the Americans and our allies on the ground in Kosovo, I urge
the administration to rethink our situation there and base decisions on
fact, not on wishful thinking.
Mr. Speaker, as a member of the Cox Committee, I am satisfied with
the provision in this legislation establishing a semiautonomous agency
to run the weapons program at the Department of Energy under the
Secretary's leadership. Critics have suggested that this change could
cause the sky to fall with respect to public health, safety, and
environmental matters. To the contrary, I say.
The Cox Report demonstrates that the sky has already fallen and our
national security has been placed at great risk as a result. Given the
deeply troubling circumstances surrounding reports of espionage at our
national labs, I believe it is very proper for Congress to move
expeditiously in enacting new safeguards.
Mr. Speaker, I am very pleased that the conference report also
includes a provision based on an amendment I offered with the gentleman
from New York (Mr. Gilman) requiring an end to the permanent presence
of U.S. troops in Haiti. As our defense leaders have made clear, the
Clinton administration's insistence on maintaining a permanent troop
presence in Haiti has strained an already overburdened military, has
unnecessarily put our troops at risk there, and has focused on
humanitarian projects more appropriately undertaken by nongovernmental
organizations who are ready, willing and able to do the job.
In the face of our efforts to force a withdrawal by year's end, the
Clinton administration has finally announced an end to the permanent
presence of U.S. troops in Haiti, to be replaced with periodic
deployments as needed, as is customary everywhere else in the Western
Hemisphere. This action does not, I repeat, does not signal an end to
U.S. military involvement or to U.S. support for the democratic process
in Haiti but, rather, it is a more realistic policy to provide the help
Haiti so desperately needs as our neighbor in the Caribbean.
Lastly, Mr. Speaker, Members should note that this legislation
contains a significant increase in counterdrug funding for DOD. Once
again, Congress has taken the lead to win the war on drugs, filling the
vacuum left by a just-say-maybe message from the Clinton
administration. And we are getting results, if you read the papers.
This is a good bill. I urge its passage. I commend those involved.
Mr. FROST. Mr. Speaker, I yield 5 minutes to the gentleman from
Virginia (Mr. Sisisky).
Mr. SISISKY. I thank the gentleman from Texas for yielding me this
time.
Mr. Speaker, I rise in strong support of
S. 1059, the National
Defense Authorization Act for fiscal year 2000 and, of course, the
rule. I would like to take a few minutes to tell our colleagues why.
First, I am pleased to report that in my opinion members were treated
equitably. Members on our side of the aisle were given the same
consideration as members on the other side. That is not to say
everybody got everything they wanted. They did not. Neither did I.
Second, this conference report builds on the President's proposal to
increase defense spending by $112 billion over the next 6 years. To
redress shortcomings in recruiting and retention, this bill provides a
4.8 percent pay raise, pay table reforms for middle grade personnel and
retirement reform in what may be the best compensation package for our
military since the 1980s. The bill also addresses the budget shortfalls
that have dogged the weapons research and development and procurement
programs of the Department of Defense. In fact, by providing $4.6
billion in increases for weapons, related research and development and
procurement, I believe we may have turned the corner and begun the
long, steady recovery that is both needed and overdue. Particularly
noteworthy is the emphasis on precision stand-off weapons that reduce
risks to our troops and, at the same time, risks to innocent civilian
populations.
Third, I am particularly pleased that we have rejected the status quo
and begun the long and difficult task of management and accountability
reforms for the national security functions of the Department of
Energy. In my opinion, there is no disagreement as to whether such
reforms are needed, and to delay starting the reform process while
waiting on unanimity or drafting perfection would in my opinion be
irresponsible. Admittedly, the provisions proposed in this conference
report are not perfect, nor does everyone agree. But, on balance, they
are a good first start on what will prove to be a long and difficult
process in the years ahead.
More importantly, there is nothing in this bill that would amend
existing environmental, safety and health laws or regulations, nor is
there any intent to limit the States' established regulatory roles
pertaining to the Department of Energy operations and ongoing cleanup
activities. Thus, I do not believe the DOE reform provisions are
antienvironmental nor do I believe they should be used as the basis for
rejecting this conference report.
Finally, our naval forces have shrunk from nearly 600 ships in 1987
to 324 ships today. At the same time, the number of missions for these
ships have increased threefold. Worse, the administration's budget
would lead to a 200 ship Navy, well below the force level of 300 ships
called for by the Nation's military strategy. This bill allows the Navy
to dedicate more of its scarce shipbuilding dollars to the construction
of needed warships by providing significantly more cost-effective
acquisitions through the following measures:
The early construction of an amphibious ship for the Marines at a
great price; procurement for the final large, medium speed roll-on/
roll-off ship,
[[Page
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LMSR, before the line closes; cost-saving expanded multiyear
procurement authority for the DDG-51 destroyer program; long-term lease
authority for the services of new construction, noncombatant ships for
the Navy; and expanded authority for the National Defense Features
program to allow DOD to pay reduced life-cycle costs of defense
features built into commercial ships up-front.
Mr. Speaker, we all know that bills are compromises, and that good
bills make good promise compromises.
S. 1059 is such a bill. It is a
balanced bill with good compromises. In the strongest terms, I urge the
adoption of the conference report.
Mrs. MYRICK. Mr. Speaker, I yield 3 minutes to the gentleman from
North Carolina (Mr. Hayes).
Mr. HAYES. Mr. Speaker, I thank the gentlewoman from North Carolina
for yielding me the time and I thank the gentleman from Virginia for
pointing out a number of the important issues and details that are what
this bill and conference report are about.
I rise in very, very strong support of our rule, of our military, and
of this bill. The gentleman from Virginia and I just returned from a
trip where we went to, among other places, North Korea. If our citizens
in the Eighth District, home of Fort Bragg, would look at a city whose
tallest buildings have missiles on top of them, where our Air Force
base has patriot missile batteries on the ready 24 hours a day, where
14,000 pieces of artillery are trained on the South, 80 percent of
which are aimed at Seoul only 40 kilometers away from the demilitarized
zone, if they could see in the eyes of the young men and women who are
standing face to face with the North Koreans every day as a deterrent
to terrorism and rogue nations, there would be no question in their
mind as to our continued and increased support for the military.
Kosovo and Bosnia have brought to our attention the need to correct
imbalances and deprivations that the military has suffered because of
budget shortfalls in recent years. This authorization is more than $8
billion over the administration's request, and an additional $18
billion over a greatly reduced budget for defense in 1999. The
gentleman from Missouri (Mr. Skelton) and members of both parties have
worked diligently, courageously and with much forethought to rebuild
our military. That is what this rule is about. We have a volunteer
force. We should maintain a voluntary and not a draft force. In order
to do that, we must do things that are included in this bill,
increasing pay, improving health care benefits, restoring REDUX, doing
things that we owe to our military to correct years of neglect.
{time} 1045
This bill beefs up and strengthens areas that have been eroded over a
number of years. It addresses major issues that the gentleman from
Virginia (Mr. Sisisky) has mentioned, but it also deals with such
basics as ammunition and spare parts. So this is a broad-based, common-
sense, very necessary piece of support for our men and women in
uniform. In order for them to maintain the superiority, the commitment
and to provide the protection for a world that is very, very dangerous,
we should support them by unanimously passing this rule and this bill.
They protect us; we need to support them.
Mr. FROST. Mr. Speaker, I yield 5 minutes to the gentleman from
Michigan (Mr. Dingell).
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Mr. Speaker, this is a rule which sanctifies bad
behavior. There was no real conference held on this legislation.
Members of the conference who were entitled to be present to
participate were not invited and were informed when they showed up that
there was no conference to be held, the matter had been disposed of,
and that we could simply go our way.
Now let us look at what the rule does. The rule waives points of
order on two things: One, germaneness and the other, scope of the
conference. In each instance the conferees, without holding a meeting,
contrived to concede the House rules on both points, so now they need a
waiver. Why do they need a waiver? They need a waiver because they
wrote something which is not germane, which was never considered in
either body and which exceeds the scope of the conference.
Now I want to express respect for my friend, the gentleman from
Missouri (Mr. Skelton) who is a very decent and honorable Member of
this body, but I want to say that what has been done here is, first of
all, an outrage, and it is a gross abuse of the powers of the committee
and a gross disregard to the rights both of other committees and of
this body to know what is going on and to have an input into a matter
of important concern.
Now let us talk about the substance. This proposal in its title 32
recreates essentially the Atomic Energy Commission, one of the most
secretive, one of the most sneaky, and one of the most dishonest
agencies in government. They lied to everybody, including themselves,
and the Congress of the United States, the Executive Branch. They
suppressed tracks, and they have created in every area over which they
had jurisdiction a cesspool, environmentally and otherwise. The areas
which they had jurisdiction over drip hazardous waste and are
contaminated beyond belief. Mixed wastes, high-level and low-level
nuclear wastes contaminate these areas because of the fact that they
diligently suppressed all facts with regard to what they were doing and
how they were doing it, and I will be glad to discuss in greater detail
because I do not have time now the behavior of that agency.
We are now setting up an entity which will be totally exempt from the
supervision of the Secretary and which will be totally exempt from the
supervision of this body. What they are going to do is to create a
situation where now they can lie in the dark, as they did before in the
days of the Atomic Energy Commission, and efforts to control this
agency will be brought to naught by the absolute power that is being
invested in them to suppress the facts to everyone.
Now who is opposed to this? First of all, every environmental agency
and every environmental organization; second of all, the
administration; third of all, the National Governors' Association; and
fourth of all, the Organization of Attorneys General, 46 of whom sent
us a letter denouncing what is being done here with regard to State,
Federal environmental laws and the splendid opportunity for severe and
serious misbehavior by this new entity.
If my colleagues want to vote for the good things in the bill; and
there are many good things, I supported this bill: pay raises and other
things which would benefit us in terms not only of our concern for our
military personnel, but also our concern for seeing to it that our
defense needs are met; vote for the motion to recommit because the only
thing it does is to strike title 32. The rest that it keeps are the
good things that are in this legislation.
So I offer my colleagues a chance to undo what was done in a high-
handed arrogance by the committee and in a rather curious and
remarkable and unjustifiable rule, one which is going to deny everybody
in this country an opportunity to know what is going on inside that
agency.
Now if we are talking about security, let me just tell my colleagues
that the security of the AEC stunk. I was over in a place called
Arzamas-16, the place where the Russians made their nuclear and
thermonuclear weapons. I saw there a bomb that looked exactly like the
bomb the United States dropped on Hiroshima. I told the guy: That looks
familiar. They said it is an exact copy of the bomb that was dropped in
Hiroshima. So when they tell us that the recreation of the secrecy and
the inbrededness of the AEC and the secretiveness that this legislation
will authorize is going to assure the national security, do not believe
them. History is against it, and I would just ask my colleagues to
understand the secrecy that they are talking about is not against the
Russians or against anybody else. It is secrecy which they intend to
use to prevent my colleagues, and I, and the Members of Congress, the
Members of the Senate from knowing what is going on down there. If my
colleagues want to see to it that we continue our efforts to protect
the security of the United States, to see to it that things are done
which need be done in terms of protecting the security interests of the
United States, they can vote for my amendment and
[[Page
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should, but if they want to protect the environment, then they you must
vote for my amendment.
Mrs. MYRICK. Mr. Speaker, I yield 8 minutes to the gentleman from
Texas (Mr. Thornberry), my colleague.
(Mr. THORNBERRY asked and was given permission to revise and extend
his remarks.)
Mr. THORNBERRY. Mr. Speaker, I share the respect that all Members of
this House have for the dean of the House, and I always appreciate his
willingness to stand up for what he believes in, as we recently saw
when he led efforts to oppose gun control despite the sentiments of
most of his party. As much as anyone in this body, the gentleman from
Michigan is responsible over the years for the management structure of
the Department of Energy, and he does not want to see that changed, and
I think we can all understand someone coming from that position. But
study after study, report after report, have reached a different
conclusion. As a matter of fact, I know of at least 20 studies, reports
and in-house reviews in the Department of Energy that have all found
that the Department of Energy management structure is a mess and hurts
our security, safety, and national security.
I point to the President's own study which came out just this summer
conducted by his foreign intelligence advisory board, and they
concluded, quote, DOE's performance throughout its history should be
regarded as intolerable, and they also found, quote, the Department of
Energy is a dysfunctional bureaucracy that has proven incapable of
reforming itself, end quote. Now what they went on to say is we can do
one of two things. One is that we can take all the nuclear weapons
program completely out of the Department of Energy and set up a whole
new agency, or we can create a semi-autonomous agency inside DOE with a
clear chain of command and hope to solve some of these problems. This
conference report takes the President's own commission's
recommendations and implements them down to the letter.
Now what that does is it gives the nuclear weapons agency two things
that it has never had under DOE. One, it has a clear focus on its
mission so that the same people who worry about refrigerator coolant
standards and solar power and electricity deregulation day to day are
not going to be interfering in the nuclear weapons work.
Secondly, it provides accountability so that we have for the first
time a clear chain of command so that when an order is given it is
followed; and if somebody messes up, they are held responsible and we
can get rid of them. And that is one of the most important safeguards
we can have to protecting the environment, to having a clear line of
accountability and safeguards.
The gentleman from Michigan says, oh, this just goes back to the old
Atomic Energy Commission. I would say that no more will we ever go back
to some of the problems of the past any more than we are going to go
back to pouring motor oil out on the ground or we are going to go back
to allowing cars to create all the smog that they can create. We are
not going to, and I personally, Mr. Speaker, am offended by the
suggestion that the people who work at the Pantex plant in my district,
who live in the area, whose children go to school in that area, are
going to be so careless in disregarding the safety of the drinking
water and the other things in that area that they are just going to
pollute willy nilly.
Now I think there are some important points to be made on the
environment. Number one, this bill says that every single standard,
environmental standard, that applies before the bill applies after the
bill; it does not change.
Secondly, this bill says that the Secretary of Energy can set up
whatever oversight he wants by whoever he wants, and they can look at
every single thing that goes on throughout the weapons complex, and
they can make whatever policy recommendations they want to make, and
the Secretary of Energy can order anything to happen dealing with the
environment or any other subject. The only change is that these
oversight people, unless they are within the new agency, cannot order
things to be changed, they cannot implement the directions. Policy can
be set by anybody that the Secretary wants, but the implementation goes
down the clear chain of command.
Some of the concerns that have been raised to this bill have been by
some attorneys general who are worried about some new court challenge
on matters that have been already established under court rulings. Let
me make it clear, this bill does not change any of the waivers of
sovereign immunity that the attorneys general have been concerned
about; and there is a letter that will be made part of the Record later
in which the chairman of our committee and the chairman of the Senate
committee clearly say we are not changing one single environmental
standard. And I would also put as part of the Record at that time a
letter from the attorney general of Texas who once he had a chance to
look at the actual legislation and what the real intent is says he no
longer has any concerns or objections, and I would suggest that if my
colleagues have a chance to talk to all the attorneys general and tell
them what is really going on, that any of those concerns certainly melt
away.
Mr. Speaker, I just make two final points. Number one is that we have
all been embarrassed and dismayed and shocked at the security headlines
which we have seen across the papers this year. For us to walk away and
say we cannot do anything about it, it is too complicated, we are just
going to let DOE roll along its merry way, is an abdication of our
responsibility to fix one of the greatest national security problems
with which we have been confronted.
The second point I would like to make is this: The gentleman from
Michigan's motion to recommit is not like an ordinary bill. It is a
conference report. The only effect of the motion is to require us to
open the conference back up. That means everything in the conference
from the pay raise to the retirement reform to the V-22 to whatever my
colleagues care about in this bill is jeopardized because we have got
to open everything back up, go back into negotiations with the Senate,
and all of the wonderful strides to improve our national security are
threatened by the motion to recommit.
So I would suggest that it is our responsibility to fix DOE, it is
our responsibility to make sure this bill goes forward unimpeded and to
vote against the motion when it is offered.
Office of the Attorney General,
State of Texas, September 15, 1999.
Hon. Floyd D. Spence, Chairman,
House Armed Services Committee,
Congress of the United States, Washington, DC.
Hon. John Warner, Chairman,
Senate Armed Services Committee,
Congress of the United States, Washington, DC.
Dear Congressman Spence and Senator Warner: I have received
a copy of your September 14, 1999 letter to Michael O.
Leavitt and Christine O. Gregoire addressing concerns
regarding the impact of Title XXXII of
S. 1059, the
conference report for the National Defense Authorization Act
(NDAA) for Fiscal year 2000, on the safe operation and
cleanup of Department of Energy (DOE) nuclear weapons sites.
Your letter addresses my two principal concerns with Title
XXXII of
S. 1059:
That this legislation not supercede, diminish or set aside
existing waivers of federal sovereign immunity; and that it
be clear that under Title XXXII the National Nuclear Security
Administration (NNSA) will comply with the same environmental
laws and regulations to the same extent as before the
reorganization.
After reading your letter, I am satisfied that this
legislation was neither intended to affect existing waivers
of federal sovereign immunity nor to exempt in any way the
NNSA from the same environmental laws and regulations as
applied before reorganization.
I also have been advised that your letter will be made part
of the legislative history of Title XXXII of
S. 1059 by being
submitted during the conference debate on this legislation,
thus being made part of the Congressional Record. As such,
this letter will provide confirmation that this legislation
leaves unaltered existing waivers of federal sovereign
immunity as well as existing environmental laws and
regulations.
Given the explanations made in your September 14, 1999,
letter as well as the submission of your letter as part of
the Congressional Record to be included in the legislative
history of this statute, I have no continuing objection to
this legislation. I appreciate your efforts to make the
intent of Title XXXII of
S. 1059 clear. Please do not
hesitate to contact me if you have any further questions.
Sincerely,
John Cornyn,
Attorney General of Texas.
Mr. FROST. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from California (Ms. Sanchez).
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Ms. SANCHEZ. Mr. Speaker, as a Member of the House Committee on Armed
Services, I rise in strong support of the national defense
authorization conference report, and I would like to thank the
gentleman from South Carolina (Mr. Spence) and the gentleman from
Missouri (Mr. Skelton) and of course the staff of the committee for all
the hard work that they put into this conference report. The report
addresses the quality of life, the readiness and the modernization
shortfalls that the men and the women in our Armed Forces are currently
facing. The report also addresses the important issue of domestic
violence in the military.
Mr. Speaker, as we all know, one occurrence of domestic violence is
one too many, and unfortunately reports show that in 1994 in every
1,000 marriages 14 spouses were the victims of spouse abuse, and I am
pleased that the conferees from both Chambers worked in a bipartisan
manner to address this important issue. The language in the conference
report gives the services the opportunity to take on the crime of
domestic violence and to protect victims of domestic violence as they
never have before. It gives the Department of Defense and the services
the opportunity to develop relationships with non-military victims'
community and to draw on the expertise of local domestic violence
organizations to aid in designing their own programs.
Mr. Speaker, I encourage my colleagues to vote yes on the conference
report.
{time} 1100
Mrs. MYRICK. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Hunter).
Mr. HUNTER. Mr. Speaker, I thank the gentlewoman from North Carolina
(Mrs. Myrick) for yielding me this time.
Mr. Speaker, I think every Member should be proud to vote for this
conference report. I think this report is a great manifestation of our
ability to work in a bipartisan manner and do something that is
important for the country, and I want to thank the gentleman from
Missouri (Mr. Skelton) and the gentleman from Virginia (Mr. Sisisky),
my counterpart on the Subcommittee on Military Procurement, and all the
Members, Democrat and Republican, who worked on this particular piece
of legislation, because today we live in a very dangerous world. That
is extremely clear now.
China is trying to step into the superpower shoes that have been left
by the Soviet Union. Terrorism is becoming more deadly, more
technologically capable, and we are seeing new challenges around the
world; and against that backdrop we have cut defense dramatically.
The defense force structure that we have today is just about half of
what it was in 1992. We have gone from 18 Army divisions to 10; 24
active fighter air wings to 13; and as the gentleman from Virginia (Mr.
Sisisky) said, almost 600 ships down to 324 and dropping.
Unfortunately, the half that we have left is not as ready as the full
force that we had in 1992. We have a $193 million shortage in basic
ammo for the Marines; a $3.5 billion shortage in ammo for the Army. Our
mission-capable rates have gone down almost 10 percent across the board
in the services; that is the ability of an aircraft to take off from a
carrier or from a runway, run its mission and come back and land
safely. That is now down to an average of about 70 percent. That means
about 30 of every 100 planes in our services cannot take off a runway
and do their mission because of a lack of spare parts, a lack of
maintenance, or just having a real old aircraft that has not been
replaced.
In fact, we did have 55 crashes, peacetime crashes, last year with
the military, resulting in over 50 deaths of our people in uniform. So
we are flying old equipment, and we are having to take very valuable
resources, these spare parts, the few spares and repair parts that we
have, and our trained personnel who can still fix aircraft and other
equipment and move them to the front lines when we run an operation
like Kosovo.
So against that backdrop, we have put an additional $2.7 billion into
the modernization accounts, and we put extra money in the pay raise. We
have a 4.8 percent pay raise. We put money in readiness. Across the
board, we have spent what I consider to be the bare minimum; but in
this case, Mr. Speaker, the bare minimum is absolutely necessary. It
would be a tragedy to defeat this bill for some reason, for some turf
fight or some other reason that has nothing to do with national
security.
Let me just say with respect to the DOE section of this bill and the
reform that we did, let me just remind my colleagues about the tragedy
that occurred a couple of years ago. After we had identified an
individual who was identified as a spy in our nuclear weapons
laboratory, and the head of the FBI, Mr. Freeh, had gone to the
Assistant Secretary of Energy and a couple of weeks later to the
Secretary of Energy and said, get this guy away from classified areas,
take away his access to our nuclear secrets, 14 months later somebody
turned around and said, is that spy still next to the nuclear weapons
vault? And somebody went over and checked and, yes, he was.
We tried to figure out why he hadn't been fired, and there was such a
mess and such a confusion that nobody was sure. Everybody thought the
other guy was going to get the spy away from our nuclear secrets.
Presumably he was upgrading for 14 months, over a year, the nuclear
secrets that he had moved out earlier and nobody was there to stop him.
That was the confusion that we saw. That is the confusion that we
fix. Let us pass this conference report.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I take this opportunity not to comment on this
legislation but to comment on the Republican leadership's unwillingness
to recognize reality in the scheduling of the House of Representatives.
As people may be aware, there is a hurricane headed toward this area,
and yet the Republican leadership refuses to adjourn the House at the
end of proceedings today, thereby forcing Members to attend a hurricane
party here in Washington, D.C. in the capitol tomorrow.
It is very likely that the Washington, D.C. airports will be closed
tomorrow if the hurricane does, in fact, continue on its path, thereby
preventing Members from the southeast who may want to be with their
constituents at the time of this national emergency from doing so, and
preventing Members from other parts of the country who may actually
want to be able to go home this weekend and spend time with their
constituents from doing so.
I find it extraordinarily shortsighted on the part of the Republican
leadership to recognize that there is a hurricane headed straight
toward Washington, D.C. The House should be adjourned at the end of
today so that Members will not be trapped in Washington and be unable
to be with their constituents in the next 5 days.
Mr. Speaker, I reserve the balance of my time.
Mrs. MYRICK. Mr. Speaker, back to the debate, I yield such time as he
may consume to the gentleman from California (Mr. Dreier), my
distinguished chairman of the Committee on Rules.
(Mr. DREIER asked and was given permission to revise and extend his
remarks.)
Mr. DREIER. Mr. Speaker, I thank my friend, the gentlewoman from
North Carolina (Mrs. Myrick) for yielding and congratulate her on her
superb management of this rule.
Mr. Speaker, I have to respond to my friend from Dallas by saying
that we obviously want to do everything that we can to ensure that
people are able to get out of town in time, and I will say that we do
not want to have to have a hurricane party here. I do not know that the
hurricane is headed right towards Washington, D.C. We certainly hope
that we do not see any loss of life and that it is, in fact, lessened.
But I am struck with the fact that my colleagues really go for
everything they possibly can to attack the Republican leadership. We
enjoy the fact that they are scraping for something more to criticize
us on.
Let me say that I believe that this is a very important conference
report. We are trying to get the people's work done here, and I am
hoping very much that we will be able to have strong bipartisan support
of not only the rule but the conference report itself.
[[Page
H8301]]
It was 10 years ago this coming November 13 that the world celebrated
the crumbling of the Berlin Wall, and many people argued at that point
that we would be witnessing the end of history; that the demise of the
Soviet Union and Communism, which took place in the following 3 years,
was something that was going to change the world, and clearly it has.
I think that the leadership that Ronald Reagan and President George
Bush have shown and, frankly, in a bipartisan way that we have provided
for our Nation's defense capability, brought about that change; but as
we mark, in the coming weeks, the 10th anniversary of the crumbling of
the Berlin Wall, it is very important for us to note that there has
been a dramatic change in the national security threat that exists in
this country and for the free world.
It seems to me that we need to realize that over that period of time
we have dealt with a wide range of challenges that exist throughout the
world, and I am struck with a figure that I mentioned here several
times before, the fact that during this administration we have deployed
265,000 troops to 139 countries around the world and that has taken
place at a time when we have actually diminished our level of
expenditures.
Since 1987, we have seen a reduction of 800,000 of our military
personnel. We have consistently pursued this goal of trying to do more
with less, and that is wrong. That is why when we, as Republicans at
the beginning of the 106th Congress, set forth our four top priorities
of making sure that we improve public education, which I am proud to
say that we have done; provide tax relief for working families, which
in just a couple of hours we are going to be enrolling the bill and
sending it to the President, and I hope very much he does not veto that
bill as he said he would on Friday; and saving Social Security and
Medicare. Those are other priorities.
We also included, as a top priority, because of this changing threat,
rebuilding our Nation's defense capability. I am happy that we have
passed and that the President, reluctantly, but the President finally
did sign the national ballistic missile defense bill. I am very happy
that we were able to see the President come on board in some of our
attempts to deal with these national security issues, and I hope that
he will be able to sign this conference report when it gets to him.
It is clearly the right thing to do. We are going to be facing more
challenges, but we have to make sure that the one issue which only the
Federal Government can deal with, virtually every one of the other
issues that we deal with can be handled by State and local governments,
but our national security is the one issue that we are charged to
dealing with. It is in the preamble of the U.S. Constitution, and it
seems to me that we need to step up to the plate. That is why support
of this conference report is very important.
I urge my colleagues to do it in a bipartisan way.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would only point out to my friend, the gentleman from
California (Mr. Dreier), that I am not trying to be overly critical of
the Republican leadership.
Mr. DREIER. That would be a first, I have to say.
Mr. FROST. I am just appalled by the fact that they seem to have
taken the position of, what hurricane? I mean, everybody in the country
knows that the hurricane is heading up the East Coast, and by refusing
to adjourn the House at the end of business today they are forcing the
staff to try and get into work tomorrow. They are trapping Members in
the Nation's capital who want to be home with their constituents. This
is an extraordinary development.
Mr. DREIER. Mr. Speaker, if the gentleman will yield just for a
moment, I would just like to thank him for his input and tell him that
the recommendation that he has made will certainly be taken into
consideration.
Mr. FROST. I have not yielded. I am sorry. I have not yielded.
The Republican leadership seems to be the only ones in the country
that do not recognize the fact that a hurricane is moving up the East
Coast, and that it is projected that it is going to come very close to
Washington, D.C. tomorrow, and that we may have 5 inches of rain here
tomorrow. I do not understand.
All I want them to do is to turn on their television sets and to
listen to the news and to deal with reality so that Members can be
treated in a fair way and so that the staff can be treated in a fair
way. It is unrealistic and unfair to say we are going to be here
tomorrow and everybody come on in, no matter what is happening.
They ought to face reality. They ought to adjourn the House at the
end of today so that Members and staff will not be forced through the
hardship of dealing with the hurricane in Washington, D.C. tomorrow.
Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore (Mr. Ewing). The gentleman from Texas (Mr.
Frost) has 11 minutes remaining. The gentlewoman from North Carolina
(Mrs. Myrick) has 1 minute remaining.
Mrs. MYRICK. Mr. Speaker, I would like to inquire of the gentleman
from Texas (Mr. Frost) if he has any further speakers?
Mr. FROST. Mr. Speaker, I reserve the right to close for our side. We
do not have any other speakers at this point.
Mrs. MYRICK. Mr. Speaker, if it is all right, the gentleman should go
ahead and close because I have no more speakers either.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is a very good piece of legislation. This is
legislation supported by a Democratic President, a Democratic
administration, supported by the vast majority of Democrats in the
House of Representatives. We all are pleased to stand for a strong
national defense, to stand for efforts to help our troops, to increase
morale, to make sure that we retain soldiers that we need and that we
are able to recruit soldiers that our forces need for the future.
This is a good conference report. As a Democrat, I am pleased to
support it, and I urge all of my colleagues to vote yes on final
passage on this very important piece of legislation.
Mr. Speaker, I yield back the balance of my time.
Mrs. MYRICK. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Mr. SPENCE. Mr. Speaker, pursuant to House Resolution 288, I call up
the conference report on the Senate bill (
S. 1059) to authorize
appropriations for fiscal year 2000 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes.
{time} 1115
The SPEAKER pro tempore (Mr. Ewing). Pursuant to the rule, the
conference report is considered as having been read.
(For conference report and statement, see proceedings of the House of
August 5, 1999, at page
H7469.)
The SPEAKER pro tempore. The gentleman from South Carolina (Mr.
Spence) and the gentleman from Missouri (Mr. Skelton) each will control
30 minutes.
Parliamentary Inquiry
Mr. DINGELL. Mr. Speaker, with all respect for the chairman of the
committee and all respect for my good friend, the gentleman from
Missouri (Mr. Skelton), I have been advised that the gentleman from
Missouri supports the bill. I therefore ask, Mr. Speaker, is the
gentleman from Missouri opposed to the bill, and therefore, is he
entitled to time in opposition to the legislation?
The SPEAKER pro tempore. Is the gentleman from Missouri (Mr. Skelton)
in favor of the conference report?
Mr. SKELTON. Mr. Speaker, I absolutely support the bill.
The SPEAKER pro tempore. The gentleman from Missouri supports the
conference report.
Pursuant to clause 8(d)(2) of rule XXII, time will be controlled
three ways. The gentleman from South Carolina (Mr. Spence) will control
20 minutes; the gentleman from Missouri (Mr.
[[Page
H8302]]
Skelton) will control 20 minutes; and the gentleman from Michigan (Mr.
Dingell) will control 20 minutes.
(Mr. SPENCE asked and was given permission to revise and extend his
remarks.)
Mr. SPENCE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the fiscal year 2000 defense authorization bill was
reported out of the Committee on Armed Services back in May on a vote
of 55-to-1, and it passed the House in June on a vote of 365-to-58. The
conference report before us today enjoys equally strong bipartisan
support, as all 36 Republican and Democrat committee conferees have
signed the conference report. This is only the second time this has
happened since 1981. It is truly a bipartisan report.
Mr. Speaker, the funding authorized in this bill is consistent with
the increased spending levels set by the Congress in the budget
resolution. As a result of this increased spending and a careful
reprioritization of the President's budget request, we have provided
the military services some of the tools necessary to better recruit and
retain qualified personnel and to better train and equip them.
It is in this context that the conferees went to work, targeting
additional funding for a variety of sorely needed quality of life,
readiness, and equipment initiatives. However, despite the conferees'
best efforts, we are not eliminating shortfalls, we are simply
struggling to manage them. Absent a long-term, sustained commitment to
revitalizing America's armed forces, we will continue to run the
inevitable risks that come from asking our troops to do more with less.
This conference report also contains the most important and
significant Department of Energy reorganization proposal since the
agency's creation more than two decades ago.
Earlier this year, the bipartisan Cox-Dicks Committee released its
report on the national security implications of our United States
technology transfers to the People's Republic of China. The Cox
Committee identified lax security at DOE nuclear laboratories as a
critical national security problem, and unanimously concluded that
China had obtained classified information on ``every currently deployed
thermonuclear warhead in the United States ballistic missile arsenal.''
Following the Cox Committee report, President Clinton's own Foreign
Intelligence Advisory Board chaired by former Senator Rudman, issued
its report highly critical of DOE's failure to protect the Nation's
nuclear secrets. The report of the President's Advisory Board concluded
that DOD is, ``a dysfunctional bureaucracy that has proven it is
incapable of reforming itself.''
The conference report would implement the recommendation of the
President's Foreign Intelligence Advisory Board to create a semi-
autonomous agency within DOE and vest it with responsibility for
nuclear weapons research and protection. The reorganization will go a
long way towards streamlining DOE's excessive bureaucracy and improving
accountability, all in an effort to ensure that our Nation's most vital
nuclear secrets are better managed and secured.
Mr. Speaker, some question has been raised in some quarters on the
possible impact that the reorganization provisions could have on DOE's
environmental programs and in particular, on the status of existing
waivers of solving immunity agreements between the Federal Government
and individual States. In a few minutes I plan to engage in a colloquy
with the gentleman from Missouri (Mr. Skelton) to clarify this point
for the legislative record.
Mr. Speaker, I would like to insert into the Record following my
statement a letter that Senator Warner and I have jointly written to
the National Governors Association and the National Association of
Attorneys General that address these questions in more detail.
The bottom line is that this conference report does not impact or
change current environmental law or regulation, and it does not impact
or change existing waivers of sovereign immunity agreements. For the
sake of time I will not repeat that statement, but it is true to the
letter.
Mr. Speaker, this conference report is before the House today only as
a result of the efforts of all conferees. In particular, I want to
recognize the critical roles played by the Committee on Armed Services
subcommittee and panel chairmen and ranking members. Their efforts,
along with those of the gentleman from Missouri (Mr. Skelton) made my
job easier, and their dedication to getting the job done is clearly
evident in this conference report.
Mr. Speaker, this is an important piece of legislation, and I urge
all of my colleagues to support the conference report.
Washington, DC,
September 14, 1999.
Hon. Michael O. Leavitt,
Chairman, National Governors' Association, Hall of States,
Washington, DC.
Hon. Christine O. Gregoire,
President, National Association of Attorneys General,
Washington, DC.
Dear Governor and Madam Attorney General: We are aware that
concerns have been raised regarding the impact of Title XXXII
of
S. 1059, the conference report for the National Defense
Authorization Act (NDAA) for Fiscal Year 2000, on the safe
operation and cleanup of Department of Energy (DOE) nuclear
weapons sites. Title XXXII provides for the reorganization of
the DOE to strengthen its national security function, as
recommended by the House of Representatives, the Senate, and
the President's Foreign Intelligence Advisory Board (PFIAB).
In so doing, the NDAA would establish the National Nuclear
Security Administration (NNSA), a semi-autonomous agency
within the Department.
However, as the purpose of this effort was focused on
enhancing national security and strengthening operational
management of the Department's nuclear weapons production
function, the conferees recognized the need to carefully
avoid statutory modifications that could inadvertently result
in changes or challenges to the existing environmental
cleanup efforts. As such, Title XXXII does not amend existing
environmental, safety and health laws or regulations and is
in no way intended to limit the states' established
regulatory roles pertaining to DOE operations and ongoing
cleanup activities. In fact, Title XXXII contains a number of
provisions specifically crafted to clearly establish this
principle in statue.
NNSA compliance with existing environmental regulations,
orders, agreements, permits, court orders, or non-
substantive requirements.
Concern has been expressed that Title XXXII could result in
the exemption of the NNSA from compliance with existing
environmental regulations, orders, agreements, permits, court
orders, or non-substantive requirements. We believe these
concerns to be unfounded. First, Section 3261 expressly
requires that the newly created NNSA comply with all
applicable environmental, safety and health laws and
substantive requirements. The NNSA Administrator must develop
procedures for meeting these requirements at sites covered by
the NNSA, and the Secretary of Energy must ensure that
compliance with these important requirements is accomplished.
As such, the provision would not supersede, diminish or
otherwise impact existing authorities granted to the states
or the Environmental Protection Agency to monitor and enforce
cleanup at DOE sites.
The clear intent of Title XXXII is to require that the NNSA
comply with the same environmental laws and regulations to
the same extent as before the reorganization. This intent is
evidenced by Section 3296, which provides that all applicable
provisions of law and regulations (including tho
Major Actions:
All articles in House section
CONFERENCE REPORT ON S. 1059, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
(House of Representatives - September 15, 1999)
Text of this article available as:
TXT
PDF
[Pages
H8295-H8318]
CONFERENCE REPORT ON
S. 1059, NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 2000
Mrs. MYRICK. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 288 and ask for its immediate consideration.
The Clerk read the resolution, as follow:
H. Res. 288
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (
S. 1059) to authorize appropriations for fiscal year
2000 for military activities of the Department of Defense,
for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, and for other
purposes. All points of order against the conference report
and against its consideration are waived.
The SPEAKER pro tempore (Mr. Ewing). The gentlewoman from North
Carolina (Mrs. Myrick) is recognized for 1 hour.
Mrs. MYRICK. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the gentleman from Texas (Mr. Frost), pending
which I yield myself such time as I may consume. During consideration
of this resolution, all time yielded is for the purpose of debate only.
Yesterday the Committee on Rules met and granted a normal conference
report rule for
S. 1059, the Fiscal Year 2000 Department of Defense
Appropriations Act. The rule waives all points of order against the
conference report and against its consideration. In addition, the rule
provides for 1 hour of debate equally divided and controlled between
the chairman and ranking minority member of the Committee on Armed
Services.
Mr. Speaker, this should not be a controversial rule. It is the type
of rule that we grant for every conference report we consider in the
House. The conference report itself is a strong step forward as we work
to take care of our military personnel and provide for our national
defense.
I have always admired the patriotism and dedication of the young men
and women in the armed forces, especially given the poor quality of
life that our enlisted men and women face. But today, we are doing
something to improve military pay, housing, and benefits.
It has always been kind of sad, we ask these young people to
technically give up their life for their country, but yet we really
have not treated them in the way that most of us would like to be
treated. Their pay has not been good. They live in housing that has
been virtually World War II almost, substandard housing in some cases.
A lot of them have had to take second jobs just to exist because they
are married and they cannot make it on their pay.
So we are helping to take some of this load off of them, and we are
helping to take some of them off of food stamps with this bill by
giving them a
[[Page
H8296]]
4.8 percent pay raise. We have added $258 million for a variety of
health care efforts.
We are boosting the basic allowance for housing, as I said,
increasing retention pay for pilots, which is another big problem we
have had. We are having a very difficult time retaining good pilots in
the military. We are prompting the GAO to study how we can do better.
But along with personnel, we have taken care of our military
readiness. We live in a dangerous world today, and Congress is working
to protect our friends and family back home from our enemies abroad.
We are providing for a national missile defense system, something
that we have never had and that a lot of people think we have. A lot of
people think we are protected if a warhead comes in from China or North
Korea or Iraq or Iran, but, no, we are not. So with this bill, we are
going to provide the beginnings of that protection for this country if
that day ever comes.
In light of the recent news about security breaches at our weapons
laboratories, we are creating a National Nuclear Security
Administration to prevent enemy nations from stealing our nuclear
secrets. We are boosting the military's budget for weapons and
ammunition. We are providing $37 billion for research and development
so our forces will have top-of-the-line equipment for their job.
I urge my colleagues to support this rule and to support the
underlying conference report because now more than ever we must improve
our national security.
Mr. Speaker, I graciously yield such time as he may consume to the
gentleman from Missouri (Mr. Skelton).
Mr. SKELTON. Mr. Speaker, I thank the gentlewoman from North Carolina
for allowing me to speak at this point.
As my colleagues know, I am the ranking member of the Committee on
Armed Services. From the beginning of this year, the very first
hearing, I said that this should be the year of the troops. To the
credit of the Committee on Armed Services, on a very bipartisan effort,
it is the year of the troops.
We have had, as my colleagues know, serious recruiting problems and
even more serious retention problems. I am not just talking about
pilots; I am talking about young men and young women who have put
several years into the military and decide to get out.
The old saying is, and it is so true, ``you recruit soldiers'' or in
the case maybe Marines, sailors, airmen, ``but you retain families.''
For instance, the Army has been cut some 36 percent, but the
operational tempo has increased 300 percent. We are wearing the troops
out.
I had breakfast about a year and a half ago with some noncommissioned
officers of the United States Navy, and they told me about the
dispirited attitude of the young men and women who work with them, the
feeling that they were not remembered. This bill is a tribute to them.
This bill is one where truly we do remember them.
It is our job under the Constitution to raise and maintain the
military and to write the rules and regulations therefor, and we have
done a magnificent job. I am very proud of it. I am very proud of the
bipartisanship. I am very proud of the effort made. I especially
compliment the gentleman from South Carolina (Mr. Spence), our
chairman, for his outstanding efforts.
This is a good bill. The Department of Energy portion that deals with
nuclear weapons is under our jurisdiction. That has been a very
important part of our effort.
To some, it will not meet with their full approval. But I think we
took a giant step forward. I am for this bill, for the troops, for the
families.
I might say, in addition to the pay raises, the pay raise, the pay
tables, pension reform, we have done superb work for the barracks,
family housing. I think it deserves great, great support.
Regarding the Department of Energy effort, I think it is good. Could
it be better? Sure. But legislation is a matter of compromise. So I
support the bill and all of its portions. I hope this rule will be
adopted overwhelmingly because this is a major step in the national
security of our country.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, let me state at the outset that it is my intention to
support this conference report. The National Defense Authorization Act
for Fiscal Year 2000 contains a number of provisions that are critical
to the maintenance of our national defense forces. Most important among
them is a 4.8 percent basic military pay raise and additional pay
raises targeted to mid-grade officers and NCOs to improve retention and
hopefully stem the loss of some of the best and brightest and most
valuable members of our armed services.
The quality-of-life issues addressed in this package are, in a word,
essential to the men and women who serve in uniform and to their
families. As Members of this body point out repeatedly, it is
unconscionable that service men and women should be paid at rates so
low that they depend upon food stamps to feed their families, or the
military housing is oft times decrepit or substandard.
This bill may not resolve all of those issues, but at least it puts
us on the road to fixing a problem that cannot and should not be
tolerated.
This conference report is not without controversy, however. The
ranking member of the Committee on Commerce has raised some serious
concerns about the provisions in the conference report, which establish
a new National Nuclear Security Administration to manage DOE's weapons
programs.
The gentleman from Michigan (Mr. Dingell) is especially concerned
that this provision was added in conference over the objections of the
Committee on Commerce and Committee on Science who have jurisdiction
over this matter; and he has indicated that it is his intention to
offer a motion to recommit to strike language from the conference
report.
{time} 1030
Members should listen very carefully to his arguments against these
provisions which are opposed by the Secretary of Energy, the National
Governors Association, and the National Association of Attorneys
General. The gentleman from Michigan (Mr. Dingell) will also voice
strong objections to the process by which these provisions were
included in this conference report. His views deserve the attention of
the House, and I urge Members to pay close attention. There will, of
course, be Members who will oppose his motion to recommit because they
do not want to put any barriers in the path of the passage of this very
good bill. His objections do not, however, lie against the remainder of
the bill, and those provisions deserve the strong support of the House.
This conference report authorizes $8.5 billion for military
construction and military family housing programs. It authorizes full
funding for a proposed program to construct or renovate over 6,200
units of military family housing, and the construction or renovation of
43 barracks, dormitories and BEQs for the single enlisted. The
conference report also increases authorization amounts for procurement
accounts to provide for a total of $55.7 billion as well as for
research and development to provide for a total of $36.3 billion.
This increased funding will provide $171.7 million for further
development of the B-2 fleet, $252.6 million to procure F-16C aircraft
and $319.9 million for F-16 modifications. In addition, the conference
report commits to funding an acquisition of the critical next-
generation air dominance fighter. It authorizes $1.2 billion for
research and development on the F-22 Raptor, $1.6 billion for six low-
rate initial production aircraft, and $277.1 million for advanced
procurement for 10 LRIP aircraft in fiscal year 2001. The conferees are
to be congratulated for their support for this critical program.
I am also pleased that the conferees have included $990.4 million for
procurement of 12 V-22s and $182.9 million for V-22 research and
development and $25 million to accelerate development of the CV-22
special operations variant. Mr. Speaker, this is a very good conference
report. The conferees have brought us a bill which enhances quality of
life for our men and women in uniform, a bill which protects core
readiness and a bill which wisely and aggressively addresses the need
to replace aging equipment and to find ways to keep our weapons systems
second to none in the world. I commend this conference report to my
colleagues.
Mr. Speaker, I reserve the balance of my time.
[[Page
H8297]]
Mrs. MYRICK. Mr. Speaker, I yield such time as he may consume to the
gentleman from Florida (Mr. Goss).
(Mr. GOSS asked and was given permission to revise and extend his
remarks.)
Mr. GOSS. Mr. Speaker, I thank the distinguished gentlewoman from
North Carolina for her leadership on this and my gratitude for yielding
me the time. I am pleased to support this very appropriate rule for
consideration of
S. 1059, the fiscal year 2000 DOD authorization
conference report, a major piece of legislation for this Congress. I
particularly want to commend the gentleman from South Carolina (Mr.
Spence) and the gentleman from Missouri (Mr. Skelton) for their
diligent, bipartisan, very thorough work to make sure that we
significantly improve the support given to our men and women in
uniform.
They are the ones doing the hard work. They are the ones in harm's
way. They are the ones taking the risk. That deserves to be supported
to the fullest extent possible. I am grateful for the continued close
working relationship that these gentlemen have had with the Permanent
Select Committee on Intelligence in ensuring that our fighting forces
have access to the best, the most timely, and the most accurate
intelligence that we can get. Eyes, ears, brains are actually very
crucial to our national security.
This legislation reflects our commitment to those capabilities. Force
protection, force enhancement, force projection: these are the results,
these are the needs, and these are what we are getting. Americans most
recently have watched our troops in action in Kosovo. You might have
the impression from what I would call photo-op TV that Kosovo is some
kind of a big win. Unfortunately, the view emerging from the ground in
Kosovo is not quite so rosy.
Further, the administration is pursuing policies that could
ultimately endanger the chances for a long-term peace and stability in
that region in my view and the view of others. Official U.S. policy
toward Kosovo is in fact built upon three very uncertain principles:
one, Kosovo should remain an ethnically diverse province; two, Kosovo
should not become independent; and, three, the Kosovo Liberation Army,
the KLA, should give up its arms and disband. These principles face
serious challenges in the field, on the ground.
U.S. policy refuses to recognize even the possibility that the
Kosovars will eventually vote to declare independence from Yugoslavia.
That is a possibility that should not be discounted. Similarly, the
administration is naively assuming that the KLA will simply roll over
and disband. In my view, the U.S. has no end game strategy. For the
sake of the Americans and our allies on the ground in Kosovo, I urge
the administration to rethink our situation there and base decisions on
fact, not on wishful thinking.
Mr. Speaker, as a member of the Cox Committee, I am satisfied with
the provision in this legislation establishing a semiautonomous agency
to run the weapons program at the Department of Energy under the
Secretary's leadership. Critics have suggested that this change could
cause the sky to fall with respect to public health, safety, and
environmental matters. To the contrary, I say.
The Cox Report demonstrates that the sky has already fallen and our
national security has been placed at great risk as a result. Given the
deeply troubling circumstances surrounding reports of espionage at our
national labs, I believe it is very proper for Congress to move
expeditiously in enacting new safeguards.
Mr. Speaker, I am very pleased that the conference report also
includes a provision based on an amendment I offered with the gentleman
from New York (Mr. Gilman) requiring an end to the permanent presence
of U.S. troops in Haiti. As our defense leaders have made clear, the
Clinton administration's insistence on maintaining a permanent troop
presence in Haiti has strained an already overburdened military, has
unnecessarily put our troops at risk there, and has focused on
humanitarian projects more appropriately undertaken by nongovernmental
organizations who are ready, willing and able to do the job.
In the face of our efforts to force a withdrawal by year's end, the
Clinton administration has finally announced an end to the permanent
presence of U.S. troops in Haiti, to be replaced with periodic
deployments as needed, as is customary everywhere else in the Western
Hemisphere. This action does not, I repeat, does not signal an end to
U.S. military involvement or to U.S. support for the democratic process
in Haiti but, rather, it is a more realistic policy to provide the help
Haiti so desperately needs as our neighbor in the Caribbean.
Lastly, Mr. Speaker, Members should note that this legislation
contains a significant increase in counterdrug funding for DOD. Once
again, Congress has taken the lead to win the war on drugs, filling the
vacuum left by a just-say-maybe message from the Clinton
administration. And we are getting results, if you read the papers.
This is a good bill. I urge its passage. I commend those involved.
Mr. FROST. Mr. Speaker, I yield 5 minutes to the gentleman from
Virginia (Mr. Sisisky).
Mr. SISISKY. I thank the gentleman from Texas for yielding me this
time.
Mr. Speaker, I rise in strong support of
S. 1059, the National
Defense Authorization Act for fiscal year 2000 and, of course, the
rule. I would like to take a few minutes to tell our colleagues why.
First, I am pleased to report that in my opinion members were treated
equitably. Members on our side of the aisle were given the same
consideration as members on the other side. That is not to say
everybody got everything they wanted. They did not. Neither did I.
Second, this conference report builds on the President's proposal to
increase defense spending by $112 billion over the next 6 years. To
redress shortcomings in recruiting and retention, this bill provides a
4.8 percent pay raise, pay table reforms for middle grade personnel and
retirement reform in what may be the best compensation package for our
military since the 1980s. The bill also addresses the budget shortfalls
that have dogged the weapons research and development and procurement
programs of the Department of Defense. In fact, by providing $4.6
billion in increases for weapons, related research and development and
procurement, I believe we may have turned the corner and begun the
long, steady recovery that is both needed and overdue. Particularly
noteworthy is the emphasis on precision stand-off weapons that reduce
risks to our troops and, at the same time, risks to innocent civilian
populations.
Third, I am particularly pleased that we have rejected the status quo
and begun the long and difficult task of management and accountability
reforms for the national security functions of the Department of
Energy. In my opinion, there is no disagreement as to whether such
reforms are needed, and to delay starting the reform process while
waiting on unanimity or drafting perfection would in my opinion be
irresponsible. Admittedly, the provisions proposed in this conference
report are not perfect, nor does everyone agree. But, on balance, they
are a good first start on what will prove to be a long and difficult
process in the years ahead.
More importantly, there is nothing in this bill that would amend
existing environmental, safety and health laws or regulations, nor is
there any intent to limit the States' established regulatory roles
pertaining to the Department of Energy operations and ongoing cleanup
activities. Thus, I do not believe the DOE reform provisions are
antienvironmental nor do I believe they should be used as the basis for
rejecting this conference report.
Finally, our naval forces have shrunk from nearly 600 ships in 1987
to 324 ships today. At the same time, the number of missions for these
ships have increased threefold. Worse, the administration's budget
would lead to a 200 ship Navy, well below the force level of 300 ships
called for by the Nation's military strategy. This bill allows the Navy
to dedicate more of its scarce shipbuilding dollars to the construction
of needed warships by providing significantly more cost-effective
acquisitions through the following measures:
The early construction of an amphibious ship for the Marines at a
great price; procurement for the final large, medium speed roll-on/
roll-off ship,
[[Page
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LMSR, before the line closes; cost-saving expanded multiyear
procurement authority for the DDG-51 destroyer program; long-term lease
authority for the services of new construction, noncombatant ships for
the Navy; and expanded authority for the National Defense Features
program to allow DOD to pay reduced life-cycle costs of defense
features built into commercial ships up-front.
Mr. Speaker, we all know that bills are compromises, and that good
bills make good promise compromises.
S. 1059 is such a bill. It is a
balanced bill with good compromises. In the strongest terms, I urge the
adoption of the conference report.
Mrs. MYRICK. Mr. Speaker, I yield 3 minutes to the gentleman from
North Carolina (Mr. Hayes).
Mr. HAYES. Mr. Speaker, I thank the gentlewoman from North Carolina
for yielding me the time and I thank the gentleman from Virginia for
pointing out a number of the important issues and details that are what
this bill and conference report are about.
I rise in very, very strong support of our rule, of our military, and
of this bill. The gentleman from Virginia and I just returned from a
trip where we went to, among other places, North Korea. If our citizens
in the Eighth District, home of Fort Bragg, would look at a city whose
tallest buildings have missiles on top of them, where our Air Force
base has patriot missile batteries on the ready 24 hours a day, where
14,000 pieces of artillery are trained on the South, 80 percent of
which are aimed at Seoul only 40 kilometers away from the demilitarized
zone, if they could see in the eyes of the young men and women who are
standing face to face with the North Koreans every day as a deterrent
to terrorism and rogue nations, there would be no question in their
mind as to our continued and increased support for the military.
Kosovo and Bosnia have brought to our attention the need to correct
imbalances and deprivations that the military has suffered because of
budget shortfalls in recent years. This authorization is more than $8
billion over the administration's request, and an additional $18
billion over a greatly reduced budget for defense in 1999. The
gentleman from Missouri (Mr. Skelton) and members of both parties have
worked diligently, courageously and with much forethought to rebuild
our military. That is what this rule is about. We have a volunteer
force. We should maintain a voluntary and not a draft force. In order
to do that, we must do things that are included in this bill,
increasing pay, improving health care benefits, restoring REDUX, doing
things that we owe to our military to correct years of neglect.
{time} 1045
This bill beefs up and strengthens areas that have been eroded over a
number of years. It addresses major issues that the gentleman from
Virginia (Mr. Sisisky) has mentioned, but it also deals with such
basics as ammunition and spare parts. So this is a broad-based, common-
sense, very necessary piece of support for our men and women in
uniform. In order for them to maintain the superiority, the commitment
and to provide the protection for a world that is very, very dangerous,
we should support them by unanimously passing this rule and this bill.
They protect us; we need to support them.
Mr. FROST. Mr. Speaker, I yield 5 minutes to the gentleman from
Michigan (Mr. Dingell).
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Mr. Speaker, this is a rule which sanctifies bad
behavior. There was no real conference held on this legislation.
Members of the conference who were entitled to be present to
participate were not invited and were informed when they showed up that
there was no conference to be held, the matter had been disposed of,
and that we could simply go our way.
Now let us look at what the rule does. The rule waives points of
order on two things: One, germaneness and the other, scope of the
conference. In each instance the conferees, without holding a meeting,
contrived to concede the House rules on both points, so now they need a
waiver. Why do they need a waiver? They need a waiver because they
wrote something which is not germane, which was never considered in
either body and which exceeds the scope of the conference.
Now I want to express respect for my friend, the gentleman from
Missouri (Mr. Skelton) who is a very decent and honorable Member of
this body, but I want to say that what has been done here is, first of
all, an outrage, and it is a gross abuse of the powers of the committee
and a gross disregard to the rights both of other committees and of
this body to know what is going on and to have an input into a matter
of important concern.
Now let us talk about the substance. This proposal in its title 32
recreates essentially the Atomic Energy Commission, one of the most
secretive, one of the most sneaky, and one of the most dishonest
agencies in government. They lied to everybody, including themselves,
and the Congress of the United States, the Executive Branch. They
suppressed tracks, and they have created in every area over which they
had jurisdiction a cesspool, environmentally and otherwise. The areas
which they had jurisdiction over drip hazardous waste and are
contaminated beyond belief. Mixed wastes, high-level and low-level
nuclear wastes contaminate these areas because of the fact that they
diligently suppressed all facts with regard to what they were doing and
how they were doing it, and I will be glad to discuss in greater detail
because I do not have time now the behavior of that agency.
We are now setting up an entity which will be totally exempt from the
supervision of the Secretary and which will be totally exempt from the
supervision of this body. What they are going to do is to create a
situation where now they can lie in the dark, as they did before in the
days of the Atomic Energy Commission, and efforts to control this
agency will be brought to naught by the absolute power that is being
invested in them to suppress the facts to everyone.
Now who is opposed to this? First of all, every environmental agency
and every environmental organization; second of all, the
administration; third of all, the National Governors' Association; and
fourth of all, the Organization of Attorneys General, 46 of whom sent
us a letter denouncing what is being done here with regard to State,
Federal environmental laws and the splendid opportunity for severe and
serious misbehavior by this new entity.
If my colleagues want to vote for the good things in the bill; and
there are many good things, I supported this bill: pay raises and other
things which would benefit us in terms not only of our concern for our
military personnel, but also our concern for seeing to it that our
defense needs are met; vote for the motion to recommit because the only
thing it does is to strike title 32. The rest that it keeps are the
good things that are in this legislation.
So I offer my colleagues a chance to undo what was done in a high-
handed arrogance by the committee and in a rather curious and
remarkable and unjustifiable rule, one which is going to deny everybody
in this country an opportunity to know what is going on inside that
agency.
Now if we are talking about security, let me just tell my colleagues
that the security of the AEC stunk. I was over in a place called
Arzamas-16, the place where the Russians made their nuclear and
thermonuclear weapons. I saw there a bomb that looked exactly like the
bomb the United States dropped on Hiroshima. I told the guy: That looks
familiar. They said it is an exact copy of the bomb that was dropped in
Hiroshima. So when they tell us that the recreation of the secrecy and
the inbrededness of the AEC and the secretiveness that this legislation
will authorize is going to assure the national security, do not believe
them. History is against it, and I would just ask my colleagues to
understand the secrecy that they are talking about is not against the
Russians or against anybody else. It is secrecy which they intend to
use to prevent my colleagues, and I, and the Members of Congress, the
Members of the Senate from knowing what is going on down there. If my
colleagues want to see to it that we continue our efforts to protect
the security of the United States, to see to it that things are done
which need be done in terms of protecting the security interests of the
United States, they can vote for my amendment and
[[Page
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should, but if they want to protect the environment, then they you must
vote for my amendment.
Mrs. MYRICK. Mr. Speaker, I yield 8 minutes to the gentleman from
Texas (Mr. Thornberry), my colleague.
(Mr. THORNBERRY asked and was given permission to revise and extend
his remarks.)
Mr. THORNBERRY. Mr. Speaker, I share the respect that all Members of
this House have for the dean of the House, and I always appreciate his
willingness to stand up for what he believes in, as we recently saw
when he led efforts to oppose gun control despite the sentiments of
most of his party. As much as anyone in this body, the gentleman from
Michigan is responsible over the years for the management structure of
the Department of Energy, and he does not want to see that changed, and
I think we can all understand someone coming from that position. But
study after study, report after report, have reached a different
conclusion. As a matter of fact, I know of at least 20 studies, reports
and in-house reviews in the Department of Energy that have all found
that the Department of Energy management structure is a mess and hurts
our security, safety, and national security.
I point to the President's own study which came out just this summer
conducted by his foreign intelligence advisory board, and they
concluded, quote, DOE's performance throughout its history should be
regarded as intolerable, and they also found, quote, the Department of
Energy is a dysfunctional bureaucracy that has proven incapable of
reforming itself, end quote. Now what they went on to say is we can do
one of two things. One is that we can take all the nuclear weapons
program completely out of the Department of Energy and set up a whole
new agency, or we can create a semi-autonomous agency inside DOE with a
clear chain of command and hope to solve some of these problems. This
conference report takes the President's own commission's
recommendations and implements them down to the letter.
Now what that does is it gives the nuclear weapons agency two things
that it has never had under DOE. One, it has a clear focus on its
mission so that the same people who worry about refrigerator coolant
standards and solar power and electricity deregulation day to day are
not going to be interfering in the nuclear weapons work.
Secondly, it provides accountability so that we have for the first
time a clear chain of command so that when an order is given it is
followed; and if somebody messes up, they are held responsible and we
can get rid of them. And that is one of the most important safeguards
we can have to protecting the environment, to having a clear line of
accountability and safeguards.
The gentleman from Michigan says, oh, this just goes back to the old
Atomic Energy Commission. I would say that no more will we ever go back
to some of the problems of the past any more than we are going to go
back to pouring motor oil out on the ground or we are going to go back
to allowing cars to create all the smog that they can create. We are
not going to, and I personally, Mr. Speaker, am offended by the
suggestion that the people who work at the Pantex plant in my district,
who live in the area, whose children go to school in that area, are
going to be so careless in disregarding the safety of the drinking
water and the other things in that area that they are just going to
pollute willy nilly.
Now I think there are some important points to be made on the
environment. Number one, this bill says that every single standard,
environmental standard, that applies before the bill applies after the
bill; it does not change.
Secondly, this bill says that the Secretary of Energy can set up
whatever oversight he wants by whoever he wants, and they can look at
every single thing that goes on throughout the weapons complex, and
they can make whatever policy recommendations they want to make, and
the Secretary of Energy can order anything to happen dealing with the
environment or any other subject. The only change is that these
oversight people, unless they are within the new agency, cannot order
things to be changed, they cannot implement the directions. Policy can
be set by anybody that the Secretary wants, but the implementation goes
down the clear chain of command.
Some of the concerns that have been raised to this bill have been by
some attorneys general who are worried about some new court challenge
on matters that have been already established under court rulings. Let
me make it clear, this bill does not change any of the waivers of
sovereign immunity that the attorneys general have been concerned
about; and there is a letter that will be made part of the Record later
in which the chairman of our committee and the chairman of the Senate
committee clearly say we are not changing one single environmental
standard. And I would also put as part of the Record at that time a
letter from the attorney general of Texas who once he had a chance to
look at the actual legislation and what the real intent is says he no
longer has any concerns or objections, and I would suggest that if my
colleagues have a chance to talk to all the attorneys general and tell
them what is really going on, that any of those concerns certainly melt
away.
Mr. Speaker, I just make two final points. Number one is that we have
all been embarrassed and dismayed and shocked at the security headlines
which we have seen across the papers this year. For us to walk away and
say we cannot do anything about it, it is too complicated, we are just
going to let DOE roll along its merry way, is an abdication of our
responsibility to fix one of the greatest national security problems
with which we have been confronted.
The second point I would like to make is this: The gentleman from
Michigan's motion to recommit is not like an ordinary bill. It is a
conference report. The only effect of the motion is to require us to
open the conference back up. That means everything in the conference
from the pay raise to the retirement reform to the V-22 to whatever my
colleagues care about in this bill is jeopardized because we have got
to open everything back up, go back into negotiations with the Senate,
and all of the wonderful strides to improve our national security are
threatened by the motion to recommit.
So I would suggest that it is our responsibility to fix DOE, it is
our responsibility to make sure this bill goes forward unimpeded and to
vote against the motion when it is offered.
Office of the Attorney General,
State of Texas, September 15, 1999.
Hon. Floyd D. Spence, Chairman,
House Armed Services Committee,
Congress of the United States, Washington, DC.
Hon. John Warner, Chairman,
Senate Armed Services Committee,
Congress of the United States, Washington, DC.
Dear Congressman Spence and Senator Warner: I have received
a copy of your September 14, 1999 letter to Michael O.
Leavitt and Christine O. Gregoire addressing concerns
regarding the impact of Title XXXII of
S. 1059, the
conference report for the National Defense Authorization Act
(NDAA) for Fiscal year 2000, on the safe operation and
cleanup of Department of Energy (DOE) nuclear weapons sites.
Your letter addresses my two principal concerns with Title
XXXII of
S. 1059:
That this legislation not supercede, diminish or set aside
existing waivers of federal sovereign immunity; and that it
be clear that under Title XXXII the National Nuclear Security
Administration (NNSA) will comply with the same environmental
laws and regulations to the same extent as before the
reorganization.
After reading your letter, I am satisfied that this
legislation was neither intended to affect existing waivers
of federal sovereign immunity nor to exempt in any way the
NNSA from the same environmental laws and regulations as
applied before reorganization.
I also have been advised that your letter will be made part
of the legislative history of Title XXXII of
S. 1059 by being
submitted during the conference debate on this legislation,
thus being made part of the Congressional Record. As such,
this letter will provide confirmation that this legislation
leaves unaltered existing waivers of federal sovereign
immunity as well as existing environmental laws and
regulations.
Given the explanations made in your September 14, 1999,
letter as well as the submission of your letter as part of
the Congressional Record to be included in the legislative
history of this statute, I have no continuing objection to
this legislation. I appreciate your efforts to make the
intent of Title XXXII of
S. 1059 clear. Please do not
hesitate to contact me if you have any further questions.
Sincerely,
John Cornyn,
Attorney General of Texas.
Mr. FROST. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from California (Ms. Sanchez).
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Ms. SANCHEZ. Mr. Speaker, as a Member of the House Committee on Armed
Services, I rise in strong support of the national defense
authorization conference report, and I would like to thank the
gentleman from South Carolina (Mr. Spence) and the gentleman from
Missouri (Mr. Skelton) and of course the staff of the committee for all
the hard work that they put into this conference report. The report
addresses the quality of life, the readiness and the modernization
shortfalls that the men and the women in our Armed Forces are currently
facing. The report also addresses the important issue of domestic
violence in the military.
Mr. Speaker, as we all know, one occurrence of domestic violence is
one too many, and unfortunately reports show that in 1994 in every
1,000 marriages 14 spouses were the victims of spouse abuse, and I am
pleased that the conferees from both Chambers worked in a bipartisan
manner to address this important issue. The language in the conference
report gives the services the opportunity to take on the crime of
domestic violence and to protect victims of domestic violence as they
never have before. It gives the Department of Defense and the services
the opportunity to develop relationships with non-military victims'
community and to draw on the expertise of local domestic violence
organizations to aid in designing their own programs.
Mr. Speaker, I encourage my colleagues to vote yes on the conference
report.
{time} 1100
Mrs. MYRICK. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Hunter).
Mr. HUNTER. Mr. Speaker, I thank the gentlewoman from North Carolina
(Mrs. Myrick) for yielding me this time.
Mr. Speaker, I think every Member should be proud to vote for this
conference report. I think this report is a great manifestation of our
ability to work in a bipartisan manner and do something that is
important for the country, and I want to thank the gentleman from
Missouri (Mr. Skelton) and the gentleman from Virginia (Mr. Sisisky),
my counterpart on the Subcommittee on Military Procurement, and all the
Members, Democrat and Republican, who worked on this particular piece
of legislation, because today we live in a very dangerous world. That
is extremely clear now.
China is trying to step into the superpower shoes that have been left
by the Soviet Union. Terrorism is becoming more deadly, more
technologically capable, and we are seeing new challenges around the
world; and against that backdrop we have cut defense dramatically.
The defense force structure that we have today is just about half of
what it was in 1992. We have gone from 18 Army divisions to 10; 24
active fighter air wings to 13; and as the gentleman from Virginia (Mr.
Sisisky) said, almost 600 ships down to 324 and dropping.
Unfortunately, the half that we have left is not as ready as the full
force that we had in 1992. We have a $193 million shortage in basic
ammo for the Marines; a $3.5 billion shortage in ammo for the Army. Our
mission-capable rates have gone down almost 10 percent across the board
in the services; that is the ability of an aircraft to take off from a
carrier or from a runway, run its mission and come back and land
safely. That is now down to an average of about 70 percent. That means
about 30 of every 100 planes in our services cannot take off a runway
and do their mission because of a lack of spare parts, a lack of
maintenance, or just having a real old aircraft that has not been
replaced.
In fact, we did have 55 crashes, peacetime crashes, last year with
the military, resulting in over 50 deaths of our people in uniform. So
we are flying old equipment, and we are having to take very valuable
resources, these spare parts, the few spares and repair parts that we
have, and our trained personnel who can still fix aircraft and other
equipment and move them to the front lines when we run an operation
like Kosovo.
So against that backdrop, we have put an additional $2.7 billion into
the modernization accounts, and we put extra money in the pay raise. We
have a 4.8 percent pay raise. We put money in readiness. Across the
board, we have spent what I consider to be the bare minimum; but in
this case, Mr. Speaker, the bare minimum is absolutely necessary. It
would be a tragedy to defeat this bill for some reason, for some turf
fight or some other reason that has nothing to do with national
security.
Let me just say with respect to the DOE section of this bill and the
reform that we did, let me just remind my colleagues about the tragedy
that occurred a couple of years ago. After we had identified an
individual who was identified as a spy in our nuclear weapons
laboratory, and the head of the FBI, Mr. Freeh, had gone to the
Assistant Secretary of Energy and a couple of weeks later to the
Secretary of Energy and said, get this guy away from classified areas,
take away his access to our nuclear secrets, 14 months later somebody
turned around and said, is that spy still next to the nuclear weapons
vault? And somebody went over and checked and, yes, he was.
We tried to figure out why he hadn't been fired, and there was such a
mess and such a confusion that nobody was sure. Everybody thought the
other guy was going to get the spy away from our nuclear secrets.
Presumably he was upgrading for 14 months, over a year, the nuclear
secrets that he had moved out earlier and nobody was there to stop him.
That was the confusion that we saw. That is the confusion that we
fix. Let us pass this conference report.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I take this opportunity not to comment on this
legislation but to comment on the Republican leadership's unwillingness
to recognize reality in the scheduling of the House of Representatives.
As people may be aware, there is a hurricane headed toward this area,
and yet the Republican leadership refuses to adjourn the House at the
end of proceedings today, thereby forcing Members to attend a hurricane
party here in Washington, D.C. in the capitol tomorrow.
It is very likely that the Washington, D.C. airports will be closed
tomorrow if the hurricane does, in fact, continue on its path, thereby
preventing Members from the southeast who may want to be with their
constituents at the time of this national emergency from doing so, and
preventing Members from other parts of the country who may actually
want to be able to go home this weekend and spend time with their
constituents from doing so.
I find it extraordinarily shortsighted on the part of the Republican
leadership to recognize that there is a hurricane headed straight
toward Washington, D.C. The House should be adjourned at the end of
today so that Members will not be trapped in Washington and be unable
to be with their constituents in the next 5 days.
Mr. Speaker, I reserve the balance of my time.
Mrs. MYRICK. Mr. Speaker, back to the debate, I yield such time as he
may consume to the gentleman from California (Mr. Dreier), my
distinguished chairman of the Committee on Rules.
(Mr. DREIER asked and was given permission to revise and extend his
remarks.)
Mr. DREIER. Mr. Speaker, I thank my friend, the gentlewoman from
North Carolina (Mrs. Myrick) for yielding and congratulate her on her
superb management of this rule.
Mr. Speaker, I have to respond to my friend from Dallas by saying
that we obviously want to do everything that we can to ensure that
people are able to get out of town in time, and I will say that we do
not want to have to have a hurricane party here. I do not know that the
hurricane is headed right towards Washington, D.C. We certainly hope
that we do not see any loss of life and that it is, in fact, lessened.
But I am struck with the fact that my colleagues really go for
everything they possibly can to attack the Republican leadership. We
enjoy the fact that they are scraping for something more to criticize
us on.
Let me say that I believe that this is a very important conference
report. We are trying to get the people's work done here, and I am
hoping very much that we will be able to have strong bipartisan support
of not only the rule but the conference report itself.
[[Page
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It was 10 years ago this coming November 13 that the world celebrated
the crumbling of the Berlin Wall, and many people argued at that point
that we would be witnessing the end of history; that the demise of the
Soviet Union and Communism, which took place in the following 3 years,
was something that was going to change the world, and clearly it has.
I think that the leadership that Ronald Reagan and President George
Bush have shown and, frankly, in a bipartisan way that we have provided
for our Nation's defense capability, brought about that change; but as
we mark, in the coming weeks, the 10th anniversary of the crumbling of
the Berlin Wall, it is very important for us to note that there has
been a dramatic change in the national security threat that exists in
this country and for the free world.
It seems to me that we need to realize that over that period of time
we have dealt with a wide range of challenges that exist throughout the
world, and I am struck with a figure that I mentioned here several
times before, the fact that during this administration we have deployed
265,000 troops to 139 countries around the world and that has taken
place at a time when we have actually diminished our level of
expenditures.
Since 1987, we have seen a reduction of 800,000 of our military
personnel. We have consistently pursued this goal of trying to do more
with less, and that is wrong. That is why when we, as Republicans at
the beginning of the 106th Congress, set forth our four top priorities
of making sure that we improve public education, which I am proud to
say that we have done; provide tax relief for working families, which
in just a couple of hours we are going to be enrolling the bill and
sending it to the President, and I hope very much he does not veto that
bill as he said he would on Friday; and saving Social Security and
Medicare. Those are other priorities.
We also included, as a top priority, because of this changing threat,
rebuilding our Nation's defense capability. I am happy that we have
passed and that the President, reluctantly, but the President finally
did sign the national ballistic missile defense bill. I am very happy
that we were able to see the President come on board in some of our
attempts to deal with these national security issues, and I hope that
he will be able to sign this conference report when it gets to him.
It is clearly the right thing to do. We are going to be facing more
challenges, but we have to make sure that the one issue which only the
Federal Government can deal with, virtually every one of the other
issues that we deal with can be handled by State and local governments,
but our national security is the one issue that we are charged to
dealing with. It is in the preamble of the U.S. Constitution, and it
seems to me that we need to step up to the plate. That is why support
of this conference report is very important.
I urge my colleagues to do it in a bipartisan way.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would only point out to my friend, the gentleman from
California (Mr. Dreier), that I am not trying to be overly critical of
the Republican leadership.
Mr. DREIER. That would be a first, I have to say.
Mr. FROST. I am just appalled by the fact that they seem to have
taken the position of, what hurricane? I mean, everybody in the country
knows that the hurricane is heading up the East Coast, and by refusing
to adjourn the House at the end of business today they are forcing the
staff to try and get into work tomorrow. They are trapping Members in
the Nation's capital who want to be home with their constituents. This
is an extraordinary development.
Mr. DREIER. Mr. Speaker, if the gentleman will yield just for a
moment, I would just like to thank him for his input and tell him that
the recommendation that he has made will certainly be taken into
consideration.
Mr. FROST. I have not yielded. I am sorry. I have not yielded.
The Republican leadership seems to be the only ones in the country
that do not recognize the fact that a hurricane is moving up the East
Coast, and that it is projected that it is going to come very close to
Washington, D.C. tomorrow, and that we may have 5 inches of rain here
tomorrow. I do not understand.
All I want them to do is to turn on their television sets and to
listen to the news and to deal with reality so that Members can be
treated in a fair way and so that the staff can be treated in a fair
way. It is unrealistic and unfair to say we are going to be here
tomorrow and everybody come on in, no matter what is happening.
They ought to face reality. They ought to adjourn the House at the
end of today so that Members and staff will not be forced through the
hardship of dealing with the hurricane in Washington, D.C. tomorrow.
Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore (Mr. Ewing). The gentleman from Texas (Mr.
Frost) has 11 minutes remaining. The gentlewoman from North Carolina
(Mrs. Myrick) has 1 minute remaining.
Mrs. MYRICK. Mr. Speaker, I would like to inquire of the gentleman
from Texas (Mr. Frost) if he has any further speakers?
Mr. FROST. Mr. Speaker, I reserve the right to close for our side. We
do not have any other speakers at this point.
Mrs. MYRICK. Mr. Speaker, if it is all right, the gentleman should go
ahead and close because I have no more speakers either.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is a very good piece of legislation. This is
legislation supported by a Democratic President, a Democratic
administration, supported by the vast majority of Democrats in the
House of Representatives. We all are pleased to stand for a strong
national defense, to stand for efforts to help our troops, to increase
morale, to make sure that we retain soldiers that we need and that we
are able to recruit soldiers that our forces need for the future.
This is a good conference report. As a Democrat, I am pleased to
support it, and I urge all of my colleagues to vote yes on final
passage on this very important piece of legislation.
Mr. Speaker, I yield back the balance of my time.
Mrs. MYRICK. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Mr. SPENCE. Mr. Speaker, pursuant to House Resolution 288, I call up
the conference report on the Senate bill (
S. 1059) to authorize
appropriations for fiscal year 2000 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes.
{time} 1115
The SPEAKER pro tempore (Mr. Ewing). Pursuant to the rule, the
conference report is considered as having been read.
(For conference report and statement, see proceedings of the House of
August 5, 1999, at page
H7469.)
The SPEAKER pro tempore. The gentleman from South Carolina (Mr.
Spence) and the gentleman from Missouri (Mr. Skelton) each will control
30 minutes.
Parliamentary Inquiry
Mr. DINGELL. Mr. Speaker, with all respect for the chairman of the
committee and all respect for my good friend, the gentleman from
Missouri (Mr. Skelton), I have been advised that the gentleman from
Missouri supports the bill. I therefore ask, Mr. Speaker, is the
gentleman from Missouri opposed to the bill, and therefore, is he
entitled to time in opposition to the legislation?
The SPEAKER pro tempore. Is the gentleman from Missouri (Mr. Skelton)
in favor of the conference report?
Mr. SKELTON. Mr. Speaker, I absolutely support the bill.
The SPEAKER pro tempore. The gentleman from Missouri supports the
conference report.
Pursuant to clause 8(d)(2) of rule XXII, time will be controlled
three ways. The gentleman from South Carolina (Mr. Spence) will control
20 minutes; the gentleman from Missouri (Mr.
[[Page
H8302]]
Skelton) will control 20 minutes; and the gentleman from Michigan (Mr.
Dingell) will control 20 minutes.
(Mr. SPENCE asked and was given permission to revise and extend his
remarks.)
Mr. SPENCE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the fiscal year 2000 defense authorization bill was
reported out of the Committee on Armed Services back in May on a vote
of 55-to-1, and it passed the House in June on a vote of 365-to-58. The
conference report before us today enjoys equally strong bipartisan
support, as all 36 Republican and Democrat committee conferees have
signed the conference report. This is only the second time this has
happened since 1981. It is truly a bipartisan report.
Mr. Speaker, the funding authorized in this bill is consistent with
the increased spending levels set by the Congress in the budget
resolution. As a result of this increased spending and a careful
reprioritization of the President's budget request, we have provided
the military services some of the tools necessary to better recruit and
retain qualified personnel and to better train and equip them.
It is in this context that the conferees went to work, targeting
additional funding for a variety of sorely needed quality of life,
readiness, and equipment initiatives. However, despite the conferees'
best efforts, we are not eliminating shortfalls, we are simply
struggling to manage them. Absent a long-term, sustained commitment to
revitalizing America's armed forces, we will continue to run the
inevitable risks that come from asking our troops to do more with less.
This conference report also contains the most important and
significant Department of Energy reorganization proposal since the
agency's creation more than two decades ago.
Earlier this year, the bipartisan Cox-Dicks Committee released its
report on the national security implications of our United States
technology transfers to the People's Republic of China. The Cox
Committee identified lax security at DOE nuclear laboratories as a
critical national security problem, and unanimously concluded that
China had obtained classified information on ``every currently deployed
thermonuclear warhead in the United States ballistic missile arsenal.''
Following the Cox Committee report, President Clinton's own Foreign
Intelligence Advisory Board chaired by former Senator Rudman, issued
its report highly critical of DOE's failure to protect the Nation's
nuclear secrets. The report of the President's Advisory Board concluded
that DOD is, ``a dysfunctional bureaucracy that has proven it is
incapable of reforming itself.''
The conference report would implement the recommendation of the
President's Foreign Intelligence Advisory Board to create a semi-
autonomous agency within DOE and vest it with responsibility for
nuclear weapons research and protection. The reorganization will go a
long way towards streamlining DOE's excessive bureaucracy and improving
accountability, all in an effort to ensure that our Nation's most vital
nuclear secrets are better managed and secured.
Mr. Speaker, some question has been raised in some quarters on the
possible impact that the reorganization provisions could have on DOE's
environmental programs and in particular, on the status of existing
waivers of solving immunity agreements between the Federal Government
and individual States. In a few minutes I plan to engage in a colloquy
with the gentleman from Missouri (Mr. Skelton) to clarify this point
for the legislative record.
Mr. Speaker, I would like to insert into the Record following my
statement a letter that Senator Warner and I have jointly written to
the National Governors Association and the National Association of
Attorneys General that address these questions in more detail.
The bottom line is that this conference report does not impact or
change current environmental law or regulation, and it does not impact
or change existing waivers of sovereign immunity agreements. For the
sake of time I will not repeat that statement, but it is true to the
letter.
Mr. Speaker, this conference report is before the House today only as
a result of the efforts of all conferees. In particular, I want to
recognize the critical roles played by the Committee on Armed Services
subcommittee and panel chairmen and ranking members. Their efforts,
along with those of the gentleman from Missouri (Mr. Skelton) made my
job easier, and their dedication to getting the job done is clearly
evident in this conference report.
Mr. Speaker, this is an important piece of legislation, and I urge
all of my colleagues to support the conference report.
Washington, DC,
September 14, 1999.
Hon. Michael O. Leavitt,
Chairman, National Governors' Association, Hall of States,
Washington, DC.
Hon. Christine O. Gregoire,
President, National Association of Attorneys General,
Washington, DC.
Dear Governor and Madam Attorney General: We are aware that
concerns have been raised regarding the impact of Title XXXII
of
S. 1059, the conference report for the National Defense
Authorization Act (NDAA) for Fiscal Year 2000, on the safe
operation and cleanup of Department of Energy (DOE) nuclear
weapons sites. Title XXXII provides for the reorganization of
the DOE to strengthen its national security function, as
recommended by the House of Representatives, the Senate, and
the President's Foreign Intelligence Advisory Board (PFIAB).
In so doing, the NDAA would establish the National Nuclear
Security Administration (NNSA), a semi-autonomous agency
within the Department.
However, as the purpose of this effort was focused on
enhancing national security and strengthening operational
management of the Department's nuclear weapons production
function, the conferees recognized the need to carefully
avoid statutory modifications that could inadvertently result
in changes or challenges to the existing environmental
cleanup efforts. As such, Title XXXII does not amend existing
environmental, safety and health laws or regulations and is
in no way intended to limit the states' established
regulatory roles pertaining to DOE operations and ongoing
cleanup activities. In fact, Title XXXII contains a number of
provisions specifically crafted to clearly establish this
principle in statue.
NNSA compliance with existing environmental regulations,
orders, agreements, permits, court orders, or non-
substantive requirements.
Concern has been expressed that Title XXXII could result in
the exemption of the NNSA from compliance with existing
environmental regulations, orders, agreements, permits, court
orders, or non-substantive requirements. We believe these
concerns to be unfounded. First, Section 3261 expressly
requires that the newly created NNSA comply with all
applicable environmental, safety and health laws and
substantive requirements. The NNSA Administrator must develop
procedures for meeting these requirements at sites covered by
the NNSA, and the Secretary of Energy must ensure that
compliance with these important requirements is accomplished.
As such, the provision would not supersede, diminish or
otherwise impact existing authorities granted to the states
or the Environmental Protection Agency to monitor and enforce
cleanup at DOE sites.
The clear intent of Title XXXII is to require that the NNSA
comply with the same environmental laws and regulations to
the same extent as before the reorganization. This intent is
evidenced by Section 3296, which provides that all applicable
provisions of law and regulations (including those relating
to environment
Amendments:
Cosponsors: