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UNANIMOUS-CONSENT AGREEMENT (Senate - September 08, 1993)

[Page: S11123]

The Senator from Wyoming [Mr. Wallop], for himself and Mr. Warner, proposes an amendment numbered 781.

Mr. WALLOP. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

The PRESIDING OFFICER. Without objection, it is so ordered.

The amendment is as follows:

On page 55 of the bill, strike out lines 13-24 and insert in lieu thereof the following:

`(5) That the United States and its allies face existing and expanding threats from ballistic missiles capable of being utilized as theater weapon systems that are presently possessed by, being developed by, or being acquired by a number of countries such as Iraq, Iran, North Korea, and others.

`(6) That some theater ballistic missiles presently deployed or being developed (such as the Chinese-made CSS-2) have capabilities equal to or greater than missiles which had been determined to be strategic missiles 20 years earlier under the U.S.-U.S.S.R. SALT I Interim Agreement of 1972.

`(7) That the ABM Treaty was not intended to, and does not, apply to or limit research, development, testing, or deployment of missile defense systems, system upgrades, or system components that are designed to counter modern theater ballistic missiles regardless of their capabilities, unless such systems, system upgrades, or system components are tested against or have demonstrated capabilities to counter modern strategic ballistic missiles.

`(8) That it is a national security priority of the United States to develop and deploy highly effective theater missile defense systems capable of countering the existing and expanding threats posed by modern theater ballistic missiles, as soon as technically possible.

`(9) That it is essential that the Secretary of Defense immediately undertake and complete compliance reviews of proposed theater missile defense systems, system upgrades, and system components so as to not delay the development and deployment of such highly effective theater missile defense systems.

`(10) That the Secretary of Defense should immediately report to the Congress on any issue which arises during the course of such compliance reviews which appears to indicate that any provision of the ABM Treaty may limit research, development, testing, or deployment by the United States of highly effective theater missile defense systems capable of countering modern theater ballistic missiles.'.

Mr. WALLOP. Mr. President, the majority and minority staff and my staff and others have worked out an amendment which does not perform the same substantive task that the amendment offered this morning would have. Instead, it goes to the findings of the statute.

Senator Nunn, Senator Warner, Senator Thurmond and others have examined the language. I understand they have examined it with administration officials as well. It is my understanding they find it acceptable.

Mr. NUNN. I thank the Senator from Wyoming. I agree with his assessment. This is, I think, an amendment that is consistent with the goals that the Senators from Wyoming and Virginia articulated, but it does change in the sense that it is expressed in a way that I believe leaves room for the administration to make that kind of assessment that is going to be needed for compliance review in terms of the ABM Treaty and its interpretation, and the effect of the ABM Treaty on the efforts to deploy--develop and deploy and test a theater system. But at the same time this amendment does make it clear the U.S. Senate believes that the ABM Treaty was not ever intended to, or designed to preclude the testing and development of a theater missile system; that it was aimed toward strategic missiles.

The difficulty in this area is distinguishing between the words `strategic' and `theater' and the meaning as modern technology leaps ahead, far beyond the original definitions that could have been envisioned by the ABM Treaty.

So this is what the administration has to address. It is compliance review. After that review is completed--and I anticipate it will be completed because of very strong incentives from this debate as well as provisions in the bill. I think it will be completed within the next 6 to 8 months. When that is done it seems to me then the question will be what do we do about it in case there are ambiguities. But this does make it clear the U.S. Senate intends to move forward vigorously with a theater missile defense system and at the same time do it in a way consistent with the overall considerations and obligations of our treaties.

The PRESIDING OFFICER. The Senator from Wyoming is recognized.

Mr. WALLOP. I particularly want to thank the able chairman of the committee. One of the problems that diplomats and politicians always have is that when they debate a subject they debate it from the standpoint as though they had reached the zenith of human knowledge and no change was ever likely to occur after that moment. As we have seen, technology has outrun the words of 20 years ago in the ABM Treaty and Senators recognize it. We have recognized it. We have tried not to bind the hands of the administration. I think we have succeeded in sending a message as to how we feel without doing just that. I thank him very much.

The PRESIDING OFFICER. The Senator from Virginia is recognized.

Mr. WARNER. I commend the distinguished chairman and my colleague from Wyoming who has taken leadership in this area for many, many years. I think one of the valuable parts of this very thorough debate we had this morning is to lay down some clear guideposts, as the President and other members of the administration begin to work their way through this policy.

I think there is a clear signal being sent by the Senate today, hopefully joined in by the House, as this amendment will hopefully be accepted in conference, that should the administration deviate from the goals as we have enunciated here in this debate and in the language of this amendment, it is most likely that the Congress, and most particularly the Senate, will address it and perhaps even reverse what the administration may come out with, in the event it is in opposition to this amendment.

I thank the Chair and thank the Members.

The PRESIDING OFFICER. Is there further debate?

Mr. NUNN. Mr. President, I urge the adoption of the amendment.

THE PRESIDING OFFICER. If there be no further debate, the question is on agreeing to the amendment.

The amendment (No. 781) was agreed to.

[Page: S11124]

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

Mr. NUNN. I move to lay that motion on the table.

The motion to lay on the table was agreed to.

The PRESIDING OFFICER. The President pro tempore is recognized.

Mr. BYRD. Mr. President, I have an amendment which I shall read. May I say, before I read this amendment, I of course, understand that there may be others here who would have amendments on the same subject, and it might be that the Senate will determine that one of their amendments is preferable to the amendment that I shall offer. I fully understand that I have no monopoly on that wonderful word, `wisdom.'

But I do intend for the Senate to be heard on this matter. I intend for the Senate to be heard. I intend for the Senate to vote on something. The Senate may not prefer my amendment and, indeed, I may see another amendment offered by another Senator that I would prefer to my own. But I do not intend for the Senate just to roll over and play dead to this administration or to any other administration.

I feel that the Senate has an obligation to take some action one way or another on this very important subject because it involves money and it involves blood. It could involve more blood than has already been spilled in Somalia. I think both the House and the Senate have a responsibility to debate this matter and to act. I think the administration has a responsibility to get the Congress, if it can do so, to give its consent to the administration's actions in Somalia.

So it will not hurt my feelings if somebody else's amendment is adopted. But I want to start the ball rolling and let us see where it finally ends up.

I think what I have here is a very reasonable amendment. I will read the----

Mr. PRYOR. Mr. President, may we have order?




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