Floor Statements

Mr. President, for the Committee on Commerce, Science, and Transportation I report favorably the following nomination lists which were printed in the Record on the dates indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar, that these nominations lie at the Secretary's desk for the information of Senators.

Mr. President, I wish to recognize the service of a great public servant, outstanding Army officer, and dedicated academic leader.

In his latest stint of public service, BG William T. Bester, U.S. Army retired, distinguished himself by exceptionally meritorious service to the Graduate School of Nursing, Uniformed Services University of the Health Sciences, Bethesda, MD, as acting dean from 10 July 2006 to 30 December 2007.

During this period, the outstanding leadership and ceaseless efforts of General Bester resulted in major contributions to the Graduate School of Nursing, GSN, and to the Uniformed Services University, USU. He assumed his duties during a period of significant change and growth in the history of the GSN and the USU. He lead efforts in dealing with substantial change in the GSN: planning for a new psychiatric/mental health nurse practitioner master's option, facilitating the merger of the GSN and Navy nurse anesthesia master's option, fostering renewed collaboration with the Federal nursing service chiefs, FNSCs, assisting the USU with the search for a new brigade commander and GSN dean, and dealing with base closure and realignment strategy and requirements. He focused on every issue with unwavering directness, a spirit of community participation, collegial respect, enthusiasm, and a wonderful sense of humor and fair play. His leadership brought about a change in GSN character and personality that is visible at every level of USU. His tenure has been marked by strong, supportive relationships with senior USU leaders, an increase in FNSC collaboration and trust resulting in additional senior scholars assigned to the Nursing Science Doctoral Program and new educational program opportunities and increased student involvement in and enthusiasm for the school and the university.

Working closely with my office, he was instrumental in solidifying DOD core budgeting for the GSN. He negotiated an expansion of faculty research support with the School of Medicine and the USU vice president for research. He established a sense of calm and collaborative team building by fostering a common vision, always listening to the faculty and staff issues, and addressing their concerns. As a genuine and dedicated ambassador of the university, General Bester often represented the USU president at external senior level meetings. His career interdisciplinary leadership experiences and the respect he maintains within the Department of Defense always provided credibility as spokesperson when he represented the university and its president. These same qualities allowed him to be an essential advisor to President Rice during a time of significant change within USU, on the Bethesda campus, and in emerging military and Federal health cooperative concerns. Brigadier General Bester's total dedication to service in all aspects of his leadership of the Graduate School of Nursing and his exceptional leadership contributions to USU reflect an unsurpassed commitment to maintaining the highest standards for military and Federal health nurse education at the Uniformed Services University. The distinctive accomplishments of Brigadier General Bester reflect great credit upon himself, the Department of Defense, and the Uniformed Services University.

The Uniformed Services University of the Health Sciences continues to fulfill our vision as a key part of the Nation's academic health education enterprise because of the dedication of its faculty and administrative leadership. General Bester exemplifies the best of the best. We owe a debt of gratitude for his years of public service, and I wish to take this opportunity to thank him along with his family: his wife Cheryl, his son Jason, daughter Jodi, and grandsons Will and Jake.

We wish General Bester Godspeed as he returns to his family and Texas where his children and grandchildren now live.

Mr. President, as a veteran of World War II, I know I speak for other veterans in thanking my colleague, the senior Senator from West Virginia, for his most profound remarks, and I thank him for his words.

I suggest the absence of a quorum.

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

Mr. President, I rise today to discuss the conference report on H.R. 3222, an act making appropriations for the Department of Defense for fiscal year 2008. The conference report approves funding of $459.3 billion in new discretionary budget authority which is equal to the subcommittee's 302b allocation. This amount is $3.5 billion less than the funding requested by the administration, not including supplemental spending for the cost of war. And, it is the same level as recommended by the House. The conference recommendations represent a good faith compromise between the House and the Senate.

I say to my colleagues this is a good bill, one that is critical for our Nation's defense. The bill fully funds a 3.5 percent military pay raise, a half percent more than requested. It recommends adding $918 million for the Defense Health Program to ensure that the health of our military families is protected. This includes $379 million more than requested to support our military hospitals which suffer from significant shortfalls and are stressed by our wounded heroes returning from war.

The conference report includes $980 million to purchase equipment for our National Guard and Reserves recognizing the serious shortfalls that exist in our reserve components. It provides robust funding for the Army's highest priority, the Future Combat System. It supports the purchase of 20 F-22s and 12 joint strike fighters as requested.

The bill includes $588 million to support a multiyear purchase of the Virginia Class submarine, and provides advance procurement for four more ships than requested by the administration.

On the subject of earmarks, this measure includes nearly $3.4 billion less for earmarks than provided in fiscal year 2006. While many of the items that we call earmarks may not meet the strict definition under the new rules, we have included them in a list in the back of the Statement of the Managers along with the names of the Members of the Congress who requested them in the interest of providing greater transparency.

Today is November 8. Our Defense Department is operating on scaled back funding under a short-term continuing resolution. Each day that the Defense Department operates under a CR adds to cost and inefficiency. It is critical that we expedite the consideration of this measure to allow for better financial management, and more importantly, to ensure that our men and women in uniform and their families have the funding they need for their pay, their hospitals, their housing, and their schools. We can best show our support to the military by completing action on this bill as quickly as possible and sending it to the President. Our men and women in uniform deserve no less.

Mr. President, for the past 30 years, I have been privileged to serve on the Appropriations Defense Subcommittee with my illustrious partner, the senior Senator from Alaska. We have always done this in a bipartisan fashion. It has been so bipartisan that, notwithstanding the controversies involved in the bill, as the Senate knows very well, we passed the bill in the subcommittee in less than half an hour and the full committee in less than an hour and a half.

We should also keep in mind that 4 days from now, we will be saying thank you to the veterans of World War I, II, and the others.

This is a must bill. I think we should take the words of the senior Senator

from Alaska, his words of wisdom, with seriousness because it deserves serious consideration. Mr. McCAIN. Mr. President, we are a country at war and yet it is business as usual in the Halls of the Congress. This conference report is chocked full of unrequested and unauthorized funding provisions while actually underfunding the budget requested by the President for the Department of Defense by $3.5 billion. That is correct, Mr. President. We are underfunding one of the most critical agencies to the safety and security of the American public in order to spend extraordinary amounts on unnecessary, wasteful earmarks and run of the mill porkbarrel projects. There are over 2,000 earmarks in this year's Defense Appropriations conference report and its accompanying Statement of Managers, with 24 earmarks added outside the scope of conference.

Today, we are engaged in a struggle against Islamic fascism and yet it seems that many on both sides of the aisle are placing special interest and pet projects before the urgent funding needs of our troops and providing what they need to succeed in their mission. While this bill has $3 billion of Katrina relief for Louisiana homeowners, it does not have one dime allotted for bridge funds for the global war on terror. I support doing what we can do to aid in the Katrina recovery. But we must be equally committed to our brave men and women in uniform.

Allow me to highlight some of the earmarks that are taking real money away from our fighting men and women: $25,000,000 for the Hawaii Federal Health Care Network; $23,000,000 for the National Drug Intelligence Center, NDIC; $20,000,000 for historically Black colleges and universities; $5,000,000 for the United States Olympic Committee, USOC Paralympic Military Program; $4,800,000 for the Jamaica Bay Unit of Gateway National Recreation Area; $3,000,000 for ``The First Tee,'' a golf foundation in St. Augustine, FL; $2,400,000 for the Vertical Lift Center of Excellence-Institute of Maintenance, Science and Technology; $2,000,000 for brown tree snake eradication; $1,600,000 for the New York Structural Biology Center; $1,200,000 for the National Bureau for Asian Research; $800,000 for extended shelf life produce for remotely deployed forces; and $500,000 for the Maine Institute for Human Genetics.

I am not questioning the merits of some of these programs and initiatives but they do not belong on a Defense appropriations bill. It is our responsibility to be faithful stewards of the taxpayers' hard- earned dollars. Whatever position you have on the war in Iraq, the global war on terror or this administration, as long as our soldiers, sailors, airmen and marines are in harm's way, it is our responsibility to provide them with whatever is necessary for them to succeed in their missions around the world and come home safely. We can do better than this for our troops and for the American taxpayer.

Mr. President, for the Committee on Commerce, Science, and Transportation I report favorably the following nomination lists which were printed in the Records on the dates indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that these nominations lie at the Secretary's desk for the information of Senators.

Mr. President, I fully support S. 294, a bill that will finally

reauthorize Amtrak and make important changes to secure a prosperous future for intercity passenger rail in the United States. In a year when Amtrak faces yet another crisis, in part due to the administration's proposal to severely reduce Amtrak funding in an effort to restructure the railroad through bankruptcy, this bill is all the more necessary. Additionally, congestion delays at our airports and on our roads are making more and more travelers dependent on passenger rail. We need to ensure that our national passenger rail system is adequately prepared to accommodate this increased ridership.

I congratulate Senator Lautenberg and Senator Lott for crafting this important bill, of which I am a cosponsor. This bill encourages the development of new rail corridors, provides incentives for Amtrak to operate more efficiently, and strengthens the relationship between Amtrak and the States in which it operates. This bill will also provide more transparency into Amtrak's operations and help Amtrak better control its costs. I believe that it will further fortify Amtrak as an important, necessary, and viable option in the United States' transportation landscape.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Mr. President, I wish to speak on amendment No. 3214. This amendment would establish a commission to investigate the circumstances surrounding the relocation, internment, and deportation of Latin Americans of Japanese descent from December 1941 to February 1948.

The story of the internment of U.S. citizens is a story that has been made well known after a fact-finding study by a commission authorized by Congress in 1980. However, far less known is the story of Latin Americans of Japanese descent.

Toward the end of its investigation, the 1980 commission discovered this extraordinary effort by the U.S. Government soon after December 7, 1941. However, because information surfaced so late in its study, the commission was unable to fully review the facts but found them significant enough to include in the appendix of its published report to the Congress.

It appears that soon after December 7, 1941, the Government of the United States called upon certain governments in Latin America and requested that certain Japanese be sent to the United States to be used for prisoner exchange programs. Approximately 2,300 civilian men, women, and children--who had committed no crime--were taken from their homes in Latin America. They were stripped of their passports, brought to the United States, and interned on American soil. Some were taken from this camp and used for civilian exchange with Axis countries. You can imagine the anxiety and the fear in the hearts and minds of these men, women, and children not knowing where they were headed for and for what purpose.

Despite their personal tragedies, these Japanese Latin Americans were not included in the Civil Liberties Act of 1988 because this program appears to have been executed outside of Executive Order 9066, and the internees were not citizens of the United States.

Under this amendment, nine commission members--three appointed by the President, three appointed by the Speaker of the House, and three appointed by the President pro tempore of the Senate--would have a year to report their findings to Congress.

This amendment does not authorize any payment for restitution and would not affect direct spending or revenues. It was reported out of the Homeland Security and Governmental Affairs Authorizing Committee and was approved by the Commerce, Justice, and Science Appropriations Subcommittee to attach to the Commerce-Justice-Science appropriations bill.

Today I seek your support for this amendment, which would establish a fact-finding commission to extend the study of the 1980 commission. I believe examining the extraordinary program of interning citizens from Latin America in the United States would give finality to, and complete the account of, Federal actions to detain and intern civilians of Japanese ancestry.

As a footnote, when the war was over, and these internees were released from their camps, they were persons without a country. They were soon arrested for not having a permit or passport to be in the United States. So they were scheduled for deportation to their supposed home, and these Latin American countries said: Oh, no, we are not responsible. We are not taking them. So there they were not knowing where to go. This is the subject of my amendment.

I think the United States would like to have this clarified. It is a blight on our record. I am certain my colleagues will go along with this.

I thank you very much.

I yield the floor.

I suggest the absence of a quorum.

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

Mr. President, I ask unanimous consent to call up my amendment No. 3214, the Latin American internees bill, and I ask that it be the pending business.

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

Mr. President, I ask unanimous consent that the amendment be set aside for future consideration.

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

Mr. President, yesterday, the Senate adopted several amendments to the Defense appropriations bill. It is my understanding that S. 1 requires that a Senator who offers any amendment is required to list the name of any Senator who submitted a request for each respective item in the Congressional Record.

In compliance with this, I note that on amendment 3117, Senators Gregg, McConnell, Vitter, Corker, Kyl, Domenici, Chambliss, Cornyn, Sununu, McCain, Specter, and Isakson cosponsored the amendment regarding funding for border security. On amendment 3129, Senator Mikulski cosponsored the amendment regarding the Troops for Nurses program. On amendment 3131, Senator Levin submitted a request for the Virtual Systems Integrated Laboratory. On amendment 3135, as modified, Senator Kerry submitted a request for High Temperature Superconductor Motors. On amendment 3141, Senators Nelson of Florida, Kyl, Lieberman, Vitter, Inhofe, Nelson of Nebraska, Pryor, Lautenberg, Bayh, Lincoln, and Webb cosponsored the amendment regarding the Aegis Ballistic Missile System. On amendment 3152, Senators Brown, Specter, Warner, and Webb submitted requests for the Minuteman Digitization Demonstration Program. On amendment 3153, as modified, Senator Mikulski cosponsored the amendment, and Senators Dodd, Kerry, Lieberman, Lautenberg, and Menendez submitted requests for the Advanced Precision Kill Weapon System. On amendment 3163, Senators Grassley and Durbin submitted requests for the Molecular Sieve Oxygen Generation Systems for F-15 aircraft. On amendment 3167, Senator Nelson of Florida cosponsored the amendment regarding MARK V replacement research. On amendment 3192, Senators Domenici, Dole, Ensign, and Kyl cosponsored the amendment regarding Operation Jump Start. On amendment 3204, Senator Gregg submitted a request for Side Scan Sonar for USV and Harbor Surveillance Applications.

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

Mr. President, I ask unanimous consent that Senator Allard be recognized to call up his amendment and to speak briefly on it, and then to set aside that amendment, to consider the Graham amendment, debate that, and to have that disposed of by a vote.

Following that, an amendment by Senator Feingold will be in order.

Mr. President, parliamentary inquiry.

Mr. President, what is the pending business?

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

Mr. President, I thank Mr. Graham for his generous remarks.

In the spirit of expediting the process before us, I yield back the remainder of my time.

Amendment No. 3119, Withdrawn

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

Mr. President, what is the pending business?

Mr. President, I ask unanimous consent that there be 120 minutes for debate with respect to the Feingold amendment, with the time equally divided and controlled between Senators Feingold and Inouye or their designees; that no amendment be in order to the amendment prior to the vote; that upon the use or yielding back of the time, the Senate proceed to vote in relation to the amendment; that the amendment must receive 60 votes to be agreed to, and if the amendment doesn't achieve that threshold, then it be withdrawn; that if it receives that threshold, then it be agreed to and the motion to reconsider be laid upon the table.

Mr. President, I rise to voice my opposition to this measure, not because I do not agree with the goal sought by this Feingold amendment; I agree with it. However, it was the decision of the leadership of the committee that matters that can be appropriately debated in the Iraq supplemental appropriations bill should be debated there.

I believe if we open the door to the Feingold amendment, then I am in no position to suggest we oppose other appropriate measures for the supplemental. Therefore, reluctantly, but forcefully, I must say I hope my colleagues will support me in opposing this measure.

I thank you, sir.

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

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

Mr. President, what time do I have?

Mr. President, I yield back the remainder of my time.

Mr. President, I move to reconsider the vote and I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Mr. President, there is no question that these vehicles, the MRAPs, save lives. The committee is well aware of that, and we concur with that. That is why, Mr. President, to date, Congress has provided nearly $11 billion for the rapid production and fielding of 8,000 MRAP vehicles.

As a result, there are now 435 MRAPs fielded in the theater, and by Memorial Day 2008 we will have fielded 8,000 MRAPs.

Believe me, we are doing everything possible to ensure the Department has sufficient funds to continue this production of MRAPs. On Monday, this week, in the short-term continuing resolution, we provided another additional $5.2 billion exclusively for MRAPs. Providing a specific appropriation in a continuing resolution is extremely unusual and demonstrates the commitment of the Congress, and in particular the Appropriations Committee, to ensure that all the funding that is necessary for MRAPs will be provided to the Department of Defense.

The vehicles manufactured with these funds will be produced in March and April of 2008 and fielded in the theater by Memorial Day 2008.

We are aware there is a remaining fiscal year 2008 requirement for $11.5 billion for MRAPs, even though the administration has not yet requested any funding. The additional $11.5 billion would fully fund the new increased program requirement of 15,274 vehicles, including 10,000 MRAPs for the Army.

The Department of Defense is seeking this $11.5 billion by November 15 in order to avoid a break in production. This is very important. We anticipate addressing this in the upcoming supplemental. But if it is not completed by November 15, it will be in the next continuing resolution.

The vehicles produced and procured with these funds would be produced by May through September 2008, approximately at a rate of 1,200 vehicles a month. This additional $11.5 billion for

MRAP fully funds the program requirement in fiscal year 2008 and saturates the industrial base through the end of 2008--September 2008. Any funding provided in addition to the requirement of $11.5 billion, would be for vehicles that would not be produced--and I repeat--would not be produced until fiscal year 2009, and many vehicles would not be fielded in the theater until that spring, summer, and fall of 2009.

I believe many of us believe our troop presence in Iraq will be significantly reduced by then.

That is $11.5 billion.

I will give you my word, sir.

That is $11.5 billion.

You are very kind, sir. Thank you very much.

Mr. President, the Senator was correct in noting that this amendment was not authorized in the authorizing committees. Accordingly, it was not considered or debated in the Appropriations Committee. Unfortunately, we are not here to fully explain what it all entails. However, we have been advised that this proposal may be the first step toward a program that was rejected many years ago, the so- called Star Wars program of the late President Reagan.

I yield the floor.

Madam President, after discussing this matter with the Senator from Arizona, I have had my staff do some research. The following may be of interest to the Senate: This bill has fully funded the President's budget request for space-based and space-surveilling satellite systems; for example, in the Air Force research and development alone, in excess of $585 million. We have funded above the President's request in the Air Force research and development; for example, $15 million for space situational awareness programs, $5 million for space control test capabilities, and $7 million for the RAIDRS program, a total of $27 million.

I cite this so we will not get the impression that we are not funding anything for space and satellite defense, et cetera.

I yield the floor.

Madam President, the debate suggests very strongly that there is much uncertainty in this amendment. Therefore, I move to table the amendment.

I ask unanimous consent that the following list of amendments be adopted. It has been cleared by both sides: Senate amendment No. 3153, as modified, by Senators Gregg and Sununu, regarding the Advanced Decision Kill Weapon System; amendment No. 3162, for Senators Levin and Stabenow, regarding advanced automotive technology; amendment No. 3152, for Senators Smith and Harkin, regarding the Minuteman Digitalization Demonstration Program; amendment No. 3127, for Senator Brown, regarding the high altitude airship; amendment No. 3155, as modified, for Senators Domenici and Bingaman, regarding mid-infrared advanced chemical lasers; amendment No. 3173, for Senators Bingaman and Domenici, regarding sunlight beam directors.

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

Mr. President, on behalf of the leadership of the Senate, Senators Reid and McConnell, I say to the desk the following amendment and ask for its immediate consideration and that it be agreed to.

Mr. President, I ask unanimous consent that managers' package No. 3 be considered and agreed to. It consists of the following: amendment No. 3204, for Senator Sununu, regarding harbor surveilling applications; amendment No. 3116, for Senator McCaskill, regarding a Web site link for the DOD Inspector General; amendment No. 3182, for Senator Coleman, regarding the Laser Perimeter Awareness System; amendment No. 3135, as modified, for Senator Kennedy, regarding high temperature superconductor motors; amendment No. 3177, for Senator Inhofe, regarding Ground Warfare Acoustical Combat Systems; amendment No. 3163, for Senator Harkin, regarding MSOGs for F-15 aircraft; amendment No. 3176, for Senators Hutchison and Cornyn, regarding the improvement of barriers at the border; amendment No. 3136, for Senator Landrieu, regarding the Cyberspace Innovation Center; amendment No. 3175, for Senator Bennett, regarding Internet observer threat mitigation tools; amendment No. 3137, for Senators Obama, Coburn, and Reid of Nevada, regarding the Federal tax liability certifications.

I ask for their immediate consideration.

What is the pending business, Mr. President?

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

Mr. President, I am pleased to announce that the following amendments have been cleared by the leadership of both sides and we are ready to consider them en bloc: First, 3130, 3167, 3145, and 3141. I ask unanimous consent they be considered en bloc and passed.

Mr. President, I move to reconsider.

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

I suggest the absence of a quorum.

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

Mr. President, with the approval of Senator Allard, I ask unanimous consent that amendment No. 3146 be withdrawn.

I am.

Certainly.

I pledge to my friend from Colorado that when we sit down to discuss this matter with the House I will continue to support the ballistic missile defense system. Let me assure you, as well, that we will carefully examine the merits of the programs at the MDSEC and the unique capabilities of the MDIOC when we have our conference negotiations with the House.

I suggest the absence of a quorum.

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

Madam President, I yield to the Senator from Alaska.

I have no objection.

Madam President, I move to reconsider the vote.

Madam President, I ask unanimous consent to be listed as a cosponsor of the Boxer amendment.

No.

I ask unanimous consent that the Sessions amendment be the last one considered.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Amendment No. 3131

Madam President, I send to the desk an amendment in behalf of Senator Stabenow and ask for its immediate consideration.

I ask for its immediate consideration.

Madam President, I move to reconsider the vote.

I would be happy to discuss this important issue with the Senators from Oregon.

I thank the Senators from Oregon for unwavering support of our men and women in the Army National Guard. We all recognize and are deeply grateful for the service that the National Guard has provided in domestic disasters and international conflict. It is well- documented that the Stryker brigades have indeed performed exceptionally in Iraq. The House has added over $1 billion for Strykers. Your and your colleagues' views on Strykers for the Guard are noted and will be taken into consideration as we enter into conference.

I appreciate very much the diligent work of these three Senators in researching this important issue regarding the critical air-to-ship sensor connectivity within our Navy's carrier battle groups and bringing it to my attention. I appreciate that they understand the rationale for the reduction in funding we have proposed for this program, and I have listened carefully to their description of the impacts that such a reduction might cause in the program. I assure my friends, Senator Chambliss, Senator Isakson, and Senator Martinez, that I will continue to examine this program carefully as we proceed to conference.

I thank the Senator from Connecticut for raising this important issue and for his recent letter informing me of the criticality of this program.

I thank the Senators from Connecticut for bringing this issue before us today. I assure you that I will examine this program carefully as the committee reviews the supplemental appropriations bill.

I thank the Senator for raising this very important issue. As the Senator knows, I am a strong supporter of the Patriot.

I thank the Senator. As the Senator surely knows, we fully funded the Patriot pure fleet effort, one of the Army's top priorities in the past 2 years. We will certainly consider the additional information provided as we conference the bill.

Unmanned Aerial Vehicle

I thank the Senator from Indiana for raising this important issue and agree with my good friend that improving our intelligence, surveillance, and reconnaissance capabilities is a critical issue for our military today.

I can assure the junior Member from Indiana that my committee will examine this program carefully and give this request all due consideration as the committee reviews the supplemental appropriations bill. I thank my colleague for his concern and leadership on this important issue.

My colleague from Michigan raises some important points. Reducing fuel consumption in the field is an urgent need of our military. It will not only reduce costs but also reduce the risk to our troops because fewer fuel deliveries will need to be made to dangerous areas.

I also agree that future combat systems, and especially the new robotics technologies it will bring, are critically important to our troops. These technologies will continue to play an important role in the transition of our military to a more mobile, lethal, and effective force.

I commit to my colleague from Michigan that the committee will reevaluate the cuts he has highlighted when the bill goes to conference with the House.

Madam President, I ask unanimous consent that no further amendments be in order and that the bill be read a third time.

I suggest the absence of a quorum.

Madam President, I thank the Senator from Alabama for his generous remarks. I thank him very much.

I suggest the absence of a quorum.

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

Madam President, I ask unanimous consent that the Senate proceed to vote on passage of the bill, that upon passage, the Senate insist on its amendment, request a conference with the House on the disagreeing votes of the two Houses, and the Chair be authorized to appoint conferees on the part of the Senate with the subcommittee appointed as conferees.

Mr. President, I move to reconsider the vote, and I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Mr. President, I ask unanimous consent that the Ad Hoc Subcommittee on State, Local, and Private Sector Preparedness and Integration of the Committee on Homeland Security and Governmental Affairs be authorized to meet during the session of the Senate on Wednesday, October 3, 2007, at 2 p.m. in order to conduct a hearing entitled ``Pandemic Influenza: State and Local Efforts to Prepare.''

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet

during the session of the Senate on October 3, 2007, at 9:30 a.m., in order to conduct a hearing entitled ``Combating Genocide in Darfur: the Role of Divestment and Other Policy Tools.''

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, October 3, 2007, at 9:30 a.m. in order to hold a nomination hearing.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, October 3, 2007, at 2:30 p.m. in order to hold a hearing on Burma.

Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary, Subcommittee on Antitrust, Competition Policy and Consumer Rights, be authorize to meet during the session of the Senate in order to conduct a hearing entitled ``An Examination of S. 772, the Railroad Antitrust Enforcement Act'' on Wednesday, October 3, 2007 at 10:30 a.m. in the Dirksen Senate Office Building room 226.

Mr. President, I ask unanimous consent that the Committee on Environment and Public Works, Subcommittee on Clean Air and Nuclear Safety, be authorized to meet during the session of the Senate on Wednesday, October 3, 2007, at 10 a.m. in room 406 of the Dirksen Senate Office Building in order to conduct a hearing entitled, ``The Nuclear Regulatory Commission's Reactor Oversight Process.''

Mr. President, I ask unanimous consent that the Special Committee on Aging be authorized to meet tomorrow, Wednesday, October 3, 2007, from 10 a.m. to 12 p.m. in Russell 325 for the purpose of conducting a hearing.

Mr. President, I ask unanimous consent that the committee-reported substitute amendment

be considered and agreed to, the bill, as amended, be considered as original text for the purpose of further amendment, and that no points of order be considered waived by this agreement.

Mr. President, I rise today to discuss H.R. 3222, a bill making appropriations for the Department of Defense for Fiscal Year 2008. The bill that I present on behalf of the Appropriations Committee was approved unanimously by the Committee on September 12. Senator Stevens and I crafted this bill together in a bipartisan fashion. It appropriates $459.6 billion in new budget authority which is equal to the subcommittee's 302b allocation. This amount is $3.5 billion less than the funding requested by the administration, not including supplemental spending for the cost of war. It is the same level as recommended by the House.

I say to my colleagues this is a good bill, one that is critical for our Nation's defense. We believe it meets the Senate's priorities: ensuring readiness, protecting our forces, and acquiring the critical equipment that our service men and women need and deserve.

The bill fully funds a 3.5 percent military and civilian pay raise, a half percent more than requested.

It recommends adding nearly $950 million for the Defense Health Program to ensure that the health of our military families is protected. This includes $486 million above the budget request to support our military hospitals which suffer from significant shortfalls and are stressed by our wounded heroes returning from war.

The Appropriations Committee included $1 billion above the President's request to purchase equipment for our National Guard and Reserves recognizing the serious shortfalls that exist in our reserve components.

It fully funds the Army's highest priority, the Future Combat System.

It supports the purchase of 20 F-22s and 12 Joint Strike Fighters as requested.

The bill includes $470 million to support a multi-year purchase of the Virginia class submarine, and provides full funding for the V-22 for the Marines.

It would fund the authorized level for the Missile Defense Program, about $300 million below the request.

As my colleagues all know, this is a massive bill, with thousands of programs. While most of the administration's proposal is funded as requested, the bill is not a rubberstamp. Senator Stevens and I have recommended reductions in many programs because of schedule delays, cost increases, or other similar problems. In each case it is our judgment that the funds should be reapplied to other areas to address other urgent needs. In doing so, we have been able to increase funding for health care, National Guard equipment, a higher pay raise, and many other worthy initiatives.

We should also raise the subject of earmarks in this measure. As you know, the Congress passed new legislation which requires that the committee identify each congressionally directed spending item, which we commonly refer to as earmarks. I want to point out that this bill includes more than $4 billion in adds which were not requested by the President. However, under the definition in S. 1 very few of these items are earmarks. For example, in many cases, the committee chose to provide funding for items not because they were requested by a Member of the Senate, but because of the national merits of the program. Under the definition in S. 1, these are not earmarks. None the less we have included in the report the name of all Members who requested such increases. In fact, to ensure full transparency the committee report not only lists the few earmarks that are required by law, but includes any item funded by the committee for which a Member sought an increase above the President's request. We have gone way beyond the legal requirement to increase transparency. We have nothing to hide in the funding that we are recommending in this measure. I am confident the Members who requested these funds have no reason not to have their names listed.

Today is October 2. We have already started a new fiscal year. Our Defense Department is operating on scaled back funding under a short term continuing resolution. That is no way to provide for our common defense. It is critical that we expedite the consideration of this measure to ensure that our men and women in uniform and their families have the funding they need for their pay, their hospitals, their housing, and their schools. The funding that we recommend in this measure to equip our forces is critically needed as soon as possible.

We understand the desire of many Members to address policies which relate to the war in Iraq. The war is extremely controversial; our Nation is divided. This matter is so serious it deserves the Senate's full attention and thoughtful debate, but that will take time. While we don't all agree on the proper course in Iraq, there remains one thing in which there is universal agreement. We must support those who are willing to wear our Nation's uniform and make the sacrifices to protect the rest of us. That is a huge sacrifice.

We hope that in the coming weeks the Senate will consider a supplemental spending measure to address funding for the wars in Iraq and Afghanistan and the global war on terrorism. We would urge our colleagues to hold off on supplemental related issues until that bill is considered.

To this end, I have resolved to oppose any amendment which could jeopardize quick enactment of this bill. We can best show our support to the military by completing action on the fiscal year 2008 Defense appropriations bill as quickly as possible. I hope all of my colleagues will be able to endorse these recommendations and work with us to pass this legislation. Our men and women in uniform deserve no less.

I yield the floor. I hope the Chair will recognize the vice chairman of the committee.

Mr. President, on August 2, 2007, by a vote of 83-14, the Senate approved S. 1, the Honest Leadership and Open Government Act of 2007. The President signed the legislation on September 14, 2007. This ethics reform legislation will significantly improve the transparency and accountability of the legislative process.

Pursuant to new rule 44, the chairman of the committee of jurisdiction is required to certify that certain information related to congressionally directed spending has been identified.

The required information must be available on a publicly accessible congressional Web site in a searchable format at least 48 hours before a vote on the pending bill. In addition, Members who request such items are required to certify in writing that neither they nor their immediate family have a pecuniary interest in the items they requested. And, the committee is required to make those certification letters available on the Internet.

The information provided includes identification of the congressionally directed spending and the name of the Senator who requested such spending.

This information is contained in the committee report numbered 110- 155, dated September 14, 2007, and has been available on the Internet for 2 weeks. The Member letters concerning pecuniary interest are also available on the Internet.

I am submitting for the record the certification by the chairman of the Committee on Appropriations.

I send to the desk such certification and ask unanimous consent it be printed in the Record.

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

Mr. President, I ask unanimous consent that the Senate stand in recess until 2:15 p.m.

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

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

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

Mr. President, I find it, firstly, very difficult to speak in opposition to this amendment. But I do so after consulting with the senior members, the chairman and the vice chairman, of the Armed Services Committee, the Senator from Michigan, and the Senator from Arizona.

I have been assured that after due consideration and investigation, they have been convinced that the process of waivers does work. In fact, the investigation has suggested that those who have served after receiving such waivers have done much better in serving our Nation than those who came without any crime.

We should keep in mind that when we speak of certain crimes, there is no standard rule throughout the United States. In different States, certain activities are considered criminal, in other States it is not even mentioned.

I was an assistant prosecutor a long time ago. I find that in certain States certain activities are considered conservatively and other areas very liberally. For example, in recent days, we have been hearing much about the demonstration in Louisiana on the Jenna 6. Would that be a crime in other States? In other communities? I do not think we have the answer because we know that, depending on jurisdictions, certain activities may be criminal and in others of no concern.

Whatever it is, on behalf of the Defense Appropriations Committee, I am calling on the leadership of the Armed Services Committee to conduct a thorough further investigation on this matter. If it does work, and if it is necessary to provide waivers to get certain skills into our military, then we should be told why.

But as of this moment, I cannot ignore the advice that I have received from my colleagues who are leaders of the authorizing committee. So, accordingly, at the appropriate time, I will make a motion to table this amendment.

Before I do, if I may be very personal about this, I have been a victim of hate and hate crimes, so I do know something about hate crimes. If you can imagine my returning from World War II in my full regalia, uniform with four rows of ribbons, with a hook in my right hand, and going to a barber shop, and they looked at me and said: Are you a Jap?

When I told them, no, I am an American: But your parents, are they Japs?

And I have to say: Yes, they are Japanese.

Well, we do not cut Jap hair.

Well, in some jurisdictions, that was appropriate and proper. Today we do have jurisdictions where we do have segregation, maybe not legally but understandably we do.

So as I have indicated, at the appropriate time, I will make a motion to table the Boxer amendment. It is not a happy deed. But I believe at this moment, under the circumstances, I am compelled to do so.

I yield the floor.

The PRESIDING OFFICER (Mrs. McCaskill.) The Senator from California.

Madam President, I ask unanimous consent that the present amendment be set aside to reconsider the Boxer amendment.

Madam President, I ask unanimous consent that at 4 p.m. the Senate proceed to vote in relation to the Boxer amendment, as modified; that the time from 3:55 until 4 p.m. be equally divided and controlled between Senators Boxer and Inouye or their designees; that no amendment be in order to the amendment prior to the vote; that at 4 p.m. the Senate proceed to vote in relation to the amendment; that when the Senate resumes consideration of H.R. 3222 on Wednesday, following morning business, there will be 30 minutes of debate prior to a vote in relation to the pending Graham amendment; that the second-degree amendment be withdrawn and no other amendment be in order to the amendment prior to the vote; that the time be equally divided and controlled between Senators Graham and Inouye or their designees; that upon the use or yielding back of the time, the Senate proceed to vote in relation to the amendment.

Madam President, as I indicated in the earlier debate, we have been assured by the chair of the Armed Services Committee, Mr. Levin, and the vice chair, Mr. McCain, that this waiver process is working and has worked.

It is not an easy amendment to speak against, but I am reminded of something that happened during my days of youth. After World War II, there was a very distinguished German, who was a Nazi. He was the prime person who helped develop the rockets and bombs that devastated London, who was then in the process of developing an intercontinental ballistic missile to devastate the United States. But we provided him with a waiver. He came to the United States and worked to develop rockets for the United States. If it weren't for this scientist, there is grave doubt that we could have sent a man to the Moon at the time we did or whether we could have developed the ICBM that we have today. His name was Dr. Wernher von Braun.

I am against those crimes that my colleague from California cited. They are objectionable, they are horrible, and as the father of a son, I can imagine what I would go through if my son had been a victim of one of these crimes. But this process does work, and I think at this moment to flat-out determine that this process cannot be used in certain crimes may be shortsighted.

So on behalf of the ranking member of the committee and myself, I move to table the Boxer amendment.

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

Madam President, I wish to announce that tomorrow morning, after morning hour, at approximately 10:45, we will consider and vote upon the Graham amendment.

If there are no amendments after that, the committee is prepared to move to pass the bill on third reading, final passage. So those who have amendments, please come forward.

Madam President, I suggest the absence of a quorum.

I ask unanimous consent that the order for the quorum call be rescinded.

Madam President, I ask unanimous consent that the following managers' package, No. 1, be adopted: amendment No. 3120, for Senator Baucus and others, regarding the Army Smart Data Project; amendment No. 3125, for Senator Roberts, regarding Air Force materials research; amendment No. 3128, for Senator Kohl, regarding the Navy's permanent magnet motor; amendment No. 3124, as modified, for Senator Lott, regarding Air Force pallet systems.

I suggest the absence of a quorum.