Floor Statements

Mr. President, I certainly am happy to be here today and that I was--I do not know if happy is the right word--able to hear the Senator from North Dakota, who did such a good job. Not only is he articulate in his views, but he always has facts and figures to back them up.

We have come to know Senator Conrad as someone in the Senate who knows the numbers better than anyone else. In addition to that, he obviously is aware of other issues going on, such as his presentation today, which is a presentation I heard developed previously. I want the Senator to know how much I appreciate his very clear and concise statement. I appreciate it.

Amendment No. 3849

(Purpose: To protect human health and the environment from the release

of hazardous substances by acts of terrorism)

Mr. President, on behalf of Senator Corzine, I ask that the pending amendment be set aside, and I call up the Corzine amendment No. 3849.

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

Mr. President, on behalf of Senator Lautenberg, I call up amendment Nos. 3782 and 3905 to be considered at this time.

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

Mr. President, I ask that the pending amendments be set aside, and I call to the Senate's attention amendment No. 3821 offered on behalf of Senator Harkin.

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

Mr. President, on behalf of Senator Harkin, I recognize his amendment would do three things. It first requires the privacy and civil liberties board established by this bill to include as part of its findings any privacy or civil liberties violations made by the intelligence community or other elements of the executive branch in its semiannual reports to Congress.

Second, it allows minority conclusions or recommendations to be sent to Congress.

Finally, the amendment would require the board to report an agency's failure to cooperate with its requests for information or assistance to the national intelligence director and appropriate committees of Congress.

This amendment strengthens the credibility of the board and improves the board's ability to get the information it needs in the conduct of its duties.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.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, in our closing tonight, we are going to advance a number of military officers who have been reported out of the Armed Services Committee today.

It was with a special pleasure today that I spoke to Senator Levin and he told me that COL Robert T. Herbert had been reported out of the Armed Services Committee. Robert T. Herbert runs my Las Vegas office. Seventy-two percent of the people in the State of Nevada live in the Metropolitan Las Vegas area. He has an extremely important, responsible job for the people of the State of Nevada to make sure that what goes on in Nevada--especially on a Federal level--is something that he is aware of and I am aware of. He does a wonderful job. He is such a good person. Tonight, he will be no longer a Lieutenant Colonel but will become a full Colonel in the Nevada Army National Guard.

My friend, Bob Herbert, grew up as the son of a military man, retired Master Sergeant Robert W. Herbert. Bob, my employee, decided at an early age that he wanted to become a military pilot. So even before he graduated from high school, he joined the Army. Of course, he is well educated. He did graduate from high school. He now has a master's degree from George Washington University. He worked very hard to get that. He graduated from high school in Slinger, WI, and went to basic training, and then on to flight school. He was immediately thereafter assigned to Germany where he flew patrols along the borders between East and West Germany. This, as we all know, were the front lines of the Cold War.

After he was reassigned from Germany, Colonel Herbert completed his undergraduate work at Embry-Riddle Aeronautical University. He then went to test pilot school and became an Army test pilot.

As a test pilot, he flew helicopters which, as we all know, are so important not only in modern military missions but also for important jobs at home, such as fighting fires and the emergency transport of accident victims.

I just finished a telephone conversation with my friend Don Phillips--my friend of longstanding who lives in Lincoln County, NV, in Caliente actually, 145 miles from Las Vegas--and a helicopter took his wife Dorothy to a hospital in Las Vegas where she is very ill. Helicopters are important for all kinds of uses.

All these years, Bob has been moving around from place to place, and he wanted someplace to settle down. One of his fellow test pilots was a man named Randy Sayre who was from Fallon, NV. He told Colonel Herbert what hundreds of thousands of other people have discovered--that Nevada is a great place to live.

So when Bob got out of the Army, he moved to Reno and joined the Nevada Army National Guard. About that time, as a member of the Appropriations Defense Subcommittee, I learned that Bob Herbert was really good. He is someone whom I met. He had connections in the military circles in Nevada. I had heard about Bob, that he was not only good with military matters but also good with numbers.

At my request, he arranged to come to Washington and work in Washington as a fellow with the Brookings Institution. He was assigned to me. During that time, I had the privilege of pinning Bob with his Lieutenant Colonel insignia when he made that rank.

I also grew to depend on his judgment and advice, not just about military matters but about many other

issues. He was able to make decisions and had a lot of common sense.

When his fellowship was finished, he joined my staff here in Washington. He worked on military and veterans affairs, and transportation and technology issues. He came to work here in my Washington office while continuing to serve his Guard unit in Nevada.

As I mentioned earlier, he also earned a master's degree in public administration from George Washington University, my alma mater, working full time when he was doing this.

He worked for me 4 years back here, and I asked him if he would return to Nevada. He is not from Las Vegas. He is from northern Nevada, Reno, but being the good soldier he is, he agreed to do this.

He has done a tremendous job in this very demanding position, and during all this, he continues to fulfill all his duties in the Army National Guard.

Colonel Herbert now has 29 years of service, which you would never believe if you met him because he looks so young. He is the State Army Aviation Officer, meaning he is in charge of all the Army aviation guard in Nevada.

He has more than 7,000 hours as a pilot, and that time is split about half with helicopters and half with airplanes.

In the Nevada Army National Guard, they mostly fly helicopters. They have the OH-58, which is used in counterdrug trafficking and the Blackhawk, which is an air ambulance unit, and the Chinook, which is used for heavy lifting and is especially useful for fighting fires. They also have a KingAir airplane.

We all trust people who work for us. We trust their judgment, and we rely on their experience and skill, but I literally trust Bob Herbert with my life, as he has flown me to various places around the State of Nevada.

I am very proud of this man, the way he represents me, the State of Nevada, and the Senate. I know all Nevadans are proud not only of Colonel Herbert but all the brave men and women who are serving our State and our Nation today.

Mr. President, this could not have been done without Senator Byrd and Senator Stevens. I have no objection.

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

Mr. President, if I could get the attention of the manager of the bill.

Mr. President, we have a number of Members in and out of the Chamber who want to know when they can offer amendments and/or speak. Senator Cornyn is here, Senator Feinstein, Senator Lautenberg is here. I wonder if at least for these three can we get a queue set up so they will know when they can be expected to speak.

If I could be recognized to further this dialog, I wonder if we could then have a consent agreement that the Senator from California be recognized for 10 minutes, the Senator from Texas be recognized on his two amendments for no more than 15 minutes, and the Senator from New Jersey would be recognized after that.

I ask unanimous consent that the Senator from California be recognized for 10 minutes; following that, the Senator from Texas be recognized for 15 minutes; and Senator Lautenberg be recognized for 15 minutes to offer his amendment.

Mr. President, Senator Byrd likely will not use that much time.

I suggest the absence of a quorum.

I announce that the Senator from Hawaii (Mr. Akaka), the Senator from Delaware (Mr. Biden), the Senator from California (Mrs. Boxer), the Senator from North Carolina (Mr. Edwards), the Senator from Florida (Mr. Graham), the Senator from Massachusetts (Mr. Kerry), the Senator from Georgia (Mr. Miller), and the Senator from Florida (Mr. Nelson), are necessarily absent.

I announce that the Senator from Hawaii (Mr. Akaka), the Senator from Delaware (Mr. Biden), the Senator from California (Mrs. Boxer), the Senator from Illinois (Mr. Durbin), the Senator from North Carolina (Mr. Edwards), the Senator from Massachusetts (Mr. Kerry) and the Senator from Florida (Mr. Nelson) are necessarily absent.

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

Mr. President, we are still on the bill being managed by Senators Lieberman and Collins?

I ask unanimous consent to lay aside any pending amendment.

On behalf of Senator Schumer, I ask unanimous consent it be in order to call up eight amendments, and after their reporting, they be set aside. Senator Schumer understands these can be acted upon in different ways, but we offer those on his behalf. He indicated to me that a number of these he thinks will be accepted. This gives the staff a chance to look at them and the manager can tell Senator Schumer which of those will not be accepted and he can come and debate those.

That is appropriate. I modify my request that that be the case.

I call up amendments numbered 3887 to 3894, en bloc.

While I have the floor, we have a lot more amendments filed than I ever dreamed. Everyone should understand there will have to be significant movement on this bill in the next 24 hours in the way of offering amendments. I hope people offer amendments tomorrow. It will be terribly embarrassing to the leaders if Monday we have nothing to vote on. I think that will not be the case, but I think we are to the point where there may have to be something done to move this along more quickly than it has been. That may include filing cloture in the next 24 hours.

Mr. President, I have a unanimous consent request. Will the Senator yield for a unanimous consent request?

Mr. President, I ask unanimous consent that when the leaders finish their statements, that Senator Kennedy be recognized.

Mr. President, I could not hear the Senator from Maine. She said there had been an order that the Senator be recognized?

My only inquiry here is, Senator Harkin wishes to speak for 10 minutes sometime. We recognize we should have gotten to the bill earlier than we have, but we didn't, and now with the dialog that has gone on Senator Harkin believes he needs to speak, so we need to somehow figure a way to allow him to do that.

The Senator from Maine has the floor. We understand that. But is there some way between the two managers we can get Senator Harkin some time here this morning? Otherwise he is just going to hang around and cause trouble.

That is fine. After the first vote today I ask unanimous consent Senator Harkin be recognized.

Senator Stevens to follow Senator Harkin.

It would be 15 minutes for Stevens, 15 for Harkin? Or unlimited for Stevens?

We understand Senator Stevens, being the President pro tempore of the Senate, can speak as long as he wants. Again I repeat, after the first vote Senator Harkin will be recognized for 15 minutes, and then Senator Stevens will be recognized.

Mr. President, basically what we have done, we now have a finite list of amendments. The two cloakrooms have hotlined every Senator, and we have, I am sorry to say, more than 200 amendments, but that is

the finite list, and the Senator from Pennsylvania is on the list.

Seven.

Mr. President, if the Senator will allow me to make a statement as to what we are going to do here for a minute, I will be very brief.

The two leaders have directed the two managers of the bill that the next step will be to get a filing deadline. Hopefully that will be in the next few hours. We may not be able to do it until tomorrow, but we are working as quickly as we can to make sure amendments people have submitted will be drafted. We are moving along as quickly as we can.

The list of amendments is as follows:

Shelby, Domestic Preparedness; Shelby, Domestic

Preparedness; Shelby, NID; Ensign, Relevant; Ensign,

Relevant; Inhofe, Relevant; Inhofe, Relevant; Inhofe,

Relevant; Inhofe, Relevant; Inhofe, Relevant; Inhofe,

Relevant; Inhofe, Relevant; Lugar, Relevant; Lugar, Relevant;

Voinovich, Presidential Appointments; Cornyn, Human

Smuggling; Cornyn, State and Local Law Enforcement; Cornyn,

Drivers Licenses.

Snowe, IG; Snowe, Red Teams; Snowe, NIE Reports; Snowe,

NCTC Reports; Snowe, Relevant; Snowe, Relevant; Allard,

Marshall Imagery; Allard, Personnel Authorities; Allard,

Personnel Authorities; Allard, Geospatial Informatrion;

Cornyn, Cyber Security; Grassley, Money Laundering/Terror

Financing; Grassley, IG/Whistleblower Protection; Grassley,

Visas; Grassley, Visas; Grassley, Related; Grassley, Related;

Grassley, Related.

Hutchison, Center for Alternative Intel. Analysis;

Hutchison, Relevant; McConnell, Related; McConnell, Related;

McConnell, Related; McConnell, Related; Domenici, Natl.

Critical Infrastructure Center; Domenici, Border

Surveillance; Domenici, WMD Intel. Center; Sessions,

Relevant; Sessions, Relevant; Sessions, Relevant; Sessions,

Relevant; Sessions, Relevant; Sessions, Relevant; Sessions,

Relevant; Sessions, Relevant; Sessions, Relevant; Sessions,

Relevant.

Kyl, Relevant; Kyl, Relevant; Kyl, Relevant; Kyl, Relevant;

Kyl, Relevant; Kyl, Relevant; Chambliss, Border Security;

Chambliss, Document Security; Chambliss, Relevant; Chambliss,

Relevant; Chambliss, Military Intel.; McCain, Relevant;

McCain, Relevant; McCain, Relevant; McCain, Relevant; McCain,

Relevant; McCain, Relevant; McCain, Relevant; McCain,

Relevant; McCain, Relevant; McCain, Relevant.

Roberts, NID Agency Control; Roberts, Definitions; Roberts,

IC/NFIP Programs; Roberts, IC/NFIP Programs; Roberts, Non-

NFIP DIA Programs; Roberts, Intel-Sharing; Roberts, NIDs

Authorities; Roberts, NIA; Roberts, NID; Roberts, Sect. 504

of Natl. Sec. Act of 1947; Roberts, NID Control of CIA;

Roberts, Reprogramming and Transfers; Roberts, New

Positions Subject to NID Concurrence; Roberts, NID

Authority; Roberts, NID Authority; Roberts, Analytic

Review Unit; Roberts, GC Provision; Roberts, IG Provision;

Roberts, NCTC and NIC Responsibilities; Roberts, SecDef

Responsibilities to NID for NIP; Roberts, NID Authority;

Roberts, NID Authority; Roberts, NID; Roberts, Relevant;

Roberts, Relevant.

Hatch, Punishment for Stowaways; Hatch, FBI Translators;

Hatch, Expedited Terrorist Removal; Warner, Relevant; Warner,

Relevant; Warner, Relevant; Warner, Relevant; Warner,

Relevant; Warner, Relevant; Warner, Relevant; Warner

Relevant; Warner, Relevant; Warner, Relevant; Warner,

Relevant; Warner, Relevant; Warner, Relevant; Warner,

Relevant; Warner, Relevant.

Stevens, Relevant; Stevens, Relevant; Stevens, Relevant;

Stevens, Relevant; Stevens, Relevant; Stevens, Relevant;

Stevens, Relevant; Stevens, Relevant; Stevens, Relevant;

Stevens, Relevant; Stevens, Relevant; Stevens, Relevant;

Stevens, Relevant; Stevens, Relevant; Stevens, Relevant;

Stevens, Relevant; Stevens Relevant; Stevens, Relevant;

Stevens, Relevant; Stevens, Relevant; Gregg, FBI; Gregg,

Relevant; Coleman, Information Network; Coleman, Strike;

Collins, Relevant; Collins, Relevant; Collins, Relevant.

Talent, Relevant; Burns, Federal Flight Deck Officer Prog.;

Burns, Relevant; Burns, Relevant; Specter, Relevant; Specter,

Relevant; Specter, Relevant; Specter, Relevant; Specter,

Relevant; Specter, Relevant; Specter, Relevant; Specter,

Relevant; Specter, Relevant; Specter, Relevant; Frist,

Relevant; Frist, Relevant; Frist, Relevant; Frist, Relevant;

Frist, Relevant; Frist, Relevant to any on list; Frist,

Relevant to any on list; Frist, Relevant to any on list;

Frist, Relevant to any on list; Frist, Relevant to any on

list.

Collins, Relevant; Collins, Relevant; Collins, Relevant;

Collins, Relevant; Collins, Relevant; Collins, Relevant to

any on list; Collins, Relevant to any on list; Collins,

Relevant to any on list; Collins, Relevant to any on list;

Collins, Relevant to any on list; Collins, Managers'

amdendments; Voinovich, Ethics in government.

Reserving the right to object, could we change that request to 2:15 p.m. rather than 2 o'clock?

The other is in the form of a question. What could happen here is one person could get the floor and keep it until 2:15. We need some ability to make sure there is an equitable distribution of time during the next 2 hours. I am wondering if the chairmen have an idea how we can divide the time. I see a couple of Senators on the floor. Any one of them could get the floor and talk until 2:15.

We have two votes set at 2:15. My question, though, is, are we going to divide the time prior to that or just let things happen as they will? That is fine with us.

Is my friend saying the debate is basically completed on these two amendments?

If the two managers don't have a concern, I don't either. What we would do is, if the statements are completed, there would be nothing wrong with people setting the amendments aside and offering other amendments.

I have no objection.

I announce that the Senator from Hawaii (Mr. Akaka), the Senator from North Carolina (Mr. Edwards), and the Senator from Massachusetts (Mr. Kerry) are necessarily absent.

I announce that the Senator from Hawaii (Mr. Akaka), the Senator from North Carolina (Mr. Edwards), and the Senator from Massachusetts (Mr. Kerry) are necessarily absent.

I want to make sure the record reflects that a large number of Senators on both sides of the aisle filed relevant amendments. We want to make sure those amendments are allowed to be offered in keeping with the order that was previously entered in this matter that states all amendments be related to the subject matter of the bill. So ``related'' should do the trick.

If the Senator will yield for just a brief comment, if Senators have already filed their amendments, do not do it again. All it does is confuse the staff. If Senators have filed the amendments, do not file them again. If there is some question, come and talk to the staff before sending over more amendments.

I ask the Senator from Nevada, Mr. Reid, be added as a cosponsor.

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

Mr. President, I have spoken to the necessary parties. I ask that this request be modified to allow Senator Byrd to speak for up to 20 minutes following the first vote we have tomorrow.

I have no objection to the request of the Senator from Alabama.

Reserving the right to object, Mr. President, we on this side note the intentions of the Senator from Pennsylvania. The two programs he talks about extending certainly have merit. I think if we had the opportunity to discuss them, offer amendments, and debate them, we could complete that very quickly.

The problem is that during the consideration of the welfare bill in March, the Senate passed a bipartisan amendment by a vote of 78 to 20 to put in $6 billion in childcare funding. It is my understanding the amendment my friend from Pennsylvania offers does not include that.

My question is, why should we create two new programs untested--but they appear to have some merit--without extending additional resources for childcare, something we know the Senate agrees to and we know parents need to succeed in the workplace?

I ask my friend, will the Senator modify his request to include the Snowe-Dodd amendment? If this were done, I think we could move forward on this very quickly.

To the second?

To the first? Yes.

I did not quite get what the unanimous consent was.

H.R. 4?

Mr. President, reserving the right to object, we have the timeline on this bill so it is unnecessary to go through it. I ask unanimous consent that it be printed in the Record as to what has happened.

Mr. President, at the time the debate was going forward on this most important bill, an amendment was offered by the Senator from California dealing with minimum wage. Immediately, cloture was filed. Cloture was not invoked.

We would have no problem going forward with the bill prior to going to conference, assuming the Senate seeks to resume H.R. 4 in the status it was when it was pulled from the floor which is, of course, the pendency of the Boxer amendment. So I ask my friend, the distinguished Senator from Pennsylvania, to modify his unanimous consent to allow us to proceed with H.R. 4 on the floor with the Boxer amendment pending.

I have a modification of the request pending.

I object to the underlying request and ask the Senator to allow a clean extension for 6 months of this most important legislation.

Mr. President, prior to my distinguished friend, the Senator from Kentucky, taking the floor, I inquire as to how much time is remaining with the majority?

Mr. President, if I could on behalf of Senator Daschle yield 15 minutes when our time comes to Senator Kennedy, 5 minutes to Senator Durbin, and 5 minutes to Senator Feingold.

What is the time left for the majority?

I have no objection at all. I know Senator Kennedy has been waiting a long time, but that is fine. Five minutes won't hurt him. I have no objection.

Mr. President, if I could, I will yield an additional 5 minutes to Senator Durbin and an additional 5 minutes to Senator Kennedy. That uses our entire 35 minutes.