Floor Statements

Mr. President, I rise today to honor a friend and an outstanding citizen of the Commonwealth of Virginia, Ambassador Jacques Paul Klein, on the occasion of his retirement from the U.S. Foreign Service.

Ambassador Klein was born in Selestat in the Alsace region of France in 1939 and spent the first 5 years of his life living in a war zone. When World War II ended, Ambassador Klein and his mother came to the United States in search of a better life and a brighter future. They settled in Chicago, where Mr. Klein worked his way through school and eventually joined the U.S. Air Force, volunteering to serve his new country in Vietnam. In so doing, he realized a dream that started as a young boy when he watched victorious allied fighter planes flying over France.

In 1971 Mr. Klein joined the Foreign Service. His initial tour of duty was in the Center of the Executive Secretariat, Office of the Secretary of State. He was posted abroad to serve as Consular Officer at the American Consulate General in Bremen, Germany. In 1979 he was selected to attend the National War College and upon graduation served as a Senior Advisor for International Affairs to the Secretary of the Air Force. In 1990 he once again answered the call of his country returning to Europe to serve as Senior Political Advisor to the Commander and Chief of the United States European Command in Stuttgart, Germany.

In 1996 United Nations Secretary General Boutros Boutros Ghali selected him to serve as Transitional Administrator for Eastern Slavonia and Baranya with the rank of Under Secretary-General. After directing another successful international mission, Ambassador Klein once again answered the call of his country--accepting the nomination of the U.S. Government as the Principal Deputy High Representative in Bosnia and Herzegovina.

In 1999 after more then 2 years of dedicated work to rebuild the war- torn Bosnia and Herzegovina, Mr. Klein was named by United Nations Secretary General Kofi Annan as Under Secretary General to the United Nations Mission in Bosnia and Herzegovina. Under the direction of Ambassador Klein, the UN Mission in Bosnia and Herzegovina completed the most extensive police reform and restructuring mission ever undertaken at the United Nations.

Ambassador Klein's distinguished career in the U.S. Foreign Service and U.S. Air Force and Air Force Reserve demonstrates his continued willingness to valiantly serve his country. In addition to retiring as Major General of the U.S. Air Force, Ambassador Klein has been awarded the Secretary of Defense Outstanding Public Service award, the Air Force Distinguished Service Medal, and a Bronze Star.

I am particularly proud of Ambassador Klein for his service to the United States and to the international community. His hard work and commitment to further the cause of international peace, to alleviate suffering, and to help those affected by international conflict have made him a respected member of the U.S. Foreign Service. His central goal in life has been to give something back, through his military and government service, to the country that took him in after World War II and provided him with so many opportunities. To that end, he has been a success that all Virginians and all Americans can be proud of.

I wish to extend my sincerest congratulations to Ambassador Jacques Paul Klein and his family on the occasion of his retirement. I am honored to recognize his many accomplishments and applaud his distinguished service to our great Nation.

Mr. President, I am pleased to join Senator Blanche Lincoln, D-AR, and Senator Olympia Snowe, R-ME, in proposing important bipartisan legislation to accelerate the refundable portion of the child tax credit to low-income families. As chairman of the Senate Armed Services Committee, I have a special obligation to look after the welfare of the young men and women of the U.S. Armed Forces, up to 200,000 of whom could be eligible for and deserve this tax credit.

Over the past few weeks, we in Congress, have worked hard to pass the economic stimulus package to promote long-term economic stability, and to stimulate investment and new job creation. While these provisions will provide substantial relief to America's families, our work is not yet complete.

Included in the tax package were provisions to immediately increase the Child Tax Credit from $600 to $1,000 an important tax reform that we all support. However, the new law did not

make the necessary technical changes in the refundability component which is necessary for certain low-income individuals to take advantage of the increase. I believe in providing fair and equitable tax relief to all Americans, especially to those raising children, our Nation's future.

Providing tax relief is an important bipartisan achievement. Now we must build on this accomplishment by correcting this oversight and ensure that these hard working families are not ineligible for this needed benefit. The legislation I am cosponsoring will correct the inequity and provide low-income families, those who need it the most, the full tax credit.

The bill accelerates the refundable part of the new $1,000 child tax credit provision from 10 to 15 percent, so American families in the $10,500 to $26,625 income bracket, who were not included in the new tax law, would receive the same benefits as those families with children in other brackets.

The costs attributed to accelerating the child tax credit would be offset by closing corporate tax shelters. However, the important task before the Senate is to correct this oversight and provide these low- income families with fairness and the ability to take advantage of the increase in the child tax credit.

I am also cosponsoring related legislation introduced in the Senate by Finance Chairman Grassley to correct this issue and also to make the child tax credit and the refundable portion of the tax credit permanent law.

It is my hope that we can pass either of these legislative proposals, or any other similar approach, to correct this inequity. We have a responsibility to American families trying to care for their children, using their resources as best they can, to provide fair and equal treatment under the Tax Code.

I thank the distinguished Senator.

Mr. President, I am not here to in any way suggest what went right, what went wrong. My understanding is there is a reconciliation of viewpoints now. We have before us the opportunity to provide for this child tax credit for a category of individuals who, for reasons that I am certain the record explains, were preempted from the legislation.

Upon learning this, as others did--largely through press accounts--I immediately called my distinguished chairman, Mr. Grassley; I called my distinguished friend from Oklahoma, Senator Nickles; I called Mrs. Lincoln and could not get a phone through to Montana, but I made an effort to try to reach you.

Rural electrification.

But anyway, Mr. President, I feel very strongly that the men and women of the Armed Forces--some 200,000-plus families--very much need this benefit. They are the ones who have fought in Iraq and Afghanistan and who are all throughout the world taking risks, basically, the enlisted ranks.

I feel strongly that this great institution--the Senate--wants to be on record that one of the reasons to go forward, hopefully, and adopt the measure now pending before us is on behalf of the men and women of the Armed Forces of the United States.

I thank the Chair and I yield back such time as I might have.

Mr. President, I rise today to recognize and pay tribute to an outstanding officer, CPT Charles A. Bush, on the occasion of his retirement from the Department of the Navy. It is a great honor for me to take this opportunity to thank Captain Bush and his family for his 27 years of distinguished and dedicated service to our Nation. Over the last quarter of a century, he has proudly and selflessly served his Nation in defense of freedom.

Few of us can appreciate the true awe of the U.S. aircraft carrier as well as Captain Bush can. During his career he served the aircraft carrier community in many facets: naval aviator, engineer officer, maintenance coordinator, and most recently as program manager for in- service aircraft carriers.

During his tenure as program manager, Captain Bush oversaw the construction of the USS Harry S Truman, CVN 75, and Ronald Reagan, CVN 76, the complete refueling and complex overhaul of the first Nimitz- class carrier, USS Nimitz, CVN 68, the commencement of the second Nimitz-class carrier to undergo a refueling and overhaul--the USS Dwight D. Eisenhower, CVN 69, as well as the maintenance planning for the in-service carrier force at the highest possible level of readiness.

His innovative concepts, motivational leadership, and personal energy have produced exactly what was required to support these national assets--dramatic streamlining of processes and organizations, reduced maintenance cost and cycle time, and a government and commercial workforce trained for and ready to take these concepts forward. The culmination of his efforts can be no better illustrated than by the successful surge of carriers in support of both Operation Enduring Freedom and Operation Iraqi Freedom. Captain Bush's son, Nicholas, now has the distinct honor to continue the family's great service to our Nation onboard the USS Nimitz. Nicholas is a naval flight officer assigned to VAQ-135, NAS Whidbey Island, WA, and was recently deployed in support of Operation Iraqi Freedom.

It is my honor to recognize Captain Bush for his distinguished service to our Nation. As a veteran of World War II and Korea, I have the highest respect for those who serve in uniform, and I appreciate and honor all the men and women who have served, and continue to serve, in defense of freedom. Recalling our national anthem, to our veterans and Armed Forces, I say, we would not be ``the land of the free'' were we not also the ``home of the brave.'' My colleagues and I wish Captain Bush and his family continued success and the traditional naval wish of ``Fair winds and Following seas'' as he closes out his military career.

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

Mr. President, I commend my colleagues on this timely and very compassionate initiative. I particularly thank, on my side, Senator Sessions, Senator Cornyn from Texas--who momentarily will address this issue--and Senator Kyl, who talked to me this morning. He expressed that the two of you had reconciled, in large measure, some concerns that he had.

So I say to Senator Kennedy, we thank you for taking this initiative. We have all worked diligently as a team to provide this situation. Each of us knows the distinguished service by those who come from lands abroad in the Armed Forces of the United States. It is a part of our history, and it is a traditional means of demonstrating the allegiance and commitment to the ideals of this Nation to which these individuals have come to join our society.

I believe this amendment--which would shorten the waiting period from 3 years to 2 years for noncitizen service members, both Active Duty and Reserve, and which eliminates fees for

processing, and which extends an accelerated naturalization process to certain spouses and parents and children of deceased alien members--has great merit and should be supported.

At this time, Mr. President, I yield such time as the distinguished Senator from Texas desires.

Mr. President, to my knowledge, there are no other speakers on this side of the aisle.

Mr. President, I observe no other speakers to this important amendment. The managers of the bill are prepared to take it on a voice vote. Therefore, I urge adoption of the amendment.

Mr. President, I move to reconsider the vote.

Mr. President, we will proceed to a second amendment. Prior to that being done, I wish to advise the Senate there is a third amendment regarding the BRAC process which will

be introduced by the Senator from North Dakota and the Senator from Mississippi. At this time, so the Senate is aware, we will ask for the yeas and nays on the amendment that will be offered.

We will wait.

Mr. President, our committee through the years has addressed this very important amendment. I, too, commend the distinguished Senator from Nevada, who has been the spearhead, together with others, on this issue. He has enumerated others, including Senator McCain on this side, who have fought so hard for this measure. Senator Levin just spoke of his endorsement, and I now add mine.

I don't wish to prolong this because in last year's record I spoke extensively on this measure. Each time I have addressed it, I have mentioned I have had two brief tours of active military duty, but pretty much of a lifetime association with the Reserves and the Guard in my State and others. My military career is insignificant compared to that of many valiant members of the Armed Forces, generations of whom, hopefully, are to be benefited, quite properly and justifiably and fairly, by this legislation.

I see no further speakers on our side.

Mr. President, I am deeply humbled by Senator Reid's kind remarks. I wish to say, certainly this is not about my own career. I always felt I benefited more from my brief tour of military service than did the military for my service in those days. I tried to, in a sense, pay back so that other members of the service today can have the same and greater benefits than I had. I would never have received a college education in all probability had it not been for the GI bill.

Although I did serve twice, I never placed myself in the category of combat arms and the valorous heroes of this great country but did my duty, as millions of others have, and was privileged to do so.

On the Committee of Armed Services, no one could have a more wonderful working partner than my colleague from Michigan. We have sat side by side this quarter of a century, but we have achieved a high water mark of bipartisanship because we are really there to be responsive to the needs of the men and women of the Armed Forces and the overall security needs of our country. As each President has sent forth his message to the Congress, we have done our best to fulfill that message.

I thank my colleague from Nevada and thank my colleague from Michigan.

We must move on, Mr. President.

(Laughter.)

Senator Levin should know my sentiments.

I move to reconsider the vote.

Mr. President, we are about to turn to an amendment by our colleague from North Dakota and our colleague from Mississippi. I say to these two fine, outstanding colleagues, while I must oppose this amendment, I have rarely seen such extraordinary tenacity as exhibited by these two Senators in their strong convictions with regard to the matter that is about to be put forward. I wonder if the two Senators will offer the amendment, and then I wish to do a housekeeping measure with regard to the vote.

Mr. President, I wonder if I may ask for the yeas and nays on this amendment.

Mr. President, I ask unanimous consent that any votes ordered with respect to H.R. 1588 be postponed to occur at 2:50 p.m. today; provided further, that immediately following disposition of any pending amendments, the bill then be read a third time and the Senate proceed to a vote on passage, as provided for under the previous order. I further ask unanimous consent that passage of S. 1050 be vitiated, and that following the passage of H.R. 1588, the Senate substitute be printed as passed.

It is always a challenge, Mr. President, to go toe to toe with my distinguished colleague from Mississippi. The citizens are blessed for having such a powerful and respected voice in the Senate. We have had a long and strong relationship. I am still proud to call you leader. And you exhibit that leadership and have done so magnificently, particularly here recently.

Quickly, I digress from what I intended to say by way of opening with a couple of points. That is, the BRAC process will not begin until Congress has received and reviewed an overseas basing master plan from both the administration and an independent commission to Congress authorized in the bill. Both of these reports should be available by August 2004. That is an important point raised. We have addressed it. That information will be before the Congress.

Second, under the law as written, the Senator brings out a series of points about what this law does to protect us. There is quite a litany of steps. Congress will have numerous opportunities during the process to affect BRAC actions.

First, Congress will review by joint resolution the proposed BRAC criteria submitted by the Department of Defense to Congress in February 2004.

Second, Congress will review the DOD proposed force structure in February 2004 and can pass legislation at any point in the process to terminate the authority.

Third, Congress can exercise ``advise and consent'' prerogatives on nominees to the BRAC commission.

Fourth, Congress has 45 days after receiving the commission's list of recommended base closures and realignments to pass a motion of disapproval.

The law has carefully been drawn to protect the interests of the several States and to give the tools to its elected representatives, Senate and House, to step into this situation at a series of junctures to protect the interests of their constituents as this process goes on.

I pick up on another phrase used by my distinguished leader. With respect to the BRAC process, he enumerated his long association. Indeed, I have had quite an association with it myself. I suppose I go back to 1969 to 1974 when I was in the Navy Secretariat and had the decision to close, for example, the Boston Naval Shipyard and the Newport, RI, destroyer base. I am reminded of that on the floor of the Senate with great frequency by the colleagues from those distinguished States.

Nevertheless, in those days we did not have a BRAC process. The Secretary of Defense, in consultation with his Service Secretaries-- Navy, Army, and Air Force--moved unilaterally.

Congress came in. I remember going through days of hearings in the Senate caucus room. There must have been a dozen cameras focused on us while the various Members of the Congress berated this humble public servant, and the Chief of Naval Operations sitting next to me, with regard to the faulty process. Nevertheless, we had to move on.

At that point in time, we were overburdened with an infrastructure that simply no longer was needed to support the size of the forces we had. That is the very thing we are confronted with today.

For example, since the late 1980s, the Department has reduced force structure by 36 percent. That is the numbers of men and women in uniform, Guard and Reserve. But infrastructure--that is the barracks, the bases, the airfields, the training grounds that support that force--has been reduced only by 21 percent. That is showing the total disjunction between force level personnel and infrastructure to support and train those personnel.

A 1998 DOD BRAC report to Congress, validated by the Congressional Budget Office, indicated the Department of Defense had 23 percent excess capacity. That basically still remains. I ask my colleagues, what businessperson in your State does not evaluate their infrastructure and determine what is needed and what must be disposed of in order to maintain the basic profit line and viability and the ability to keep its employees? Of course, we accept that as a pattern of business.

I say most respectfully, the Department of Defense is a business, a very large business involved in a mission that is vital to the security, today, tomorrow, and in the indefinite future of this country. The management of that business--four Presidents in sequence and the Secretaries of Defense acting under those Presidents--has come before the Congress and asked for the authority to bring into alignment the base structure as this country is rapidly moving, under the leadership of the current Secretary of Defense, to a transition of the Armed Forces so we can keep apace with modernization; whether it is the smart bombs we saw that were used in the most recent conflicts, or the new ships that are on the drawing board, or, frankly, the lifestyles of the soldiers, sailors, and marines.

When I was privileged to serve--we mentioned that more than we should this morning--I remember I slept in a barracks with 50 people all in one room. I was only 17 or 18. We got quickly adjusted to the lifestyle. We shared all types of facilities in World War II.

Today, we try to give our men and women of the Armed Forces living compartments, once recruit training is completed, where they have a certain measure of privacy and personal dignity that I think is owing to these people who volunteer today.

We cannot retain much of this infrastructure which is outdated, which still requires that it be heated, painted, maintained, drawing down O&M funds vital to build new facilities for the men and women of the Armed Forces.

I could go on about the needs of the services, but I bring to the attention of the Senate the letters that have been forwarded to this body. As a matter of fact, the letter approved by the President of the United States has just been sent to me at this very moment.

I will ask unanimous consent, during the course of this debate, that I can have printed in the Record letters from the Administration. Indeed, one from the Secretary of Defense makes it very clear that:

The authority to realign and close bases we no longer need

is an essential element of ensuring the right mix of bases

and forces within our warfighting strategy as we transform

the Department to meet the security challenges of the 21st

century.

Then the concluding paragraph--this particular letter went to the House of Representatives, but basically an identical one is being transmitted to the Senate:

If the President is presented a bill to repeal or delay

BRAC, then I [the Secretary of Defense] would join other

senior advisers to the President in recommending that he veto

any such legislation.

Also accompanying that letter is a letter to me of 3 June, by the Chairman of the Joint Chiefs of Staff, supporting this current posture of BRAC; namely, that it is law today and joining me in urging Senators not to vote for the present legislation. I will quote the Chairman, General Richard Myers:

In an environment where resources are scarce, we must

eliminate excess physical capacity to allow for increased

defense capability focused on ``jointness.''

There we are. The two spokesmen who are entrusted by law--not the BRAC law but the overall framework of the law of the United States as it relates to our security structure--these two men state unequivocally their opposition to the amendment that is presently before this Senate.

I want to return to Senator Lott's comment when he said ``Never say never,'' which indicates maybe someday a BRAC procedure. Senator Lott very accurately portrayed the turmoil in the States, the

cities, the towns, and the villages where military installations are located. It is a very painful procedure by which the Department has to evaluate each of those installations and make the determinations which are no longer needed for the viability of a modern military. Consequently, the mayors, the city councils, the Governors are working very hard--I know in my State--as they are in each of your States at this time to prepare themselves for the unknowns of BRAC. Considerable dollars in the local budgets, and in the State budgets, are expended to hire those individuals they believe are expert in how best to go before the BRAC Commission, should a base or a facility in that State be put on the DOD list. The Governors can address that Commission, and indeed the Members of Congress, to state the case for not closing a base.

All this is going on at great expense. As Senator Lott said, ``Never say never.'' Congress has spoken. It has put a law on the books under which our President is currently operating. He has indicated he is not going to let that law be removed. So if we take action today and send a signal that the Senate is repealing the previous law, there is a long course of uncertainty as to whether or not that decision by the Senate will stand. This President, whom I have come to respect enormously, when he says he is going to do something, does it. These communities-- as Senator Lott says, ``Never say never''--will be in a great state of uncertainty for an indefinite period of time.

I do not say this by way of any threat. It is my own opinion. I believe the law that has been adopted by the President, that is in force, is going to stay in force. We better recognize that and get on with the business of this Nation to properly enable those of responsibility to realize the force and base structure of this country.

I yield the floor.

I ask unanimous consent the Senator from Michigan be given 5 minutes--add an extra 5 minutes to both sides. As I understand, there is another Senator. Let's suggest we add another 10 minutes to both sides.

Mr. President, I yield time to myself.

I thank my colleague from Arizona. He, with a great sense of humility, can refer to his own long association with the Active and, indeed, Reserve and Guard Forces throughout this country. He knows full well that the purpose of the BRAC is to enable the men and women of the Armed Forces to have a better lifestyle together with their families-- that coupled with the desperate need to continue with the modernization and transformation of these Armed Forces. I thank my colleague for his participation and strong support to maintain what is law today, and which law gives Congress adequate opportunity, as I have said, to protect the interests of our States.

I enumerated there are several parts of the bill which provide that. I enumerated very clearly they were going through quite a process with regard to the evaluation of overseas bases prior to final decisions on the BRAC. I believe Members have a role of participation to come in the days, months, and whatever period it takes.

Mr. President, I now have in hand the letter from the Secretary of Defense as authorized by the President. I have referred in part to an earlier communication from the Secretary of Defense to the House. It is parallel to the one received by the Senate, strongly stating the essential nature of this and concluding:

If the President is presented a bill that amends the BRAC

authority passed by Congress two years ago . . . then I would

join other senior advisors to the President recommending that

he veto any such legislation.

That is a perilous route to put the Senate in with regard to this important piece of legislation. In my years here, I have witnessed our legislation contested to the very last minute and how the Appropriations Committee then had the distasteful task of trying to pick out those portions of our bill which had to become law. So much of the work--of all the Members, not just the committee members--in that bill is lost in that process of dissembling our bill and putting portions on the Appropriations bill as it goes forward.

I strongly urge that this amendment be rejected by the Senate. As I understand, Mr. President, the vote takes place at 2:50 today.

Now, Mr. President, all time has expired but I see the presence of a very valued member of our committee, the Senator from Oklahoma, so I ask unanimous consent that he be given 5 minutes to speak to this matter. Regrettably, he is not aligned with the chairman, but occasionally that occurs. I ask that his remarks be included as if stated within the time limitation.

Then he is within the bounds of his right to exercise such time as he wishes under the 10 minutes.

Mr. President, I understand that S. 1174 is at the desk and is due for its second reading.

Mr. President, I ask that the Senate proceed to the measure and I object to further proceeding.

I move to reconsider the vote.

Those amendments will not be forthcoming.

I thank all Senators for their participation. This last vote was not an easy vote. Nevertheless, it came out in the best interests of our national security. I thank my distinguished colleague, the ranking member. I thank the whips, the Senator from Nevada, the Senator from Kentucky, the two leaders, Senator Frist, Senator Daschle, and particularly the members of the Senate Armed Services Committee and our fine staffs for enabling this bill to be put forward and voted favorably.

On the last matter, I move to reconsider the vote.

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

Mr. President, I ask unanimous consent the engrossment of S. 1047 as earlier passed by the Senate be corrected by inserting the amendments to H.R. 1588 agreed to today in the respective bills as follows: S. 1047, amendment No. 847, Kennedy-Cornyn-Brownback-McCain; amendment No. 848, Reid-Inhofe.

Further, Mr. President, I ask unanimous consent that with respect to S. 1047, as corrected, S. 1048, and S. 1049, if

the Senate receives a message with respect to any of these bills from the House of Representatives, the Senate disagree with the House on its amendment or amendments to the Senate-passed bill and agree to or request a conference, as appropriate, with the House on the disagreeing votes of the two Houses; that the Chair be authorized to appoint conferees, and that the foregoing occur without any intervening action or debate.

I thank the Chair. Further, I ask unanimous consent that S. 1050, as previously passed by the Senate, be returned to the calendar.

I thank the Chair.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Wednesday, June 4, 2003, at 9:30 a.m. on FCC Oversight.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, June 4, 2003 at 9:30 a.m. on hold a hearing on Iraq Stabilization and Reconstruction.

Mr. President, I ask unanimous consent that the Committee on Governmental Affairs be authorized to meet on Wednesday, June 4, 2003, at 9:30 a.m. for a hearing entitled ``Transforming the Department of Defense Personnel System: Finding the Right Approach.''

Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Wednesday, June 4, 2003 at 10:00 a.m. in Room 485 of the Russell Senate Office Building to conduct a hearing on Proposals to Amend the Indian Reservation Roads Program-- S. 281, the Indian Tribal Surface Transportation Improvement Act of 2003, and S. 725, the Tribal Transportation Program Improvement Act of 2003.

Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Wednesday, June 4, 2003 at 2:00 p.m. in Room 485 of the Russell Senate Office Building to conduct an oversight hearing on Impacts on Tribal Fish and Wildlife Management Programs in the Pacific Northwest.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a hearing on ``Solving the Asbestos Litigation Crisis: S. 1125, the Fairness in Asbestos Injury Resolution Act of 2003'' on Wednesday, June 4, 2003, at 10 a.m., in the Hart Senate Office Building Room 216.

Witness List: Professor Laurence H. Tribe, Ralph S. Tyler, Professor of Constitutional Law, Harvard Law School, Cambridge, MA; Jennifer L. Biggs, Tillinghast-Towers Perrin, St. Louis, MO; Dr. Mark A. Peterson, Legal Analysis Systems, Thousands Oaks, CA; Fred Dunbar, Senior Vice President, National Economic Research Associates, New York, NY; Professor Eric D. Green, Boston University School of Law, Boston, MA; Robert Harwick, Chief Economist, Insurance Information Institute, New York, NY; Dr. James D. Crapo, M.D., Department of S/M Pulmonary Sciences/Critical Care Medicine, National Jewish Medical Research Center, Denver, CO; Dr. Laura Stewart Welsh, M.D., Medical Director, Center to Protect Workers Rights, Silver Spring, MD; and Dr. John E. (Jack) Parker, M.D., Department of Medicine, University of West Virginia, Morgantown, WV.

Mr. President, I ask unanimous consent that the Committee on Small Business and Entrepreneurship be authorized to meet during the session of the Senate for a hearing entitled ``SBA Reauthorization: Programming for Success'' and other matters on Wednesday, June 4, 2003, beginning at 2 p.m. in room 428A of the Russell Senate Office Building.

Mr. President, I ask unanimous consent that the Subcommittee on Public Lands and Forests of the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Wednesday, June 4 at 10 a.m. to receive testimony regarding S. 391, the Wild Sky Wilderness Act of 2003; S. 1003, to clarify the intent of Congress with respect to the continued use of established commercial outfitter hunting camps on the Salmon River; H.R. 417, to revoke a public land order with respect to certain lands erroneously included in the Cibola National Wildlife Refuge, California; and S. 924--to authorize the exchange of lands between an Alaska Native Village Corporation and the Department of the Interior, and for other purposes.

I ask unanimous consent that on vote No. 203 my vote be changed from nay to aye. There is no consequence.

Mr. President, it is with great pride that I, along with my colleague from Virginia, Mr. Allen, come before you today. I come in support of a resolution submitted by Mr. Allen and myself commemorating the University of Virginia Men's Lacrosse Team, who defeated Johns Hopkins University for the 2003 NCAA National Championship last Monday. I would like to congratulate the head coach, Mr. Dom Starsia, his staff and the 41 young men on the UVA lacrosse team for a job well-done. The Cavaliers finished the season with an impressive record of 15 wins and 2 losses and had 8 players receive All-American Honors. Goalie, Tillman Johnson, received Most Outstanding Player honors for leading Virginia to victories over the University of Maryland and Johns Hopkins University during the NCAA tournament. These student-athletes deserve this chamber's recognition for their commitment to excellence through their dedication to the UVA lacrosse team and the academic rigors of the University of Virginia during this successful season. The people of Virginia take great pride in their state colleges and universities, and the success of the University of Virginia lacrosse team is a testament to the great accomplishments, both in the classroom and on the athletic field, made by Virginia schools during the past year.

The players follow: Mike Abbott, Andrew Agoliati, Jimmy Barter, Ryan Binder, Ned Bowen, Doug Brody, Patrick Buchanan, David Burman, John Christmas, Michael Culver, Jack deVilliers, Kyl Dixon, Andrew Faraone, Jon Focht, Newton Gentry, Foster Gilbert, Brendan Gill, Billy Glading, Charlie Glazer, Zach Heffner, Brett Hughes, Tillman Johnson, Hunter Kass, Nathan Kenney, Ted Lamade, Jared Little, Kevin McGrath, J.J. Morissey, Justin Mullen, Chris Ourisman, Matt Paquet, Matt Poskey, Derrick Preuss, Chris Rotelli, A.J. Shannon, Hatcher Snead, Calvin Sullivan, Ryan Thompson, Matt Ward, Trey Whitty, Joe Yevoli.

The coaches follow: Dom Starsia, David Curry, Marc Van Arsdale, Hannon Wright.

Mr. President, first, I wish to say how pleased I am to recognize our guest Chaplain for the day, who is now preaching the gospel in the Commonwealth of Virginia, and with roots to Great Britain, a nation which has been our ally for over 200 years after we settled a mild difference in 1776. But I must say that his message was most appropriate for the day. The magnificent way in which he delivered that message, I felt as if it reverberated through the rafters because of the resonance of that powerful voice. We welcome him.

Mr. President, last evening, owing to the great help of many persons, not the least of whom is the distinguished Democratic whip who is here on the floor with me this morning, the bill of the Armed Services Committee made remarkable progress. Through the night, the staff on both sides prepared another significant collection of amendments which will soon be brought to the Senate for clearance.

When the Senate resumes consideration of the bill today, the Murray amendment will be laid aside, and Senator Daschle, or his designee, will be recognized to call up amendment No. 791 regarding the Department of the Air Force.

For the information of all Senators, amendments are expected throughout the day, and therefore rollcall votes will occur as designated by the leadership. It is the managers' hope--and, indeed, I may say from the Chaplain's prayer--that this bill will be concluded, hopefully, by midday today.

I know of several amendments on both sides which I believe we can work our way through. Some of them require the attention of the Senate, of course, with a rollcall vote.

With that, I yield the floor.

Mr. President, if I might ask the distinguished leader and ranking member, we are prepared to accept the offer made last night with regard to time on the Boxer amendment.

Mr. President, we are prepared to accept that.

Mr. President, will the Senator enter into an agreement with the chairman for a one-hour time agreement on the Boxer amendment which does not preclude an amendment in the second degree?

Mr. President, if I could have the attention of the distinguished leader and ranking member, my understanding is that amendment requires a further amendment, and then it is in an acceptable form. Am I not correct?

Mr. President, I thank the distinguished leader. Perhaps in the course of the debate this morning we can reach that agreement quickly.

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

Mr. President, I first express to colleagues in the Senate our appreciation for their patience. We have achieved remarkable results, in my judgment, under the guidance of the distinguished Democratic whip and the Republican whip on this side, helping the two managers.

Mr. President, my colleague Senator Levin and I wish to turn to a package of some 30 agreed-upon amendments. At the conclusion of that, we will entertain a unanimous consent request which should pretty well keep us in motion here.

Amendment No. 804

Mr. President, I offer an amendment on behalf of Senator Smith which will authorize land exchange at the Naval and Marine Corps Reserve Center in Portland, OR.

Mr. President, I move to reconsider the vote.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Amendment No. 707, as Modified

On behalf of Senator Inhofe, I offer an amendment that supports Army research and development funding for human tissue engineering. It has been cleared on both sides.

Mr. President, I move to reconsider the vote.

It is cleared on both sides.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Amendment No. 787, As Modified

On behalf of Senator Santorum, I offer an amendment to support naval research and development for nonthermal imaging systems. The amendment has been cleared on both sides.

Mr. President, I move to reconsider the vote.

I move to lay that motion on the table.

The motion to lay on the table was agreed.

Amendment No. 788, As Modified

I offer an amendment to make available funds for operation and maintenance for the Army Reserve for information operations for Land Forces Readiness-Information Operations Sustainment. This amendment has been modified to provide offsets.

Mr. President, I move to reconsider the vote.

Mr. President, it is cleared on both sides.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Amendment No. 808

Mr. President, on behalf of Senator Santorum, I offer an amendment that adds $2 million for the Army for the procurement of rapid infusion pumps.

The matter has been cleared on both sides.

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.

Amendment No. 743, As Modified

Mr. President, on behalf of Senator Graham, I offer an amendment which adds $8 million to Marine Corps research and development funds for development of the collaborative information warfare network in the critical infrastructure protection center.

Mr. President, I move to reconsider the vote.

Mr. President, on behalf of Senator Lott, I offer an amendment which would add $2 million in Research, Development, Test and Evaluation funding for the development and fabrication of composite submarine sail test articles.

Mr. President, this amendment has been cleared on both sides.

Mr. President, I move to reconsider the vote.

Mr. President, on behalf of Senator Santorum, I offer an amendment to support Army research and development for portable mobile emergency broadband systems.

Mr. President, I move to reconsider the vote.

Mr. President, on behalf of Senator Domenici, I offer an amendment which would add funds for research and development of boron energy cell technology.

Mr. President, I move to reconsider the vote.

Mr. President, on behalf of Senator Cochran and others, I offer an amendment which makes available funds for the Arrow ballistic missile defense system.

Mr. President, likewise, I ask unanimous consent to be added as a cosponsor.

Mr. President, I move to reconsider the vote.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Amendment No. 811

Mr. President, I offer an amendment which would amend section 2611 of the United States Code title X to allow the Secretary of the Navy to accept guarantees as gifts for the construction of a United States Marine Corps Heritage Center, enabling the center to be completed in time for the 230th anniversary of the United States Marine Corps in November of 2005.

It has been cleared on both sides.

Mr. President, I ask unanimous consent that there be a period throughout the remainder of the day for those who wish to be added as cosponsors of this amendment to so indicate to the Presiding Officer their desire.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Amendment No. 737

Mr. President, the amendment has been cleared on both sides.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Amendment No. 812

Mr. President, on behalf of Senator McCain, I offer an amendment to provide emergency and morale communications programs.

The amendment has been cleared on both sides.

Mr. President, I move to reconsider the vote.

Mr. President, on behalf of Senator Hutchison, I offer an amendment expressing the sense of the Senate that United States air carriers should offer reduced fares and flexible terms of sale to members of the United States Armed Forces. This is a timely message to the airlines of a way in which they can show their support to military members.

Mr. President, I move to reconsider the vote.

Mr. President, on behalf of Senator Chambliss, I offer an amendment to modify the program element of the Army's short range air defense radar research and development program.

Mr. President, I move to reconsider the vote.

Mr. President, it is cleared on both sides.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Amendment No. 816

Mr. President, on behalf of Senator Bennett, I offer an amendment to require a Department of Defense study of the adequacy of the beryllium industrial base.

I move to reconsider the vote.

Mr. President, on behalf of Senators McCain, Sessions, Lindsey Graham, and Bayh, I offer an amendment which would add reporting requirements to a report on the NATO Prague Capabilities Commitment and the NATO Response Force.

The amendment has been cleared on both sides.

I move to reconsider the vote.

Mr. President, the matter is cleared on both sides.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Amendment No. 819

Mr. President, on behalf of myself, I offer an amendment which supports the network centric operations at minority colleges and universities.

Mr. President, I ask unanimous consent that the junior Senator from the State of Virginia, Mr. Allen, be added as a cosponsor of the amendment.

I move to reconsider the vote.

Mr. President, on behalf of Senator Bunning, I offer an amendment that expresses the sense of the Senate about upgrading the chemical agent sensors at the chemical stockpile disposal sites in the United States.

We have no objection. This has been cleared on both sides.

I move to reconsider the vote.

Mr. President, on behalf of Senator Sessions, I offer an amendment which directs the Secretary of Defense to conduct a study on the adequacy of the benefits for survivors of military personnel who die on active duty. This amendment, and the study it directs, I am confident, will provide a catalyst for necessary evaluation and change in the manner in which families are compensated after the death of loved ones serving in uniform.

Mr. President, I ask unanimous consent to be added as a cosponsor to this amendment.

I move to reconsider the vote.

I move to reconsider the vote.

Mr. President, on behalf of Senator Bunning, I offer an amendment which would authorize a multiyear procurement for the Phalanx Close In Weapon System program, Block 1B, for the Navy.

I move to reconsider the vote.

Mr. President, I offer an amendment that would provide an equitable offset for any fee charged the Department of Defense by the Department of State for maintenance, upgrade, or construction of United States diplomatic facilities.

I move to reconsider the vote.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Amendment No. 824

There has been a clearance on this side.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Amendment No. 785

(Purpose: To strengthen the authority under section 852 to provide

Federal support for the enhancement of the emergency response

capabilities of state and local governments)

Mr. President, it has been cleared on this side. I ask unanimous consent that the Senator from Virginia be added as a cosponsor.

Mr. President, I believe we are ready to proceed.

Yes.

May I suggest we put in a quorum call.

The Senator from Virginia suggests the absence of a quorum.

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

Mr. President, I ask unanimous consent that the Senate now resume consideration of the Murray amendment, No. 691, and there then be 60 minutes of debate, equally divided in the usual form, prior to a vote in relation to the amendment, with no amendments in order to the amendment prior to the vote.

Yes, that is acceptable.

Mr. President, I ask unanimous consent that following the amendments, that only amendments in order are relevant under the original agreement and subject to relevant second-degree amendments.

We have a package of amendments. There are additional amendments, all of which must be in conformity with the unanimous consent, pending relevancy at the desk. All have to be checked through that system. They are: First, Durbin; second, Domenici; third, Landrieu; fourth, Kerry. Further, Senator Grassley has an amendment. All of these have to be passed through the parliamentary unanimous consent.

I say to my distinguished colleague, there is a Boxer amendment regarding contracting, subject to a relevant second degree.

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

Mr. President, again I proceed to a unanimous consent request as follows: I ask unanimous consent that the Senate now resume consideration of the Murray amendment No. 691, and there then be 60 minutes of debate equally divided in the usual form prior to a vote in relation to the amendment, with no amendments in order prior to the vote; I ask consent that the following amendments be the only amendments in order and be relevant as under the original agreement and subject to relevant second degrees: A package of amendments that have been cleared and are being cleared by both managers; the Boxer amendment regarding contracting and subject to relevant second degree; Domenici amendment on border security, to be resolved; Kerry, air travel; Landrieu, subject to being relevant; Grassley, ground systems, subject to relevancy.

I ask unanimous consent that following disposition of the above amendment, the bill be read a third time, and the Senate then proceed to a vote on passage of the bill with no intervening action or debate.

Mr. President, I now ask unanimous consent that at a time determined by the majority leader, after consultation with the Democratic leader, the Senate proceed to the consideration of S. 1104, introduced by Senator Brownback, relating to parental notification, provided that immediately upon the reporting of the bill, the majority leader or his designee be recognized in order to file a cloture motion on the bill. I further ask consent that there then be 60 minutes for debate only, equally divided between Senators Brownback and Murray, and that following that debate time, notwithstanding the provisions of rule XXII, the Senate proceed to an immediate vote on the motion to invoke cloture on the underlying bill, without intervening action or debate; provided further that if cloture is not invoked, the bill be placed on the calendar. If cloture is invoked, I would ask consent that it be in order to file first-degree amendments up to the cloture vote, and second-degree amendments up to 3 hours after the vote.

I thank the distinguished Democratic leader. He has been too modest to say he, together with the distinguished Senator from Kentucky on this side, has been an integral part of enabling this agreement to be formulated.

I yield the floor.

Amendment No. 691

Mr. President, parliamentary inquiry: At this point the bill is open to further amendment, is that correct?

Would the Presiding Officer advise the Senate with regard to the order that currently controls the next amendment?

Could the Presiding Officer recite those amendments in their standing order?

Mr. President, therefore, it would be in order at this time for any of those amendments to be taken up by the Senate.

Yes.

We have no objection.

Mr. President, I object.

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. 1079, Senator Murkowski's bill to extend the Temporary Extended Unemployment Compensation Act of 2002, provided that the Senate proceed to its consideration, the bill be read a third time and passed, and the motion to reconsider be laid upon the table.

Mr. President, I call upon the proponent of the amendment.

We are about to get an answer, I advise the Senate.

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

Mr. President, I will propound a unanimous consent request.

I ask unanimous consent that Senator Boxer be recognized in order to offer her amendment regarding contracting. I further ask that immediately following the reporting by the clerk, the Senator from Virginia, Mr. Warner, be recognized to offer a first-degree amendment regarding the same subject; provided further that there be 30 minutes under the control of Senator Boxer and 15 minutes under the control of Senator Warner. Finally, I ask unanimous consent that following the debate time, the Senate proceed to a vote in relation to the Warner amendment, to be immediately followed by a vote in relation to the Boxer amendment, with no amendments in order to either amendment prior to the votes.

Before the Chair rules, I think we can make the second vote a 10- minute vote.

I ask for the yeas and nays on the two votes, both the Warner amendment and the Boxer amendment.

Will the Chair repeat that?

I request the yeas and nays on the Warner amendment and the Boxer amendment.

Mr. President, I send to the desk an amendment which is in the first degree to protect the Senator from California, unless she would like to have it as a second-degree amendment. We can do that.

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

Mr. President, I will later advise the Senate with regard to the content of this amendment. For the moment, I yield the floor.

Mr. President, I ask unanimous consent to modify my amendment. I will send the modification to the desk.

Fine. Let me just explain to the Senator what it is. The Senator, in the course of her comments, more or less criticized the amendment by the Senator from Virginia as not having in it the full force and effect of law. So, acting upon the suggestion of the good Senator from California, I have now provided that this amendment will have the full force of law. Let me read it to you.

Let me read it.

The Department of Defense shall fully comply with the

Competition in Contracting Act (10 U.S.C. 2304 et seq) for

any contracts awarded for reconstruction activity in Iraq and

shall conduct a full and open competition for performing work

needed for the reconstruction of the Iraqi oil industry. . .

.''

It is straightforward.

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

Mr. President, I ask unanimous consent that we proceed as if in morning business.

Mr. President, I ask the Chair lay before the Senate a message from the House of Representatives on the concurrent resolution (S. Con. Res. 46) to correct the enrollment of H.R. 1298.

The PRESIDING OFFICER laid before the Senate the following message from the House of Representatives:

Resolved, That the resolution from the Senate (S. Con. Res.

46) entitled ``Concurrent resolution to correct the

enrollment of H.R. 1298'', do pass with the following

Amendment:

On page 1, line 2, strike ``Secretary of the Senate'' and

insert ``Clerk of the House of Representatives'',

Mr. President, I ask unanimous consent that the Senate agree to the amendment of the House.

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

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