Floor Statements

If there is no further business to come before the Senate, I ask unanimous consent that the Senate stand in adjournment under the previous order.

Madam President, we now have the preliminary scanning of the amendments that have been passed by the Parliamentarian. We would be pleased to share that information with any Senator who has an amendment. The Senator from Louisiana does have the floor until someone is ready to offer an amendment or speak on the bill. We urge Members to come and start the process. We are prepared to handle amendments. On some amendments we will make a point of order as to germaneness, but we are trying to be as broad as possible in consideration of Members' amendments so we can finish late today, if possible.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, is the Coburn amendment the pending amendment?

Mr. President, I ask unanimous consent that the vote on the Coburn amendment commence at noon and prior thereto there be a period of 10 minutes equally divided with no second-degree amendments in order.

Mr. President, in the interim, if any Senator wishes to discuss an amendment, we are pleased to

proceed. We will accommodate any Senator with regard to amendments they wish to discuss. We discussed this matter last night with Senator Coburn, and he agreed we could initiate a vote on his amendment sometime around noon. We would like to proceed on that basis.

I once again urge Senators to present their amendments or work with us with regard to the package we are now discussing on amendments which will be accepted without debate.

I suggest the absence of a quorum.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

I wish to announce to the Senate my intention to move to make a point of order against all amendments that have been indicated by the Parliamentarian to be not germane commencing at 2 o'clock. So if any Senator wishes to discuss that category of amendments, we would be pleased to discuss them either prior to this vote or after the vote. We would like to have a decision made, if possible, as to how many more amendments we will deal with today.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.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 send to the desk the first managers' package for the day. I will present it now. We offer, for Senator Reed of Rhode Island, amendment No. 1943, a sense of the Senate on increased personnel end strengths, and it has been modified; for Senator Mikulski, amendment No. 1997, for laser marksmanship training. I ask unanimous consent that these amendments be considered en bloc.

Mr. President, I ask unanimous consent that the amendments be agreed to en bloc.

I move to reconsider the vote.

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

Will the Senator yield for a moment?

We entered a time limit to have this vote occur at 12. In view of the exchange that is going on--and another Senator also wants to talk--I ask unanimous consent that the vote take place at 12:10 and the time between now and then be divided between Senator Coburn and anyone who wishes to speak on this amendment.

Will the Senator yield?

I underestimated the amount of time needed. Senator Levin wishes to speak. I ask unanimous consent that the vote take place at 12:15 p.m. and that the additional time be divided between the Senator from Oklahoma, Mr. Coburn, and the Senator from Michigan, Mr. Levin.

On behalf of Senator Inouye and myself, I move to table the amendment of the Senator from Oklahoma and ask for the yeas and nays.

Mr. President, I move to reconsider the vote.

Mr. President, I ask unanimous consent that we now call up the Dayton amendment, No. 1896.

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

Mr. President, I ask unanimous consent that the time between 2 p.m. and 2:15 be equally divided between the sponsor and the managers of the amendment.

And that there be no second-degree amendments but any motion in relation to this amendment be in order.

Mr. President, I have a managers' package. I send it to the desk. In this package is an amendment for Senator Levin, No. 1929, for the medium tactical vehicle modifications; Senator Levin, No. 2000, pertaining to Indian tribes; and, Senator Kennedy, No. 1924, for humvee integrated starters.

I ask unanimous consent that these three amendments be considered en bloc.

I ask for consideration of those amendments.

Mr. President, I move to reconsider the vote.

Mr. President, we are going to try to work through this bill. The bill is open to debate. I will be pleased to take up any other amendments Senators might bring before us.

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 the time continue to run but that the Senate stand in temporary recess until 2 p.m.

Mr. President, the time is equally divided on this amendment. This amendment would add $100 million to childcare services and $20 million for family assistance centers.

I will speak in response to the Senator's explanation of this amendment when he is finished.

We would like to see the modification before it is accepted.

We have no objection to the modification.

What is the situation with regard to when we vote on this amendment?

I ask unanimous consent that time be changed to 2:30 with no amendments in the second degree in order.

Now I address the Senator, the sponsor of the amendment. Senator Mikulski wants 15 minutes between now and 2:30. Does Senator Dayton have any objection to that?

I will take a few minutes before that time, and Senator Mikulski would have from 2:15 until 2:30.

Mr. President, we have provided $25 million to respond in this bill for the National Guard counterdrug program. We already have $20 million for childcare, $20 million for family counseling, $18 million for National Guard and assistance centers, for a total of $58.6 million.

The Senator's amendment adds $60 million for childcare and $20 million for family assistance centers but, as he said, we have already gone in excess of the President's request. We have tried to balance the requirement to fight the war on global terrorism and maintenance for our technological advantage against potential rivals and the care of our servicemembers and their families.

We have worked closely with the Department of Defense to identify these requirements. We believe the Senator's amendment is subject to a point of order.

We raise a point of order under section 302(f) of the Congressional Budget Act that the amendment provides for spending in excess of the 302(b) allocations under the fiscal year 2006 concurrent resolution on the budget.

Having raised that, does the Senator wish to waive that point of order?

The Senator moves to waive the point of order. I ask for the yeas and nays on the motion to waive the point of order that I have submitted.

For the information of Members, we hope we will have another amendment ready to be considered at 3 o'clock. Senator Hatch has asked for 30 minutes beginning at 2:30 to speak on a matter that is not pertinent to this bill, but he has that right to speak under his allocation of time.

I ask unanimous consent Senator Hatch have 30 minutes from 2:30 to 3 o'clock. He has had a terrible disaster in his office. One of his close personal friends on his staff has passed away. He wishes to speak about that person for

30 minutes starting at 2:30. We want to put the vote to 3 o'clock. So I move we move the vote to 3 o'clock so Senator Hatch can speak at 2:30.

I yield the floor to Senator Mikulski.

We have no objection to that. The Senator is entitled to speak on any matter he wishes, using his own time. But we have time set for Senator Hatch to begin at 2:30.

Mr. President, I say to the Senator from Delaware, if he wishes to speak further, we will be happy to extend him more time, if he wishes.

Mr. President, I send to the desk a modification to Senator Dayton's amendment.

Mr. President, I ask unanimous consent that the modified amendment be considered and that it be adopted.

I move to reconsider the vote and to lay the motion on the table.

The motion to lay on the table was agreed to.

That cancels the vote for 2:30, correct?

The bill is still subject to amendment. No other Senator has asked us to consider an amendment.

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 that the Senator from South Dakota be entitled to introduce a bill and have time as though in morning business, with the clock on cloture continuing to run.

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

Mr. President, the hour is now almost 4:30 p.m. We have waited and waited and waited for Senators to bring their amendments. No further amendments have been noticed to either side.

Amendments Nos. 1981, 2053, 2054, 2055, En Bloc

Mr. President, I have a managers' package which I send to the desk for Senator Chambliss, amendment No. 1981, literacy on military installations; an amendment for myself on advisers for the Joint Chiefs of Staff; an amendment for Senator Frist on certain youth organizations; and an amendment for Senator Byrd regarding Hurricane Katrina relief.

I ask these items be considered en bloc.

Mr. President, I ask that the Senate consider the amendments and adopt them en bloc.

I move to reconsider the vote.

Mr. President, again I say, we have told our colleagues time and time again we were waiting for amendments. No amendments have been noticed on either side.

I ask for third reading.

Mr. President, may I inquire how much time does the Senator have?

How much time does the Senator from Louisiana have remaining?

I would object to that. The Senator from Louisiana has not asked for time. The Senator does not have to ask for time. He is entitled to an hour right now at his own request. So we do not have to have any consent. But I do not object to the Senator speaking as long as he wishes. But I do object that only the Senator from Louisiana can be recognized when he is finished. And Senator Hatch, by the way, is here. He had a very sad thing occur in his office, and he wants to speak when the Senator is finished.

Mr. President, there are no speakers present. I ask unanimous consent that the Senate stand in recess until 7 p.m., with the time continuing to run against cloture.

I suggest the absence of a quorum.

I object.

Mr. President, there are discussions going on concerning the future of this bill and what time we may be able to vote and dispose of the bill. I did try to go to third reading to make sure we would not have amendments coming in here at the last minute that would require Members to come back into the Senate to vote at this time.

I want to state that I do not have any problem with the exchange between the Senators from Louisiana. They do have a very difficult proposition. I am not going to get into that at this time. But I will say this: The arrangement that the junior Senator has made is much better than we got after the great earthquake in Alaska in 1964. I think people ought to realize that while the numbers of people involved in this great disaster from Katrina and the disaster of Rita--we have had massive disasters such as our earthquake and our great flood and the typhoons in Hawaii. This is not something that is new. The number of people may be greater, but the type of disaster is not any greater.

I would hope we would have a chance to finish the conversations that the leadership is having and we can find some way to deal with this situation and let people know what time, and if, we are going to be allowed to vote on this very important bill that should go to conference before we go home.

I suggest the absence of a quorum.

I object.

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

Mr. President, I ask unanimous consent that the Senate stand in recess until 8:15 a.m. on Friday, October 7. I further ask consent that following the prayer and pledge, the Journal of proceedings be approved to date, the time for the two leaders be reserved, and the Senate then resume consideration of H.R. 2863, the Defense appropriations bill. I further ask consent that following the leader's remarks, Senator Landrieu be recognized to speak until 9:15. I further ask consent that immediately following her remarks, and with no intervening action or debate, all time under cloture then be considered expired, the bill be read a third time, and the Senate proceed to a vote on passage of the bill, with no intervening action or debate.

Before we recess, I will yield to the Senator from Louisiana for 5 minutes before we close.

Mr. President, I thank the Senator from Louisiana.

Mr. President, we will reconvene at 8:15 tomorrow morning. Following additional remarks by Senator Landrieu in the morning, we will vote on passage of the Defense appropriations bill. That vote will occur concerning at 9:15. Following that vote, we

will proceed to the Homeland Security appropriations conference report. It is my understanding that we will be able to consider that conference report under a 30-minute time agreement and that a vote would not be necessary. We have not locked in that agreement. We will turn to that conference report in the morning after voting on the DOD appropriations bill.

Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that the Senate stand in recess in accordance with the previous order.

Mr. President, I ask Unanimous consent that the Committee on Agriculture, Nutrition and Forestry be authorized to conduct a business meeting during the session of the Senate on Thursday, October 6, 2005 at 9:30 a.m. in SR-328A, Russell Senate Office Building. The purpose of this meeting will be to review spending levels to meet reconciliation expenditures as imposed by H. Con. Res. 95, establishing the Congressional Budget for the United States Government for fiscal year 2006, revising appropriate budgetary levels for fiscal year 2005, and setting forth appropriate budgetary levels for fiscal years 2007 through 2010, and to agree on recommendations with it will make to the Committee on the Budget thereon.

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 6, 2005, at 10 a.m. to conduct a hearing on ``A Review of the CFIUS Process for Implementing the Exon-Florio Amendment.''

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, October 6 at 3 p.m. The purpose of this hearing is to receive testimony on S. 1025, to amend the act entitled ``An Act to Provide for the Construction of the Cheney Division, Wichita Federal Reclamation Project, KS, and for Other Purposes'' to authorize the EQUUS Beds Division of the Wichita Project; S. 1498, to direct the Secretary of the Interior to convey certain water distribution facilities to the Northern Colorado Water Conservancy District; S. 1529, to provide for the conveyance of certain Federal land in the City of Yuma, AZ; S. 1578, to preauthorize the Upper Colorado and San Juan River Basin Endangered Fish Recovery Implementation Programs; and S. 1760, to authorize early repayment of obligations to the Bureau of Reclamation within the Rogue River Valley Irrigation District or within the Medford Irrigation District, and for other purposes.

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, October 6 at 10 a.m.

The purpose of this hearing is to receive an update on Hurricanes Katrina and Rita's effects on energy infrastructure and the status of recovery efforts in the gulf coast region.

Mr. President, I ask unanimous consent that the Committee on Environment and Public Works be authorized to meet on October 6th, 2005 at 9:30 a.m. for a business meeting to consider the following nominations: Santanu K. Baruah, of Oregon, to be Assistant Secretary of Commerce for Economic Development; George M. Gray, of Massachusetts, to be an Assistant Administrator of the Environmental Protection Agency; Lyons Gray, of North Carolina, to be Chief Financial Officer, Environmental Protection Agency; H. Dale Hall, of New Mexico, to be Director of the United States Fish and Wildlife Service; and Edward McGaffigan, Jr., of Virginia, to be a Member of the Nuclear Regulatory Commission for the term of five years expiring June 30, 2010.

Mr. President, I ask unanimous consent that the Committee on Environment and Public Works be authorized to meet on October 6, 2005 at 9:35 a.m. to conduct a hearing to receive testimony on the actions of EPA, the Army Corps of Engineers and the Federal Highway Administration as they relate to Hurricane Katrina.

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Thursday, October 6, 2005, at 10 a.m., to hear testimony on ``The Future of the Gulf Coast: Using Tax Policy to Help Rebuild Businesses and Communities and Support Families After Disasters.''

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Thursday, October 6, 2005, at 2:30 p.m., to hear testimony on ``U.S.- Bahrain Free Trade Agreement.''

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, October 6, 2005, at 11 a.m., to hold a hearing on Nominations.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, October 6, 2005, at 2:30 p.m., to hold a hearing on Nominations.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet on Thursday, October 6, 2005, at 9 a.m., for a hearing titled; ``Hurricane Katrina: How Is FEMA Performing Its Mission at This Stage of Recovery?''

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet on Thursday, October 6, 2005, at 10 a.m., for a hearing titled; ``FEMA Status Report on Recovery Efforts in the Gulf States''

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, October 6, 2005, at 9:30 a.m. in Senate Dirksen Office Building Room 226.

Agenda

I. Nominations: Timothy Flanigan to be Deputy Attorney General; and Susan Neilson to be U.S. Circuit Judge for the Sixth Circuit.

II. Bills: S. 1088 Streamlined Procedures Act of 2005. Kyl, Cornyn, Grassley, Hatch; S. 1789 Personal Data Privacy and Security Act of 2005. Specter, Leahy, Feinstein, Feingold; S. 751 Notification of Risk to Personal Data Act. Feinstein, Kyl; S. 1326 Notification of Risk to Personal Data Act. Sessions; S. 1086 A Bill to Improve the National Program to Register and Monitor Individuals Who Commit Crimes Against Children or Sex Offenses. Hatch, Biden, Schumer; S. 956 Jetseta Gage Prevention and Deterrence of Crimes Against Children Act of 2005. Grassley, Kyl, Cornyn; S. 1699 Stop Counterfeiting in Manufactured Goods Act. Specter, Leahy, Hatch, DeWine, Cornyn, Brownback, Feingold; S. 1095 Protecting American Goods and Services Act of 2005. Cornyn, Leahy; H.R. 683 Trademark Dilution Revision Act of 2005. Smith-TX; S. 443 Antitrust Criminal Investigative Improvements Act of 2005. DeWine, Kohl, Leahy; S. 1787 Relief to Victims of Hurricane Katrina and Other Natural Disasters Act of 2005. Vitter, Grassley, Cornyn, DeWine; and S. 1647 Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005. Feingold, Leahy, Durbin, Kennedy, Feinstein.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized

to meet to conduct a hearing on ``Executive Nominations'' on Thursday, October 6, 2005, at 2:30 p.m., in the Dirksen Senate Office Building Room 226.

Witness List

Panel I: Members of Congress.

Panel II: Wan Kim to be an Assistant Attorney General, Civil Rights Division; Steven G. Bradbury to be an Assistant Attorney General for the Office of Legal Counsel; Sue Ellen Wooldridge to be an Assistant Attorney General, Environment and Natural Resources Division; and Thomas O. Barnett to be an Assistant Attorney General, Antitrust Division.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on October 6, 2005, at 2:30 p.m., to hold a closed briefing.

Mr. President, I ask unanimous consent that the Subcommittee on Federal Financial Management, Government Information, and International Security be authorized to meet on Thursday, October 6, 2005, at 2:30 p.m., for a hearing regarding ``How Does the Federal Government Lease Needed Space?''

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

subcommittee on oversight of government management, the federal

workforce and the district of columbia

Mr. President, I ask unanimous consent that the Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia be authorized to meet on Thursday, October 6, at 2:30 p.m., for a hearing entitled, ``From Factory to Foxhole: Improving DoD Logistics.''

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

Mr. President, reserving the right to object--for the rest of this Congress? Did the Senator say for the remainder of this Congress?

Mr. President, I am obligated to object, and I suggest the Senator get clearance on that.

Mr. President, may I again inquire of the Senator? Is this person on your staff?

This is floor privileges. It is not necessarily continuous access. Does she have to go through the normal process of obtaining access the way any other staff would?

I will not object.

Mr. President, I ask unanimous consent that the Senate stand in recess until 8:15 a.m. on Friday, October 7. I further ask consent that following the prayer and pledge, the Journal of proceedings be approved to date, the time for the two leaders be reserved, and the Senate then resume consideration of H.R. 2863, the Defense appropriations bill. I further ask consent that following the leader's remarks, Senator Landrieu be recognized to speak until 9:15. I further ask consent that immediately following her remarks, and with no intervening action or debate, all time under cloture then be considered expired, the bill be read a third time, and the Senate proceed to a vote on passage of the bill, with no intervening action or debate.

Before we recess, I will yield to the Senator from Louisiana for 5 minutes before we close.

Mr. President, I thank the Senator from Louisiana.

Mr. President, we will reconvene at 8:15 tomorrow morning. Following additional remarks by Senator Landrieu in the morning, we will vote on passage of the Defense appropriations bill. That vote will occur concerning at 9:15. Following that vote, we will proceed to the Homeland Security appropriations conference report. It is my understanding that we will be able to consider that conference report under a 30-minute time agreement and that a vote would not be necessary. We have not locked in that agreement. We will turn to that conference report in the morning after voting on the DOD appropriations bill.