Floor Statements

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, I ask unanimous consent that the time allocated to the Senator from Arizona be rescinded.

How much time remains, Mr. President?

May I inquire if the Senator from West Virginia wishes to use any further time at this time?

That is the reason I have reserved our time and Senator Inouye reserved his time also. I have been notified of no Senator on my side who wishes to use part of my time. I don't know about the Senator from Hawaii. He indicates he has had no requests.

It appears Senator Byrd would be the last person to make a statement.

I yield the floor.

Mr. President, may I address a question to my colleague from West Virginia?

There are no more requests for time. We are prepared to yield back the remainder of our time and go to a vote. Is the Senator from West Virginia prepared to yield back the remainder of his time?

Mr. President, not having had any other requests for time, I ask that all time remaining be rescinded.

I withdraw that request.

I withdraw my request and concur and suggest the absence of a quorum.

Mr. President, I am very willing to enter into such an agreement. Have the yeas and nays been requested?

I request the yeas and nays on final passage, when that occurs. I ask unanimous consent that the rollcall commence at 7:15.

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

The motion to lay on the table is agreed to.

Mr. President, I inserted in the Record the name of staff members who worked on this bill. I compliment them. I need a round of applause for the staff. This is record time for this bill. It is a very good bill. It is essential. Emergency funds will be available as soon as the President signs it.

I thank all Senators for their cooperation today to get this bill passed before we go home for recess.

Mr. President, this morning there will be a period for morning business for up to 30 minutes with the majority leader or his designee in control of the first 15 minutes and the Democratic leader or his designee in control of the final 15 minutes. Following morning business, we will resume consideration of the motion to proceed to the marriage amendment. The time until 12 noon will be equally divided for debate on the motion. At noon, the Senate will proceed to a cloture vote on the motion to proceed to the joint resolution. The cloture vote will be the first vote of the day.

The leader has mentioned the Australian free trade legislation and the desire to finish that bill this week. In addition, as mentioned last night, the Senate needs to move forward with respect to the FSC/ ETI JOBS measure and appoint conferees. Therefore, Senators should anticipate additional votes during the session.

Mr. President, that is my understanding. However, there was also mention that the leader desires to discuss moving to the JOBS measure. That discussion may take place between the two leaders prior to the cloture vote.

Will the Senator yield for a question, Mr. President?

Well, I will seek the floor when the Senator is through.

Mr. President, I am sort of surprised with the Senator from Illinois. I attended the same briefing. The Homeland Security bill has been reported by the committee to the Senate floor. We have been trying to get it to the Senate floor. I am prepared to present a motion to take up the bill right now, and I do.

I ask unanimous consent that at a time to be determined by the majority leader today, the Senate proceed to consideration of Calendar No. 588, H.R. 4567, an act making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2005, and for other purposes. Further, I ask unanimous consent that all after the enacting clause be stricken, that the text of Calendar No. 583, S. 2537, the Senate-reported bill, be inserted and agreed to in lieu thereof, without waiving any points of order by virtue of this agreement, and that the bill, as amended, be considered as original text for the purpose of further amendment; provided that no amendments shall be in order which will increase total discretionary spending provided by the bill in excess of the Senate-reported bill totals of $32 billion in budget authority and $29.729 billion in outlays; provided that no other points of order shall be waived thereon by virtue of this agreement; provided further that 2 hours be equally divided on the bill, that up to an extra hour be equally divided on each amendment, that all amendments be relevant and germane, that all votes occur before 5 p.m. on Monday, and that final passage occur by the same time, 5 p.m. Monday.

Now, I have an urgency to get this bill before the Senate, too. I am delighted the Senator has come to floor. I think it is the first time I have ever seen a member of the committee come to the floor of the Senate and ask to take up a bill without consulting the chairman. But I am prepared to take it up. We were prepared to offer this motion today. I ask for the unanimous consent agreement to start today--to start today--and we will finish it by 5 o'clock Monday.

Just as Governor Ridge indicated, there is a real urgency behind this bill. I would like to take it up. What this time agreement means is the bill will be subject to amendment, but anyone who wants to add money has to find some source to take it out. This bill is consistent with the budget resolution we are operating under, which is the budget resolution of 2004. We do not have a new budget resolution, but we do have the budget resolution for 2004, which put caps on 2005.

So I am ready to take up this bill. The chairman of the committee is ready to take it up. If the minority wants to come and ask that it come up, I am ready. We are ready right now. We will finish it by 5 o'clock Monday. We will have it to the President by 5 o'clock a week from tomorrow, I guarantee you that.

So I present the unanimous consent request, Mr. President.

My motion is before the Senate, Mr. President.

The bill I have referred to was reported to the Senate. It was reported to the Senate on June 21. It has been before the Senate for quite some time. All I have asked is we have the amendments--it is open to amendment--and that there be an hour on each amendment. All I have asked is the amendments be germane and relevant and that there be an hour on each amendment. The only difference between what the distinguished minority leader and I have requested is I asked that no amendment would be in order which will increase total discretionary spending provided by the bill in excess of the Senate-reported bill totals which, again, is the amount that is consistent with the existing budget resolution.

I resubmit that unanimous consent request.

Mr. President, the distinguished leader has missed part of my unanimous consent request; that is, that the final vote take place at 5 o'clock on Monday. So we could go to conference with the House and expect to bring this bill back before we leave for the convention recess. Again, I state, I have a few years around here. I don't remember any Appropriations Committee member raising an issue to bring up a bill without consulting the chairman. I remember the days when had a Member done that, the Appropriations Committee chairman would not have forgotten it. So again, I say to the Senate, we are prepared to take up this bill under this time agreement and only under this time agreement today.

I yield the floor.

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

Mr. President, I am happy that the two leaders are in the Chamber because I wish to make an announcement to the Senate.

Previously, I had stated I did not think it would be possible for me to make the commitment that when the Defense appropriations bill goes to conference this year it would not come back with the provisions in the House-passed bill pertaining to the debt ceiling. I have had a series of conversations through the evening last night and this morning and I now believe I can commit that when we come back from this conference we will not bring back a bill that contains the provisions that were in the House-passed bill pertaining to the debt ceiling issues that we must face sometime this year.

Mr. President, does the Senator from West Virginia wish to be recognized? I will be happy to yield to him.

Mr. President, who has the floor?

I will be back to answer that when I get the floor.

Mr. President, I will respond to my friend from West Virginia by saying the so-called Gephardt rule is not within the control of this Senator, nor the leaders. If the House chooses to take up the Gephardt rule and use it as it was used several times before, including, I believe, by Senator Mitchell when he was the leader, then that will be an issue that others will have to pursue. I am not in a position to make that commitment, and I do not think the leader is in a position to make that commitment.

I do want to proceed with the bill and I would hope my friend would accept that as being the position we are in now. I am in the position to make the commitment I have made with regard to this bill. I hope we can proceed on this bill.

I now ask unanimous consent that the Senate proceed to the consideration of Calendar No. 594, H.R. 4613, the Defense Appropriations Committee bill.

I thank the Senator and renew my request.

I ask unanimous consent all after the enacting clause be stricken, the text of Calendar No. 593, S. 2559, the Senate committee- reported bill, be inserted in the Record in lieu thereof, and that bill, as amended, be considered as original text for the purpose of further amendment, provided no points of order be waived by reason of this agreement.

Mr. President, I just filed this report. It is the report that

previously was intended to accompany the Senate bill. I ask it now be labeled as accompanying the House bill as amended by the previous motion.

I am happy to yield to the Senator from Nevada.

Mr. President, I am pleased to present this report and this bill to the Senate today. It reflects the bipartisan approach that my cochairman, Senator Inouye, and I have always maintained regarding the Department of Defense. It is a pleasure to work with him and other members of the committee. I thank our distinguished ranking member and former chairman, the Senator from West Virginia, for his cooperation in helping us to get to the point we are now.

This bill was reported out of our full Appropriations Committee on June 22 by a unanimous vote of 29 members. No member voted against it. As we debate this bill today there are thousands of men and women in uniform deployed and serving our country in over 120 countries and throughout these United States. Their bravery and dedication to our country is extraordinary. Their sacrifices must not go unrecognized. They must be recognized here today.

Each year, the Department of Defense faces the critical challenge of balancing the cost of maintaining high levels of readiness, being ready to respond to the call wherever and whenever it is necessary to defend the interests of this country. The costs associated with simultaneously and adequately investing in transforming our Department of Defense to be ready to meet the threats of tomorrow are also concomitant with this critical challenge of balancing the costs of maintaining high levels of readiness.

I believe the bill Senator Inouye and I present today reflects a prudent balance among these challenges. It recommends $416.2 billion in budget authority for the Department of Defense, including $25 billion of contingent emergency funding for costs associated with operations in Iraq, Afghanistan, and the war on terror. This amount is $1.7 billion below the President's amended fiscal year 2005 request but, in our judgment, meets the Defense Subcommittee's allocation for both budget authority and outlays.

The measure we present is consistent with both the objectives of the administration and the Senate National Defense authorization bill for 2005, which we passed last evening.

We sought to recommend a balanced approach, and we do recommend a balanced bill to the Senate. We believe it addresses the key requirements for readiness, quality of life, and transformation of our total force. It honors the commitment we have to our Armed Forces. It helps ensure that they will continue to have first-rate training, modernized equipment and quality infrastructure, and maintain their quality of life. It fully funds key readiness programs critical to the global war on terrorism. It makes continued progress in supporting our military personnel and their families.

Key initiatives included in this bill are these: First, an average military pay increase of 3.5 percent and full funding for benefit and medical programs; additional funding to pay for the increase of 20,000 to our Army end strength and TRICARE for Guard and Reserves. Both of these initiatives were included in the Senate version of the 2005 Defense authorization bill, and this bill funds both programs: For the Army, $3 billion for their ongoing transformation initiative, the future combat system, and the Stryker Brigade combat teams; for the Navy, $10.2 billion for shipbuilding, providing additional funding for the DD(X) destroyer and the Marine Corps' amphibious assault ship, LHA(R); for the Air Force, full funding for the acquisition of 14 C-17 aircraft and 24 F-22 Raptor aircraft; $10.2 billion is included for missile defense programs.

In light of the contributions of the Guard and Reserve, this bill adds $500 million in nondesignated equipment funding for modernization shortfall.

Again, I thank my cochairman Senator Inouye for support, and for the support of the whole committee and the invaluable counsel we have received on this bill.

I yield for any statements he may wish to make.

I point out the contingent reserve in this bill funds a 5-month period. We fully anticipate there will be a supplemental again next year. We are talking about the last quarter of this calendar year which is the first quarter of fiscal year 2005 and an additional month beyond that after we are back in session and ready to receive the supplemental for that, if necessary.

Mr. President, we have a conflict because of Senator Inouye's noon event, which I wish to also attend. It is my hope we will be back on the floor and start considering amendments at 2 p.m. today.

Does the Senator wish to comment?

Mr. President, does the Senator wish the floor?

Mr. President, it is my understanding there will be other matters considered.

I ask unanimous consent that our bill be set aside until the hour of 2 p.m.

Mr. President, I ask unanimous consent that the Chair lay before the Senate the Defense appropriations bill.

Mr. President, I send an amendment to the desk on behalf of the Senator from Montana, Mr. Baucus.

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

Mr. President, this amendment has been agreed to on both sides. There may be allocated up to $880,000 for a specific project the Senator is interested in. I ask for adoption of the amendment.

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

The motion to lay on the table was agreed to.

Amendment No. 3491

Mr. President, I send an amendment to the desk for Mr. Corzine and ask that it be considered.

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

This amendment is for Senator Corzine, who is seeking an earmark for up to $4 million for a specific project. It has been agreed upon. I ask unanimous consent that it be adopted.

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. 3492

Mr. President, I send an amendment to the desk for Senators Kennedy, Kerry, Schumer, and Clinton.

Mr. President, this is an amendment, on an emergency basis, to add $25 million for the security at each of the party conventions in Boston and New York. It is consistent with past policy, and we have agreed to accept this amendment on an emergency basis. I ask for consideration of the amendment.

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

The motion to lay on the table was agreed to.

Mr. President, the Senator from Ohio has an amendment to offer.

I yield the floor.

I ask unanimous consent that this amendment be temporarily set aside so I can send to the desk an amendment which has been agreed to.

I send an amendment to the desk for the Senator from Vermont, Mr. Leahy.

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

I ask for adoption of the amendment. This is an amendment earmarking specific funds for a specific project for our crews.

Mr. President, I move to reconsider the vote.

I suggest the absence of a quorum.

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

I ask unanimous consent Senator Dole be added as a cosponsor to amendment No. 3493.

Mr. President, I urge Senators to come present their amendments.

We will be pleased to yield the floor to the distinguished Senator from South Dakota, the Democratic leader.

Mr. President, I ask that amendment No. 3493, which is the Sudan amendment, be agreed to.

The Senator from Virginia has an amendment, and I understand the Senator from South Dakota, the distinguished minority leader, wishes to have a discussion.

Mr. President, I send an amendment to the desk on behalf of the Senator from Virginia, Mr. Warner.

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

Mr. President, I state to the Senate that this amendment has been cleared on both sides, and it is revenue neutral, as I understand it.

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

Mr. President, has the amendment been adopted?

I move to reconsider the vote.

Mr. President, I send an amendment to the desk on behalf of Senator Roberts and ask that it be considered.

Mr. President, this amendment would make available up

to $6 million for a program that the Senator seeks to have considered. I urge its adoption. It has been cleared on both sides.

Mr. President, I move to reconsider the vote.

Mr. President, I send to the desk an amendment on behalf of Senator Santorum and ask that it be considered.

Mr. President, this amendment on behalf of the Senator from Pennsylvania would make available up to $5 million for a project the Senator supports. It has been cleared on both sides. I urge adoption of the amendment.

I move to reconsider the vote.

Mr. President, I send an amendment to the desk on behalf of the Senator from Pennsylvania, Mr. Santorum, and I ask for its consideration.

Mr. President, this amendment would make available up to $3 million for another project that the Senator from Pennsylvania supports. I urge its adoption.

I move to reconsider the vote.

Mr. President, I state to the Senate that we have several Senators who have indicated they have amendments. I urge they come to the floor. We have business to conduct today following completion of this bill. We do hope we can complete this bill as early as possible. We do urge that Senators come to the floor.

Mr. President, I believe our distinguished colleague from West Virginia is here to offer an amendment.

I yield the floor.

Mr. President, we would be pleased to recommend the adoption of the amendment offered by Senator Byrd. I believe, if he would permit, we would be willing to adopt it on a voice vote. It was adopted last year, the same amendment, as the Senator said, by a substantial number of Senators. We see no reason not to support the amendment this year. If the Senator wishes to offer it, we would be pleased to have it.

We would be happy to have a vote, but could we agree to a later time? There are a series of Senators in committee meetings right now, and they asked not to be disturbed for at least another half hour.

Could we ask for the yeas and nays and have a time agreed upon between yourself and the two managers of the bill?

I ask unanimous consent that it be in order to request the yeas and nays on this amendment at this time.

The yeas and nays are ordered?

Mr. President, I ask unanimous consent that Senators Biden, Corzine, and Feingold be added as original cosponsors of amendment No. 3493.

Mr. President, for Members of the Senate, we are very close to the end of the amendments that we know of, and we would probably be proceeding to third reading after the Byrd amendment, unless Members come forward and offer their amendments.

Amendment No. 3503

Mr. President, I have an amendment from the two Senators from Mississippi, Senators Lott and Cochran. I ask that it be presented to the Senate.

Mr. President, it is a sense of the Senate concerning the Global Hawk.

Mr. President, I move to reconsider the vote.

Mr. President, I send to the desk an amendment on behalf of Senator Reed.

Mr. President, this would make available up to $3 million for a project Senator Reed supports. We have cleared it and ask that it be agreed to.

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

The motion to lay on the table was agreed to.

Amendment No. 3505

Mr. President, I send to the desk an amendment on behalf of Senator Bayh.

Mr. President, this amendment would make available up to $21.9 million for a project the Senator supports. We have cleared the amendment. I ask that it be agreed to.

Mr. President, I move to reconsider the vote.

Mr. President, I send an amendment to the desk on behalf of Senator Reed.

I thank my colleague for his kind words. Improving the already-high quality of training is one of the Committee's highest priorities and, of course, this includes the Navy's training and leadership programs. As the Navy seeks to determine the best system in order to facilitate this modernization, the Committee encourages the service to evaluate thoroughly the potential effectiveness of a `character-based, principle-centered program' designed to teach personnel how to efficiently focus and execute key priorities.

The Committee continues to express concern about the plight of Army families who must deal with extended deployments of a spouse or a parent. These continued deployments place a significant burden on the modern military family. I hope it will reassure the Senator, who is concerned about military families, as am I, that the Committee encourages the Department of the Army to evaluate different training programs which can assist families in this critical time of need.

Mr. President, this amendment would make available up to $2 million for a project the Senator supports. We have cleared the amendment.

Mr. President, I state to the Senate that Senator Inouye and I have cleared the amendments presented to us. We have rejected several. We ask that Members come to the Senate floor and indicate if they intend to pursue the amendments they have suggested they might raise. We are currently clearing with leadership the time of 4 o'clock for the time Senator Byrd's amendment will come back.

I suggest the absence of a quorum.

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

Mr. President, I send to the desk an amendment sponsored by Senators Biden, Lugar, Inouye, and myself.

Mr. President, this amendment pertains to the drawdown authority of the State of Israel for defense stocks, and it is a technical amendment that has been cleared on both sides.

Mr. President, I move to reconsider the vote.

Again, we have disposed now of all of the amendments brought to the attention of the committee on both sides.

We will have a vote, we believe, at 4 o'clock. We will announce that soon. I urge Senators to notify us if they intend to offer any amendments to the bill. If not, we will move to third reading following the Byrd 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, after further consultation, I ask unanimous consent that the vote on the Byrd amendment occur at 4 p.m. today.

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

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

Mr. President, I ask unanimous consent that there be no second-degree amendments in order to Senator Byrd's amendment.

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

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

I have an amendment on behalf of Senator Mikulski and Senator Sarbanes. I send it to the desk and ask for its immediate consideration.

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

This makes available funds available for a stated amount on a project the Senator supports. We have cleared the amendment and ask for its immediate adoption.

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. 3517

I send an amendment to the desk on behalf of Senator Bill Nelson and ask that it be considered.

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

This amendment provides up to $5 million for a project the Senator supports. It has been cleared by both sides. I ask for its immediate consideration.

Mr. President, I send an amendment to the desk on behalf of Senator Shelby and ask for its immediate consideration.

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

This is a technical amendment to clarify the availability of funds in the 2004 appropriations bill. It has been cleared on both sides of the aisle. I ask for its adoption.

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

The motion to lay on the table was agreed to.

Amendment 3502

The hour of 4 has arrived. The yeas and nays have been ordered on the Byrd amendment?

This is a sense of the Senate amendment that the Senator offered on the bill last year that was adopted by the Senate, and the yeas and nays have been ordered.

I move to reconsider the vote.

In a few minutes we will have a series of amendments which have been cleared and we may have one more amendment that is coming. That is all we know.

I suggest the absence of a quorum.

Mr. President, I ask that this amendment be temporarily set aside so I can take care of some amendments we are prepared to offer. We will come right back to this amendment.

Mr. President, I send an amendment to the desk on behalf of Senator Dodd, and I ask that it be considered.

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

Mr. President, this is an amendment that provides up to $5 million for a program the Senator supports. I ask for its adoption.

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. 3523

Mr. President, I send an amendment to the desk on behalf of Senator Nickles and ask for its consideration.

Mr. President, this amendment provides up to $2 million for a program supported by the Senator. I ask for its adoption.

Mr. President, I send an amendment to the desk on behalf of Senator Landrieu and ask for its consideration.

Mr. President, this amendment earmarks up to $1.5 million of funds under the bill, and I ask for its adoption.

Mr. President, I send an amendment to the desk on behalf of Senator Bunning and ask for its consideration.

Mr. President, this amendment provides up to $4 million in funds available in the bill. I ask for its adoption.

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. 3526

Mr. President, I send an amendment to the desk on behalf of the distinguished Senator from Ohio, Mr. Voinovich, and ask for its consideration.

Mr. President, this amendment earmarks funds available in the bill for projects supported by the current occupant in the chair, and I ask for its adoption.

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

Amendment No. 3527

Mr. President, I send to the desk another amendment on behalf of the Senator from Ohio, Mr. Voinovich, and ask for its consideration.

Mr. President, this amendment earmarks up to $2 million from funds available under the bill, and I ask for its consideration.

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. 3528

Mr. President, I send to the desk an amendment on behalf of Senator Boxer, and I ask for its consideration.

Mr. President, this amendment earmarks up to $4.5 million from funds available in the bill, and I ask for its adoption.

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. 3529

Mr. President, I send an amendment to the desk on behalf of the Senator from Montana, Mr. Burns, and ask for its consideration.

Mr. President, this amendment earmarks up to $3 million in funds in the bill. I ask for its adoption.

I move to reconsider the vote.

Mr. President, I send another amendment on behalf of Senator Burns to the desk and ask for its consideration.

Mr. President, this amendment earmarks $2 million for research concerning battlefield wounds from funds available in the bill. I ask for its adoption.

I move to reconsider the vote.

Mr. President, I send an amendment to the desk on behalf of the Senator from Kansas, Mr. Roberts, and ask for its consideration.

Mr. President, this amendment earmarks funds available in the bill up to $3 million for the project the Senator supports. I ask for its adoption.

I move to reconsider the vote.

Mr. President, I send to the desk an amendment on behalf of Senator Kyl and ask for its consideration.

Mr. President, this amendment earmarks $2 million from funds available in the bill, and I ask for its adoption.

I move to reconsider the vote.

Mr. President, I send another amendment to the desk on behalf of Senator Kyl and ask for its consideration.

Mr. President, this amendment earmarks up to $2 million from research funds in the bill. I ask for its adoption.

Mr. President, I send to the desk an amendment on behalf of Senator Kyl and ask for its consideration.

Mr. President, this amendment pertains to earmarking funds throughout a whole area of the Department. It does not provide additional funds. It specifies where the funds should be allocated, and we believe it is necessary. I ask for its adoption.

I move to reconsider the vote.

Mr. President, I send another amendment to the desk on behalf of Senator Kyl and ask for its consideration.

Mr. President, this amendment pertains to earmarking funds for the turbine engine from funds available in the bill. We believe it is necessary. I ask for its adoption.

I move to reconsider the vote.

I send an amendment to the desk on behalf of Senator Talent and ask for its adoption.

This earmarks up to $5 million for research and development. We believe it is a proper amendment, and I ask for its adoption.

I move to reconsider the vote.

I send an amendment to the desk on behalf of Senator Pryor and ask for its adoption.

This amendment earmarks up to $5 million in the bill. It is acceptable to the managers of the bill. I ask for its adoption.

I move to reconsider the vote.

I send an amendment to the desk on behalf of Senator Sununu and ask that it be adopted.

This amendment earmarks up to $2 million for a Radome project, and we are prepared to accept the amendment. I ask for its adoption.

I move to reconsider the vote.

I send to the desk an amendment on behalf of Senator Levin pertaining to Wurtsmith Air Force Base.

This directs that funds available to the Department be used for certain proposals on that Air Force base. We have examined it, and we are prepared to recommend the adoption of that amendment.

I move to reconsider the vote.

I send to the desk an amendment on behalf of Senator Conrad and ask that it be adopted.

This earmarks up to $7 million for a project the Senator supports from funds available within the bill. It does not increase funds. I ask for its adoption.

I move to reconsider the vote.

Mr. President, I ask unanimous consent that Senator Burns be added as an original cosponsor of amendment 3490.

I send an amendment to the desk on behalf of Senator Kohl, which relates to authorizing the reprogramming of funds available to the Secretary for industrial technical services and ask that it be considered.

I move to reconsider the vote.

Mr. President, with the exception of two items we may receive, that is the last of the amendments that have been called to our attention. I would inquire whether it would be in order for the managers of the respective sides of the aisle to return to the Biden amendment now and ask for a vote on the Biden amendment.

Is there any impediment to having a vote now, may I inquire of staff?

Is the amendment now pending?

Today, the Senate approved $70 million for disaster assistance and $25 million for refugee assistance, a total of $95 million to Sudan. This is an amount the House approved and the level the State Department informed our staff was necessary to carry the much needed food and other support for Darfur through spring of next year. This is the amount they efficiently execute and use in this year. In the spring, the State Department, with USAID and the U.N., will reassess the situation and determine if additional emergency funds are requested.

We have already declared an emergency for Sudan for $95 million. If we approved Senator Biden's amendment, this will be above the $188 million that State and USAID have already pledged for the 2005 funds. These funds will be allocated in the 2005 Foreign Operations bill, not this bill. In other words, we have added $95 million for disaster assistance from this Defense appropriations bill on an emergency basis to the Sudan. There already are requests before our Appropriations Committee under the Foreign Operations bill, a request for $188 million, which will come before the Senate in due course.

It is my request to our colleagues to stand by the $95 million we have added to the disaster assistance and refugee assistance provisions of our basic funding for the State Department. We have added to it already in the Defense bill. We approved that today. That is the amount that is in the House bill, and I do not believe we should go beyond the emergency level we have already agreed to, which was supported by both of our leaders.

I point out further that the U.N. appeal for Darfur for 2004 has led to $307 million as of June 3 of this year. That is now being revised upward to an estimated $349 million available. Excluding the U.S. Government, other donors pledged $134 million in Geneva. The U.S. Government pledge was for the remainder of fiscal year 2004 and 2005, and we have already exceeded that pledge. There is $245 million pledged from all the above donors, in addition to the contribution of the United States.

We have an enormous program going on on behalf of our Government. We have added $95 million to the $188 million. We are already ahead of the rest of the world, and we think we should not go further on this bill. If there are further emergency funds that are necessary, they should be added to the foreign assistance bill or the State Department bill when those bills come before the Senate but not to the Defense bill. This Defense bill is already amended at the request of both the majority leader and minority leader, the Senator from Ohio, and many others, to add $95 million. It is my position that we should not go further at this time. We should wait for the consideration of the other bills as far as additional emergency funds, if they are needed.

These funds cannot be needed before we will consider the supplemental after the first of 2005. Besides that, we still have to consider the 2005 regular bill for both State-Justice-Commerce and the foreign assistance bill. This is no place for this item. It is not an emergency to go beyond $95 million.

Does the Senator from Hawaii wish to make any statement?

I yield the floor.

Mr. President, I move to table the Biden amendment, and I ask that we have a time for other Senators to become aware of the fact that we will have a vote. I ask unanimous consent that the vote commence at 5:30.

I ask unanimous consent that it be in order at this time for me to have the yeas and nays on my motion to table this 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 have been informed there is another amendment that has been cleared. This is an amendment on behalf of Senator DeWine, pertaining to a report on mental health services available to the armed services. I ask this amendment be considered at this time.

Mr. President, I move to reconsider the vote.

Mr. President, I ask no second-degree amendments be in order to the Biden amendment.

Mr. President, I have another amendment. It is on behalf of Senator Feinstein. I ask unanimous consent that the pending amendment be set aside temporarily so we might consider Senator Feinstein's amendment.

This pertains to the earmarking of funds for pathogen research. We support that amendment and ask that it be adopted.

Mr. President, I move to reconsider the vote.

I am familiar with this amendment. We are prepared to accept the amendment.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Amendment No. 3545

Mr. INOUYE. Mr. President, I send to the desk an amendment

and ask for its immediate consideration.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

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

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

Mr. President, I ask unanimous consent that following the vote on the Biden amendment, no further business other than a colloquy or colloquies that I have to offer for the Record be in order, and that the Senate immediately go to third reading and final passage of this bill.

Very well, I will amend that request: Unless there are other matters offered based on unanimous consent approved by both managers, that we immediately go to third reading and final passage of the bill following the Biden amendment.

I ask it be in order to get the yeas and nays on passage of the bill.

I suggest the absence of a quorum for 3 minutes.

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

It has been requested I ask this vote commence immediately. I ask unanimous consent that we start the vote on the Biden amendment. This is a motion to table the Biden amendment.

I move to reconsider the vote.

Mr. President, I ask unanimous consent that Senator Burns be removed as a cosponsor of amendment No. 3490.

Mr. President, I have a list of the members of the subcommittee staff for the Defense Appropriations Subcommittee who have worked so hard on this bill. So often, Senator Inouye and I as the cochairmen of the committee get credit for what is done, but I think we have the hardest working staff in the Congress. They have done an admirable job, and we have a fair and balanced bipartisan bill. I ask unanimous consent that the list of their names be printed in the Record.

I agree with the Senator from Nebraska. The State Department has traditionally administered the funds necessary for embassy operations. Although the Senate bill does not allocate the funds to the State Department, we will do our most to support the House language in conference on this matter to ensure the State Department retains the authority to obligate the subject funds.

I thank the Senator for his kind comments.

The Senator is correct.

That is the purpose of the appropriation.

The Senator's understanding is correct. These funds are also envisioned to be used for these types of force protection initiatives.

I am aware of the M1A2 SEP and its capabilities.

I am.

Mr. President, I join my good friend from Michigan in his support for this program and the National Automotive Center. I understand the Army and the Office of the Secretary of Defense have confirmed that the FTTS program is on track and possesses a transition pathway that will enable the insertion of new technologies into the Army's tactical wheeled vehicle fleet. These technologies will enable the Army to field a lighter, more mobile and more effective fighting force.

I concur with the Senator from Michigan. This is an important program, and I support investing in the FTTS science and technology efforts at the National Automotive Center at the level requested by the President. I assure him that I will work in conference to fund this program at the President's Budget request.

Mr. President, I ask for third reading of the bill.

We have already ordered the yeas and nays. This is final passage, Mr. President.

I move to reconsider the vote.

Mr. President, on behalf of my good friend and co- chairman, I thank the Senate for coming together so quickly behind this enormous bill. This is the largest Defense appropriations bill in history, but it takes into account the needs of our men and women in uniform throughout the world. As I said, some 120 different countries have our men and women in uniform. It takes care of the great problems for those men and women in harm's way.

We thank all of our colleagues for their support and for their confidence in this bill. I again thank the staff.

I am overawed by the fact that it is a unanimous vote on this unanimous bill. I think it is a symbol to the country that we are willing to come together in times of crisis.

Mr. President, I ask unanimous consent that the Senate insist on its amendment, request a conference with the House on the disagreeing votes, and the Chair then appoint conferees on the part of the Senate.

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on June 24, 2004, at 10 a.m., in open session to consider the nomination of General George W. Casey, Jr., USA, for reappointment to the grade of general and to be Commander, Multi-National Force-- Iraq.

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on June 24, 2004, at 3 p.m., in closed session to receive a briefing regarding ICRC reports on U.S. Military Detainee Operations.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, June 24, 2004, at 2:30 p.m., to hold a hearing on Venezuela.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet for a hearing entitled ``Reauthorization of the Carl D. Perkins Vocational and Technical Education Act: Education for the 21st Century Workforce'' during the session of the Senate on Thursday, June 24, 2004, at 10 a.m., in SD-430.

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

to meet to conduct a markup on Thursday, June 24, 2004, at 9:30 a.m. in Dirksen Senate Building Room 226.

Tentative Agenda

I. Nominations

Claude A. Allen to be U.S. Circuit Judge for the Fourth Circuit and Michael H. Watson to be U.S. District Judge for the Southern District of Ohio

II. Legislation

S. 1735, Gang Prevention and Effective Deterrence Act of 2003 [Hatch, Feinstein, Grassley, Graham, Chambliss, Cornyn, Schumer, Biden];

S. 1635, L-1 Visa, Intracompany Transferee, Reform Act of 2003 [Chambliss];

S.J. Res. 4, Proposing an amendment to the Constitution of the United States authorizing Congress to prohibit the physical desecration of the flag of the United States Act of 2003 [Hatch, Feinstein, Craig, Sessions, DeWine, Grassley, Graham, Cornyn, Chambliss, Specter, Kyl];

S. 1700, Advancing Justice through DNA Technology Act of 2003 [Hatch, Biden, Specter, Leahy, DeWine, Feinstein, Kennedy, Schumer, Durbin, Kohl, Edwards]; and

S. 2396, Federal Courts Improvement Act of 2004 [Hatch, Leahy, Chambliss, Durbin, Schumer]

Mr. President, I ask unanimous consent that the Subcommittee on Aviation be authorized to meet on Thursday, June 24, 2004, at 9:30 a.m., on Security Screening Options for Airports.

Mr. President, I ask unanimous consent that the Subcommittee on Forestry, Conservation and Rural Revitalization of the Committee on Agriculture, Nutrition, and Forestry be authorized to conduct a hearing during the session of the Senate on Thursday, June 24, 2004. The purpose of this meeting will be to review the implementation of the Healthy Forests Restoration Act.

Mr. President, I ask unanimous consent that the Subcommittee on National Parks of the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, June 24, 2004, at 2:30 p.m. The purpose of the hearing is to receive testimony on S. 2543, to establish a program and criteria for national heritage areas in the United States, and for other purposes.

Mr. President, I ask unanimous consent that the Subcommittee on Science, Technology, and Space be authorized to meet on Thursday, June 24, 2004, at 2:30 p.m., on H.R. 2608--National Earthquake Hazards Reduction Program Reauthorization Act of 2003.

Mr. President, I ask unanimous consent that Steven Wackowski, an intern with the Defense Appropriations Subcommittee, Pete McAleer, a Defense fellow in Senator Gregg's office, and Brian Glackin, a Defense fellow in Senator Cochran's office, be granted privileges of the floor during the consideration of the fiscal year 2005 Defense appropriations bill.

Mr. President, I support the Armed Services Committee recommendation. It was also the administration's position that this cap on military personnel in Colombia be increased to 1,400. Senator Byrd's amendment reduces that to 500.

There has been dramatic success in the war on drugs in Colombia. I have spent a great deal of time trying to keep up with this. The President of Colombia, Mr. Uribe, deserves a great deal of credit. We should support his continued efforts. His efforts have caused terrorist organizations to come to the peace table.

If we were to reduce our support now, they would have no reason to stay at the peace table. More U.S. personnel will only move the process forward.

I do not think we should go back to limiting our assistance to the Government of Colombia, as suggested by my good friend from West Virginia. I personally spent time with the commander of the U.S. Southern Command, GEN James Hill, as did the

chairman of the Armed Services Committee. We were briefed, as were other members of the subcommittee, on the situation there. He has strongly urged us to support the administration's request to raise this cap.

It is my hope, depending on the circumstances here in the Senate, that a group of us can travel to Colombia this year and examine firsthand what is going on down there.

This country could be a beacon now against terrorism in South America. It is something we should support. We should not retreat from the war on terrorism. The increase to 1,400 is necessary to support this Colombian President, who has done so well, particularly against narcoterrorism.

I urge the Senate to support the request as it is stated in the Armed Services Committee bill, which is also the request of the administration. It certainly is the request of this Senator, who spent a great deal of time considering the problems in Colombia.

I yield the floor.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Amendment No. 3423

Mr. President, I don't know the situation regarding this bill.

Mr. President, are we in morning business?