Carl Levin

Mr. LEVIN

Mr. LEVIN. Mr. President, let me add my thanks to the Senator from Indiana for his eloquent, passionate portrayal of the needs and responsibilities we have to carry out toward our guardsmen and reservists.

Mr. LEVIN. No objection.

Mr. LEVIN. Madam President, if there is no one prepared at this time to speak on the Durbin amendment, I ask unanimous consent that the Senator from Wisconsin be permitted to speak as in morning business for 5 minutes.

Mr. LEVIN. I believe that is a very useful purpose. I support that purpose. I support the Senator's amendment with that assurance. I don't know whether the Senator requested a rollcall, but if so we will support that rollcall.

Mr. LEVIN. If the chairman will yield on that point because I wish to affirm and confirm what he has just said, that these colloquies, which are necessary for clearance of amendments, are very useful. We are used to this, all of us in the Senate, engaging in these kinds of colloquies, and there is no intent, for instance, in this last colloquy, that amendment be listed as 1 of the 12 amendments on the Republican side.

Mr. LEVIN. Mr. President, we thank the Senator from Idaho for bringing this to the attention of the Senate and for making this correction.

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 I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LEVIN. Mr. President, I thank the Senator from Idaho. The two changes we have proposed to the amendment make it clear that the conviction of a capital offense, as referred to, could either be State or Federal, would have to be a final conviction so there is no appeal pending or a pending court challenge. And it provides for the possibility of a commutation of that sentence by a Governor or the President. With those two changes, it will be acceptable to us, and we can agree it will be part of a managers' package. There was no intent that this be 1 of the 12.

Mr. LEVIN. I thank the Senator.

Mr. LEVIN. As I understand it, national cemeteries, Federal cemeteries are governed by the amendment. With those changes, we will not object to the amendment. In fact, I think there will be good support for it. Senator Mikulski, as I understand, is a supporter of it. One other comment, Mr. President. It is my understanding that both the veterans organizations and the Veterans' Affairs Committee support this amendment; is that accurate?

Mr. LEVIN. Mr. President, if the Senator will yield further, we have had a discussion, and I received the assurance from Senator Craig, which I very much welcome, that it is not his intent that this lead to a broadening of this prohibition to include all felonies, but it is his intent, both in the amendment and his personal view, that this should be limited to the capital offense as identified in the amendment.

Mr. LEVIN. I agree with that purpose. I want to be absolutely certain that all parts of the Executive order, including the specific requirement of section 1, continue and are not purported in any way to be changed by the Senator's amendment.

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

Mr. LEVIN. Mr. President, I support very much the Chambliss amendment. I think it makes an important statement, as well as taking an important step toward greater equity relative to retirement. The Senator from Georgia has described his amendment, and I will not describe it again because he has accurately described it. I commend him for this amendment. It is an important amendment. I ask the Presiding Officer whether there is time between the vote on the Chambliss amendment and the Durbin amendment for an explanation of the Durbin amendment.

Mr. LEVIN. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. LEVIN. Mr. President, I do believe there is at least one Member on this side who will be offering or considering a second-degree amendment.

Mr. LEVIN. The second-degree amendment--however one wants to characterize it--I do understand there is a second-degree amendment possible.

Mr. LEVIN. So we do not mislead our friend from Oklahoma, there may very well be Senators of whom I am not aware who would want to speak in opposition.

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

Mr. LEVIN. Mr. President, I appreciate the chairman's comment. I do hope and believe that Senator Reed will in about half an hour be able to address the issue. I can't commit to a vote, however, as indicated by the chairman. I believe there is some scheduling issue on this side which may preclude a vote at the time hoped for by the chairman. But let me work that issue the best I can as to when the vote would come on this amendment. I believe Senator Craig may have an amendment----

Mr. LEVIN. I hope we could stack votes at some point, including a vote on the Inhofe amendment with a second-degree possibility and also----

Mr. LEVIN. I will be in a position of supporting the Chambliss and Durbin amendments. While the Chambliss amendment takes an important step, the Durbin amendment takes three or four important steps in the right direction allowing earlier retirement. Where there has been 25 years of service, for instance, retirement would be allowed at age 55. Where there has been 24 years of service under the Durbin amendment, retirement would be allowed at age 56. There is a greater cost. I think it is justified. We will talk more about that in the minute which has been allowed on the Durbin amendment.

Mr. LEVIN. Is there any way of determining that now?

Mr. LEVIN. And the Ensign amendment as well. I have talked to Senator Craig and you have apparently.

Mr. LEVIN

Mr. LEVIN. Mr. President, the U.S. Conference of Mayors recognizes the importance of preserving records of gun purchases by known terrorists and the important role they could potentially play in uncovering a terrorist attack before it is carried out. We owe it to all Americans in this era of heightened risk of terrorist attack to do all we can to protect their safety.