Carl Levin

Mr. LEVIN

Mr. LEVIN. Usually with his arm around you.

Mr. LEVIN. Mr. President, the Senator from Nevada has assured the Senate that this amendment does not seek, in any way, to change current policy, including Executive Order 11850, relative to the use of riot control agents. I note that the President has provided the Presidential approval required by that Executive order for use of riot control agents in Iraq. We look forward to consulting with the administration. The amendment of the Senator from Nevada is an appropriate amendment. It could be very helpful, and we support the amendment.

Mr. LEVIN. In which all of us have participated. We have seen the parts that emerge and the parts that do not, and it is always a little mystery as to what emerges and what does not emerge. My understanding is that clearly is a precedent for treating all employees. Everybody is activated the same way as Federal employees. That is No. 1. So I think that is a good argument for the amendment. But also the cost of this amendment, it seems to me, given the qualification period of 6 months, as I understand it, the cost over 5 years would be $295 million which would be a little under $60 million a year; is that correct?

Mr. LEVIN. Mr. President, relative to the amendment of the Senator from Nevada, I had one question. Section 1 of Executive Order 11850 states the following: The Secretary of Defense shall take all necessary measures to ensure that the use by the Armed Forces of the United States of any riot control agents and chemical herbicides in war is prohibited unless such use has Presidential approval in advance. Is there anything in the Senator's amendment which purports or is intended to modify or change in any way that executive order?

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

Mr. LEVIN. Mr. President, this has been cleared with the majority. I call up the Durbin amendment No. 2473.

Mr. LEVIN. Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with.

Mr. LEVIN. I thank the Senator.

Mr. LEVIN. That is correct.

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

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

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

Mr. LEVIN. Mr. President, my understanding is that at 5:30 there will be two votes. I am wondering if Senator Lautenberg's amendment has been--I know it has been offered. I am wondering whether there is further debate on the Lautenberg amendment.

Mr. LEVIN

Mr. LEVIN. Mr. President, I ask unanimous consent that Richard Ferguson be allowed floor privileges during the consideration of the National Defense Authorization Act. He is a Defense fellow for Senator Harry Reid.

Mr. LEVIN

Mr. LEVIN. No objection.

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

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

Mr. LEVIN. First, I thank the Senator from Oklahoma for his amendment, for working to modify that amendment. We think it is a prudent and useful amendment and that it addresses a very significant issue which is how do we obtain more support from other countries to be effective in our effort against terrorism. So we want to thank the Senator from Oklahoma.

Mr. LEVIN. I am sure we can work it out whether the action has been taken. Have not the four packages been acted upon and approved en bloc?

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

Mr. LEVIN. Is it the intention that the packages be adopted one package at time?