[Congressional Record Volume 150, Number 23 (Friday, February 27, 2004)]
[Senate]
[Pages S1854-S1856]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  UNANIMOUS CONSENT REQUEST--H.R. 3850

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of H.R. 3850, a highway program extension 
bill, which is at the desk. I further ask unanimous consent that the 
bill be read the third time and passed, and the motion to reconsider be 
laid upon the table.
  (Mr. CHAFEE assumed the Chair.)
  Mr. REID. Is this the 2-month extension?
  Mr. FRIST. Yes.
  Mr. McCAIN. Mr. President, reserving the right to object. first of 
all, I don't object to taking up the highway extension bill under the 
normal Senate procedures, which is that the bill is an amendable 
vehicle. That is the normal parliamentary procedure we abide by as we 
address legislation, so I don't object to taking up the highway 
extension bill under the normal Senate procedures, which makes the bill 
amendable. I would obviously have an amendment to the bill.
  I object to the unanimous consent request that it be taken up and 
passed without debate or amendment.
  Second of all, we have to make some choices here. The choice is 
whether we will have a short-term disruption--and I might point out no 
existing projects now underway would be cut off--of the highway 
programs, or we renege on our commitment to the families who lost their 
loved ones, brave firefighters and members of law enforcement agencies, 
on September 11, 2001.
  Senator Lieberman and I introduced legislation that created a 
commission to study the causes of the tragedy of September 11, 2001, 
and also an effort to prevent a recurrence of that terrible tragedy. We 
have a choice here between a temporary disruption--I might say a minor 
one, although it will be described, as it is whenever a government 
agency might be disrupted, as ``Apocalypse Now''--or telling the 
families of those who died on September 11 the Commission will not be 
able to complete its work and part of the reason for it, as described 
by Commission members, is because of failure to cooperate on the part 
of the administration.

  We are faced with a choice. If there is another amendable vehicle 
that would have an amendment on it that must pass by the House, I would 
be glad to agree to passage of this extension. If there is any way we 
could get the other body to agree with what the President has asked 
for--not Senators McCain and Lieberman, but what the President asked 
for--and that is an extension of 2 months of the 9/11 Commission, which 
was reported out of the Intelligence Committee unanimously yesterday, 
then I would be glad to withdraw my objection.
  The majority leader just pointed out, this is the end of civilization 
as we know it if these highway employees are deprived of some hours. I 
might point out we knew when this bill was going to expire. Why is it 
we do business in such a way that we are faced with a shutdown unless 
we give an extension, knowing when the bill was going to expire? Most 
importantly, we all have a choice to make here, including the majority 
leader and the Senator from Missouri and the Senator from Nevada. We 
have a choice. Are we going to face a disruption in some highway 
projects which, although important, can be fixed and repaired over time 
or are we going to abandon the families of 9/11 who demanded and 
received the appointment of a commission that would thoroughly and 
completely investigate the events that led up to one of the greatest 
tragedies in American history? That is our choice. I intend to again 
object to this unanimous consent agreement.
  I will agree to taking up the highway extension bill and to not 
blocking it if I am allowed to amend it. I cannot dictate the schedule 
of the other body. But I do know the President of the United States, 
the majority leader, a majority of the Senate, the members of the 9/11 
Commission, and the families of those who died want this Commission to 
be able to complete its work and, by God, we should honor that 
commitment to them.
  I object.
  The PRESIDING OFFICER. The Senator from Connecticut is recognized.
  Mr. LIEBERMAN. Mr. President, reserving the right to object, I intend 
to join Senator McCain in this objection. Let me say this briefly 
because he has spoken clearly and powerfully. Life is about choices. We 
don't take any pleasure in stopping the extension of the highway law 
and the consequent disruption that may occur. There are priorities 
here.
  As I see this, the objection we are registering in pursuit of an 
extension of the time limit or deadline of the work of the September 11 
Commission, as agreed to by the White House, as requested by the 
bipartisan 9/11 Commission led by the distinguished former Governor of 
New Jersey, Republican Tom Kean, as demanded by the families of the 
victims of September 11, that has to take precedence in the choices we 
make.
  I believe the work of this Commission is a critical element in the 
larger war on terrorism because the work of this Commission is to 
determine independently, aggressively how did September 11 happen. 
September 11 occasioned the official commencement of our war on 
terrorism. Unless we exhaust every opportunity to determine how it 
happened, we cannot feel we are successfully prepared to fight and win 
the war on terrorism and to protect the American people at home from 
ever having to suffer again the kind of devastating attack we suffered 
September 11, 2001. It is that important.
  Senator McCain and I introduced this proposal in the fall of 2001 to 
create the Commission. It took more time than it

[[Page S1855]]

should have to create it. It has been created. The Commission has had 
more trouble than it should have had obtaining documents, including 
noncooperation--or at least footdragging by folks in the 
administration, which I don't understand, because we are all on the 
same side here. It is possible had that kind of delay not occurred, the 
original deadline of May 27 of this year for the work of the Commission 
would have been adequate. It is not.
  The bipartisan commissioners have told us that the White House has 
agreed--to the President's credit and the administration's credit--that 
a 2-month extension is necessary, to July 27, plus an additional month 
for the Commission to wind down after it issues its report and the work 
it is doing.
  The Senate Intelligence Committee unanimously reported out such a 
proposal yesterday. I don't believe there is any objection to it here 
in the Senate. There is bipartisan support. Yet some of our friends in 
the House leadership apparently do object. With all respect, I say they 
are plain wrong. I don't understand it.
  Therefore, Senator McCain and I are faced with a choice. We have to 
make a choice. We have made the choice and, in doing so, respectfully, 
there may be consequences to this highway bill. I join the Senator in 
saying we would be happy to have another vehicle that the House will 
definitely have to take up to get this done. It is that important.

  We do not live in ordinary times. We have constitutional 
responsibilities to provide for the common defense and to insure 
domestic tranquility. To me, with all respect to the consequences of 
not extending the highway law--and they are real--they pale in 
significance to not giving this commission the extra time it needs to 
complete its work.
  Here again, the Congress is challenged procedurally to find a way to 
allow what I think every Member of the Senate wants to happen. That is 
why Senator McCain and I are standing up and basically crying out to 
our colleagues: Help us. Don't just help us, help the country 
successfully prosecute the war on terrorism with the information that 
will result from this Commission's report. Help us honor the memory of 
the 3,000 who were killed on September 11, 2001, and help us respond to 
the understandable appeals of the families of the victims of September 
11, of which about 114 families live in the State of Connecticut.
  It is for those reasons, respectfully, that I join Senator McCain in 
this objection.
  I thank the Chair and yield the floor.
  The PRESIDING OFFICER. Objection is heard. The majority leader.
  Mr. FRIST. Mr. President, let me make several points in response 
because we are going to work this out in some shape or form. I am not 
exactly sure how yet, but the challenge has been laid out.
  We have two independent issues that my two colleagues are rightfully 
linking, but by linking them, 5,000 Americans and their families are 
going to be hurt. I would argue they are being hurt by their proposal--
it can be blamed on all sorts of situations as to how we got to where 
we are, but the point is, if the action they propose is taken, 5,000 
families who have nothing to do with the Commission--they are separate 
issues--these transportation families are going to be hurt 
unnecessarily by their action today.
  I hope what I have just said is proven right by us working together 
today and settling this matter because what they propose, because the 
House is out of session and because the bill is before us, if amended, 
cannot be acted upon by the House until next Tuesday night, and 5,000 
transportation families will be hurt by what they are insisting upon. 
Therefore, that is unacceptable to me.
  I say that very quickly. Let me say that I support the extension. 
Both Senators who have spoken know I am a supporter of their 
initiative. The President of the United States supports their 
initiative of an extension. But I am not going to have 5,000 families 
hurt unnecessarily today. That is what we need to work out. That is No. 
1.
  No. 2, the Commission--I have talked mainly about transportation--the 
Commission about which my colleagues from Arizona and Connecticut 
talked so eloquently, and the families, my commitment is to them to 
also make sure through this Commission that we have an extension, and I 
will use all the powers that a leader has in his caucus to make sure 
that Commission has sufficient time and access in fairness to the 
benefit of those families. They deserve that. It is very important the 
families understand that is my commitment as majority leader of the 
Senate and that is what the majority of the Senate believes. Though we 
are having a disagreement with the House, in part, I am confident we 
will be able to work through that, as well.

  The reason I say these 5,000 families do not have to be hurt, with 
paychecks stopping, a big furlough, don't show up for work, which has 
real repercussions throughout our transportation system, is that what 
we decide today on extension of the Commission will not have any impact 
if we can make that same decision a week from now or 2 days from now or 
3 days from now.
  Why do I say that? Because the Commission is still working. It is 
working February, March, April, and May. The Commission is underway. 
They are doing their work. Originally, on May 27, the Commission is 
supposed to end, and the idea is extending it 2 months beyond that, 
which, again, I support. But the Commission is underway. We do not have 
to hurt 5,000 people in transportation families which will affect our 
infrastructure today because the Commission is working and we can still 
address the extension.
  There is no urgency about addressing the extension today. I 
understand my colleagues are using the leverage of this must-pass 
transportation bill, in my mind, to force the vote today on the 
extension. But for me, it does not have to be done today. I pledge to 
keep working with them.
  Mr. REID. Will the Senator yield for a question?
  Mr. FRIST. Let me go through my points quickly because it is 
important for people to understand we have been working on this for the 
last couple of days. I have been working with the Senator from Arizona, 
and he knows my commitment in trying to work out alternatives.
  The Senators from Arizona and Connecticut asked if there is another 
vehicle on which we can put this extension that is a must-do that will 
get through the system and make sure it will happen, which is their 
objective and my objective. The problem with that--and again we had 
this discussion--is, What vehicle does he suggest?
  I suggested the adjournment resolution. That is usually a must-do. 
But then the response to that was that is not certain these days for 
all sorts of reasons. Can we put it on the underlying bill that is 
pending before the Senate, the gun liability bill? That may not quite 
work because we don't know what the outcome of that bill is going to 
be.
  I mention that only to say, let's work together, and if we can agree 
on another amendable vehicle, then I am willing to work with that, and 
I will do everything I can. I think we can be successful. The problem 
is when you set a bar that is going to become law in the next few days, 
it is impossible.
  Mr. McCAIN. Will the majority leader yield?
  Mr. FRIST. One other point, because it is going to be important as we 
go forward, has to do with what the Intelligence Committee did 
yesterday. Again, all of the Senators are aware that the Intelligence 
Committee yesterday, on Thursday, marked up a bill which is consistent 
with what I believe and what the Senator from Arizona believes, that a 
2-month extension is appropriate. They marked up that legislation. We 
are going to hotline that bill right now to see if we can get unanimous 
consent for that bill. I just want to put that on the table. Again, it 
is a freestanding bill that later this morning I will ask unanimous 
consent that we address. That bill would be brought to the floor and 
passed, which again is exactly what the families want, what Senator 
McCain wants, what Senator Lieberman wants, what the President of the 
United States, I suppose, the administration wants and would ask that 
my two colleagues at least consider that approach as well.

  Let me close and say it is unnecessary to hurt these 5,000 people 
today. There are alternatives that will allow the Commission, if we 
work together, to be extended, if that is the will of the

[[Page S1856]]

Senate. We would be unnecessarily hurting our transportation community 
by linking two unrelated issues just to use leverage to get this 
extension passed.
  Mr. McCAIN. Mr. President, will the majority leader yield for one 
question?
  Mr. FRIST. Let me yield to the Senator from Connecticut and then the 
Senator from Arizona, or either one.
  Mr. McCAIN. Mr. President, I just have a brief question for the 
majority leader. In case he missed the morning Washington Post, it says 
that the independent commission investigating the September 11, 2001, 
attacks will have to consider scaling back the scope of its inquiry and 
limiting public hearings unless Congress agrees by next week to give 
the panel more time to finish its work, its chairman. Governor Keane, a 
Republican chairman, said that their ability to conduct their 
investigation will be impaired permanently and severely unless Congress 
acts by next week.
  Mr. FRIST. In response to the Senator's question, I have not read the 
article today, but I am glad he pointed it out. Let's do it by next 
week and not hurt 5,000 people with an unrelated issue trying to use 
leverage that he knows we have no alternative to deal with on the floor 
of the Senate.
  I am glad he pointed it out. Let's deal with it next week. He knows I 
am working to deal with it, which shows it does not have to be dealt 
with today and hurt 5,000 people.
  Mr. McCAIN. The majority leader is incorrect. This article was last 
Friday, talking about this week, the chairman of the panel talking 
about this week.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. LIEBERMAN. I thank the Chair and the leader.
  My friend from Arizona is right. That is the first thing I wanted to 
point out that it was February 20, 1 week ago, in the Washington Post 
that Governor Keane made those statements.
  I will give a quote from him:

       Every week that goes by makes the extension less valuable. 
     When you have to work toward the earlier deadline, you have 
     to start cancelling things and you can't go over things quite 
     as clearly as you might like.

  This is last Friday. He says:

       Congress comes back into session next week and we really 
     need to hear something by then.

  We all know we would not be here doing this if the leadership in the 
House at one point had not said quite clearly that they were not going 
to let this extension pass, notwithstanding the fact that the 
Commission requested it, the President has accepted the extension, and 
it is pretty clear to me, Senator Frist, the leader, the Democratic 
leadership, all support the extension.
  Unfortunately, the nature of the presses that often breaks down here, 
the only way one can get done what one really thinks is necessary in 
the national interest is to stand up and say, stop.
  Of course, we do not want to put those 5,000 families at a 
disadvantage even temporarily, but we do not have an alternative.
  Mr. FRIST. Will the Senator yield?
  Mr. LIEBERMAN. Yes.
  Mr. FRIST. Is it the contention of both the Senators that the 
Commission right now has had to shut down this week because we have not 
allowed this extension?
  Mr. LIEBERMAN. No, not at all.
  Mr. FRIST. Is that what the Senator from Arizona is basically 
implying, that the Commission has cut back this week or if it is not 
settled today that the Commission has been compromised?
  Mr. McCAIN. Could I respond by again repeating what was in last 
week's Washington Post: The independent Commission will have to 
consider scaling back the scope of its inquiry, limiting public 
hearings, unless the Congress agrees by next week--that is this week--
to give the panel more time.
  They may not have to shut down but certainly their ability to conduct 
their investigation, according to the chairman of the Commission, Mr. 
Keane, former Governor of New Jersey, a Republican, says would be 
impaired.
  Every week that goes by makes the extension less valuable, and when 
they have to work toward the earlier deadline they have to start 
cancelling things and cannot go over things quite as clearly as they 
might like. There is a certain urgency, obviously, to Governor Keane's 
plea that we act this week.
  Mr. FRIST. Mr. President, let me go ahead, because I had asked that 
we further explore the only option I see, and again I think we ought to 
at least address that. If we do what the Senator from Arizona has 
proposed, 4,600 employees cannot show up for work, are not going to be 
paid and are going to be hurt if we accept their proposal. So I ask 
that they consider the proposal which I mentioned a few minutes ago, I 
said we would be hotlining, and to take the bill that was passed out of 
the Intelligence Committee yesterday, that does exactly what they want, 
what I want, which is to extend the Commission, and pass that as a 
freestanding bill. So as majority leader, I am prepared to get this 
bill done this minute.

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