[Congressional Record Volume 150, Number 74 (Tuesday, June 1, 2004)]
[Senate]
[Pages S6261-S6263]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ORDER OF PROCEDURE
Mr. FRIST. Madam President, I have discussed the upcoming schedule
with the Democratic leader. We currently have a cloture vote scheduled
for 5:30 today on the motion to proceed to the class action fairness
bill. In a moment, I will ask unanimous consent to vitiate that cloture
vote.
As I mentioned earlier this morning, it has been our hope to finish
both the Defense authorization bill and the class action legislation in
a timely way. To expedite completion of the Defense authorization bill,
we will need to limit amendments so the managers of the bill can begin
to schedule amendments accordingly.
In addition, we would like to reach an agreement to begin the class
action bill immediately upon the conclusion of the Defense
authorization with no need for the motion to proceed. Having said that,
I am prepared to ask unanimous consent but will withhold for any
comment.
I now ask unanimous consent that the 5:30 cloture vote be vitiated
and that the Senate begin consideration of S. 2062, the class action
fairness bill, at the conclusion of the pending Defense authorization
bill.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
Mr. FRIST. Madam President, I further ask unanimous consent that at
5:20 today the Senate proceed to executive session for the
consideration of calendar No. 558, the nomination of F. Dennis Saylor,
IV, to be U.S. District Judge for the District of Massachusetts;
provided further that be there 10 minutes equally divided for debate
prior to the vote on the confirmation of the nomination with no
intervening action or debate.
Finally, I ask unanimous consent that following the vote the
President be immediately notified of the Senate's action and the Senate
then resume legislation session.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
Mr. FRIST. Madam President, I now ask unanimous consent that the only
remaining first-degree amendments in order to the pending Department of
Defense bill be limited to the list I have sent to the desk. I further
ask unanimous consent that these amendments be subject to relevant
second degrees.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
The list is as follows:
Akaka--National Security Education, Akaka--Smart
Scholarship, Alexander--Federal Assistance No. 3173, Allard--
Air Force Academy, Allard--Air Force Academy, Allard--Missile
Defense, Allard--Rocky Mountain Arsenal, Bayh--Advanced
Manufacturing Tech., Bayh--Iraq Reporting Requirements,
Bayh--Missile Defense, Bennett--Mercury Storage, Bennett--
Nuclear Testing, Bennett--UT Test and Training Range, Biden--
Adjust Tax Cut to pay for War, Biden--Information Operations.
Biden--Preventing Identity Theft, BIden--Relevant, Biden--
Relevant, Bingaman--EEG, Bingaman--HSI Definition, Bingaman--
Non-Proliferation, Bingaman--Nuclear Weapon, BIngaman--
Report, Bingaman--Science Technology, Bingaman--Vaccine
Health Care Center, Bond--Military Voting, Bond--Nuclear
Energy Workers, Bond--Relevant, Bond--Relevant, Bond--
Relevant.
Boxer--Lengthy Deployment Pay, Boxer--Missile Defense,
Boxer--Rape of Women Service Members, Boxer--Relevant,
Brownback--FCC Decency, Brownback--S.O.S. re: Air Force No.
3232, Brownback--Taiwan No. 3222, Byrd--Industrial
Commission, Byrd--Relevant, Byrd--Relevant, Byrd--Use of
Force, Campbell--Korean Medals, Cantwell--Capehart,
Cantwell--Extend Unemployment Compensation, Cantwell--Former
Dept. Of Energy Medical Screening.
Cantwell--Global Poverty Study, Cantwell--High Level
Radioactive Waste, Cantwell--High-Level Waste, Chafee--Berry
Amendment No. 3177, Chambliss--Retired Pay No. 3223,
Clinton--Commissaries and Schools, Clinton--Medical Tracking
and Readiness (filed), Collins--Energy Savings Plan No. 3230,
Collins--OMB Circular A-76 No. 3224, Collins--Outsourcing,
Collins--Pilot Fees, Conrad--Relevant, Conrad--Relevant,
Corzine--Relevant, COrzine--Relevant.
Corzine--Reservist Retirement, Corzine--Sovereignty,
Craig--Immigration, Daschle--B-1, Daschle--Flesh Eating
Parasites, Daschle--Military Reservist AG Loan Obligation,
Daschle--Relevant, Daschle--Relevant to the List, Daschle--
TRI CARE, Daschle--VA Health Care, Dayton--Buy American,
Dayton--Operational Cost Reporting, Dodd--Federal Law
Enforcement Officers, Dodd--Firefighters, Dodd--Health and
Safety Equipment.
Dodd--Military Offset Contracts, Dodd--Private Military
Firms, Domenici--Joint Study Center No. 3168, Domenici--
Training Flights No. 3167, Dorgan--Oversight (with Wyden),
Dorgan--Radio/TV Marti, Dorgan--Relevant, Dorgan--Relevant,
Durbin--Dietary Supplement, Durbin--Reservists Pay, Durbin--
Small Business Set Asides, Durbin--Treatment of Prisoners,
Durbin--Treatment of Prisoners, Ensign--Oil for Food,
Ensign--Relevant.
Enzi--Air Tankers, Feingold--FMLA Benefits, Feingold--
Inspector General's Office, Feingold--Relevant, Feingold--
Transition Services for Military, Feinstein--Afghanistan
Anti-drug Effort, Feinstein--SoS re: Perchlorate,
Fitzgerald--Veterans Health, Frist--Relevant to any on list,
Frist--Relevant to any on list, Frist--Relevant to any on
list, Frist--Relevant to any on list, Frist--Relevant to any
on list, Graham (Florida)--Haitian Refugee Immigration
Improvement Act, Graham (Florida)--Night-Vision Goggles
Training.
Graham (Florida)--NSA Recruiting Program, Graham
(Florida)--Relevant, Graham (Florida)--Relevant, Graham
(Florida)--Relevant, Graham (Florida)--Relevant, Graham
(Florida)--Relevant, Graham (Florida)--Relevant, Graham
(Florida)--Relevant, Graham (South Carolina)--CIPC, Graham
(South Carolina)--DOE, Graham (South Carolina)--Independency
of Judiciary, Graham (South Carolina)--Relevant, Graham
(South Carolina)--TRICARE, Grassley--Army Industrial
Facilities No. 3153, Grassley--Counter Drug in Afghanistan.
Hagel--Increasing Troop Strength, Harkin--Armed forces
media, Harkin--Code talkers, Harkin--Energy employees
compensation cohort, Hollings--Land Conveyance, Hollings--
Relevant, Inhofe--Foreign Military and Security Forces No.
3200, Inhofe--Iraq and Afghanistan Funding No. 3198,
Inhofe--Relevant, Inhofe--Relevant, Inhofe--Relevant,
Inhofe--USO Procurement No. 3199, Johnson--Hazardous Duty
Pay, Kennedy--AG Jobs, Kennedy--Beryllium Screening for
Worker Health and Safety.
Kennedy--Civilization of JAG Functions, Kennedy--Federal
Employees, Kennedy--Impact Aid, Kennedy--Increase in ``One
Source'' Funding for Military Families, Kennedy--Iraq Policy,
Kennedy--Iraqi Prisoner Abuse, Kennedy--Nuclear Weapons (with
Feinstein), Kennedy--Relevant, Kennedy--Relevant, Kennedy--
Relevant, Kennedy--Return of Military Remains, Kennedy--
Russian American Observation Satellite, Landrieu--Land
Conveyance, Landrieu--Preseparation Counseling, Landrieu--
Survivor Benefit Plan (filed).
Lautenberg--Reimbursement for Medicare VNR's, Lautenberg--
Relevant, Lautenberg--Special counsel on No-Bid Iraq Oil
Contracts, Leahy--Civilian Assistance, Leahy--Data Mining
Protection, Leahy--National Guard Title 32, Leahy--Relevant,
Leahy--War Time Profiteering, Levin--Iraqi Lessons, Levin--
Managers' Amendments, Levin--Relevant,
[[Page S6262]]
Levin--Relevant, Levin--Relevant, Levin--Relevant to the
list, Levin--Relevant to the list.
Levin--Supplemental Authorization, Lieberman--Relevant,
Lieberman--Relevant, Lott--BRAC No. 3220, Lott--RDT&E for
Advanced Ferrite Antenna No. 3179, Lott--S.O.S. re:
Shipbuilding No. 3233, Lott--Search and Rescue No. 3221,
McCain--2nd Degree Buy America, McCain--2nd Degree Buy
America, McCain--GAO Study, McCain--Relevant, McCain--
Relevant, McCain--Relevant, McCain--Relevant, McCain--
Relevant.
McCain--Relevant, McCain--Relevant, McCain--Relevant,
McCain--Service Academy Professors No. 3229, McCain--TRICARE,
McConnell--Relevant, McConnell--Relevant, McConnell--
Relevant, McConnell--Relevant, McConnell--Relevant,
McConnell--Relevant, Mikulski--Presidential Helicopter
Support Facility, Miller--Retired Warrant Officers,
Murkowski--AK Natural Gas Pipelines, Murray--Benefit
Improvement Guard and Reserves.
Murray--Child care Assistance Reserve Units, Murray--
Overseas Facilities Restrictions, Nelson (Florida)--Relevant,
Nelson (Florida)--Relevant, Nelson (Florida)--Relevant,
Nelson (Florida)--Relevant, Nelson (Florida)--Relevant,
Nelson (Nebraska)--DePSCOR, Pryor--Sacrifice, Reed--Military
Academy, Reed--Military contractors in Iraq Oversight, Reed--
Military Housing, Reed--National Missile Defense
Accountability, Reed--National Missile Defense
Accountability, Reed--Relevant.
Reed--Relevant, Reed--Tax Compliance by DoD Oversight,
Reed--Troop Strength Increase, Reid--Concurrent Receipt,
Reid--Relevant, Reid--Relevant, Reid--Relevant, Reid--
Relevant, Reid--Relevant to the list, Reid--Relevant to the
list, Santorum--Exchange and Sell, Sarbanes--Federal Charter
Korean War, Sarbanes--Sense of the Senate Housing
Privatization (Mikulski), Sarbanes--VXX Pax River, Schumer--
Relevant.
Schumer--Relevant, Schumer--Relevant, Schumer--Relevant,
Schumer--Relevant, Sessions--Relevant to list, Sessions--
Relevant to list, Smith--Hate Crimes No. 3183, Sununu--
William Billy Mitchell No. 3156, Talent--Hero Miles Act,
Talent--Military Readiness, Talent--S.O.S. re: WWI Museum,
Warner--Contingent Reserve Fund, Warner--Managers'
Amendments, Warner--Relevant to any on list, Warner--Relevant
to any on list.
Warner--Relevant to any on list, Warner--Relevant to any on
list, Warner--Relevant to any on list, Wyden--Iraqi Oversight
Contracts, and Wyden--Oil.
Mr. FRIST. Madam President, the amendment list I sent to the desk is
a large amendment list. Some of the amendments on the list do not have
anything to do with the Defense authorization. I want to make it clear
that I don't believe many of the amendments are appropriate to the
Defense bill. This is indeed true on both sides, both the lists
submitted from this side of the aisle and on the other side of the
aisle.
We are locking in this list so we don't find ourselves with twice as
many amendments if we wait until later tonight or tomorrow.
Having said that, we have a limited universe of amendments. We have
not agreed to consider each and every one of the amendments, but we do
have this limited universe. There is no reason, I believe, that we
should not be able to finish the bill either late this week or early
next week.
I hope the Democratic leader agrees and will work with us to ensure
the bill is completed in a reasonable time next week.
All of this agreement has been reached through conversations with the
Democratic leadership and the managers on both sides of the aisle.
The PRESIDING OFFICER. The Democratic leader.
Mr. DASCHLE. Madam President, I share the view expressed by the
majority leader. He and I have had conversations about the scheduling.
I think it is the right decision. We made some progress on the bill
before the recess.
I think the excellent manager relationship we have on both sides of
the aisle with regard to this particular bill will serve us well as we
work through amendments. There are a lot of place holders. There are a
lot of amendments where Senators simply wanted to be protected, and we
respect that. But as we do with the number of bills, we will work with
our managers to constructively come up with a more manageable and
practical list as the next day or so unfolds. I think we can complete
our work in a timely way.
As I have indicated to the majority leader, it is not our desire to
oppose going to the class action bill once the work on the DOD bill has
been completed. We will have a good number of amendments on that bill
as well. But this sequence makes the most sense given our circumstances
right now. We need to finish our work on the DOD bill given our
circumstances in Iraq in particular, and I think this schedule will
accommodate that need. I think we are where we need to be at this
point.
I will continue to work with both of our managers to see that we
finish our work on this bill as we expected we would prior to the
recess.
I yield the floor.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WARNER. Madam President, I wish to express my appreciation to
both leaders. Senator Levin and I have handled this bill for many
years. This list is not unlike what we have had before.
The Senate will work its will. I know some Senators think perhaps
their amendments should have been on the list. But I have experienced
cooperation on my side to not have several amendments on the list; I
expect my colleague from Michigan did likewise; the Senate is anxious
to have a lot of issues addressed. But this is a very key piece of
legislation which is a must on behalf of the men and women of the Armed
Forces.
I thank the leadership.
I yield the floor, and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The journal clerk proceeded to call the roll.
Mr. REID. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Madam President, it is important we were able to work out
the arrangements we have made to go to this most important Defense
authorization bill. As Senator Daschle mentioned, the two managers are
experienced; they have dealt with these issues for many years. This is
the time to work on the Defense authorization bill, not some side issue
that, important as it might be, does not compare to the importance of
this Defense bill.
We had five soldiers killed yesterday in Iraq. During the months of
April and May, we averaged two soldiers a day being killed. Now over
800 have been killed in Iraq. We are approaching 5,000 who have been
wounded, some of whom have lost legs, eyes, and are paralyzed.
I cannot imagine we would move off this piece of legislation. It is
important Members of the Senate have the opportunity to offer their
views on what should be done or what should not be done with this
Defense authorization bill. There are going to be a number of
amendments, but this is nothing new. Even when we do not have two
soldiers killed every day, we spend a lot of time on this bill. With
120 of our men and women having been killed in 60 days, they and those
people who are now over there in the trenches, so to speak, deserve our
full time and attention on this most important piece of legislation.
I am glad we are now able to work on this bill and not set it aside
and come back at a subsequent time. We were beginning to have some
momentum when there was a decision made to pull off the bill. There are
amendments that will take a little bit of time, but I don't think we
should worry about that. When we get to class action, we will get to
class action. When we finish this bill, it will be for the good of the
country, especially if there has been a full debate.
I have just returned from home, as have the other 99 Senators. There
is not a single issue that we should be dealing with other than our
military forces, based on the conversations I had with people at home.
Whether it is talk radio, town hall meetings, or campaign events, the
No. 1 issue is Iraq. We in the Senate cannot hide our heads in the sand
and pretend it is not important; it is.
I look forward to the management of this legislation by our two fine
committee leaders, Senator Warner and Senator Levin. When the process
is finished, we will truly have a bill that represents the wishes of
the American people--or at least that is the way it should be.
I yield the floor and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The clerk proceeded to call the roll.
Mr. KENNEDY. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
[[Page S6263]]
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________