[Congressional Record Volume 151, Number 162 (Friday, December 16, 2005)]
[Senate]
[Pages S13943-S13945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                PROGRAM

  Mr. FRIST. Mr. President, tomorrow we will return to session. As I 
stated this morning, we are waiting for additional legislative items to 
come from the House. The House may vote on the Defense authorization 
conference report later this evening or tomorrow morning. I am unaware 
of anyone who has requested a rollcall vote on that conference report 
and, therefore, we expect to debate that during tomorrow's session if 
that measure is received.
  We also have a number of nominations we have been working on over the 
last several days. We expect to get those wrapped up tomorrow. At this 
point, we anticipate acting on those nominations without the need for 
rollcall votes.
  Having said that, we will be in session working on the important 
business that remains. At this juncture, after discussion with the 
Democratic leader, we do not anticipate a need for rollcall votes 
tomorrow. I want to say that in a very careful way because we have so 
much happening right now and, as I said, we will be working through 
much of the night, and we want to continue to move forward on measures. 
Senators have been patient. We have said for some time that we would be 
in this weekend, Saturday and in all likelihood Sunday as well, working 
through our final business.
  Tomorrow, I will continue to work with the Democratic leader to clear 
as much as we possibly can by unanimous consent. We also expect the 
Defense appropriations conference report to be ready at some point this 
weekend, and we will turn to that measure just as

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soon as we possibly can, as soon as it is ready.
  We will remain in session to receive items from the House, and we 
will remain available to begin any necessary procedural options that 
are warranted. We will need to act on a continuing resolution tomorrow, 
and we will pass that when received from the House.
  As I mentioned, Members continue to ask about the schedule. We are 
doing our very best to keep our colleagues apprised as we go forward. 
There is a lot of work going on with negotiations off the floor. We 
will monitor those discussions and alert all Members as we get closer 
to having these last bills ready.
  Again, at this point, I do not see a need for rollcall votes 
tomorrow, although we will have to wait to see what we receive from the 
House.
  With regard to a Sunday session and Monday session, just as soon as 
we make final decisions in terms of timing, we will let people know as 
quickly as possible. If we do not vote on Sunday--and we are not 
prepared to say that yet--we would notify people as soon as that 
decision could be made. We are going to have a very busy Monday and 
votes will in all likelihood begin early Monday morning. This will not 
be a typical Monday where we do not vote until late in the afternoon. 
Again, I will have more to say regarding Sunday's schedule tomorrow.

  The PRESIDING OFFICER. The minority leader is recognized.
  Mr. REID. I understand the difficulties of the distinguished 
Republican leader, especially these last few days of this session of 
the Congress, but I would say that one way to expedite this is to get 
the Defense appropriations bill over here as quickly as possible and 
move in the ordinary course. I have said on the record and off the 
record, trying to stick this ANWR provision in a place it does not 
belong is going to create for this body untoward problems in the 
future.
  I am a long timer of the Appropriations Committee and the rule that 
is now in effect dealing with the scope of the conference; that is, the 
matters in the conference report that come back to the Senate floor 
have to be pertinent to the subject matter of the legislation that is 
taken to conference.
  We could complete the Defense appropriations bill in a matter of 
minutes but for this. There are people of goodwill on both sides of the 
aisle who do not like that process of trying to stick on this bill the 
unimaginable. I was not happy when earlier this year we lost on ANWR. 
The bill went out of here and the place where it could legally be put 
in a bill, that is reconciliation spending, was stripped by the House 
of Representatives. As a result of that, now we come back with this 
suggestion that they are going to stick it on the Defense 
appropriations bill.
  This is a body that lives by rules. We cannot be changing them just 
because the other side has more votes. So I would simply say to the 
distinguished majority leader, I hope he would help us stop this 
mischievous thing. I hope we have more of my friends on the other side 
of the aisle join with us in this, which is the right thing to do.
  I have heard the senior Senator from Arizona give speeches on this 
matter numerous times: Why did you put that in conference? Those are 
things within the scope. I cannot imagine how the Senator from Arizona 
must feel about putting something in a bill that has nothing relating 
to the scope.
  I say to all Senators that one way to wind up this session in a very 
positive vein is passing the Defense appropriations bill, not having to 
go through steps that would take us to have to invoke cloture on the 
Defense appropriations bill, change the rules of the Senate, change 
precedence in the Senate.
  I am terribly disappointed this is even being contemplated. I am 
willing to work with the distinguished leader and try to work things 
out this weekend. I do not contemplate any votes that would be 
necessary. We have to do the continuing resolution and we will complete 
that as soon as we get it. On my side I am not aware of any amendments 
on that. I spoke earlier this evening to the distinguished ranking 
member of the Armed Services Committee and he said he and the chairman, 
Senator Warner, are at a point where they can complete that legislation 
very quickly, and I hope that is the case. If we could finish Defense 
authorization, Defense appropriations, we could be out of here on 
Sunday.
  The PRESIDING OFFICER. The Senator from Virginia is recognized.
  Mr. WARNER. Mr. President, I rise to address the Senate on the status 
of the progress the conferees are making with regard to the Defense 
authorization bill. We have been in constant negotiations throughout 
the week and I am pleased to say that Chairman Hunter, who has 
exhibited extraordinary leadership, together with myself, Senator 
Levin, and Congressman Ike Skelton, we concluded our final conference 
with Members today. It was my understanding the bill would be filed in 
the House tonight.
  Accordingly, I provided a signature sheet, which is the standard 
protocol. All 13 members of the Armed Services Committee on the 
Republican side signed the sheet and Senator Levin likewise authorized 
me to include his sheet of those Democrats which signed. So they are 
now in the possession of the House of Representatives again in 
anticipation that the bill will be filed.
  Congressman Hunter is a man I have dealt with for many years and have 
the greatest respect for, and because of our close working and trusting 
relationship, he called me tonight, about half an hour ago, to advise 
me there was some interest among some Members of the House to have that 
conference report on the House side reopened and another measure 
inserted. He described the measure, but as a matter of courtesy and 
privacy I will not describe it.
  I indicated to Congressman Hunter and other members of the House 
leadership that I would be in opposition; that I felt duty bound as 
chairman to withdraw the signatures of the 13 Republicans. I called 
Senator Levin and acquainted him with the status of this matter and he 
asked that I ask Congressman Hunter to return his sheet with all 
signatures if the House, in its wisdom, opens that bill and inserts 
another provision in it. So that is the status.
  In the very unfortunate event that we have our signature sheets 
returned to us and this particular provision is placed in the House 
bill, I would have to go to my Members on the Republican side and 
indicate to them that I could not support this measure if it were to be 
placed in this bill. I might support it in the context of other 
legislative means, but I would not on this. Therefore, there is a 
question of whether with my signature being withdrawn--Senator Levin 
said he expressed doubt that his members would join, so there would 
probably be insufficient signatures for the filing of this bill.
  I do not take the floor by means of threatening those with good 
intentions to try every avenue to foster their interest in legislation, 
but our Nation is at war, and this bill has been, for various reasons, 
on a very long journey in getting to this moment in time. Many Members 
of this body, most especially the members of the Armed Services 
Committee, both sides of the aisle, have worked diligently on this 
bill. Our collective staffs have gone around the clock for days in this 
abbreviated session to try and produce the conference report, and I 
commend them for the work, and that report has been produced. It is our 
understanding that it was finalized about 2:30 today and the House was 
in the process of filing the bill tonight.
  So I indicate that this Senator will not in any way allow this bill 
to come to the floor--I will exercise every right I have--with this 
provision in it. At this point in time, if, for example, for some 
reason--my colleagues and I do not in any way threaten my fellow 
colleagues who I presume might have an interest in this position--were 
to send over the report without my signature and such signatures that 
they may get on the other side and that comes over, then I am prepared 
to exercise my rights under rule XVIII and every available means not to 
allow this bill to contain this provision, because I think we are 
absolutely dutybound to the men and women of the Armed Forces and to 
their families and to the Commander in Chief, with whom I was 
privileged to meet yesterday, the President of the United States, on a 
matter that was of great importance to him and other members of our 
committee, most particularly one member, Senator McCain, who was with 
me. It was understood that we were finally resolving what we considered 
the last major issue.

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  I commend the President on the manner in which he and his staff 
worked with me and Congressman Hunter and others to resolve this 
question. So we had finally concluded and listened diligently today to 
the members of the committee who had some views and closed it out at 
2:30.
  Now this has arisen. Again, people over on the other side, the other 
body, have a perfect right to exercise their rights, but I have to 
indicate, and I think in fairness to the leadership of the Senate and 
the leadership of the House, my steadfast opposition to this procedure. 
There has to come a time around here when conference reports are 
closed, as it was indicated to us, signature sheets provided, and we 
should go forward.
  This bill is vitally necessary to this Nation at this hour. When 
every day we are losing men, killed and wounded, and the horrific 
damages to them and their families, we must be steadfast in our 
resolve.
  I yield the floor.
  The PRESIDING OFFICER. The minority leader is recognized.

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