[Congressional Record Volume 154, Number 129 (Thursday, July 31, 2008)]
[Senate]
[Pages S7878-S7880]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008--MOTION TO 
                                PROCEED

  Mr. REID. Mr. President, the Republican leader and I have had a 
number of conversations today. We know the caucuses on his side and my 
side are tired. We have had a very difficult few weeks. We have a few 
more things to do this work period. That work period can be a matter of 
hours or it could be the next day.
  Most would like to finish it tonight. If we could move up the cloture 
vote on the motion to proceed to the Defense authorization bill, we 
could do that tonight. The issue, it turns out now, is how long that 
debate would take. On our side we need 10 minutes. Senator Levin wanted 
a half-hour. He cut that back to 10 minutes.
  If we could have some agreement on the other side that we could take 
10, 5 minutes, whatever is appropriate, we could finish that tonight 
and basically finish the work of the Senate for this work period and 
come back, renew our struggles in September.
  I ask unanimous consent that we move to the Defense authorization 
bill, that the motion to invoke cloture on that that was set for the 
morning, that we would do that following 10 minutes of debate 
controlled by the Senator from Michigan. The chairman of the committee 
would control 10 minutes, and whomever the Republican leader designates 
on his side would control whatever time they feel appropriate.
  The PRESIDING OFFICER. The Republican leader.
  Mr. McCONNELL. Mr. President, I would say to my friend, the majority 
leader, we are prepared to vote right now.
  A number of Members are prepared to have a vote immediately. I think 
we all understand what we are voting on. I am not sure many of our 
Members think any further debate about the whole issue of whether to go 
to the Defense bill at this particular time would be enlightened by any 
additional debate.

[[Page S7879]]

  We have a number of Members who have plans who know how to vote and 
would be happy to vote.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Mr. President, this bill is worth spending 10 minutes on 
tonight. This is the Defense authorization bill. For heavens' sake, can 
we not set aside the frustrations we all have on this other issue and 
at least support our troops and come together and unify behind our 
troops?
  Can we not at least set a time to take up the Defense authorization 
bill, which is critically important? We cannot do this on the 
appropriations bill. It would be legislating on an appropriations bill. 
This is a pay increase, special benefits, the BRAC implementation. This 
has to do with whether families are going to get support, whether we 
are going to hire nurses. This is the men and women in uniform who are 
in harm's way.
  The suggestion is, we cannot spend 10 minutes to debate on whether to 
take up an authorization bill. We have never not passed an 
authorization bill. By law, we must pass an authorization bill or else 
all the authorities which are critically important to the men and women 
in uniform are not going to be passed.
  This cannot just be another vote, another vote which divides us 
Republicans from Democrats. We have to unify behind this bill. Senator 
Warner and I and the members of the Armed Services Committee have 
worked month after month after month to get this bill up. This bill has 
been on the calendar for 3 months.
  If we do not decide to take up this bill or have a place fixed to 
take up this bill when we get back, we are going to have 3 weeks of an 
ongoing debate on a critically important subject, I agree, energy, but 
then we will never get to the men and women in uniform.
  This is not our bill. This is their bill. Let's vote to take it up 
and set a place, a firm place, where we can protect the men and women 
in uniform. They are overstretched. The equipment is running out. It is 
worn out. We owe them this. Set aside these differences for a few 
minutes, just a few minutes, and agree to take up this bill.
  If we cannot take it up now, fix a time when we can take it up. That 
is my plea. I know Senator Warner will join in this plea. This cannot 
be a partisan vote.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. I do not know if the Senator took 10 minutes, but I think 
we heard the speech.
  Mr. LEVIN. May Senator Warner be recognized for a few minutes?
  The PRESIDING OFFICER. The Republican leader.
  Mr. McCONNELL. Mr. President, I think the majority leader made a good 
point. I think we have heard the speech. Of course, we will not be 
passing the bill before recess. This vote will be about whether we stay 
on the No. 1 subject in America and whether we then do the Defense 
bill.
  It appears to me as if we have had the suggestion, and I say to my 
good friend, the majority leader, why do we not now have the vote?
  Mr. REID. Mr. President, I think that is appropriate, and I ask 
consent from everyone here that Senator Warner have a few minutes.
  Mr. WARNER. Mr. President, I thank the distinguished leader. I do 
hope I can say one word. To my leadership, I have explained to you I 
will soon conclude 30 years in this Chamber.
  Having served with 264 Senators in that period of time, I say thanks 
to each and every one of them. But in that period, I think half my time 
has been devoted to issues relating to national security and the Armed 
Services. I checked the records of the committee. We have had 42 
consecutive bills authorizing funds for the armed services of the 
United States. This will be the 30th of those bills that I have 
participated in, in bringing to the floor and, hopefully, getting a 
strong endorsement of this body.
  I fully recognize the issues my colleagues have foremost in their 
mind at this moment. Not a one of them is against our national defense, 
not a one of them by their votes now could be challenged as to their 
patriotism and devotion to the men and women of the Armed Forces of 
this country.
  But I will vote to go forth now, in an effort to support the cloture 
motion.
  Mr. McCONNELL. Mr. President, if I may, our good friend, Senator 
Warner, has, of course, been a leader on this issue throughout his 
tenure in the Senate, and we respect his views. He has been a strong 
supporter of a strong national defense.
  But the issue before us tonight is whether we are going to continue 
to try to solve the No. 1 issue in the country, and that is the price 
of gas at the pump. It is not whether we will do a Defense 
authorization bill.
  The ranking member of the Armed Services Committee shares my view, 
that the first thing we ought to do is stay on the subject of energy, 
stay on the subject of getting the price of gas at the pump down, and 
then do the Defense authorization bill.
  I am authorized to speak on behalf of the ranking member of the Armed 
Services Committee, our colleague, Senator McCain, who shares my view 
that at this particular moment, the most important issue related to the 
national security of our country is to stay on the subject of energy, 
finish the job, and then, as Senator Warner and Senator Levin have 
suggested, do the job of passing the Defense authorization bill.
  Mr. REID. Mr. President, there is a unanimous consent pending.
  The PRESIDING OFFICER. Is there objection to holding the cloture vote 
at this time?
  Without objection, it is so ordered.


                             cloture motion

  Pursuant to rule XXII, the clerk will report the motion to invoke 
cloture.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the motion to 
     proceed to S. 3001, the National Defense Authorization Act 
     for Fiscal Year 2009.
         Carl Levin, Christopher J. Dodd, E. Benjamin Nelson, John 
           F. Kerry, Claire McCaskill, Joseph R. Biden, Jr., Bill 
           Nelson, Blanche L. Lincoln, Richard Durbin, Daniel K. 
           Akaka, Robert Menendez, Kent Conrad, Sherrod Brown, 
           Jack Reed, Jim Webb, Charles E. Schumer, and Harry 
           Reid.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call is waived.
  The question is, Is it the sense of the Senate that the debate on the 
motion to proceed to S. 3001, an original bill to authorize 
appropriations for fiscal year 2009 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military strengths 
for such fiscal year, and for other purposes, shall be brought to a 
close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton), 
the Senator from Massachusetts (Mr. Kerry), the Senator from Minnesota 
(Ms. Klobuchar), and the Senator from Illinois (Mr. Obama) are 
necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Kentucky (Mr. Bunning), the Senator from Minnesota (Mr. Coleman), 
the Senator from New Mexico (Mr. Domenici), the Senator from Nebraska 
(Mr. Hagel), the Senator from Texas (Mrs. Hutchison), and the Senator 
from Arizona (Mr. McCain).
  Further, if present and voting, the Senator from Kentucky (Mr. 
Bunning) would have voted ``nay.''
  The PRESIDING OFFICER (Mr. Tester). Are there any other Senators in 
the Chamber desiring to vote?
  The yeas and nays resulted--yeas 51, nays 39, as follows:

                      [Rollcall Vote No. 195 Leg.]

                                YEAS--51

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Brown
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Dodd
     Dole
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Inouye
     Johnson
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     McCaskill
     Menendez
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Rockefeller
     Salazar
     Sanders
     Schumer
     Smith
     Snowe
     Stabenow
     Tester
     Warner
     Webb
     Whitehouse
     Wyden

[[Page S7880]]



                                NAYS--39

     Alexander
     Allard
     Barrasso
     Bennett
     Bond
     Brownback
     Burr
     Chambliss
     Coburn
     Cochran
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Ensign
     Enzi
     Graham
     Grassley
     Gregg
     Hatch
     Inhofe
     Isakson
     Kyl
     Lugar
     Martinez
     McConnell
     Murkowski
     Reid
     Roberts
     Sessions
     Shelby
     Specter
     Stevens
     Sununu
     Thune
     Vitter
     Voinovich
     Wicker

                             NOT VOTING--10

     Bunning
     Clinton
     Coleman
     Domenici
     Hagel
     Hutchison
     Kennedy
     Klobuchar
     McCain
     Obama
  The PRESIDING OFFICER. On this vote, the yeas are 51, the nays are 
39. Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected.
  Mr. REID. Mr. President, I enter a motion to reconsider.
  The PRESIDING OFFICER. The motion is entered.
  The majority leader.

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