[Congressional Record Volume 154, Number 142 (Tuesday, September 9, 2008)]
[Senate]
[Page S8159]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009--MOTION TO 
                                PROCEED

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of the motion to proceed to S. 3001, which the 
clerk will report by title.
  The bill clerk read as follows:

       Motion to proceed to the bill (S. 3001) 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 personnel strengths for such fiscal year, 
     and for other purposes.

  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. REID. Mr. President, I ask unanimous consent that all postcloture 
time be considered expired and that the Senate now proceed to the 
consideration of Calendar No. 732, which is S. 3001, the Defense 
Department authorization bill, and that once the bill is reported, it 
be considered under the following limitations: that the only first-
degree amendments in order be those that are germane to S. 3001 or to 
H.R. 5658, and that the first-degree amendments be subject to second-
degree amendments which are germane to the amendment to which it is 
offered; that there be up to 10 additional amendments which are 
relevant to S. 3001 or to H.R. 5658 and have been agreed upon by the 
leaders--the leaders being Senators McConnell and Reid--with up to 5 
amendments per side; that those 10 relevant amendments also be subject 
to second-degree amendments which would be relevant to the first-degree 
amendment to which offered; that upon the disposition of all 
amendments, the bill be read a third time and the Senate vote on 
passage of the bill; that upon passage, it then be in order for the 
Senate to consider en bloc the following calendar items: Nos. 733, 734, 
and 735; that all after the enacting clause of each bill be stricken 
and the following divisions of S. 3001, as passed by the Senate, be 
inserted as follows: Division A: S. 3002; Division B: S. 3003; Division 
C: S. 3004; that these bills be read a third time, passed, and the 
motions to reconsider be laid upon the table en bloc; further, that 
these items appear separately in the Record; provided further that the 
Senate then proceed to the consideration of Calendar No. 758, H.R. 
5658, the House companion; that all after the enacting clause be 
stricken and the text of S. 3001, as amended and passed by the Senate, 
be inserted in lieu thereof; the bill be read a third time, passed, and 
the motion to reconsider be laid upon the table; that the title 
amendment, which is at the desk, be considered and agreed to; that upon 
passage of H.R. 5658, as amended, the Senate insist on its amendments, 
request a conference with the House on the disagreeing votes of the two 
Houses, and the Chair be authorized to appoint conferees on the part of 
the Senate, with the above occurring without further intervening action 
or debate, and that no points of order be considered waived by virtue 
of this agreement.
  The PRESIDING OFFICER. Is there objection?
  Mr. KYL. Mr. President, I object, and if I could just take a moment 
to explain why. As we have been discussing, we would like to proceed to 
the bill under a regular order. In discussing the proposed amendments 
we have ready to offer, I think it is clear they are relevant, if not 
germane. In fact, the first few we have suggested I know are germane.
  I think we would be better served to just begin the process of 
bringing up amendments and having debate and votes on those amendments 
than trying to get the approvals that would be necessary to agree to 
this rather cosmic unanimous consent request. That is why we object to 
it at this time, but I assure the majority leader that based upon the 
amendments we have already indicated we wish to bring forth, I would 
hope there would be a clear understanding of good faith on both sides 
that that is the way we intend to proceed. I do appreciate that the 
majority leader then would presumably set up a parliamentary procedure 
by which the majority would have to approve the offering of any 
Republican amendment thereafter, so the majority certainly would be 
protected in doing that. It would still be our intention to bring forth 
the right kind of amendments to deal with this legislation.

  The PRESIDING OFFICER. Objection is heard.
  Mr. REID. Mr. President, maybe we can do indirectly what we can't do 
directly. That is, we are going to go through the procedure here to--
and when I finish the procedural issues I am going to bring before the 
Senate, then the two managers, Senator Levin and Senator Warner, will 
be, in effect, the gatekeepers. They won't be under the control of 
Senator McConnell or Senator Reid. These two very professional, 
experienced legislators will move through these amendments as quickly 
as they can. We all relish the time we used to move to this bill and 
other bills to have an old-fashioned legislative battle. I don't 
think--with all that is going on around the country today, including 
the Presidential election being in effect and all the other things 
going on politically--we can do that.
  I hope, as I said, we can do indirectly what we can't do directly. It 
would be good for the country if we could finish this bill this week. 
It is so important. It has extremely important elements in it, 
including a pay raise for our troops, a good pay raise for our troops. 
This bill has things that are done to improve our military that only 
these two managers of this bill could lead based on their experience. I 
believe I am right when I say I think this has been--this is the 30th 
bill Senators Levin and Warner have worked on together, the 30th bill. 
It would be a shame, as Senator Warner leaves this great career in the 
Senate, that in his final year we don't do something that is as much of 
his legislative history as anything he has done in his career, and that 
is the Defense authorization bill. So I hope for his sake, the Senate's 
sake, and the country's sake, we can complete this legislation sometime 
this week.

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