[Congressional Record (Bound Edition), Volume 150 (2004), Part 8]
[Senate]
[Pages 10972-10973]
[From the U.S. Government Publishing Office, www.gpo.gov]




          CLASS ACTION FAIRNESS ACT OF 2004--MOTION TO PROCEED

  Mr. FRIST. Mr. President, earlier today the chairman and ranking 
member of the Armed Services Committee were here to make further 
progress on the Department of Defense authorization bill. We have 
adopted a number of amendments that have been cleared. However, we have 
been unable to vote on the pending amendment which was offered by 
Senator Graham of South Carolina. In addition, Senator Warner has been 
unable to secure an agreement for a filing deadline or an amendment 
list. We have a list of possible Republican amendments. However, there 
is an objection on the Democratic side of the aisle to limiting 
amendments.
  Further, many weeks ago we scheduled the class action legislation for 
when the Senate returns from the upcoming recess. I would add that the 
class action bill does have strong bipartisan support, and we would 
like to finish that bill in a reasonable period of time. I believe we 
can, indeed, do just that. I had hoped we would have been able to 
proceed to that bill by consent, but again there is an objection to 
proceeding to the class action bill.
  I want to reiterate that we are going to finish the Defense 
authorization bill. It is a critical bill, an important bill. It is a 
bill we have made progress on this week. We need to lock in an 
amendment list on this legislation, the Defense authorization, to allow 
our managers to work with Senators on their respective amendments and 
to make continued progress. This is a vital piece of legislation, and 
we will return to the bill.
  My intention is to go to the class action bill and then return to the 
Defense authorization bill.
  Thus, I now ask unanimous consent that at 2:15 on Tuesday, June 1, 
the Senate proceed to the consideration of Calendar No. 430, S. 2062, 
the class action bill.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. Reserving the right to object, Mr. President, we are very 
disappointed that the distinguished majority leader is going to file 
cloture on this matter. We have said on more than one occasion we are 
willing to work toward completion of the Defense bill. We cooperated 
this week. We told the manager of the bill, both Senator Levin and I, 
let's go off of the Lindsey Graham amendment. We will agree to a 2-hour 
limitation of time when we come back next Tuesday to dispose of that 
and the Cantwell amendment that she would have offered. But that wasn't 
to be done. We indicated at that time that we would waste a lot of 
time.
  We had a bipartisan amendment by Senator Daschle and Senator Lindsey 
Graham on TRICARE that would have moved forward. We had one that 
Senator Kennedy had on the reporting. We were standing by with a number 
of amendments ready to go.
  I would also say to the distinguished majority leader, we have 
supplied to the two managers of the bill our amendments, as Republicans 
have supplied amendments. There are about 100 amendments. They cleared 
a number this morning. They have cleared amendments in the past. I 
would also say that we take about 10 days on this bill normally. We 
don't think this bill will take that much time. We believe that when we 
come back, we would be in a position at that time, maybe not on Tuesday 
but by Wednesday, enter into an agreement as to a list of amendments. 
It is difficult to have our Members do this with a 10-day break because 
we don't know if there is going to be another Chalabi problem. We don't 
know if there is going to be another problem dealing with a prison. We 
don't know what is going to happen. Events are moving so quickly.
  I say to my distinguished friend, the majority leader, we believe it 
is more important to go to this Defense bill. I listened to every word 
of the statement of the distinguished majority leader about the 
Secretary of Defense. We have had other speeches on the floor today 
about how important it is that we continue supporting our troops. We 
believe that.
  Last night, the House passed, on a bipartisan basis, a very important 
Defense authorization bill, by an overwhelming margin. We need to do 
the same.
  I also say that we are willing to go to class action when we finish 
the Defense bill, which will probably be, I respectfully submit to my 
friend, Tuesday anyway because I don't think you are going to get 
cloture on this motion to proceed. I have spoken to my people who are 
advocates of class action reform--the junior Senator from Delaware, Mr. 
Carper, and the Senator from New York, Mr. Schumer. They believe in 
class action reform a lot, but they are not going to vote for cloture.
  We believe we should finish the Defense bill and then go to class 
action. I ask my friend, the distinguished majority leader, to modify 
his request to provide that the Senate proceed to the consideration of 
the class action legislation upon disposition of the Defense 
authorization bill. I make that request.
  Mr. FRIST. Mr. President, I object to the modification.
  The PRESIDING OFFICER. Objection is heard.
  Mr. REID. I object to the request of the majority leader.
  The PRESIDING OFFICER. Objection is heard.
  Mr. FRIST. Mr. President, let me briefly say I have had the 
opportunity to talk to the manager of the bill, and we feel very 
strongly that it is critical that we address this bill. The best way to 
do it is to allow the managers to work together over the recess and see 
if they can come back with amendments that are identified so we have 
some kind of certainty as to how we are going to bring this to closure.
  In the meantime, while those discussions are underway, we will 
hopefully be able to proceed with class action.


                             cloture motion

  Mr. FRIST. Mr. President, I move to proceed to the consideration of 
S. 2062, and I send a cloture motion to the desk.
  The PRESIDING OFFICER. The clerk will report.
  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, 
     do hereby move to bring to a close debate on the motion to 
     proceed to Calendar No. 430, S. 2062.
         Bill Frist, Orrin Hatch, Charles Grassley, John Sununu, 
           Lamar Alexander, Pete Domenici, Norm Coleman, Jim 
           Talent, Larry Craig, Mitch McConnell, Trent Lott, John 
           Cornyn, Judd Gregg, Richard G. Lugar, Mike Crapo, Saxby 
           Chambliss, Jon Kyl, Peter Fitzgerald.

  Mr. FRIST. Mr. President, I ask unanimous consent that 
notwithstanding the provisions of rule XXII the vote occur at 5:15 p.m. 
on Tuesday, June 1, with the mandatory quorum waived.

  Mr. REID. Mr. President, reserving the right to object, could the 
majority leader schedule that for 5:30? It is so difficult for people 
on the west coast--and I am one of them--coming back that day. We don't 
arrive, if the plane is on time, until about 4 o'clock.

[[Page 10973]]


  Mr. FRIST. We are happy to make it 5:30, June 1. We modify the 
unanimous consent request to be 5:30 p.m. on Tuesday, June 1.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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