[Congressional Record (Bound Edition), Volume 150 (2004), Part 8]
[Senate]
[Pages 11022-11024]
[From the U.S. 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

[[Page 11023]]

     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, 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

[[Page 11024]]

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.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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