Floor Statements

Mr. President, I ask unanimous consent that the following individuals, in addition to those officers and employees referred to in Standing rule XXIX, be granted the privilege of the floor during today's closed session and that the list be printed in the Record.

Mr. President, as in legislative session and in morning business, I ask unanimous consent that the Committee on Commerce be discharged from further consideration of H.R. 81 and that the Senate proceed to its immediate consideration.

Mr. President, I ask unanimous consent that the Kerry-Snowe amendment at the desk be agreed to, the bill, as amended, be read a third time and passed, the motion to reconsider be laid upon the table, and that any statements relating to this bill be printed in the Record.

Mr. President, it is my understanding that, the hour of 1:30 having arrived or shortly will arrive, we will recess pending the call of the Chair, is that right, until the closed session is completed?

Madam President, first of all, I ask unanimous consent that the vote on the Thune amendment be 10 minutes in duration.

No. 2, Senator LeMieux has an amendment that is pending. I ask unanimous consent that vote follow the Thune amendment and that vote also be 10 minutes in duration.

Madam President, I ask unanimous consent that there be no amendments--

Mr. KYL addressed the Chair.

Let me finish my unanimous consent request, and if someone does not like it, we can worry about that. I ask unanimous consent that--we are going to vote on the Thune amendment; that will be a 10- minute vote; that is amendment No. 4841--following that vote, we consider the LeMieux amendment No. 4847; that prior to the vote, there be 4 minutes of debate, equally divided and controlled in the usual form; that is, of course, with the Thune amendment and the LeMieux amendment; that upon the use or yielding back of the time, the Senate then proceed to vote in relation to the LeMieux amendment, with no amendment in order to the amendment prior to the vote.

I would also say, Madam President, that will very likely be the last vote tonight. I have had a conversation with Senator Kyl and Senator Kerry. They are going to meet early in the morning to see if there is a way we can work through some of these issues that are still outstanding.

The one message I wish to make sure everyone gets--I know everyone has lots to do this week--but on this most important treaty, no one needs to feel they are being jammed on time, as busy as we all are and as many things as we want to do in the next few days. So if anyone has any issues they still want to deal with, talk to Senator Kerry or Senator Kyl or Senator Lugar, who is the comanager on the other side.

Madam President, we yield back the 2 minutes on our side.

Mr. President, I am meeting and having a conversation with the Republican leader to see if we can come to an agreement on the CR. There are a few issues but nothing we shouldn't be able to work through.

Following any leader remarks, the Senate will resume executive session to resume consideration of the New START treaty. There will be 3 hours of debate with respect to the Risch amendment. The time will be divided as follows: 1 hour under the control of Senator Kerry or his designee, and 2 hours under the control of Senator Risch or his designee. There will be no amendments in order to this amendment.

At approximately 3 p.m. today the Senate will proceed to a series of up to three rollcall votes. The Risch amendment will be voted on, that is amendment No. 4839; the confirmation of a circuit court judge for the Second District, Raymond J. Lohier, Jr.; and confirmation of a district court judge in Mississippi, Carlton Reeves.

Mr. President, I note the absence of a quorum.

Mr. President, we are going to have one more vote today on a circuit judge. It is my understanding the district judge will go by voice.

Mr. President, tomorrow, we are going--first of all, tonight, anyone who wants to work on the START treaty, the managers of the bill, Senator Kerry and Senator Lugar, have said they are here as long as people want to work on it. We are going to come in at 10 in the morning. We will work from 10 until 2 on the START treaty, and then a number of Senators want to have a closed session. We will do that in the Old Senate Chamber. The Chamber has already been cleared by the security folks, so we will start that at 2 o'clock and go as long as necessary. Then we will come back tomorrow evening and continue working on the START treaty.

We have very few things left to do. The Republican leader and I and our staffs have worked throughout the morning trying to come up with something on the CR. We are very close to being able to get that done, but it is not done. So we have the CR to do. The short-term runs out on Tuesday, so we have to have things done by then. We have this START treaty, and then, of course, we have the 9/11 health bill and the motion to reconsider. Senator Levin has been working on some other things, namely defense, on an agreement to get it done.

Mr. President, I ask unanimous consent that the Senate return to legislative session from executive session.

Mr. President, I ask unanimous consent that the Senate proceed to Calendar No. 74, H.R. 2751.

I ask unanimous consent that the text of S. 510, as passed the Senate and modified with the changes at the desk, be inserted in lieu thereof and agreed to; that the bill, as amended, be read a third time.

Is there a question on passage of the bill?

I move to reconsider and table the vote.

Mr. President, I ask unanimous consent that the title amendment, which is at the desk, be considered and agreed to, and the motion to reconsider be laid upon the table, and any statements related to the measure be printed in the Record.

Mr. President, I ask the Chair to lay before the Senate a message from the House with respect to H.R. 3082.

The PRESIDING OFFICER laid before the Senate the following message from the House of Representatives:

Resolved, That the House agree to the amendment of the

Senate to the bill (H.R. 3082) entitled ``An Act making

appropriations for military construction, the Department of

Veterans Affairs, and related agencies for the fiscal year

ending September 30, 2010, and for other purposes,'' with an

amendment.

Motion to Concur with Amendment No. 4885

I move to concur in the House amendment to the Senate amendment to H.R. 3082, with an amendment, which is at the desk.

I ask unanimous consent that reading of the amendment be dispensed with.

I also ask for the yeas and nays.

Mr. President, I have a cloture motion at the desk and ask that it be reported.

Mr. President, I have a second-degree amendment at the desk.

Mr. President, I have a motion to refer the House message to the Senate Appropriations Committee, with instructions to report back forthwith with the following amendment, which I ask the clerk to state.

Mr. President, I ask for the yeas and nays.

Mr. President, I have an amendment to my instructions, which is at the desk.

Mr. President, I ask for the yeas and nays.

Mr. President, I have a second-degree amendment at the desk.

Mr. President, I ask unanimous consent that the mandatory quorum under rule XXII be waived.

Mr. President, I have a cloture motion at the desk.

Mr. President, I ask that the mandatory quorum be waived.

Mr. President, I ask unanimous consent that the Judiciary Committee be discharged of the following nominations: PN2352, Darrell James Bell, U.S. Marshal, Montana; PN2348, Edwin Sloane, U.S. Marshal, District of Columbia; that the Senate then proceed en bloc to the nominations; that the nominations be confirmed en bloc, and the motions to reconsider be laid upon the table; that any statements relating to the nominations be printed in the Record as if read; that the President be immediately notified of the Senate's action and the Senate then resume legislative session.

Mr. President, for the benefit of all Senators, we just sent to the House, again, the food safety legislation--extremely important legislation. I just got something on my desk today about a woman who is going to be--well, she was in the hospital a year and a half and is expected to be there for 2 more years as a result of eating some contaminated food. So it is so important.

I am deeply appreciative of the cooperation from everyone, including my friend, the Republican leader, to help us get this done. It is very important for our country. Perfect legislation? No. But it is a broad step in the right direction. We haven't done anything in this regard for more than 100 years for our country, with all the change there has been in the processing of food. It is so important. I spoke to the Speaker tonight, and this will now pass the House when they come back Monday night or Tuesday. So that is extremely important.

We had to file cloture on the continuing resolution to fund the government for the next couple of months. We hope to complete that on Tuesday. I hope that it won't be necessary to use any of the postcloture time. I rather doubt we will, but I certainly hope not.

We are going to proceed, once cloture is invoked, to the cloture on the START treaty. We have made--from my observation as sort of an outsider watching all the good work of Senators Kerry and Lugar--some good progress on this, and I do hope this matter will pass. We will work on that as long as it takes. As I explained to a number of Democratic and Republican Senators today, we will work on it tomorrow. We will have a secret session tomorrow in the Old Senate Chamber at 2 p.m., and then we will come in tomorrow night and continue to work on it. We can work on it, of course, all day Tuesday and for however long it takes. It is extremely important.

As everyone knows, Senator Wyden is sick. He is going to surgery at 10 o'clock in the morning because of a situation that has been in the press. He has prostate cancer. We wish him and

his wonderful wife and his twins the very best. He is very confident he is getting the best care in the world, and I am also certain he is going to be just fine.

Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 10 a.m. on Monday, December 20; that following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, the time for the two leaders be reserved for their use later in the day; that following any leader remarks, the Senate proceed to executive session and resume consideration of the New START treaty; that at 1:30 p.m., the Senate recess until 2 p.m. and then meet in closed session in the Old Senate Chamber; that following the closed session, the Senate return to the Senate Chamber and reconvene in open session.

Mr. President, tomorrow the Senate, as I indicated, will resume consideration of the START treaty. Senators are encouraged to come forth to offer and debate their amendments. Rollcall votes are possible before and after the closed session.

As I said, Mr. President--and if I didn't, I want to make it clear again--we must complete the funding resolution on Tuesday because after midnight, the funding runs out for our country. So we will have those cloture votes Tuesday unless we can expedite them with unanimous consent prior to that time.