Floor Statements

Mr. President, today, we will begin a 30-minute period of morning business, which will be equally divided between the two sides. Following that morning business, we will return to the motion to proceed to the border fence act. Cloture on the motion to proceed was unanimously invoked yesterday. The postcloture time will expire at 5:45 this afternoon. We will be on the bill at that time, or if an agreement is reached with the Democratic leader, we hope to proceed to it at an earlier time. Senators will be alerted as to the prospects for rollcall votes as we determine what the rest of today's schedule is.

Mr. President, we have a lot of activity going on, both on the floor and also off the floor. We have several conference reports, in terms of appropriations bills--Homeland Security and Department of Defense. We are making real progress. We will address those next week. An issue which I am constantly asked about by press and constituents is what progress is being made and how much progress is being made on the legislation surrounding terrorist camps and terrorist military tribunals and terrorist surveillance. There is a lot of activity at the committee level. Negotiations are underway and, hopefully, we will be able to report back more on that later this afternoon.

Today, I believe most of the debate postcloture time will be used on border security and on the issues surrounding immigration. We will have votes on Monday and, I would say, they are likely Friday. As I have said each day this week, we may have to be in next Saturday. I urge our colleagues to focus on accelerating their work at the committee level so we can finish at a reasonable time next week.

Monday afternoon around 5 o'clock to 6:30. There have been several questions about that.

Next Friday or Saturday.

It is very important, Mr. President, that we keep everybody's schedules clear because there are campaigns going on. People need to get back to their States. It is our intent that we are going to stick with it. Unless there is an unforeseen emergency of some sort, we will finish next week. We will be out this month. My intention is to finish Friday, working with the Democratic leader in that regard. There is very important business for us to do, and that should send a signal that we have to keep our committees and conferences working for the rest of today, tomorrow, and over the course of the weekend and into next week.

Unless there is something very surprising, I expect we will be out this month. I would like for it to be Friday, but it may be Saturday.

The following week.

Right. It is clear that over the next 8 or 9 days, we have unfinished business we absolutely must do. Looking at the calendar, either that Monday or Tuesday of the week following the elections, we will be back in.

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

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, I send an amendment to the bill to the desk.

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

Mr. President, I send a second-degree amendment to the desk.

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

Mr. President, I ask unanimous consent that there now be a

period for the transaction of morning business, with Senators permitted to speak for up to 10 minutes each.

Mr. President, I ask unanimous consent that the Senate immediately proceed to executive session to consider the following nominations on today's Executive Calendar: Calendar Nos. 737, 831, 905, 906, 909, 910, 911, 912, 913, 914, 915, 916, and all nominations on the Secretary's desk. I further ask unanimous consent that the nominations be confirmed en bloc, the motions to reconsider be laid upon the table, the President be immediately notified of the Senate's action, and the Senate then return to legislative session.

Mr. President, following the 30-minute morning business period today, we will begin a 1-hour block of time related to the secure fence bill. When that 1 hour of debate is concluded, we will proceed to the vote on invoking cloture on the motion to proceed to H.R. 6061, the Secure Fence Act of 2006. That vote is likely to begin shortly after 11 a.m. this morning. It is my hope that cloture will be invoked. Once cloture is invoked, we would like to reach an agreement to proceed to the bill as quickly as possible.

I remind everyone that we will be finishing our business at the conclusion of next week; therefore, it will require everyone's cooperation in order to finish all of the must-do items before we depart.

Mr. President, many Members have asked where we are with regard to the terrorist military tribunal and the terrorist surveillance legislation. With regard to the terrorist tribunal, as I have said repeatedly and restated yesterday, the legislation that leaves this Senate floor absolutely must achieve two goals: first, preserve the intelligence programs that we know have saved American lives; second, protect classified information from terrorists who could exploit it to plan another terrorist attack against the United States-- preserve intelligence programs that are lifesaving and protect classified information from terrorists who can use that information against us.

As many of those watching know, after a lot of back and forth last week, Senators Warner, Graham, and McCain have engaged with the administration and have sent an offer to the White House that moves toward the President to meet the goals of a program that keeps information flowing from these terrorists who want to destroy our country and kill our citizens. Without passing their plan through the Senate, these Senators have been good enough to sit down with the administration. Discussions are underway to find common ground and to move toward those stated goals. I am hopeful that very soon an agreement can be reached with the President and with the majority of Republicans who know that we need an effective interrogation program that can get information from terrorists so we can make America safer.

As well, we need a law that allows us to put these terrorists on trial for the crimes they have planned and executed against our country. Right now, we cannot do that. That is why this legislation is so important. But we need to do it in a way that we are not sharing classified information with those terrorists, who clearly will pass it on to others around the world to be used against us.

With continued cooperation, it is possible that in the next few days a resolution can be arrived at that satisfies the vast majority of Senate Republicans and the President, so that together we can all move forward in making this country safer.

Mr. President, in May of this year, this body passed comprehensive immigration reform. We are a nation of immigrants, but we are also a nation of laws. We must honor both of those heritages. Accordingly, we pursued in this body a four-pronged approach to reform: first, fortify our borders; second, strengthen worksite enforcement; third, develop a strong temporary worker program; fourth, develop a fair and realistic way to address the 12 million people here already who entered our country illegally, but under no circumstances would we offer amnesty.

Unfortunately, at this point it is pretty clear to everyone that we will not reach a conference agreement on comprehensive immigration reform before we break in September. While I have made it clear that I prefer a comprehensive solution, I have always said that we need an enforcement-first approach to immigration reform--not enforcement only but enforcement first.

We share a 1,951-mile border with Mexico, and it doesn't take too much creativity to imagine how terrorists might plot to exploit that border. It is time to secure that border with Mexico. As a national security challenge, that is absolutely critical to fighting a strong war on terror. That is the approach of this bill, the Secure Fence Act of 2006, a bill on which we will shortly vote.

Earlier this year, with passage of the supplemental appropriations, we provided almost $2 billion to repair fences

in high-traffic areas, to replace broken Border Patrol aircraft for lower traffic areas, and to support training for additional Customs and Border Patrol agents. In addition, we deployed more than 6,000 National Guard troops to our southwest border, and subsequently--and this is tremendous news--we saw a 45-percent drop in border apprehensions.

But we have to do more. The Secure Fence Act picks up where that supplemental left off. It lays the groundwork for complete operational control over our border with Mexico, and it will go a long way toward stopping illegal immigration altogether. Customs and Border Protection will take responsibility for securing every inch of our border with Mexico. Engineers and construction workers will erect two-layer reinforced fencing along the border. Hundreds of new cameras and sensors will be installed. Unmanned aircraft will supplement existing air and ground patrols.

We are enhancing and fortifying our borders to entry so we will have better control over who enters the country, how they come, and what they bring. We know this approach to enforcement works. We saw a drastic downturn in illegal immigration when Congress mandated a 14- mile stretch of fence in San Diego, from 200,000 border violations in 1992 to 9,000 last year.

The Secure Fence Act is a critical component of national security. It is an essential first step toward comprehensive immigration reform. So we can't afford to demean it with partisan political stunts.

Mr. President, very shortly we will have a vote to bring this bill to the floor. But the vote isn't just about this bill. It is about bolstering national security. It is about keeping America strong. It is about ensuring the safety of each and every American. With action here to secure our border, Congress and the Nation can turn to resolving the challenges of worksite enforcement, of a strong temporary worker program, and the challenges of the 12 million illegal aliens who live among us, with respect and care and dignity.

Mr. President, I yield the floor.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on September 20, 2006, at 10 a.m., to conduct a hearing on ``Calculated Risk: Assessing Non-Traditional Mortgage Products.''

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to hold a committee hearing on the nomination of Mary Peters to be Secretary of Transportation on Wednesday, September 20, 2006 at 2:30 p.m.

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Wednesday, September 20, 2006, at 10 a.m., in 215 Dirksen Senate Office Building, to hear testimony on ``Our Business Tax System: Objectives, Deficiencies, and Options for Reform''.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, September 20, 2006, at 10 a.m. to hold a hearing on nominations.

Mr. President: I ask unanimous consent that on Wednesday, September 20, 2006 at 2:30 p.m. the Committee on Environment and Public Works be authorized to hold a hearing to examine approaches embodied in the Asia Pacific Partnership.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet in executive session during the session of the Senate on Wednesday, September 20, 2006 at 10 a.m. in SD-430.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet on Wednesday, September 20, 2006, at 2:30 p.m. for a hearing titled, ``Critical Mission: Assessing Spiral 1.1 of the National Security Personnel System.''

Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Wednesday, September 20, 2006, at 9:30 a.m. in Room 485 of the Russell Senate Office Building to conduct an Oversight Hearing on the Tribal Self Governance: Obstacles and Impediments to Expansion of Self Governance.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a hearing on ``Reporters' Privilege Legislation: Preserving Effective Federal Law Enforcement'' on Wednesday, September 20, 2006 at 9:30 a.m. in Dirksen Senate Office Building Room 226.

Witness List

Panel I: The Honorable Paul J. McNulty, Deputy Attorney General, Department of Justice, Washington, DC.

Panel II: Theodore B. Olson, Partner, Gibson, Dunn & Crutcher LLP, Washington, DC; Bruce A. Baird, Partner, Covington & Burling LLP, Washington, DC; Victor E. Schwartz, Partner, Shook, Hardy & Bacon LLP, Washington, DC; Steven D. Clymer, Professor, Cornell Law School, Ithaca, NY.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a hearing on ``Examining the Proposal to Restructure the Ninth Circuit'' on Wednesday, September 20, 2006 at 2 p.m. in Dirksen Senate Office Building Room 226.

Witness List

Panel I: Members Panel (TBD).

Panel II: Rachel L. Brand, Assistant Attorney General, Office of Legal Policy, Department of Justice, Washington, DC.

Panel III: The Honorable Mary Schroeder, Chief Circuit Judge, U.S. Court of Appeals for the Ninth Circuit, Phoenix, AZ; The Honorable Richard Tallman, Circuit Judge, U.S. Court of Appeals for the Ninth Circuit, Seattle, WA; The Honorable Sidney R. Thomas, Circuit Judge, U.S. Court of Appeals for the Ninth Circuit, Billings, MT; The Honorable Diarmuid O'Scannlain, Circuit Judge, U.S. Court of Appeals for the Ninth Circuit, Portland, OR; and The Honorable John M. Roll, Chief District Judge, U.S. District Court for the District of Arizona, Tucson, AZ.

Panel IV: The Honorable Pete Wilson, Former United States Senator-CA and Former Governor of California, Bingham McCutchen, Of Counsel, Bingham Consulting Group, Principal, Los Angeles, CA; Dr. John C. Eastman, Chapman University School of Law, Anaheim, CA; and William H. Neukom, Esq., Preston Gates & Ellis, LLP, Seattle, WA.

Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on Wednesday, September 20, 2006, to hear the legislative presentation of The American Legion.

The hearing will take place in room 106 of the Dirksen Senate Office Building at 10 a.m.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on September 20, 2006 at 3:30 p.m. to hold a closed briefing.

Mr. President, I ask unanimous consent that the Subcommittee on Trade, Tourism, and Economic Development be authorized to meet on Wednesday, September 20, 2006 at 10 a.m. on Internet Governance: The Future of ICANN.

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

Today, following the opening remarks of the two leaders, we will have a 30-minute period of morning business. Following that time, we will return to the United States-Oman Free Trade Agreement for closing remarks. The agreement provides for a vote on passage at 12 noon today, and that will be the first vote of the day. The Senate will then recess from 12:30 to 2:15 to allow the weekly policy meetings to occur.

When the Senate resumes business at 2:15, we will proceed to executive session for the consideration of the Alice Fisher nomination. We have an order for 5\1/2\ hours of debate on the Fisher nomination prior to the vote on confirmation. We expect some of that time to be yielded back, and we will vote on that nomination this evening before adjourning.

Last night, I filed a cloture motion on the motion to proceed to H.R. 6061, the Secure Fence Act of 2006. That cloture vote will occur on Wednesday morning, and we hope we can invoke cloture and dispose of this bill quickly.

Mr. President, I wish to take a few moments to comment on the bill we will be voting on later this morning, the Oman Free Trade Agreement.

On June 29, the Senate passed the Oman Free Trade Agreement by a vote of 60 to 34. Today, we will bring the Oman Free Trade Agreement to the floor again for final passage of the House bill.

We have a long history with Oman. Our relationship has extended for nearly 200 years. It dates back to 1833, when a treaty of friendship and navigation was signed with Muscat. Oman was the first Arab country to send an ambassador to the United States.

Over the years, Oman has offered us valuable support. When we needed a local airbase for an attempt to rescue U.S. Embassy hostages in Iran during the Carter administration, Oman volunteered. When we needed a safe ground for our troops during Operation Enduring Freedom in Afghanistan and Operation Iraqi Freedom, Oman volunteered.

Today, Oman cooperates closely with us and other allies on counterterrorism and has publicly supported the democratic transition in Iraq. Although not a formal member of the coalition, Oman has been a committed, dependent ally in the global war on terror.

In Oman, we have found a solid partner on terrorist finance issues. Oman partners with its neighbors on transborder terror threats, and Oman's Government and religious leaders consistently and courageously denounce acts of terror and religious intolerance.

It is clear that through nearly 200 years of formal relations, we have enjoyed a close and cooperative partnership that continues to expand.

The free-trade agreement before us builds on the progress already made. It strengthens our relationship with a key friend and ally in the region, and it is a model for free trade in the entire Persian Gulf region.

It is not our first bilateral agreement in the region. We struck similar deals with Jordan in 2000, with Morocco in 2004, and with Bahrain in 2005. Like these earlier deals, the Oman agreement will open and expand opportunities for exports of many American products. America's workers, manufacturers, consumers, farmers, ranchers, and service providers will all benefit.

As soon as the agreement takes effect, Oman and the United States will provide each other immediate duty-

free access on virtually all products in our tariff schedules. This includes all consumer and industrial products. We will phase out tariffs on the remaining products within 10 years. Former Trade Representative Rob Portman called it ``a high-quality, comprehensive free trade agreement that will contribute to economic growth and trade.''

Unfortunately, some have sought to undermine the agreement. They have propagated myths that don't stand up to scrutiny. For example, despite claims to the contrary, Oman does not implement any aspect of the Arab boycott of Israel. Oman publicly affirms and has reaffirmed its position in a letter from its Commerce Minister in September 2005. Moreover, Oman neither tolerates nor allows the use of slave labor. Oman has made substantial commitments to the United States on labor reform, and it has promised to enact key reforms by October 31, 2006.

Rejecting the trade agreement would send a strong negative signal to our friends in the Middle East. Oman is a forward-looking Arab country on a range of social and economic issues. We must demonstrate our support to Oman, just as Oman has supported us.

As the 9/11 Commission advised, expanding trade with the Middle East will ``encourage development, more open societies, and opportunities for people to improve the lives of their families.'' Passing the agreement before us will promote economic reform and development in the Persian Gulf, and it will advance our goal of a freer and more open Middle East. Quite simply, it will move our allies forward, and it will move America forward.

I urge my colleagues to demonstrate their commitment to these goals by voting to pass the Oman Free Trade Agreement later this morning.

I yield the floor.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 573, submitted earlier today.

Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to the resolution be printed in the Record.

Mr. President, I ask unanimous consent that the Committee on Agriculture be discharged from further consideration of S. 2463 and the Senate proceed to its immediate consideration.

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

Mr. President, I ask unanimous consent that with respect to the bill, H.R. 4954, the Senate insist on its amendment, request a conference with the House, and the Chair be authorized to appoint conferees on the part of the Senate with a ratio of 9 to 7.

Mr. President, I ask that the Chair lay before the Senate a message from the House on H.R. 2864.

The PRESIDING OFFICER laid before the Senate a message from the House of Representatives disagreeing to the amendment of the Senate to the bill (H.R. 2864) entitled ``an act to provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes,'' and asks a conference with the Senate on the disagreeing votes of the two Houses thereon.

Mr. President, I ask unanimous consent that the Senate insist on its amendment, agree to conference with the House, and the Chair be authorized to appoint conferees at a ratio of 7 to 5.