Chuck Schumer

Mr. SCHUMER

Mr. SCHUMER. I move to proceed to legislative session.

Mr. SCHUMER

Mr. SCHUMER. I move to proceed to legislative session.

Mr. SCHUMER

Mr. SCHUMER. I send a cloture motion to the desk.

Mr. SCHUMER

Mr. SCHUMER. I move to proceed to executive session to consider Calendar No. 340.

Mr. SCHUMER

Mr. SCHUMER. Mr. President, this resolution concerns a lawsuit filed in Federal court in the District of Columbia against the Select Committee on Intelligence and Chairman Warner, that attempts to force the committee to release to the plaintiff the full report of the Committee's in-depth study of the CIA's terrorist detention and interrogation program. Plaintiff claims that he has a common law right, never before applied to Senate records, to review this committee document despite the report being classified and despite the committee having not chosen to release the report publicly and having submitted it to the Senate confidentially. It is important to note that the committee has already released the lengthy executive summary and the findings and conclusions from the report, after a declassification review; so the public has been informed of the committee's work and the findings and conclusions of its study. Plaintiff's attempt to force the Senate to release to him the full report not only contravenes the Senate's constitutional prerogative to decide which documents to keep confidential, but also interferes with the independence of the Senate in conducting its legislative and oversight duties. This resolution would authorize the Senate legal counsel to represent the Select Committee on Intelligence and Chairman Warner in order to seek dismissal of this suit.

Mr. SCHUMER

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. SCHUMER

Mr. SCHUMER. Mr. President, this resolution concerns a lawsuit filed in Federal court in the District of Columbia against the Secretary of the Senate and her office and that seeks to force the Secretary to provide the plaintiff with a copy of the Senate security manual. That manual, which is for internal Senate use and is not publicly available, sets forth the procedures for handling classified national security information within the Senate. Plaintiff claims that he has a common law right, never before applied to Senate records, to review this Senate document despite the security manual being restricted to internal Senate distribution given the sensitivity of the procedures for protecting classified information maintained by the Senate. Plaintiff's suit seeking to compel the production of this Senate document encroaches upon the Senate's constitutional prerogative to decide which documents to keep confidential and interferes with the independence of the Senate in establishing its own internal rules and guidelines for handling information necessary to carrying out its legislative and oversight responsibilities. This resolution would authorize the Senate legal counsel to represent the Secretary and her office in this case in order to seek dismissal of this suit.

Mr. SCHUMER

Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate stand in recess subject to the call of the Chair.

Mr. SCHUMER

Mr. SCHUMER. I ask unanimous consent that the cloture motions filed during today's session ripen at 11:30 a.m. on Tuesday, October 5.

Mr. SCHUMER. Finally, I ask unanimous consent that the mandatory quorum calls for the cloture motions filed today, September 30, be waived.

Mr. SCHUMER

Mr. SCHUMER. I ask unanimous consent that the resolutions be agreed to, the preambles be agreed to, and the motions to reconsider be considered made and laid upon the table, all en bloc.

Mr. SCHUMER. Mr. President, I ask unanimous consent that the Committee on the Judiciary be discharged from further consideration and the Senate now proceed to the following resolutions, en bloc: S. Res. 338, S. Res. 366, S. Res. 368.

Mr. SCHUMER

Mr. SCHUMER. I ask unanimous consent that the resolutions be agreed to; that the preambles, where applicable, be agreed to; and that the motions to reconsider be considered made and laid upon the table, all en bloc.

Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate now proceed to the en bloc consideration of the following Senate resolutions which were submitted earlier today: S. Res. 402, S. Res. 403, S. Res. 404.

Mr. SCHUMER

Mr. SCHUMER. I ask that the motion to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. SCHUMER

Mr. SCHUMER. I ask unanimous consent that the Wicker amendment be agreed to; that the bill, as amended, be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table.

Mr. SCHUMER. Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be discharged from further consideration of S. 558 and the Senate proceed to its immediate consideration.

Mr. SCHUMER

Mr. SCHUMER. I ask unanimous consent that the committee-reported substitute be agreed to; that the bill, as amended, be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 124, S. 1037.

Mr. SCHUMER

Mr. SCHUMER. I ask for the yeas and nays.

Mr. SCHUMER. Mr. President, first, let me thank Senator Leahy on the Appropriations Committee, as well as Senator Shelby and all those who worked diligently and hard to put this continuing resolution together. This vote says we are keeping the government open. At this time--at any time, it is a very, very bad thing to let the government shut down but at this time in particular when there is so much going on in the country. And it is a glimmer of hope as we go through many, many other activities. I would say this: Just as the CR is so important and requires bipartisan cooperation, I wish my colleagues on the other side of the aisle saw the debt ceiling as equally important and equally requiring bipartisan cooperation. They don't, and we are willing to move forward on debt ceiling ourselves. But for this moment, this is one of the larger problems, the biggest problem that has faced us in the last while, making sure the government stays open, and now we can be sure it will. So I thank all of my colleagues who worked so hard on this issue. I yield back time on both sides.

Mr. SCHUMER

Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate proceed to legislative session for a period of morning business, with Senators permitted to speak therein for up to 10 minutes each.

Mr. SCHUMER

Mr. SCHUMER. I ask unanimous consent that the motion to reconsider be considered made and laid upon the table, all without intervening action or debate; that no further motions be in order to the nomination; that any statements related to the nomination be printed in the Record; and that the President be immediately notified of the Senate's action.

Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate consider Calendar No. 243, Melanie Anne Egorin, of the District of Columbia, to be an Assistant Secretary of Health and Human Services, and that the Senate vote on the nomination without intervening action or debate.

Mr. SCHUMER

Mr. SCHUMER. Mr. President, I move to proceed to legislative session.