the presiding officer: the senate will come to order. the chaplain, dr. barry black, will lead the senate in prayer. the chaplain: let us pray. eternal god, our bulwark of safety,

we worship you. though confronted by challenges, we continue to bless your name at all times. may our praises to you reside continually in our mouths. with reverence, we speak of your mercies that are new each day, as we celebrate your great faithfulness. continue to manifest your steadfast love to those who place their hope in you. continue to use our senators for your glory and continue to be our shelter from the storm. we pray in your matchless name.

amen. the presiding officer: please join me in reciting the pledge of allegiance to our flag. i pledge allegiance to the flag of the united states of america, and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. the presiding officer: the clerk will read a communication to the senate. the clerk: washington, d.c, september 30, 2023. to the senate: under the provisions of rule 1, paragraph 3, of the standing rules of the senate, i hereby appoint the honorable mark kelly, a senator from the state of arizona, to perform the duties of the chair. signed: patty murray, president pro tempore. the presiding officer: under the previous order, the leadership time is reserved. morning business is closed.

under the previous order, the senate will resume consideration of h.r. 3935, which the clerk will report. the clerk: calendar number 211, h.r. 3935, an act to amend title 49, united states code 0 to reauthorize and improve the federal aviation administration and other civil aviation programs and for other purposes.

test:

the presiding officer: the senator from vermont. mr. welch: i suggest the absence of a quorum. the presiding officer: the clerk will call the roll. the clerk: ms. baldwin. quorum call: quorum call:

quorum call:

a senator: mr. president. the presiding officer: the senate is currently in a quorum call. a senator: mr. president, i ask the proceedings of the quorum be dispensed with. the presiding officer: without objection. the senator from virginia. mr. warner: thank you, mr. president. i rise today in joining a number of my other colleagues to pay tribute to the legacy of senator dianne feinstein. the last couple of days since her unfortunate passing, much has been said about my friend dianne. she was a trailblazer who helped pave the way for generations of women seeking public office. as the first female mayor of san francisco, she was elected to the senate in 1992, the so-called year of the women.

she helped triple the number of female senators from two to six. think about that. that was just in 1992. we still have a long way to go as we march towards true representation in this body. today there are four times that many women sitting in this chamber. and as many of them have already noted from the floor, it is in part because of the legacy of dianne feinstein. dianne was propelled into office because she believed in the power of public service to improve people's lives. it's why having witnessed the devastating effects of gun violence firsthand, literally coming upon the murder of supervisor harvey milk, she was such a champion of gun safety. believing that weapons of war have no place on our streets, she authored and shepherded into law the assault weapons ban.

though i acknowledge that my own record on this issue has been somewhat complicated, i'm convinced that this country is far better and would be far safer if that assault weapons ban was restored today. and in and so many other ways senator feinstein was long ahead of the curve. she was a lifelong champion of equality, civil rights, immigrants, gay community. she was proud to call herself an environmentalist long before that term was even used. much has been said about her legacy on these issues, but as the current chairman of the senate intelligence committee, i want to call particular attention to her leadership on national security. let me cite right now -- i've been in regular contact with my dear friend, the former chairman of the senate intelligence committee, the former senator from north carolina richard brrr who also wanted through me to express his condolences as well.

among her many firsts, senator feinstein was the first woman to chair the senate select committee on intelligence. she served as chairman from 2009 to 2015 and vice chairman from 2015 to 2017. during her time as chair of the committee, senator led the drafting and subsequent enactment of six consecutive authorization bills following a six-year responsible where we didn't do the iaa. these bills are crucial tools to exercise oversight of the u.s. intelligence community. they authorize funding for intelligence activities and add or amend legislation affecting the i.c. but perhaps one of her greatest legacies was her unflinching investigation into the brutal detention and interrogation methods used by the cia in the aftermath of the 9/11 attacks. as part of that report which i can tell you as a member of the committee at that point, without

her persistence, her diligence, would not have gone through as a part of that effort the report that came out of her abuse into cia methods was a report that committee staff examined more than 6.3 million pages of records, ordered a 630-page report backed by footnotes and eventually released a public 3500-page declassified executive summary detailing a host of brutal practices used against detainees. without -- and this was hard for those of us who supported the i.c., these practices without yielding actionable intelligence to prevent terrorist attacks. in doing so, chairman feinstein went toe to toe with the cia. went toe to toe with presidents of two different parties and others that were determined to

bury that part of the cia's history. she made sure that we had a full reckoning. now, i joined the committee in 2011, two years into dianne's tenure as chair. from her i learned about both the necessity that this committee be independent, that it's -- that it needs to be bipartisan, and that our role in oversight was critically important. and in so many ways i'm proud of the fact that under senator burr and now under my tenure as leadership, we call ourselves the senate intelligence committee, the most bipartisan, fully functioning committee, not only in the senate, but in the whole congress. on a personal note, i remember, and i have such great appreciation for this now, when i was the new guy on the committee, i sat at the far end of the dais and my particular

interests were in satellites and overhead, and whenever we had a hearing on the essential role that nro and other agencies played in overseeing the oversight of our satellite imagery and that i felt sometimes we are were -- we were investing too much in legacy systems, dianne would let me go the extra minute, two minutes, three minutes in terms of my questioning, a type of courtesy and understanding that i've tried to emulate in my role as chair and sometimes at the end of a long hearing, if you're at at -- the guy or girl at the end of the dais, -- she allowed me the lane where i slowly developed some area of expertise, and i stand here today and i'm proud of my work on that committee. but i learned so much from her

about how to operate, how to operate with integrity, how to operate with -- in a bipartisan fashion and with always the eye on the ball that the work that the men and women of the intelligence community does is absolutely critical, but it is also equally critical for those of us in congress entrusted with the oversight responsibility of that committee that we do our job as well. so like so many of my colleagues who have lost a mentor, i've lost a friend and the senate has lost a giant. mr. president, i yield the floor.

a senator: mr. president. the presiding officer: the senator from virginia. mr. warner: mr. president, thank you for the courtesy of letting me speak again. i just spoke about the legacy of dianne feinstein. today -- later today the house is potentially acting on legislation. one of the things that dianne was always clear eyed about was our national security threats and the challenges posed by autocratic nation states like russia. i implore my friends in the

house, a house that just this week by 330-plus said that they did not want to walk away from ukraine. our commitment at this moment in time, our military support, our diplomatic support, our state department support at this critical scungture in this war -- juncture in this war, well, in a crass world, the republican party is not only trying to remove assistance for ukraine but trying to prevent our defense department, state department, and other agencies from transferring already existing funds to those necessary areas that are going to be most in jeopardy if we walk with you away from ukraine at this moment in time. ill implore those that said time and again we need to stand up for ukraine, not to walk away at this moment in time. the truth is what happens today

as european elections over the next few weeks for forces not in support of democracies continue the fight against the autocracy and the brutal dictatorship that putin represents, they will be watching, and i hope we stand firm. so many of us in this body alone, more than 85 senators, have come to the floor at one point or another and voted and said they want to stand with the people of ukraine in their strong fight. we're going to have to address that question later today as we sort through these final hours before the imminent and totally avoidable government shutdown that hams at midnight -- happens at midnight tonight. thank you, mr. president. with that, i yield the floor.

mrs. murray: mr. president. the presiding officer: the senator from washington. mrs. murray: mr. president, thank you. i come to the floor this afternoon to urge my colleagues to keep moving this bipartisan c.r. forward and remind them this isn't the be all, end all of legislating this year. i really appreciate the efforts to consider including additional measures in this bill, but i have a message to everyone who still wants this bill to do a little bit more, this is not the last bill this congress is ever going to pass, but it is how we avoid a devastating shutdown. and the issue that the senator from virginia just talked about in terms of making sure we are strong not just here at home, but across the globe. i can assure you whatever other issue you care about whether it's child care, the border or farmers or schools or air travel

or veterans, you maim it, a government shutdown will not make it better, it will hurt our families, our economy and our national security. by the way, it is going to be more expensive than just keeping things open. that's why the first order of business for all of us, no matter what you care about, has to be getting this bipartisan c.r. passed. once we take care of priority number one and keep the lights on, we can and we obviously will keep talking about how to deal with the pressing challenges of child care or the border or natural disasters and more, and we can get back to passing our 12 bipartisan appropriations bills to provide full-year funding. so, mr. president, let's get this done so we can avoid a complete disaster for families and get back to making progress on all the other issues we all care about. i urge my colleagues to vote yes on the motion to invoke cloture

on the substitute. thank you, mr. president. i yield the floor. a senator: madam president. the presiding officer: the senator from oregon. mr. merkley: madam president, the bill that we will be voting on shortly reflects intense bipartisan collaboration here in the senate, the type of collaboration that we need to see a lot who are of -- a lot more of in this institution.

i share a lot of credit -- let me put it differently. i thank the coleads, senator murray and senator collins for working so hard to get out of the appropriations bills out of committee and finding a path forward with us to make sure that with the c.r. we can keep the government open. it doesn't have things in it that i would like. a lot more disaster aid for folks around the country, a lot more support for ukraine, but i think it represents exactly the type of modest package that is appropriate at this moment while, as the chair of the appropriations pointed out, will continue to work together on in the month to come to pass the actual appropriations bills. the issue that i'm very concerned about on the house side right now is that they are taking and putting together a package that has no support for ukraine and that bans the administration from moving funds throughout the defense department and the state department to be able to support

ukraine. if you want china and russia to be number one and number two in the world, then that would be the path to go. if you want to have dictatorships, authoritarian governments crush democracy, then that would be the way to go. but i want our vision of a republic, our vision of a democracy, our vision of a state that has freedom of speech and freedom of assembly to be able to be the model that expands freedom in this world. so let's support this package before us, and let's support a package that has both disaster eight and aid -- aid and aid for ukraine. i yield the floor. the presiding officer: the senator from indiana. the presiding officer: --

the presiding officer: the clerk will call the roll. mrs. murray: i ask that the quorum call be dispensed with. the presiding officer: is there objection? objection is heard. we'll continue to call the roll. the clerk: mr. barasso, mr. bennet, mrs. blackburn, mr. blumenthal, mr. booker, mr. boozman, mrs. britt. mr. brown.

mr. budd. ms. cantwell. mrs. capito. mr. cardin. mr. carper. mr. casey. mr. cassidy. ms. collins. mr. coons. mr. cornyn. ms. cortez masto. mr. cotton. mr. cramer. mr. crapo. mr. cruz. mr. daines. ms. duckworth. mr. durbin. ms. ernst. mr. fetterman. mrs. fischer. mrs. gillibrand. mr. graham. mr. grassley. mr. hagerty. ms. hassan. mr. hawley.

mr. heinrich. mr. hickenlooper. ms. hirono. mr. hoeven. mrs. hyde-smith. mr. johnson. mr. kaine. mr. kelly. mr. kennedy. mr. king. ms. klobuchar. mr. lankford. mr. lee. mr. lujan. ms. lummis. mr. manchin. mr. markey. mr. marshall. mr. mcconnell. mr. menendez. mr. merkley. mr. moran. mr. mullin. ms. murkowski. mr. murphy. mrs. murray. mr. ossoff. mr. padilla. mr. paul. mr. peters. mr. reed. mr. ricketts.

mr. risch. mr. romney. ms. rosen. mr. rounds. mr. rubio. mr. sanders. mr. schatz. mr. schmitt. mr. schumer. mr. scott of florida. mr. scott of south carolina. mrs. shaheen. ms. sinema. ms. smith. ms. stabenow. mr. sullivan. mr. tester. mr. thune. mr. tillis. mr. tuberville. mr. van hollen. mr. vance. mr. warner. mr. warnock. ms. warren. mr. welch. mr. whitehouse. mr. wicker. mr. wyden.

the clerk: mr. young. the presiding officer: a quorum is not present. the majority leader. mr. schumer: madam president. i move to direct the sergeant at arms -- be a sense senators, and

i ask for the yeas and nays. the presiding officer: is there objection -- is there a sufficient second? there is. the clerk will call the roll. the clerk: ms. baldwin. mr. barrasso. mr. bennet. mrs. blackburn. mr. blumenthal. mr. booker. mr. boozman. mr. braun. mrs. britt. mr. brown. mr. budd. ms. cantwell. mrs. capito.

mr. cardin. mr. carper. mr. casey. mr. cassidy. ms. collins.

the clerk: mr. coons. mr. cornyn. ms. cortez masto. mr. cotton. mr. cramer. mr. crapo. mr. cruz. mr. daines. ms. duckworth. mr. durbin. ms. ernst. mr. fetterman. mrs. fischer.

the clerk: mr. graham. mr. grassley. mr. hagerty. ms. hassan. mr. hawley. mr. heinrich. mr. hickenlooper. ms. hirono. mr. hoeven. mrs. hyde-smith. mr. johnson. mr. kaine. mr. kelly. mr. kennedy. mr. king. ms. klobuchar. mr. lankford.

mr. lee. mr. lujan. ms. lummis. mr. manchin. mr. markey. mr. marshall. mr. mcconnell. mr. menendez. mr. merkley. mr. moran. mr. mullin. ms. murkowski. mr. murphy. mrs. murray. mr. ossoff. mr. padilla. mr. paul. mr. peters. mr. reed. mr. ricketts. mr. risch. mr. romney. ms. rosen. mr. rounds. mr. rubio. mr. sanders. mr. schatz. mr. schmitt. mr. schumer. mr. scott of florida. mr. scott of south carolina. mrs. shaheen. ms. sinema. ms. smith. ms. stabenow. mr. sullivan. mr. tester.

mr. thune. mr. tillis. mr. tuberville. mr. van hollen. mr. vance. mr. warner. mr. warnock. ms. warren. mr. welch. mr. whitehouse. mr. wicker. mr. wyden. mr. young.

the clerk: senators vote being in the affirmative, blumenthal, braun, brown, cortez-masto, grassley, heinrich, kaine, kelly, king, markey, merkley, murray, peters, is rosen, schatz, schumer, warner, warnock, warren, welch, white house. no senator voted in the negative.

the clerk: mr. manchin, aye. mr. durbin, is aye. mr. padilla, aye. mr. lujan, aye.

the clerk: mr. ossoff, aye. the clerk: ms. baldwin, aye.

the clerk: mr. tester, aye.

the clerk: ms. duckworth, aye. mr. reed, aye.

the clerk: mr. murphy, aye.

the clerk: ms. hirono, aye. ms. cantwell, aye. mr. booker, aye. mr. coons, aye.

the clerk: mr. van hollen, aye. ms. gillibrand, aye.

the clerk: mr. wyden, aye. ms. hassan, aye.

the clerk: mr. sanders, aye. mr. cardin, aye. the clerk: mr. moran, no.

ms. klobuchar, aye. the clerk: mr. hawley, no. mrs. shaheen, aye.

ms. sinema, aye.

the clerk: mr. cassidy, aye.

mr. bennet, aye.

vote:

the clerk: mr. carper, aye.

the clerk: mr. menendez, aye.

the clerk: mr. hickenlooper, aye.

the clerk: ms. lummis, no.

the clerk: mr. scott of of flor, no. mr. budd, no. mr. tuberville, no.

the clerk: mr. casey, aye.

the clerk: mr. graham, no.

mrs. britt, no. vote:

the clerk: mr. fetterman, aye.

the clerk: mr. mcconnell, no.

mr. cotton, no. ms. ernst, no. mrs. fischer, no. mr. johnson, no. mr. mullin, no. mr. barrasso, no. mrs. capito aye. mr. thune, no. mr. sullivan, no. mr. ricketts, no. mr. schmitt, no. mr. crapo, no. mr. hagerty, no. mr. young, no. mr. daines, no. mrs. blackburn, no.

mr. braun, no. mr. vance, no. mr. marshall, no. mr. wicker, no. mrs. hyde-smith, no. mr. kennedy, no. mr. cramer, no. mr. tillis, no. mr. lankford, no. mr. rubio, no.

the clerk: mr. risch, no. mr. boozman, no. mr. lee, no. ms. murkowski, no.

the clerk: mr. rounds, no.

the clerk: mrs. capito, no. mr. hoeven, no. mr. cruz, no.

the clerk: mr. romney, no.

vote:

the clerk: mr. paul, no.

the clerk: mr. cornyn, no.

the clerk: mr. grassley, no.

the clerk: mr. cassidy, no.

vote:

vote:

vote: the clerk: ms. smith, aye.

the clerk: ms. collins, no.

vote:

vote:

vote:

vote:

the presiding officer: on this vote, the yeas are 49, the nays are 48. and the motion is agreed to. the quorum is present. the majority leader. mr. schumer: i move to reconsider the vote and i lay it on the table. the presiding officer: without objection. smiewrm schumer i ask that the senate -- mr. schumer: i ask that the senate stands in recess subject to the call of the