I announce that the Senator from North Carolina (Mr. Edwards), the Senator from Florida (Mr. Graham), and the Senator from Massachusetts (Mr. Kerry) are necessarily absent. I further announce that, if present and voting, the Senator from…
I announce that the Senator from North Carolina (Mr. Edwards), the Senator from Florida (Mr. Graham), and the Senator from Massachusetts (Mr. Kerry) are necessarily absent.
I further announce that, if present and voting, the Senator from Massachusetts (Mr. Kerry) would vote ``nay''.
Mr. President, I ask unanimous consent that be the case.
Mr. President, how long did the last vote take?
Mr. President, if we are going to finish the bill and if Members want to do it in the next day or two, I suggest that we should have some constraint on the time we are voting.
I announce that the Senator from North Carolina (Mr. Edwards), the Senator from Florida (Mr. Graham), the Senator from Massachusetts (Mr. Kerry), and the Senator from Connecticut (Mr. Lieberman) are necessarily absent.
I further announce that, if present and voting, the Senator from Massachusetts (Mr. Kerry) would vote ``yea''.
Mr. President, how long did that vote take?
We have been approached in the minority on several occasions today asking when could we finish this bill. We are doing our best. We have people who want to offer amendments. We have wasted at least a half hour this morning on people not being here for votes. I personally believe, for Democrats and Republicans, if they are not here at a reasonable time, the vote should be cut off. This is not fair. We have Senator Dorgan who has waited all morning. Senator Collins is here.
I am not going to elaborate further, but this is not good for the Senate. I hope the majority leader will call these votes more quickly. We get the hue and cry to speed things up. If we waste all time during the votes, there is nothing to speed up.
I say to my most distinguished friend, I said in my statement, this applies to Democrats and Republicans.
Mr. President, the problem we have over here is we cannot say the vote is over. The Senator's side can call the votes. I hope they do it more quickly. If people start missing votes, then fewer people will have to wait around in the future.
Mr. President, Senator Dorgan last night said he would agree to 45 minutes. We have a unanimous consent request the distinguished manager of the bill will offer. It is my understanding that prior to his starting, there is going to be 5 minutes for the Senator from Maine on an amendment that has been agreed to.
Of course.
Mr. President, if I may interrupt my friend from Virginia, how much time?
We accept that.
Reserving the right to object, that doesn't mean we are going to have two votes, or does it?
Madam President, it is also my understanding that Senator Lautenberg would be willing to offer an amendment following the statement of the Senator from West Virginia. He also indicated he would agree to a time limit.
I haven't had a chance to talk about the time with him. I just wanted to alert people of that. Shortly after Senator Lautenberg offers his amendment, there would be a vote.
I announce that the Senator from North Carolina (Mr. Edwards), the Senator from Florida (Mr. Graham), and the Senator from Massachusetts (Mr. Kerry) are necessarily absent.
I further announce that, if present and voting, the Senator from Massachusetts (Mr. Kerry) would vote ``nay''.
Madam President, we have spoken to the Senator from West Virginia. He has no objection to the two managers of the bill disposing of the two Nelson amendments.
If I could just be heard briefly? We have several people on our side who want to offer amendments. I hope those people who want to offer amendments would contact the two managers of the bill. We are running out of names of people to offer amendments. Both leaders have indicated they want to complete this bill as quickly as possible. We are not going to be able to work late into the night tonight.
Madam President, this is an excuse so he doesn't have to go to this dinner.
We are not invited.
I would say then there is a possibility we could complete this legislation tonight.
That would be good, if Senator Hutchison could go first before Senator Lautenberg.
How long will she take?
Senator Lautenberg would be 1:45, and he will take one-half hour. He probably will not use the whole one-half hour. I would be happy to ask unanimous consent that Senator Hutchison from Texas be allowed to offer her amendment, followed by the Senator from New Jersey.
He is not going to start until quarter to 2.
Following Senator Lautenberg, could I modify my request for him to be next in order?
Madam President, how much time is left on this side on this amendment that is now pending?
Madam President, I ask my friend from Vermont, how much time do you need?
Would that be appropriate?
How much time does the Senator from Nevada need?
Why don't we have the vote at 2:50?
That would be 15 minutes, each having 7\1/2\ minutes.
Madam President, while we are here, the Senator from Virginia has also said he would agree that the next amendment in order is Harkin. That is already the order, but the time on that will be one- half hour evenly divided in the usual form regarding second-degree amendments.
Following that amendment, Senator Bingaman has an amendment on missile defense which Senator Warner has reviewed.
Senator Bingaman has agreed to a 30-minute time agreement on that. That would be under the usual form relating to second-degree amendments. I ask that in the form of a unanimous consent request.
The reason we have done this is there is a briefing at 3 o'clock. We could stack the two votes, the Harkin and Bingaman votes, at around 4 o'clock, thereabouts.
I announce that the Senator from North Carolina (Mr. Edwards) is necessarily absent.
Under the previous order, what is the next?
Madam President, will the Senator yield?
I appreciate very much the Senator offering this amendment. He and I have worked on this matter through several Congresses. It is an extremely important amendment. It is unfortunate that it is not going to be relevant to this matter. I hope there is some way during this Congress that we can expedite this most important amendment which the Senator is talking about.
Talking about job creation, this is a way to create jobs--get rid of this arbitrary rule that at one time may have had a little bit of reason but now has absolutely no reason to be on the statutes of this country.
Our current MTOPS metric measure which is used to regulate the export of U.S.-made technology hardware is outdated, hurts our high-technology industry, and should be better crafted to address our Nation's specific security concerns.
If U.S. companies are to effectively compete outside the United States in foreign markets, the current MTOPS metric measure must be repealed.
Once repealed, the current MTOPS measure will remain applicable to all export controls until the President, after consultation with the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Banking, Housing, and Urban Affairs of the Senate has taken into consideration all relevant and necessary security concerns to ensure that U.S.-developed technology cannot be abused for the purposes of tyranny and terrorism.
The President shall also consult with the Secretary of Commerce, Secretary of Defense, Secretary of Energy, Secretary of State, Secretary of Homeland Security, and any other relevant national security or intelligence agency under the export administration system affected by the MTOPS provisions.
We must act now to protect our status as world leaders in technology development.
In the interests of national security and economic productivity, we must clear a path to reform the current MTOPS metric measure that is unnecessarily restraining our high-technology industry.
Amendment No. 776 Withdrawn
No objection.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I have spoken to the two managers of the bill. They are both in agreement that we could set aside the Bingaman amendment and move to the next amendment which would be offered, and that is by Senator Dayton. Senator Dayton is offering an amendment on buy America. He has agreed to 30 minutes equally divided. We would, of course, have the normal agreement that no second-degree amendments will be offered.
So I ask unanimous consent that we set aside Bingaman and move now to the Dayton amendment, and that no second-degree amendments be in order prior to the vote on the matter.
It would be in the usual form in relation to any language that might be stricken.
Mr. President, will the Senator from Minnesota yield?
Mr. President, Senator Warner, who has been so heavily engaged in this legislation, allowed me to go forward with a unanimous consent request. However, it was brought to our attention that there is a Senator who wishes to offer a second-degree amendment, or might want to offer a second-degree amendment to this matter. I have consent that we go forward with the Dayton amendment but we would remove the time agreement.
That is right. If that does not come to be, we will worry about a time agreement at a subsequent time. The agreement is we are setting aside Bingaman and moving to Dayton.
Mr. President, I appreciate the cooperation of the Senator from Minnesota.
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
Madam President, following the disposition of the matter pending before the Senate--that is the Dayton amendment and the second- degree amendment offered by the Senator from Arizona--I ask unanimous consent that the Senator from Washington be recognized to offer an amendment and make a statement and withdraw the amendment.
I suggest the absence of a quorum.
Reserving the right to object, Madam President, I ask the Senator to modify his amendment so we would have a vote on the McCain amendment; regardless of the outcome of the McCain amendment, that will be followed by a vote on the Dayton amendment; that the McCain amendment be 15 minutes in length and the Dayton amendment be 10 minutes in length.
That may come later. At this stage, the Senator from Minnesota wishes a recorded vote.
Yes. The arrangement we worked out--and that is why we modified the unanimous consent request of the distinguished Senator from Virginia. Regardless of the outcome of the McCain amendment, we have asked for a vote on the amendment of the Senator from Minnesota.
That is right.
I announce that the Senator from North Carolina (Mr. Edwards) is necessarily absent.
Mr. President, I ask unanimous consent that the rollcall on the Dayton amendment be vitiated.
Mr. President, under the order, the Senator from Washington is to be recognized.
I ask if my understanding is correct, that there will be no more rollcall votes tonight? Senator Warner and Senator Levin are going to work to see how much of the bill can be completed tonight--maybe all of it.
No. The minority has not offered all the amendments which they intend to offer. I have kept in very close touch with the two managers of the bill. They know which amendments we now have.
Senator Schumer is near ready to offer his amendment. That will require a vote tomorrow for sure. There are a couple of other amendments we are working on.
She has indicated that she will not be ready to vote tonight. We are going to have to work on that in the morning. The Senator from California has been working with our manager. We hope to be able to work something out on that. We don't have that finished yet.
We also have explained to the Senator from Virginia that Senator Byrd has a problem, and we are going to try to work that out.
Until we get Senator Byrd's problem resolved, we can't have time for final passage.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, Senator Murray is waiting for a ruling from the Chair on her parliamentary inquiry.
In the meantime, I ask unanimous consent that Senator Carper be recognized to speak for up to 10 minutes, and that following his speech, the Senator from Washington be recognized.
Mr. President, I have had a conversation with the Senator from Washington. She would be willing to enter into a reasonable time agreement. She would want to complete that debate tomorrow, however, in that the hour is late and she has spent so much time here already. I would be happy to work with the two managers of the bill to come up with a reasonable time she can debate this in the morning and have a vote on it in the morning.
We would be willing to enter into a time agreement if we saw the amendments and they were reasonable and we thought we could do that. But not having them, we can't do that. The Senator from Washington, if there would have been an up-or-down amendment, would have agreed to a 40-minute time limit evenly divided.
That is right. I would note we have very few amendments. Senator Dodd has one. Senator Daschle has one. Senator Boxer has one we have already discussed, and Senator Biden has one. We have very few amendments. Some of these may be worked out by the managers. The Daschle amendment, as we have indicated, would be 20 minutes evenly divided. The Schumer amendment has been declared not relevant so we can't take that up. The Boxer amendment, we agreed to a one-hour time agreement on that. Both managers know what that amendment is. Senator Biden has agreed to 30 minutes on his amendment if it is not agreed to.
Well, she was showing it to anybody who wanted to look at it.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I have conferred with the two managers--I was going to say more than I wanted to, but I will not say that, but I conferred with the two managers often tonight, and it appears the Senate will be best served by clearing a number of amendments that the two managers have worked on for several days now. They have approximately a dozen amendments. They would do that tonight.
I put this in the form of a unanimous consent request: that tomorrow morning, when the Senate convenes, after the prayer and the pledge, we would move to the Boxer amendment, which is a post-Iraq war contracting matter, and that there would be 45 minutes of debate on that amendment--30 minutes under the control of Senator Boxer, 15 minutes under the control of Senator Warner--and in keeping with the usual unanimous consent request for second-degree amendments that we have done throughout the day; and that following that, we could move to perhaps the Daschle amendment, perhaps the Dodd amendment.
We are really getting few amendments over here. We all recognize we have to dispose of the relevant amendment that Senator Murray filed this afternoon. And Senator Brownback, Senator Warner, and others will work on that tonight to see what is contemplated regarding that tomorrow.
So the only unanimous consent request I make tonight is that in the morning we go to the Boxer amendment in keeping with the request I just made.
I suggest the absence of a quorum.