Mr. President, tomorrow we will be in a situation where we can continue to work on, of course, S. 4. I indicated to the distinguished Republican leader yesterday that I am not certain but I think I can get consent as to the cloture motion…
Mr. President, tomorrow we will be in a situation where we can continue to work on, of course, S. 4. I indicated to the distinguished Republican leader yesterday that I am not certain but I think I can get consent as to the cloture motion which was filed by the Republicans earlier today, that we would be happy to vote on that tomorrow sometime. We would also be willing to vote on the two I just filed. If that does not happen, of course, we will be in a situation where we will have a cloture vote on Friday.
As I told everyone here early this week, the first cloture motion which we will vote on will be the one the Republicans filed. If cloture is not invoked, we will immediately move to the cloture motions I filed. There will be 30 hours in relation to that cloture motion if cloture is invoked and, of course, that time won't run out until sometime Saturday.
So it is really up to the minority as to what they want to do. We are willing to move it up 1 day or do it on Friday, whatever is their interest. Remember, 30 hours would not run out until sometime Saturday night. If we voted at, say, 10 a.m. Friday morning, 30 hours would run out sometime Saturday afternoon, 4 p.m. or thereabouts. If that, in fact, were the case and cloture were invoked and there are some germane amendments postcloture, we could dispose of those on Friday.
Anyway, we are in a situation where it appears that unless the minority decides to allow us to have those votes on Thursday, we would be in session Friday for a good part of the day and maybe going into Saturday unless we work something out.
Mr. President, I would say this: The Republican leader is absolutely right, and we have tried real hard on some nongermane amendments to get some votes. It is not all their fault. We have, on our side, a Senator or two who simply will not let us agree to votes on nongermane amendments because they say and have said for the last 2 days: You gave a vote on theirs; why don't I get a vote on mine. So we have agreed to.
As I explained to some Senators assembled here in the well earlier today, when we moved to this bill, I said it would be open for amendment, and it has been, and there is no way we can get out of germane amendments. We can invoke cloture, but they are still available.
On the nongermane amendments, you run into problems like we have run into in these last couple of days. There are some really big issues people are objecting to and not allowing these other amendments to be heard unless they get theirs. We have this habeas corpus issue, and there has been all kinds of talk on that. That is okay, from my perspective, but we have spent a lot of time on that issue before. We have over on this side something dealing with Katrina about which Senator Landrieu feels very strongly. We have a Senator over here who is interested in the PATRIOT Act and changing that. It goes back and forth, with both sides having all kinds of things they want, but it is an open process.
Now, the one thing that maybe we can do in the future to make things a little more orderly is have an open amendment process. But when an amendment is called, we have to dispose of that. What we have tried to do here is have people come and give their statements about amendments they want to offer, and we have allowed them to offer them. What happens is you get too many amendments stacked up, and it gives individual Senators, frankly, too much power because they hold everybody else hostage.
So I think what we are going to do in the future--and I will discuss this in more detail with the distinguished Republican leader--is have open amendments but not allow these amendments to be stacked up. By doing it the way we have done it here, trying to be more open, it takes away a lot of the authority of the two managers because the authority on these bills floats to individual Senators because they have all these amendments and they want to offer them, which I have no problem with, but they won't allow other people to have votes on their amendments unless they get amendments.
This legislative process is the art of compromise and trying to work things out. Quite frankly, during the last couple of days, we have had Senators on both sides who have been very uncompromising, and it has made it very difficult for the managers and I would think Senator McConnell and myself.
Having said that, I appreciate all the problems we have here. Remember, for 220 years, this has been the U.S. Senate. It is a wonderful institution. Sometimes, however, it can be very consternating to work things through, but we will get it done.