Floor Statements

Mr. President, this morning we will start a series of votes on motions to instruct conferees with respect to the tax relief bill. There could be up to as many as 16 votes on these motions and, therefore, votes will be kept to 10 minutes in length. I hope there will be fewer votes, and we will be working this morning to see if there is any way to lessen that number. Voting will begin momentarily, and thus Members should stay close to the Chamber today during these stacked votes so that we can move expeditiously. We will be recessing for lunch to accommodate the party luncheons, and we will lock in the time for that recess later in the morning. I would expect that we would continue the voting sequence around 2:15 after the luncheons today.

Following the appointment of conferees to the tax relief bill, we will be returning to the asbestos bill. As Members know, we filed cloture on the asbestos bill last night and that vote is scheduled to occur Wednesday morning.

Filing of Amendments

Under the rule, first-degree amendments need to be filed by 1 p.m. today to be considered in order postcloture. We will likely be in recess at that time, so I ask unanimous consent that the deadline be until 2:30 today.

Mr. President, when we return to the asbestos bill later today, we have the motion to waive pending, and we will be talking to the two managers this morning to determine the best time for that vote to occur today. Having said that, we are going to have a very busy day with votes, and Senators should not stray far from the Chamber in order to not miss any votes so that we can accomplish all that we have set out to do over the course of the day.

We are ready to start with the motions and voting. Chairman Grassley is on his way. We can have the Senator from Massachusetts start, if he is ready. Senator Grassley should be here within the next couple of minutes.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, I now ask unanimous consent that we proceed to immediate votes on the DeWine motion, the Wyden motion, and the Talent-Snowe-Lincoln motion--I would state for the record that these motions will be voice votes--provided further that following those votes, the Senate proceed to votes in relation to the Reed motion, the Hutchison motion, and the Lautenberg motion--and, again, we expect rollcall votes on these three; finally, I ask unanimous consent that following those votes the remaining motions be withdrawn and the Chair be authorized to appoint conferees.

Mr. President, what we have just done is greatly simplify the course of the votes over the course of the morning. We will have three rollcall votes following the voice votes. I appreciate both sides of the aisle working together, condensing 14 motions down to 3 rollcall votes.

Mr. President, discussions have proceeded since this morning on the point of order and the motion to waive the point of order, and we have come to an agreement whereby we will have a vote sometime around 6 o'clock tonight.

I ask unanimous consent that there now be 3 hours for debate in relation to the motion to waive prior to a vote on the motion, with the time divided as follows: 40 minutes for Senator Specter, 40 minutes for Senator Leahy, 40 minutes for Senator Ensign, 40 minutes for Senator Durbin; provided further that if the point of order is sustained, the two filed cloture motions are vitiated.

Mr. President, I modify my unanimous consent request, that there now be 3 hours minus 20 minutes--2 hours 40 minutes--for debate with the times as designated.

Mr. President, to clarify, given my math being incorrect, that vote would be a little bit after 6 o'clock tonight on the motion to waive the point of order.

That is correct. It could be earlier than that. Then we would not have any more rollcall votes after that vote tonight.

Mr. President, I enter a motion to reconsider the last vote.

Mr. President, I switched my vote from a ``yes'' to a ``no'' vote. Without my switching the vote, it would have been 59 to 40. We have one absentee tonight, and that may well have determined which way this particular vote had gone. Thus, I switched my vote from a yea to a nay, thus the vote was 58 to 41. That allows us to, at some point in the future, have the option to reconsider the motion. We will make a decision on that at some point in the future.

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, in a few moments I will have a very brief statement about what went on with the vote on the asbestos bill, but for our colleagues, I wish to outline where we are going tonight and over the next several days.

Calendar No. 360, S. 2271, is the USA PATRIOT Act Additional Reauthorizing Amendments Act. This bill addresses some of the concerns of Members on both sides of the aisle as it relates to the PATRIOT Act. I believe that we strongly support it and we are prepared to consider this measure next.

Therefore, I now ask unanimous consent that the Senate proceed to the consideration of S. 2271, the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006.

Mr. President, I had hoped we would at least be able to proceed to that bill tonight. As our colleagues know, this bill is ready to go. It is an important bill. It is important for the safety and security of the American people. It is a bill we have worked on for a long period of time, and we believe there is overwhelming support for this bill. The consent I asked for was for the Senate to begin consideration of that legislation. We had the objection from the other side of the aisle that was expressed.

I now move to proceed to S. 2271. The motion to proceed is now pending and is debatable. We have been told that there will be an effort to filibuster the motion to proceed. Therefore, I now send a cloture motion to the desk and ask for its consideration.

Mr. President, again, the motion is pending, and if the Senators desire to debate the motion they should be prepared to do so. The Chair is obligated to put the question. I put Members on notice that they should remain on the floor if they feel the need to hold up this important legislation; otherwise, we will be proceeding to the underlying bill.

Mr. President, with respect to the vote we took minutes ago on the asbestos legislation, it does mean that legislation is, in essence, off the floor now, and that we are proceeding with the consideration of the PATRIOT Act, although we have an obstruction underway and we have a threatened filibuster underway, and we will address that in the coming days.

The vote on the motion to waive the point of order on the asbestos bill was 59 to 40. In order to have the option to keep a heartbeat at least in this piece of legislation, because it is so important to victims, to our economy, to jobs, what I did, as an advocate for the Specter-Leahy bill, is I switched my vote from yes to no. From a procedural standpoint, what that allows me to do as leader is to bring that back to the floor at some appropriate time if there is indication to do so in the future.

We did have one absentee vote tonight that could have made the difference, and with that I switched my vote. I do want to make it very clear, because there is always misunderstanding in terms of when a Senator switches his vote, I strongly support the Specter-Leahy bill, and I switched my vote for procedural reasons.

So this vote did reflect 59 to 40 on the floor, although the actual vote is depicted as 58 to 41.

Let me also add, and I think I speak for the majority of my colleagues, that I am disappointed in the fact we are not able to proceed with this asbestos litigation bill. The consequence of this vote tonight is that victims who are in need are not going to receive fair and just compensation. They deserve it. They need it. The problem has been clearly spelled out on the floor of this body.

We have made progress over the last couple of weeks in that people recognize this is a serious problem that has gone on for too long, yet has to be addressed in a legislative way, that it denies justice to victims, that it hurts and punishes our economy and, unless it is addressed, will continue to destroy jobs in this country.

Unfortunately, by refusing to move forward on this bipartisan bill, a bipartisan bill, the Senate chose to protect special interest groups rather than the interests of those innocent victims who deserve more. The cost to our society will be felt unless it is addressed sometime in the future.

I do thank all of those who acknowledge there is a real and serious problem that Congress should debate, and it must be resolved at some point in the future.

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

Mr. President, I ask unanimous consent there now be a period for morning business with Senators permitted to speak for up to 10 minutes each.

Mr. President, each day, 74 people receive an organ transplant. And each day, another 18 patients die waiting.

While it doesn't get a lot of public attention, for every family who struggles with the pain and uncertainty of waiting for that life saving gift, the organ donation shortage is an urgent crisis.

Right now, over 97,000 people are on the waiting list. Fewer than half of them will get the transplant they need. Almost 2,000 of the patients on the list are from my home state of Tennessee.

As a heart and lung transplant surgeon, I have direct and intimate experience with this issue. I've devoted two decades of my life to giving others a second chance through transplantation.

I have sat next to the hospital bed and looked into eyes of patients and their families and seen the frustration, desperation and fear they feel as they wait and hope for the miraculous gift that can reverse a fatal diagnosis.

I've personally shared in the elation when the donation came through. I also know very well the tragedy when a patient dies before they could receive a transplant--a direct result of a large and growing shortage of organ donors.

The medical community is trying to raise public awareness. I'm proud to say that four Tennessee hospitals are participating in the nationwide, ``Organ Donation Breakthrough Collaborative Gift of Life Initiative.''

Led by the Department of Health and Human Services, this is a multiphase national collaboration designed to increase access to transplantable organs and promote organ donation among the public.

In Tennessee, we have two active organ procurement organizations, the Tennessee Donor Services and the Mid South Transplant Foundation. There are also 10 transplant centers throughout the state.

As a transplant surgeon and a Tennessean, I am proud of these path breaking efforts. But, the sobering fact remains, we still have far too few donors to meet the urgent demand.

I understand that it's a difficult and emotional decision to, literally, give part of oneself away. Many people, understandably, feel squeamish about choosing donation. But by giving the gift of life, miracles can come from tragedy, and a whole family can be saved.

I bring all of this up because there is something we can do here in the Senate.

Today, I am proposing that we create a congressional commemorative medal to honor organ donors and their families under the Gift of Life Congressional Medal Act of 2006.

At no cost to the Government, we can recognize the extraordinary generosity of a donor's gift and send a message to the broader public about how vitally important organ donation is to thousands of people desperately waiting for that precious gift.

Congressman Pete Stark of California has introduced companion legislation in the House. He shares my belief that organ donation is one of the most precious gifts an individual can give to a fellow human being.

I urge my colleagues to join me in this simple and sincere gesture of support. By honoring our fellow citizens in this way, we, too, can help give the gift of life.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, each day, 74 people receive an organ transplant. And each day, another 18 patients die waiting.

While it doesn't get a lot of public attention, for every family who struggles with the pain and uncertainty of waiting for that life saving gift, the organ donation shortage is an urgent crisis.

Right now, over 97,000 people are on the waiting list. Fewer than half of them will get the transplant they need. Almost 2,000 of the patients on the list are from my home state of Tennessee.

As a heart and lung transplant surgeon, I have direct and intimate experience with this issue. I've devoted two decades of my life to giving others a second chance through transplantation.

I have sat next to the hospital bed and looked into eyes of patients and their families and seen the frustration, desperation and fear they feel as they wait and hope for the miraculous gift that can reverse a fatal diagnosis.

I've personally shared in the elation when the donation came through. I also know very well the tragedy when a patient dies before they could receive a transplant--a direct result of a large and growing shortage of organ donors.

The medical community is trying to raise public awareness. I'm proud to say that four Tennessee hospitals are participating in the nationwide, ``Organ Donation Breakthrough Collaborative Gift of Life Initiative.''

Led by the Department of Health and Human Services, this is a multiphase national collaboration designed to increase access to transplantable organs and promote organ donation among the public.

In Tennessee, we have two active organ procurement organizations, the Tennessee Donor Services and the Mid South Transplant Foundation. There are also 10 transplant centers throughout the state.

As a transplant surgeon and a Tennessean, I am proud of these path breaking efforts. But, the sobering fact remains, we still have far too few donors to meet the urgent demand.

I understand that it's a difficult and emotional decision to, literally, give part of oneself away. Many people, understandably, feel squeamish about choosing donation. But by giving the gift of life, miracles can come from tragedy, and a whole family can be saved.

I bring all of this up because there is something we can do here in the Senate.

Today, I am proposing that we create a congressional commemorative medal to honor organ donors and their families under the Gift of Life Congressional Medal Act of 2006.

At no cost to the Government, we can recognize the extraordinary generosity of a donor's gift and send a message to the broader public about how vitally important organ donation is to thousands of people desperately waiting for that precious gift.

Congressman Pete Stark of California has introduced companion legislation in the House. He shares my belief that organ donation is one of the most precious gifts an individual can give to a fellow human being.

I urge my colleagues to join me in this simple and sincere gesture of support. By honoring our fellow citizens in this way, we, too, can help give the gift of life.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I ask unanimous consent the Judiciary Committee be discharged from further consideration of H. Con. Res. 315 and the Senate now proceed to its immediate consideration.

I ask unanimous consent that the concurrent resolution be agreed to and the motion to reconsider be laid on the table.

Mr. President, I ask unanimous consent that the Judiciary Committee be discharged from further consideration of H. Con. Res. 71 and that the Senate then proceed to its immediate consideration.

I ask unanimous consent the concurrent resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid on the table, and any statements be printed in the Record, with no intervening action.

Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand in adjournment until 9:30 a.m. on Wednesday, February 15; I further ask that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved, and the Senate then begin a period of morning business for up to 30 minutes with the first 15 minutes under the control of the majority leader or his designee and the second 15 minutes under the control of the Democratic leader or his designee; provided that following morning business, the Senate resume the motion to proceed to

Mr. President, tomorrow, following morning business, the Senate will resume debate on the motion to proceed to the PATRIOT Act Amendments Act. I filed cloture on that motion, and we will announce when that vote will occur.

Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that the Senate stand in adjournment under the previous order.

Mr. President, this week, we are beginning with the House message on the Taxpayer Relief Act. This bill passed the Senate on February 2 by a vote of 66 to 31. The House has appointed conferees, and we are now taking up that message to appoint Senate conferees. There will be motions to instruct the conferees that will be offered by the other side. They have provided us with a list, and we hope they will not all be offered. We will be discussing that shortly after the opening this morning.

In any event, we will begin the process of appointing conferees with votes on the motions to instruct. As I announced on Friday, we will debate the motions today and stack the votes to begin around 8 o'clock this evening. Therefore, we do expect votes to begin at that time. We may decide to have some of the votes on Tuesday morning, depending on how many of these motions to instruct the other side offers, but we will make that determination after we discuss what will be offered, and hopefully, during the course of the afternoon, I am sure that will settle out. I will reiterate that we will be in session into the evening with those votes.

This is the last week of legislative business before the Presidents' Day recess. We will first appoint conferees on the tax bill, and we will return to the asbestos bill after we address the tax bill over the course of today and likely into the early morning tomorrow.

We have a point of order pending to the asbestos bill, and Senators will desire some further debate before we vote on that waiver motion. We will be conferring with Senators on both sides to determine the best time for that vote.

Finally, I also mention that we need to address the PATRIOT Act before we leave. We will complete the PATRIOT Act before we leave. It is a bill that addresses concerns on both sides of the aisle, and we will proceed to that bill before finishing the week. Senators should not plan to depart early this week. As my colleagues can tell, we

have a very busy week planned with the three matters I have mentioned.

In addition, I hope we will be able to proceed with appointing conferees to the pensions bill as well. It will be a full week, and I will be updating Members as the week progresses, but it will be a week that will require votes today, Tuesday, Wednesday, Thursday, and Friday to complete our business.

Mr. President, through the Chair in response, it really depends on how many of these motions we have. They are coming from the Democratic side of the aisle, and although a list has been provided, how many actually will require a vote--I would think we would have at least two tonight, and then if there are a lot of motions, we would have to have more tonight because we do need to complete whatever votes there are tomorrow and then get back to the asbestos bill in the morning to continue to address the waiver of the point of order.

Mr. President, in brief response, as I outlined, we are ready pretty soon to go to the PATRIOT Act. I agree, the negotiations which have taken place under the leadership of the Presiding Officer have gone smoothly, and I think we are going to have an overwhelming vote in the Senate. The House, through their leadership, has expressed support, as I believe the administration has. So I do wish to make a request of our colleagues that although there are procedural hoops which we can be made to jump through, I don't think it is in the best interests of the American people to unduly delay this important bill that essentially, at least by statements today, is going to have overwhelmingly, strong support.

We do have a lot to do this week, and we will use the time as effectively and efficiently as possible. But if we keep having delays such as people coming back tonight to vote on motions to instruct, on which we could argue as to how useful that actually is, or we have too many procedural roadblocks based on this bill, it is going to be impossible for us to move ahead and move the country forward when we have so much important legislation. So I think we can complete all of our business this week, but it is going to take a lot of cooperation on both sides of the aisle not to throw too many procedural roadblocks in front of us.

I yield the floor.

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 ask unanimous consent that the only motions to instruct be those currently pending and that no other motions be in order; I further ask consent that no amendments be in order to the motions; provided further that when the Senate adjourns this evening, all remaining debate time under the statute be considered as having expired; further that when the Senate convenes tomorrow, the Senate begin to vote in relation to the motions, with the Republican alternatives occurring prior to the votes in relation to the Democratic amendments; and I send a list to the desk with the order of votes; further that prior to the Kennedy motion and the Grassley motion on capital gains/dividends, there be 2 minutes per side for debate prior to the votes on each, with debate before all other votes limited to 2 minutes equally divided and all votes after the first vote in the sequence be limited to 10 minutes each.

Mr. President, I ask unanimous consent that the Senate now return to the consideration of the asbestos bill.

I now send a cloture motion to the substitute to the desk.

I now send a cloture motion to the bill to the desk.