[Congressional Record Volume 153, Number 21 (Monday, February 5, 2007)]
[Senate]
[Pages S1548-S1550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will be a period for the transaction of morning business until 4 p.m., 
with Senators permitted to speak therein for up to 10 minutes each, 
with up to 60 minutes under the control of the Senator from West 
Virginia, Mr. Byrd.
  Mr. WARNER. Reserving the right to object, I inquire, at what point 
can other Senators speak? I presume at the conclusion of the 
distinguished Senator from West Virginia; is that correct?
  The ACTING PRESIDENT pro tempore. We have--
  Mr. WARNER. Might I make that a unanimous consent, that I can be 
recognized following the distinguished Senator from West Virginia for 
10 minutes?
  The ACTING PRESIDENT pro tempore. The order is first the assistant 
majority leader gets 10 minutes.
  Mr. WARNER. All right. That is fine. And I notice the presence of the 
assistant Republican leader, so I would want to accommodate the 
assistant Republican leader.
  At some point, I am just asking, as a matter of courtesy, at what 
time may I speak? The Senator from Maine, Senator Hagel--there are 
several Members who would like to speak. If the Chair could help us, 
recognizing the leadership precedes.
  Mr. BYRD. What is the order that has been previously entered?
  The ACTING PRESIDENT pro tempore. There is no order in effect except 
for Senator Durbin and Senator Byrd.
  Mr. WARNER. Could I then ask unanimous consent at the appropriate 
time that the Senator from Virginia be recognized for 10 minutes, the 
Senator from Maine and the Senator from Nebraska for 10 minutes?
  Mr. LOTT. Reserving the right to object, Mr. President, I believe if 
Senator Durbin and Senator Byrd speak before we get into the rest of 
the lineup, I would like to have an opportunity to have at least 5 
minutes to speak after Durbin and Byrd but then go forward with the 
unanimous consent request of Senator Warner for himself and others.
  The ACTING PRESIDENT pro tempore. The assistant majority leader.
  Mr. DURBIN. I am not sure a unanimous consent has been propounded, 
but

[[Page S1549]]

I would like to modify what is pending as follows: I have a hearing to 
chair at 3 o'clock. I have been allocated 10 minutes. I would like to 
use 5 and give 5 to the Senator from New York and allow the other 
Senators--I have noted several Republican Senators who wish to speak 
for whatever period the Senator from West Virginia would be prepared to 
work out with them. He was kind enough to allow me 10 minutes, which I 
will share with the Senator from New York if it meets with the approval 
of the Senate.
  Let me defer to the Senator from West Virginia because I believe 
under the existing order I have 10 minutes and he has 1 hour, if I am 
not mistaken; is that correct?
  The ACTING PRESIDENT pro tempore. The 60 minutes reserved for Senator 
Byrd is not necessarily following your 10 minutes.
  Mr. DURBIN. If I might inquire of the Chair, then, is the 60 minutes 
for Senator Byrd reserved after morning business or during morning 
business?
  The ACTING PRESIDENT pro tempore. During morning business.
  Mr. DURBIN. I defer to the Senator from West Virginia because he made 
the earlier request and was kind enough to yield 10 minutes my way, and 
I want to make sure he agrees with whatever we tend to think is a 
reasonable way to allocate time.
  Mr. LOTT. Mr. President, I don't believe there is any order in place 
that Senator Byrd would go next even though there was, I believe, an 
order that he have an hour as if in morning business; is that correct?
  The ACTING PRESIDENT pro tempore. That is correct.
  Mr. LOTT. My only reservation, not wanting in any way to cut off any 
Senator, is that there be some flow of back-and-forth after the 
distinguished whip has his time, along with Senator Schumer; that some 
of us be able to comment in response, perhaps; and that Senator Byrd, 
certainly, get his time, but Senator Warner would also have an 
opportunity to get engaged in this lineup, and Senator Collins.
  Mr. DURBIN. Would the Senator from Mississippi propound a unanimous 
consent request based on that so we can decide whether that would be an 
appropriate way to proceed?
  Mr. LOTT. Mr. President, I ask unanimous consent that following the 
10 minutes that has been allocated for Senator Durbin as he would see 
fit to use his time, that I have 10 minutes, to be followed by the time 
Senator Byrd has, to be followed by Senator Warner, an equal amount of 
time as he would see fit.
  Mr. BYRD. Mr. President, reserving the right to object, what is the 
request?
  Mr. LOTT. I believe Senator Durbin would have 10 minutes as yielded 
by you, Senator Byrd, then I would have 10 minutes, to be followed by 
your time that you have requested, to be followed by Senator Warner and 
others as they would want to divide up that time. So we all would 
basically have an equal amount of time to go forward, but after an 
estimated 20 minutes, you would have your time to go forward.
  Mr. BYRD. Is that the order that has been established or is that the 
request?
  Mr. LOTT. That is the request.
  Mr. BYRD. But the order as established is what, may I ask the Chair?
  The ACTING PRESIDENT pro tempore. There is no order established. We 
have Senator Durbin who is recognized for 10 minutes. The Senator from 
West Virginia has 60 minutes although there is no order established. In 
other words, it is not locked in that the Senator from West Virginia go 
immediately after Senator Durbin.
  Mr. BYRD. Well, what is the order?
  The ACTING PRESIDENT pro tempore. The Senator from Mississippi has 
proposed an order where he would give 10 minutes to the Senator from 
Illinois, which I assume is 5 for the Senator from Illinois and 5 for 
the Senator from New York, although it is 10 minutes to the Senator 
from Illinois.
  Mr. BYRD. Mr. President, I do not mean to be contentious, but what is 
the order without the request?
  The ACTING PRESIDENT pro tempore. The order without the request is 
Senator Durbin, from Illinois, is recognized for 10 minutes; then, 
following that--but again, there is no sequence laid out specifically 
to what has been agreed to--following that, the Senator from West 
Virginia is to have 60 minutes.

  Mr. BYRD. Following that, if there is no sequence laid out, I would 
like for my time to follow the Senator from Illinois, and then we can 
talk about my time if Senators want some of it.
  Mr. LOTT. Mr. President, after Senator Durbin and perhaps Senator 
Schumer speak, my request was propounded on the basis that we try to go 
back and forth between the two parties and that I be allowed to have an 
equal amount of time in response to the remarks of Senator Durbin and 
then go forward with an order that would put Senator Byrd next in 
order, to be followed by Senator Warner. I am just trying to establish 
some fair flow back and forth.
  Mr. BYRD. Reserving the right to object, is there a previous order to 
the effect that I have an hour?
  The ACTING PRESIDENT pro tempore. The Senator is correct.
  Mr. BYRD. All right. The previous order is that I have an hour. When 
should I have the hour under the previous order?
  The ACTING PRESIDENT pro tempore. That is what is trying to be worked 
out right now. Right now, the Chair asks the Senator from West Virginia 
if the Senator intends to use the full hour and if the Senator would 
like it all in one block or if the Senator would prefer to break it up?
  Mr. BYRD. I don't know yet, but I want the hour.
  The ACTING PRESIDENT pro tempore. In one block?
  Mr. BYRD. I want the hour.
  The ACTING PRESIDENT pro tempore. The full hour.
  Mr. BYRD. An hour is a full hour.
  The ACTING PRESIDENT pro tempore. Uninterrupted?
  Mr. BYRD. As of now, I want the hour.
  Mr. LOTT. Parliamentary inquiry: While there is an order that Senator 
Byrd have an hour, it was not put in place at a particular time or to 
follow in any particular order; is that correct?
  The ACTING PRESIDENT pro tempore. The Senator is correct.
  Is there objection to the request of the Senator from Mississippi?
  Mr. BYRD. Yes. My objection as of this point----
  The ACTING PRESIDENT pro tempore. The Senator from West Virginia.
  Mr. BYRD. Reserving the right to object.
  Mr. SCHUMER addressed the Chair.
  The ACTING PRESIDENT pro tempore. The Senator from New York.
  Mr. SCHUMER. If I could suggest, to speed this up, if instead of 
taking the 5 minutes Senator Durbin was going to yield me, I would be 
happy to defer and let Senator Lott speak for that 5 minutes, and after 
Senator Byrd finishes his remarks, I could speak my 5 minutes. That way 
we would have an order, and Senator Byrd would not have to yield any 
more time, and all of us would get to say whatever we wanted to say. I 
make that a unanimous consent request.
  Mr. WARNER. Reserving the right to object, could then the three 
colleagues I have mentioned--myself, Senator Collins, and Senator 
Hagel--follow the distinguished Senator from New York?
  Mr. SCHUMER. I have no problem with that.
  Mr. BYRD. Well, before that, let me----
  The ACTING PRESIDENT pro tempore. The Senator from West Virginia.
  Mr. BYRD. Mr. President, had an order been previously entered for me 
to have an hour?
  The ACTING PRESIDENT pro tempore. The Senator is correct.
  Let me read the order for a point of clarification. It says: Under 
the previous order, there will be a period for the transaction of 
morning business until 4 p.m., with Senators permitted to speak therein 
for up to 10 minutes each, with up to 60 minutes under the control of 
the Senator from West Virginia, Mr. Byrd.
  So it is in morning business, and the Senator from West Virginia has 
60 minutes.
  Mr. BYRD. All right. I thank the Chair.
  Let's proceed under the order.
  The ACTING PRESIDENT pro tempore. And also, the next Senator to be 
recognized is the Senator from Illinois.
  Mr. BYRD. The Senator from Illinois, all right.
  Mr. DURBIN. Will the Chair yield for a question?

[[Page S1550]]

  The ACTING PRESIDENT pro tempore. Absolutely.
  Mr. DURBIN. Is there a record vote scheduled at 5:30 on the cloture 
motion?
  The ACTING PRESIDENT pro tempore. There is a vote scheduled under a 
previous unanimous consent at 5:30.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the 10 
minutes before that vote be equally divided between the majority and 
minority so that at 5:20 a person speaking--sorry. I withdraw that 
request.
  Mr. President, as I understand it, I am recognized for 10 minutes at 
this point?
  The ACTING PRESIDENT pro tempore. That is correct.
  Mr. DURBIN. My intention is to yield 5 minutes to Senator Schumer. So 
I will begin at this point.

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