[Congressional Record (Bound Edition), Volume 147 (2001), Part 6]
[Senate]
[Pages 8668-8673]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           Amendment No. 660

  The PRESIDING OFFICER. The question now occurs on the McCain 
amendment No. 660. The Senator from Arizona.
  Mr. McCAIN. Madam President, this amendment would cut the top tax 
rate for the wealthiest individuals from 39.6 percent to 38.6 percent 
and devote the resulting savings that would have gone to this group to 
lower and middle-income taxpayers by increasing the number of 
individuals who pay the 15-percent tax rate. When it is finally phased 
in, this amendment will place millions of taxpayers now in the 28-
percent tax bracket into the 15-percent tax bracket. Under this 
amendment, unmarried individuals can make nearly $30,000 and married 
individuals can make $50,000 and still be in the 15-percent tax 
bracket.
  I urge its adoption and yield back the remainder of my time.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. Madam President, most of those paying the top marginal 
rate are small business owners and farmers operating their businesses 
as sole proprietorships or S-corporations. A study recently released by 
the Treasury shows that under the President's proposal--this is the 
President's proposal but still germane--77 percent of the money going 
to cut the top 39.6-percent rate would go to small business owners. 
These small business owners make up 63 percent of the tax returns that 
would benefit from reducing the top rate. Small business owners are, of 
course, the engine of growth that runs our economy. These are the 
people who plow their tax money and their tax relief right back into 
their businesses, increasing wages, hiring more workers.
  The number of small businesses that could benefit from a cut in the 
top rate, for instance, in the State of Arizona, is around 267,000 
small businesses. I seriously question how much we really gain by 
attacking these small businesses with high rates.
  Another twist is, for those of you who are interested in disabled 
children and kids with special needs, there are special needs trusts. 
These trusts for the disabled can be easily subject to taxation at the 
top rate of 39.6 percent.
  I urge Members to vote down the amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment. 
The yeas and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. INOUYE. Madam President, on this vote, I have a pair with the 
Senator from Alaska (Mr. Stevens). If he were present and voting, he 
would vote ``nay.'' If I were at liberty to vote, I would vote ``yea.'' 
Therefore, I withhold my vote.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 49, nays 49, as follows:

                      [Rollcall Vote No. 126 Leg.]

                                YEAS--49

     Akaka
     Bayh
     Biden
     Bingaman
     Boxer
     Byrd
     Cantwell
     Carnahan
     Carper
     Chafee
     Clinton
     Collins
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     McCain
     Mikulski
     Murray
     Nelson (FL)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Specter
     Stabenow
     Torricelli
     Wellstone
     Wyden

                                NAYS--49

     Allard
     Allen
     Baucus
     Bennett
     Bond
     Breaux
     Brownback
     Bunning
     Burns
     Campbell
     Cleland
     Cochran
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McConnell
     Miller
     Murkowski
     Nelson (NE)
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                   PRESENT AND GIVING A LIVE PAIR--1

       
     Inouye
       

                             NOT VOTING--1

       
     Stevens
       
  The amendment (No. 660) was rejected.
  Mr. LOTT. Madam President, I move to reconsider the vote.
  Mr. GRAMM. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                            Motion to Commit

  The PRESIDING OFFICER. The question is now on agreeing to the motion 
of the Senator from Arizona.
  The Senator from Arizona is recognized.
  Mr. McCAIN. Madam President, the intention of this amendment is to 
commit until we can find out exactly what our expenditures are going to 
be for national defense. Recent articles and information clearly 
indicate that there will be very little, if any, left over for a 
supplemental for any funding that I personally campaigned that the men 
and women of the armed services would receive for a national defense 
system.

[[Page 8669]]

  I don't expect to win on this, but I can assure you that with this 
tax cut going through as it is, with all of the additional spending 
that I have observed over the last few years, which I see no change in 
whatsoever, we will not have enough money to defend this Nation's vital 
national security interests.
  We are embarked on an unusual and dangerous course of action, a 
massive tax cut without any indication or evidence whatsoever of how 
much we are going to need to spend to defend this Nation. I urge great 
caution as we embark on this enterprise because it may be a very 
expensive price to pay.
  I will take a voice vote on this amendment.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. Madam President, first of all, we all appreciate the 
Senator's concern about defense because he is very much an authority in 
that area. I am confident, however, that the budget resolution we 
passed has provided adequate funding for defense. This amendment would 
undo all of our efforts to provide significant cuts at all marginal 
rates. Besides, we have $500 billion in the contingency fund that we 
will be able to use to draw on if additional money for defense is 
needed.
  I urge my colleagues to vote no.
  The PRESIDING OFFICER. The yeas and nays have been ordered. There 
needs to be consent to vitiate them.
  Mr. GRASSLEY. I ask unanimous consent that the yeas and nays be 
vitiated.
  Mr. REID. Objection.
  Mrs. BOXER. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. GRASSLEY. Madam President, I make a point of order that the 
amendment is not germane to the provisions of a reconciliation measure. 
I raise a point of order against the amendment under section 305(b)(2) 
of the Budget Act.
  Mr. REID. Madam President, I move to waive and ask for the yeas and 
nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Alaska (Mr. Stevens) is 
necessarily absent.
  The PRESIDING OFFICER (Mr. Voinovich). Are there any other Senators 
in the Chamber desiring to vote?
  The yeas and nays resulted--yeas 43, nays 56, as follows:

                      [Rollcall Vote No. 127 Leg.]

                                YEAS--43

     Akaka
     Biden
     Bingaman
     Boxer
     Cantwell
     Carnahan
     Carper
     Cleland
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Johnson
     Kennedy
     Kerry
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     McCain
     Mikulski
     Murray
     Nelson (FL)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Wellstone
     Wyden

                                NAYS--56

     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Bond
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Chafee
     Cochran
     Collins
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kohl
     Kyl
     Lott
     Lugar
     McConnell
     Miller
     Murkowski
     Nelson (NE)
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner

                             NOT VOTING--1

       
     Stevens
       
  The PRESIDING OFFICER. On this vote the yeas are 43, the nays 56. 
Three-fifths of the Senators duly chosen and sworn not having voted in 
the affirmative, the motion is rejected. The point of order is 
sustained and the amendment falls.
  Mr. LOTT. I move to reconsider the vote.
  Mr. GRASSLEY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 723

  The PRESIDING OFFICER. The question is on agreeing to the second-
degree amendment No. 723 by Senator Smith to his first-degree amendment 
No. 680. The Senator from New Hampshire.
  Mr. SMITH of New Hampshire. Mr. President, my second-degree amendment 
is really quite simple. It extends the moratorium on the Internet tax, 
and that is the extent of it.
  If my colleagues want to continue taxing the Internet or tax the 
Internet further, then they vote against me. But if they do not favor 
the Internet tax and would like to extend the moratorium against that 
tax, then vote with me.
  Mr. President, I urge the adoption of my amendment and ask for the 
yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  The Senator from Wyoming.
  Mr. ENZI. Mr. President, I will be making a motion on the germaneness 
of the amendment. First, this amendment is not quite as simple as the 
Senator from New Hampshire says. If a State has a sales tax, the 
cities, towns, and counties are desperately interested in this. They 
will not think it is appropriate to adopt a second-degree amendment 
that will preclude them from having any opportunity to continue the 
revenue on which they are counting for their schools and other forms of 
government.
  The retailers in our States will not be very happy with that simple 
change of policy allowing that tax to be destroyed. If a colleague is 
from a State that does not have a sales tax, he or she would want to 
vote against this amendment. The reason they would want to vote against 
it is because they would not want the other 44 States to take an 
opportunity later to take away a major source of their revenue.
  This needs a lot of work. There has been a bipartisan group of us 
working on this issue for almost a year. We have been working with the 
retailers, direct marketers, and all levels of government.
  The pending amendment is not germane to the provisions of the 
reconciliation measure. I, therefore, raise a point of order against 
the amendment under section 305(b)(2) of the Budget Act.
  Mr. SMITH of New Hampshire. Mr. President, I move to waive the Budget 
Act and ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the motion. The clerk will call the 
roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Alaska (Mr. Stevens) is 
necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 11, nays 88, as follows:

                      [Rollcall Vote No. 128 Leg.]

                                YEAS--11

     Allard
     Allen
     Boxer
     Brownback
     Craig
     Crapo
     Gregg
     Smith (NH)
     Smith (OR)
     Warner
     Wyden

                                NAYS--88

     Akaka
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Breaux
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Snowe
     Specter

[[Page 8670]]


     Stabenow
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Wellstone

                             NOT VOTING--1

       
     Stevens
       
  The PRESIDING OFFICER. On this question the yeas are 11 and the nays 
are 88. Three-fifths of the Senators duly chosen and sworn not having 
voted in the affirmative, the motion is not agreed to.
  The point of order is sustained and the amendment falls.
  Mr. LIEBERMAN. Mr. President, I rise to explain my vote against this 
amendment to the tax bill that we are debating today. The record 
clearly shows my strong support for the Internet, which is still in its 
infancy. I believe that Congress needs to give it the time and space to 
continue to grow and evolve without complex and burdensome taxation.
  In October 1998 Congress enacted the Internet Tax Freedom Act. At 
that time, I supported placing a three-year moratorium on the 
imposition of any new state and local sales tax on Internet access and 
precluding charging sales tax for purchases over the Internet that do 
not apply to other mediums. I was also very supporting of the 19 member 
Advisory Commission on Electronic Commerce that the Act created to 
review a variety of tax issues relating to electronic commerce, 
including the taxation of all interstate commerce whether by the 
Internet or more traditional methods. I must say that I was 
disappointed that the Commission was not able to make substantive 
recommendations on most of the key issues before it.
  However, I am hopeful that current negotiations now ongoing here in 
the Senate will produce legislation to address this issue in an 
effective and equitable manner. For that reason, I am voting against 
this amendment. I think that the amendment is well intentional, but 
that we need to give the current negotiations more time to play out in 
the Commerce Committee before taking action.


                           Amendment No. 680

  The PRESIDING OFFICER. The question is on agreeing to the first-
degree amendment No. 680 by the Senator from New Hampshire.
  Who yields time?
  Mr. SMITH of New Hampshire. The amendment numbered 680 is the law 
enforcement survivor benefits. In 1997, Congress passed legislation to 
take care of not taxing the benefits to children whose fathers died in 
the line of duty as law enforcement officers. Unfortunately, there was 
a period of about 13 years and these children were not taken out of 
that; therefore, families were faced with a tragedy--children were 
paying taxes on the benefits.
  This amendment clarifies that. So for all of those children whose 
fathers or mothers died in the line of duty, those benefits will not be 
taxed.
  I believe the yeas and nays have been ordered.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, speaking for myself and Senator Baucus, 
we urge the entire Senate to vote for this amendment.
  Mr. SMITH of New Hampshire. I state for the record I am perfectly 
willing to not have a recorded vote, but I am told others want a 
recorded vote. I don't want to get the blame for having a recorded 
vote.
  The PRESIDING OFFICER. The yeas and nays have been called for.
  Mr. GRASSLEY. I ask unanimous consent the yeas and nays be vitiated.
  Mr. REID. I object.
  The PRESIDING OFFICER. The objection is heard. The question is on 
agreeing to the amendment. The yeas and nays have been ordered. The 
clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Alaska (Mr. Stevens) is 
necessarily absent.
  The result was announced--yeas 99, nays 0, as follows:

                      [Rollcall Vote No. 129 Leg.]

                                YEAS--99

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                             NOT VOTING--1

       
     Stevens
       
  The amendment (No. 680) was agreed to.
  Mr. SMITH of New Hampshire. I move to reconsider the vote.
  Mr. GRASSLEY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 684

  The PRESIDING OFFICER. The question is on agreeing to the amendment 
of the Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, I yield myself 30 seconds.
  Many of our colleagues claim that the nation can afford massive tax 
cuts and adequate education investments. This amendment holds them to 
their word. It says that the wealthiest one percent of taxpayers will 
not see a cut in the top income tax rate until education is funded at 
the amounts that the Senate recently authorized.
  In the last 2 weeks, the Senate has voted overwhelmingly--to fully 
fund the Individuals with Disabilities Education Act; to fully fund 
Title I state grants for disadvantaged students; to improve teacher 
quality for all students; to improve education for students with 
limited English proficiency; and to expand access to safe after-school 
activities.
  Were these cruel hoaxes on the nation's children, or were they good 
faith statements of the education investments needed today? Let's get 
our priorities straight, and provide tax breaks to the wealthy only 
after we have met our commitments to the nation's school children.
  Tax breaks targeted to the richest 1 percent should not be allowed to 
crowd out basic education services. If we do not have the resources to 
provide the most basic education services, then we certainly do not 
have the resources to provide new tax breaks for the wealthiest among 
us.
  I will yield the 30 seconds to the Senator from Connecticut.
  Mr. DODD. Mr. President, to underscore the point, we have voted now 
on several occasions over the past number of weeks for full funding of 
title I, full funding of the IDEA, special education. What we are 
saying is it is going to be difficult to meet those obligations unless 
we provide room in the budget. The only way to do that is by reducing 
the tax cut a marginal amount so those costs can be met. That is what 
the amendment of the Senator from Massachusetts does. We urge its 
adoption.
  Mr. GRASSLEY. Mr. President, this amendment delays the tax cuts until 
a certain level of funding for education is met. Everybody knows that 
education is a top priority of this Congress, as well as of President 
Bush. Hopefully, we will finish a major education reform bill this week 
in the Senate.
  This tax bill contains over $30 billion of education tax incentives. 
There is no reason to delay other tax relief to accomplish something 
outside the jurisdiction of this bill.
  I believe there is a germaneness issue here, so I ask the pending 
amendment be found not to be germane to the provisions of the 
reconciliation measure. I raise a point of order against the amendment 
under section 305(b)(2) of the Budget Act.
  Mr. KENNEDY. Mr. President, pursuant to section 904 of the 
Congressional Budget Act, I move to waive the applicable sections of 
that act for consideration of the pending amendment.

[[Page 8671]]

  Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second.
  The question is on agreeing to the motion. The clerk will call the 
roll.
  Mr. NICKLES. I announce that the Senator from Alaska (Mr. Stevens) is 
necessarily absent.
  The PRESIDING OFFICER (Mr. Ensign). Are there any other Senators in 
the Chamber desiring to vote?
  The yeas and nays resulted--yeas 48, nays 51, as follows:

                      [Rollcall Vote No. 130 Leg.]

                                YEAS--48

     Akaka
     Bayh
     Biden
     Bingaman
     Boxer
     Byrd
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Torricelli
     Wellstone
     Wyden

                                NAYS--51

     Allard
     Allen
     Baucus
     Bennett
     Bond
     Breaux
     Brownback
     Bunning
     Burns
     Campbell
     Cochran
     Collins
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nelson (NE)
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                             NOT VOTING--1

       
     Stevens
       
  The PRESIDING OFFICER. On this vote, the yeas are 48, the nays are 
51. Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected. The point of order is 
sustained and the amendment falls.
  Mr. REID. Mr. President, could we have order.
  The PRESIDING OFFICER. The Senate will come to order.
  Mrs. BOXER. Mr. President, I have a unanimous consent request. I ask 
unanimous consent that we adjourn for the evening and continue voting 
on these amendments to the tax bill in the light of day tomorrow 
morning----
  MR. BUNNING. I object.
  Mrs. BOXER. At a time to be determined by the two leaders.
  The PRESIDING OFFICER. Objection is heard.
  Mrs. BOXER. It is very late. These are very important matters. This 
tax bill is going to change the course of this country.
  The PRESIDING OFFICER. Objection is heard to the unanimous consent 
request.
  Mrs. BOXER. We ought to go home and get a good night's sleep and then 
continue voting.
  The PRESIDING OFFICER. The Senate will be in order.
  The Senator from West Virginia.
  Mr. BYRD. Mr. President, I ask unanimous consent to proceed for 2 
minutes.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. BYRD. Mr. President, I respectfully urge the majority leader to 
put us out. Let's come back on tomorrow and finish voting on these 
amendments. It is 15 minutes after 11 o'clock. We have several 
amendments yet listed. I think the Senators ought to have an 
opportunity to call up those amendments. And Senators ought to be able 
to understand what they are voting on.
  Why is it that we have to continue going tonight?
  Mr. LOTT addressed the Chair.
  The PRESIDING OFFICER. The majority leader.
  Mr. LOTT. If Senator Byrd will yield, I note that just a few minutes 
ago we even had a 99-0 vote on an amendment that the sponsor was 
perfectly willing to have accepted by a voice vote. Actually, we have a 
limited number of amendments here. I would hope some of them would not 
be offered or could be withdrawn or could be accepted in the manager's 
package. We should be close to finishing this legislation.
  We had indicated for days, including at the beginning of this bill, 
that we needed to complete action tonight because we have other very 
important work to do this week. I know Senators Kennedy, Jeffords, and 
others were ready to go back to the education bill in the morning. 
That, too, is very important. And we need the time to go into 
conference between the Members of this body and the other body and 
complete action on this very important legislation. I know of no 
legislation that will be more important than what we are doing tonight.
  I have been very diligent as all Senators know, in trying to be 
respectful of Senators' needs to do other events. It is getting harder 
and harder. There is an event every night. There are events during the 
day. And we try to accommodate all Senators.
  But I think that as close as we are, and as far as we have come, if 
the Senators will just forbear--and we will work with the managers of 
the legislation--we could complete it tonight.
  I am afraid if we stop now and come back tomorrow, the number of 
amendments will grow. We have not been able to get a limit or agreement 
to withhold on amendments. I had hoped we could do that.
  As difficult as it may be, Senators are minding the store, staying in 
the Chamber. Most of these votes have been occurring in less than 12 
minutes, or 15 minutes at the most. If we will continue on, we should 
be able to complete this by midnight and then go on to other important 
legislation.
  I thank Senator Byrd for yielding to me in order to respond to his 
question.
  Mr. REID. Will the Senator from West Virginia yield to me for 1 
minute?
  Mr. BYRD. Mr. President, I don't have the floor.
  Mr. REID. Mr. President, I ask unanimous consent for 1 minute.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator from Nevada.
  Mr. REID. Mr. President, I have been here since 9:30 this morning 
with Senator Grassley and Senator Baucus. I would like to go home. I am 
willing to work through whatever time it takes. I say to my friend from 
Mississippi, the majority leader, we are not going to finish by 
midnight. We have on this side 20 more amendments at least. I wish it 
were not so, but that is the fact of life. We are not going to finish 
by midnight. At four amendments per hour, there are 5 more hours at a 
minimum.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, we are not going to finish this bill 
tonight. We are just not going to finish it. I hope the majority leader 
will let us go home. Not everybody in this Chamber has a wife who is as 
old as I am. We will be married 64 years next Tuesday. I think it is 
time to go home.
  I have been here many nights late. It has been my experience that 
when you reach this point in time, you don't accomplish a great deal. 
One Senator can pretty much take a lot of time right at this point. I 
don't want to do that. I ask the distinguished majority leader to get a 
unanimous consent request and put us out. Let us come back in tomorrow, 
and we will all feel better. I need to get home. I just plead with the 
leadership, we don't have to finish this bill tonight. We don't have 
to.
  This is Monday, isn't it? So we have several days yet left in the 
week. There is no reason why we have to pass this bill tonight and stay 
until midnight or 1 or 2 in the morning. To begin with, this is a bad 
bill. It ought not pass.
  I am going to ask the majority leader once more to put us out.
  Mr. LOTT. Mr. President, I know from past experience in the Senate, 
and from observing the Senate from the House, there have been many 
occasions when the Senate stayed late, beyond even midnight. I believe 
one time, in the case of a gas deregulation bill, they went very late. 
There is need to finish this legislation tonight. If it goes over to 
tomorrow, we should just continue going.
  This is very important legislation, to be followed by other very 
important legislation. If we had some sort of understanding, some 
finite list of amendments, that would be certainly worth

[[Page 8672]]

considering. It is important, from my conversation with Senator 
Daschle, to note even now, without completing this legislation, we 
still will have work to do on Friday and possibly Saturday.
  Again, it is important that we complete this work. It is important 
that we complete it so we can go on and begin the conference and go 
back to the education bill. It is not that late by comparison. I urge 
the Senate to continue its work.
  I know there had been a feeling that we should not complete it 
tonight. We need to do it. We have been working on this legislation one 
way or another for at least 3 months. We know how the final result will 
go, and I urge the Senate to move forward with the amendments that are 
offered and get to a final conclusion tonight.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BAUCUS. Mr. President, I ask unanimous consent to proceed for 1 
minute.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KENNEDY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The Senator from Montana has the floor.
  Mr. KENNEDY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The Senator has made a unanimous consent 
request. Is there objection? Without objection, the Senator is 
recognized for 1 minute.
  Mr. KENNEDY. Reserving the right to object, what was the request?
  Mr. BAUCUS. I asked unanimous consent to address the Senate for 1 
minute.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BAUCUS. I ask the Senator from Mississippi whether he would be 
willing to entertain putting us out tonight so long as we can develop a 
list of subsequent amendments to be offered, say, by tomorrow? I say 
that to my friend because there are so many amendments that could 
otherwise be offered tonight, we are going to be here until 6 in the 
morning at least.
  I very much agree with the Senator from West Virginia. There is a 
time and a place for everything. The time to end is probably about now. 
Perhaps we could put together a list of amendments with the 
understanding that that is the list, those are the amendments because, 
as we all know, at this point any number of amendments could be offered 
even subsequent to those that are being contemplated. I ask the Senator 
if he would contemplate that?
  Mr. LOTT. If the Senator will yield, there has been no end to the 
amendments that might be offered. I know a number of Senators have 
three or four more amendments. I would be interested in seeing if we 
can get an agreement on the amendments that would be proposed. That 
would give us something we could at least consider. But in the 
meantime, we could continue to make progress on the legislation while 
we are seeing if there is some sort of list that can be developed. I 
think that to stop now, without even knowing what the final product is 
going to be, what amendments might be offered or when the final 
conclusion would come, is not the way to proceed.
  I know there are those who don't want us to ever complete this 
legislation. I understand that. But we have had a full debate. We have 
complied with the rules that apply. And we have made it very clear for 
days, including before we began this series of votes, that our intent 
was to go until we concluded.
  At this point, let's proceed with the amendments that are pending. I 
believe Senator Feingold has an amendment that he is ready to offer, 
and I would be glad to discuss with anybody what the final package of 
amendments, what list of amendments might be developed, and we will see 
where we are. I will be glad to yield to Senator Nickles.
  Mr. NICKLES. Mr. President, the majority leader has requested that we 
proceed with the next vote, and during the next vote Senator Reid and I 
will see if we can't collect a list and come up with a finite list of 
amendments to see what we have remaining.
  The PRESIDING OFFICER. The question is on the Feingold amendment.
  Mr. KENNEDY. Mr. President, regular order.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KENNEDY. I am entitled to recognition. I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. A quorum call is not in order at this time.
  Mr. KENNEDY. Mr. President, I appeal the decision of the Chair, and I 
ask for the yeas and nays. I appeal the decision of the Chair and ask 
for the yeas and nays. I appeal the decision of the Chair, Mr. 
President. I am entitled to that request.
  The PRESIDING OFFICER. Let the Chair state the request.
  Mr. KENNEDY. I appeal the decision of the Chair on this, and I ask 
for the yeas and nays.
  The PRESIDING OFFICER. The Senator is appealing the decision of the 
Chair that a quorum call is not in order at this time while 2 minutes 
remain on the amendment. Does the Senator seek the yeas and nays on the 
appeal?
  Mr. KENNEDY. Yes, Mr. President.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. SARBANES. Mr. President, parliamentary inquiry.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. SARBANES. Is it the Chair's ruling that a request for a quorum is 
not in order because there are still 2 minutes remaining on the 
amendment?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. SARBANES. Would a request for a quorum be in order at the 
conclusion of the 2 minutes?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. SARBANES. I ask unanimous consent that the Senator from 
Massachusetts be recognized at the conclusion of the 2 minutes to make 
his suggestion.
  Mr. BUNNING. I object.
  The PRESIDING OFFICER. Objection is heard.
  The question is, shall the decision of the Chair stand? The yeas and 
nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Alaska (Mr. Stevens) is 
necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 99, nays 0, as follows:

                      [Rollcall Vote No. 131 Leg.]

                                YEAS--99

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                             NOT VOTING--1

       
     Stevens
       
  The ruling of the Chair was sustained as the judgment of the Senate.
  Mr. SARBANES. Mr. President, I move to reconsider the vote.
  Mr. LOTT. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The majority leader.

[[Page 8673]]


  Mr. LOTT. Mr. President, I seek recognition under leader time so I 
can propound a unanimous consent request and get an understanding as to 
how we are going to proceed at this point.
  First of all, I think it is unfortunate that we see there is a delay 
being forced. I understand there are Senators who think we have gone 
late enough tonight and would like for us to resume tomorrow. It is 
very important we complete this work, and obviously we will not go to 
any other legislation until we complete this very important work of the 
people.
  I have listened to Senators on both sides of the aisle and am trying 
to find a way to give Senators a chance to offer their amendments and 
have them considered. I hope that it will not be delayed indefinitely. 
Certainly that would be a subversion of the rules, but we will take a 
time out here and hopefully tomorrow Senators will be prepared to 
resume our work and bring it to a conclusion.
  I believe Senator Daschle intends to work with me and the managers of 
the legislation to try to find a way to bring this debate to a 
reasonable conclusion. But I emphasize again, we have work we need to 
do this week, and if we have to go on into Friday or Saturday, I think 
we should be prepared to do that. Senators on both sides have indicated 
they would be willing to do that.

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