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S10856 CONGRESSIONAL RECORD — SENATE November 13, 2002 decides they want to try to disrupt the Thomas Thurmond Warner The legislative clerk called the roll. Thompson Voinovich Wyden process, they can. This is not an ex- Mr. REID. I announce that the Sen- treme proposal. It is a compromise. It NAYS—8 ator from Iowa (Mr. HARKIN) and the has dealt with many of the issues that Boxer Feingold Reed Senator from New Jersey (Mr. Byrd Jeffords have been raised, from the appropria- Sarbanes ORRICELLI Corzine Kennedy T ) are necessarily absent. tions issue Senator BYRD raised to nu- Mr. NICKLES. I announce that the NOT VOTING—3 merous other issues discussed. I hope Senator from North Carolina (Mr. Harkin Helms Torricelli we will today begin the process that HELMS) is necessarily absent. will quickly allow us to pass this bill. The PRESIDING OFFICER (Mr. I yield the floor. The PRESIDING OFFICER. Are there EDWARDS). On this vote, the yeas are any other Senators in the Chamber 89, the nays are 8. Three-fifths of the who wish to vote? f Senate duly chosen and sworn having voted in the affirmative, the motion is The result was announced—yeas 50, CLOTURE MOTION agreed to. nays 47, as follows: The PRESIDING OFFICER. Under f [Rollcall Vote No. 241 Leg.] the previous order, the clerk will re- HOMELAND SECURITY ACT OF YEAS—50 port the motion to invoke cloture. The assistant legislative clerk read 2002—Resumed Allard Enzi Murkowski The PRESIDING OFFICER. The Allen Fitzgerald Nickles as follows: Barkley Frist Roberts CLOTURE MOTION clerk will report the bill. Bennett Gramm Santorum We, the undersigned Senators, in accord- The assistant legislative clerk read Bond Grassley Sessions as follows: Brownback Gregg Shelby ance with the provisions of rule XXII of the Bunning Hagel Standing Rules of the Senate, hereby move A bill (H.R. 5005) to establish the Depart- Smith (NH) Burns Hatch Smith (OR) to bring to a close the debate on the Gramm- ment of Homeland Security, and for other Campbell Hutchinson Snowe Miller amendment No. 4738 to H.R. 5005, the purposes. Chafee Hutchison Specter Homeland Security legislation: Cochran Inhofe Pending: Stevens , Ben Nelson of Nebraska, Hil- Collins Kyl Lieberman Amendment No. 4471, in the na- Craig Lott Thomas lary Rodham Clinton, Debbie Stabe- ture of a substitute. Thompson now, Mark Dayton, , Crapo Lugar Gramm/Miller Amendment No. 4738 (to DeWine McCain Thurmond John Breaux, Tom Carper, Tom Amendment No. 4471), of a perfecting nature, Domenici McConnell Voinovich Daschle, Byron L. Dorgan, Jack Reed, to prevent terrorist attacks within the Ensign Miller Warner , Tim Johnson, Mary Lan- . drieu, , Daniel K. Inouye. Nelson (NE) Amendment No. 4740 (to NAYS—47 The PRESIDING OFFICER. The Amendment No. 4738), to modify certain per- Akaka Dayton Leahy question is, Is it the sense of the Sen- sonnel provisions. Baucus Dodd Levin ate that debate on the Gramm amend- Daschle motion to commit the bill to the Bayh Dorgan Lieberman Committee on Governmental Affairs and Biden Durbin Lincoln ment No. 4738 to H.R. 5005, an act to es- that it be reported back forthwith with the Bingaman Edwards Mikulski tablish the Department of Homeland pending Lieberman Amendment No. 4471, Boxer Feingold Murray Security, shall be brought to a close? listed above, as amended. Breaux Feinstein Nelson (FL) Daschle Amendment No. 4742 (to the in- Byrd Graham Nelson (NE) The yeas and nays are required under Cantwell Hollings Reed rule XXII. structions of the motion to commit H.R. 5005 Carnahan Inouye Reid The clerk will call the roll. to the Committee on Governmental Affairs) Carper Jeffords Rockefeller of a perfecting nature, to prevent terrorist Cleland Johnson The assistant legislative clerk called Sarbanes the roll. attacks within the United States. Clinton Kennedy Daschle Amendment No. 4743 (to Amend- Conrad Kerry Schumer Mr. REID. I announce that the Sen- ment No. 4742), to modify certain personnel Corzine Kohl Stabenow ator from Iowa (Mr. HARKIN) and the provisions. Daschle Landrieu Wyden Senator from New Jersey (Mr. The PRESIDING OFFICER. Cloture NOT VOTING—3 TORRICELLI) are necessarily absent. having been invoked, the pending mo- Mr. NICKLES. I announce that the Harkin Helms Torricelli tion to recommit falls. Senator from North Carolina (Mr. The Senator from Tennessee. The motion was agreed to. HELMS) is necessarily absent. Mr. THOMPSON. Mr. President, I The PRESIDING OFFICER (Mr. Mr. REID. Mr. President, I move to move to table the pending Lieberman reconsider the vote. JOHNSON). Are there any other Sen- amendment and ask for the yeas and ators in the Chamber desiring to vote? Mr. LEVIN. I move to lay that mo- nays. tion on the table. The yeas and nays resulted—yeas 89, The PRESIDING OFFICER. Is there a nays 8, as follows: sufficient second? The motion to lay on the table was [Rollcall Vote No. 240 Leg.] Mr. BYRD addressed the Chair. agreed to. YEAS—89 The PRESIDING OFFICER. It ap- UNANIMOUS CONSENT REQUEST Akaka DeWine Levin pears there is a sufficient second. Mr. REID. Mr. President, I ask unan- Allard Dodd Lieberman The yeas and nays were ordered. imous consent that the Senate now Allen Domenici Lincoln The PRESIDING OFFICER. The Sen- Barkley Dorgan Lott proceed to the consideration of the ator from West Virginia. Baucus Durbin Lugar conference report to accompany H.R. Bayh Edwards McCain Mr. BYRD. The Senator from West Bennett Ensign Virginia could not hear the motion. 4546, the Department of Defense au- McConnell thorization bill; that there be 75 min- Biden Enzi Mikulski Would the Chair get order? Let’s hear Bingaman Feinstein Miller the motion again. utes equally divided and controlled by Bond Fitzgerald Murkowski Senators LEVIN and WARNER or their Breaux Frist The PRESIDING OFFICER. The Sen- Murray Brownback Graham designees; that upon the use or yield- Nelson (FL) ate will be in order. Bunning Gramm ing back of the time with no inter- Nelson (NE) Mr. BYRD. If we can’t do this, I will Burns Grassley Nickles suggest the absence of a quorum. vening action or debate the Senate pro- Campbell Gregg ceed to vote on the adoption of the con- Cantwell Hagel Reid The PRESIDING OFFICER. The Sen- Carnahan Hatch Roberts ate will be in order. Senators will take ference report; that upon the adoption Carper Hollings Rockefeller their conversations to the cloakrooms. of the conference report and the Senate Chafee Hutchinson Santorum resuming consideration of H.R. 5005, Schumer The Senator from West Virginia. Cleland Hutchison Senator THOMPSON be recognized to Clinton Inhofe Sessions Mr. BYRD. I would just like to hear Cochran Inouye Shelby what the motion was. offer a substitute amendment; that im- Collins Johnson Smith (NH) The PRESIDING OFFICER. The Sen- mediately upon the reporting of the Conrad Kerry Smith (OR) ator from Tennessee has moved to Thompson amendment Senator LIEBER- Snowe Craig Kohl table the Lieberman substitute. The MAN be recognized to offer an amend- Crapo Kyl Specter Daschle Landrieu Stabenow yeas and nays have been ordered. The ment to the Thompson amendment; Dayton Leahy Stevens clerk will call the roll. and, following that, Senator

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