September 7, 1977
Page 27985
UNANIMOUS CONSENT AGREEMENT
Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent — this request having been cleared with the distinguished minority leader, with Mr. MUSKIE, Mr. BELLMON, with the managers of the pending measure, and with other Senators whose amendments will be specified — that at the hour of 9:30 a.m. tomorrow morning the pending measure be temporarily set aside and that the Senate proceed to the consideration of Calendar Order No. 363, Senate Concurrent Resolution 43, which is the second concurrent resolution on the budget; that there be a time limitation overall on the concurrent resolution on the budget of 6 hours to be equally divided between Mr. BELLMON and Mr. MUSKIE; that there be a time limitation on an amendment by Mr. Talmadge of not to exceed 2 hours, a time limitation on an amendment by Mr. HATCH, a time limitation on an amendment by Mr. ROTH, and a time limitation on an amendment by Mr. HAYAKAWA of not to exceed 1 hour each on such amendments to be equally divided in accordance with the usual form, that there be a time limitation on any amendment to any amendment of 20 minutes; that there be the same time limitation on any debatable motion or appeal, or point of order, if the Chair entertains such discussion on a point of order; that there be a time limitation on any other amendment in the first degree of 30 minutes; that the agreement be in the usual form, as to the division and control of time.
Provided further that time on amendments, debatable motions, appeals, or points of order if such are submitted to the Senate for its discussion come out of the overall 6 hour time limitation on the resolution; provided further that if the resolution is not disposed of by no later than 12:30 p.m. tomorrow the resolution be temporarily set aside and the Senate proceed to resume its consideration of the coal conversion bill, which at the moment is the pending business, provided further that in any event Mr. HATCH, Mr. ROTH, and Mr. HAYAKAWA will be protected with respect to their liberty to offer their amendments, and with respect to the time that has been specified on each of those amendments in the event that they cannot present themselves on the floor to offer their amendments prior to 12:30 p.m., it being understood that they will be necessarily away from the floor attending committee hearings during the morning of tomorrow; provided further that when the Senate resumes consideration of the coal conversion bill if it is at the hour of 12:30 p.m. tomorrow, or in any event no later than the hour of 1 p.m. tomorrow, Mr.
KENNEDY be recognized to call up his amendment to the coal conservation bill. I believe that about sums it up.
Mr. BAKER. Mr. President, reserving the right to object.
The PRESIDING OFFICER. The Senator from Tennessee reserves the right to object.
Mr. TALMADGE. Mr. President, will the distinguished majority leader yield?
Mr. BAKER. Mr. President, will the Senator yield?
Mr. ROBERT C. BYRD. I yield to the distinguished minority leader.
Mr. TALMADGE. Certainly.
Mr. BAKER. Mr. President, I make two inquiries, if I may. First, will the majority leader give me some indication of what time he intends to suggest the convening of the Senate tomorrow? I notice that his request suggested that we resume consideration of the budget resolution at 9:30 a.m.
Mr. ROBERT C. BYRD. Yes.
I would suggest, and I am prepared to offer a unanimous consent request at this point — but before responding to that will the distinguished Senator from Georgia be ready to proceed with his amendment at 9:30 a.m. tomorrow?
Mr. TALMADGE. I think so.
The time limitation agreement on the amendment is 1 hour on each side, or 2 hours on the amendment; is that correct?
Mr. ROBERT C. BYRD. The Senator is correct.
Mr. TALMADGE. That is agreeable to the Senator from Georgia. The amendment will be offered on behalf of the Committee on Agriculture, Nutrition and Forestry and also a number of members of the Budget Committee will be cosponsors thereof.
Mr. ROBERT C. BYRD. Very well. I thank the distinguished Senator from Georgia.
ORDER FOR ADJOURNMENT UNTIL 9:15A.M. TOMORROW
Mr. President, I ask unanimous consent, in response to the query by the distinguished minority leader, that when the Senate completes its business today it stand in adjournment until the hour of 9:15 a.m. tomorrow.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BAKER addressed the Chair.
ORDER TO PROCEED TO CONSIDERATION OF SENATE CONCURRENT RESOLUTION 43 TOMORROW
Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent, if my friend will allow me, that on tomorrow, after the two leaders or their designees have been recognized under the standing order, the Senate proceed to the consideration of the second concurrent resolution on the budget, Senate Concurrent Resolution 43.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BAKER. Mr. President, will the distinguished majority leader yield to me?
Mr. ROBERT C. BYRD. I yield.
Mr. BAKER. On the proviso for returning to the coal conversion bill at 12:30 p.m., does the Senator from Tennessee correctly understand the request that at 12:30 p.m., but in no event later than 1 p.m., the Kennedy amendment will become the pending business?
Mr. ROBERT C. BYRD. Yes. The Senator is correct in his understanding, and I phrased it as I did for this reason: It is entirely possible that once the amendment by Mr. TALMADGE and others to the second concurrent resolution on the budget is disposed of there would be no other amendments to the resolution at that point by Senators who could be present on the floor.
Conceivably, therefore, the Senate could complete action on the Talmadge amendment with a vote thereon if all the time were taken by both sides. That action could be completed by 11:45 a.m., which would include a roll call vote.
So, in that event, I would like for it to be possible if Mr. KENNEDY were ready, for him to call up his amendment then, but at no later than 1 p.m. tomorrow he be authorized to call up his amendment.
Mr. BAKER. I thank the majority leader.
If he will yield for one additional question, I assume that the time for roll call votes is not charged against the total of 6 hours set aside for consideration of the resolution. Is that correct?
Mr. ROBERT C. BYRD. The Senator is correct.
Mr. BAKER. I thank the majority leader.
There is no objection, Mr. President, from me.
The PRESIDING OFFICER. Is there objection?
Mr. HANSEN. Mr. President, reserving the right to object, and I do not intend to object.
The PRESIDING OFFICER. The Senator from Wyoming reserves the right to object.
Mr. HANSEN. There are amendments pending that have not yet been disposed of. The proposal and request for a unanimous consent agreement by the distinguished majority leader does not preclude in any way the consideration of those other amendments.
Mr. ROBERT C. BYRD. To the coal conversion bill?
Mr. HANSEN. Yes.
Mr. ROBERT C. BYRD. It does not.
Mr. HANSEN. I have no objection.
Mr. BAKER. I shall ask the same thing. If the Senator will yield to me one more moment, I assume further that the amendment to the agreement on the coal conversion measure does not vitiate or change any of the other provisions of the agreement entered into previously. I am thinking particularly of the proviso that, if the Kennedy amendment is not tabled, then there would be no further time limitation on the bill itself.
Mr. ROBERT C. BYRD. No. I believe the agreement was that if the Kennedy amendment is not tabled, there will be no further time limitation on that amendment. That was the original agreement.
Mr. BAKER. That is correct.
I am sorry I misstated it. But that portion of the previous unanimous consent agreement is not changed by the present request. Is that correct?
Mr. ROBERT C. BYRD. The Senator is correct.
Mr. BAKER. I thank the Senator.
Mr. MUSKIE. Mr. President, will the Senator yield?
Mr. ROBERT C. BYRD. I yield.
Mr. MUSKIE. Reserving the right to object.
The PRESIDING OFFICER. The Senator from Maine reserves the right to object.
Mr. MUSKIE. I am not sure the Senator indicated what time limitation will apply to amendments to the amendment. I think it is 20 minutes.
Mr. ROBERT C. BYRD. Yes, I did.
Mr. MUSKIE. It was a long, involved sentence at that point and I did not catch the 20 minutes. I wanted to be sure that the 20 minute time limitation was included.
Mr. ROBERT C. BYRD. May I ask the Chair if that is part of the agreement?
The PRESIDING OFFICER. That is part of the agreement.
Mr. ROBERT C. BYRD. All right.
The PRESIDING OFFICER. Is there objection?
The Chair hears none.
Without objection, it is so ordered.
The text of the agreement is as follows:
Ordered, That when the Senate proceeds to the consideration of S. Con. Res. 43 (Order No. 363), a concurrent resolution revising the Congressional Budget for the United States Government for the fiscal year 1978, time for debate on any amendment in the first degree (except an amendment to be offered by the Senator from Georgia (Mr. TALMADGE), on which there shall be 2 hours; and amendments to be offered by the Senator from Utah (Mr. HATCH), the Senator from Delaware (Mr. ROTH), and the Senator from California (Mr. HAYAKAWA), on each of which there shall be 1 hour) shall be limited to 30 minutes, to be equally divided and controlled by the mover of such and the manager of the resolution, and time for debate on any amendment in the second degree, debatable motion, appeal, or point of order which is submitted or on which the Chair entertains debate shall be limited to 20 minutes, to be equally divided and controlled by the mover of such and the manager of the resolution: Provided, That in the event the manager of the resolution is in favor of any such amendment or motion, the time in opposition thereto shall be controlled by the minority leader or his designee: Provided further, That no amendment that is not germane to the provisions of the said resolution shall be received.
Ordered further, That on the question of agreeing to the said resolution, debate shall be limited to 6 hours, to be equally divided and controlled by the Senator from Maine (Mr. MUSKIE) and the Senator from Oklahoma (Mr. BELLMON): Provided, That the said Senators, or either of them, may from the time under their control on agreeing to the said resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, appeal, or point of order: Provided further, That time used on amendments, debatable motions, appeal, or points of order shall come out of the 6 hours oh the resolution and that the Senators from Utah, Delaware, and California be guaranteed the 1 hour each on their respective amendments in any event, if offered.
TIME LIMITATION AGREEMENT. 1307
Mr. ROBERT C. BYRD. Mr. President,I further ask unanimous consent that upon the disposition — and this may slightly modify the agreement that has just been entered into — of the amendment by Mr. TALMADGE, and others, tomorrow, to Senate Concurrent Resolution 43, the Senate proceed to the consideration of S. 1307, with the following time limitation agreement thereon:
That there be a time limitation of 20 minutes on the bill, to be equally divided between Mr. THURMOND and Mr. CRANSTON, with the understanding that if there be an amendment thereto, the time on it be limited to not to exceed 10 minutes, to be equally divided, and that the time for such amendment or amendments come out of the time on the bill, S. 1307; Provided further, that should there be a sufficient number of amendments — and it is not anticipated at this time that there will be — to require additional time beyond the 20 minutes on the measure, the distinguished minority leader and the majority leader be recognized to set the bill aside or to obtain sufficient additional time, not to exceed 10 minutes, if that would be sufficient, to provide for final disposition of the bill.
Mr. HASKELL. Mr. President, reserving the right to object, and I certainly do not intend to, I assume that the majority leader's present request in no way affects the scheduling of the pending business tomorrow at 12:30.
Mr. ROBERT C. BYRD. With this modification, which I see as a possibility: In the event the distinguished minority leader and the majority leader feel, under the circumstances prevailing at that time, that a limited amount of time is necessary to complete action on S. 1307and I do not foresee that at all; I am just trying to provide for any contingency — that in any event not later than 1 o'clock p.m. tomorrow the Senate would resume consideration of the coal conversion bill, with Mr. KENNEDY recognized at that point to call up his amendment.
Mr. BAKER. Mr. President, reserving the right to object, will the Senator permit me to comment?
Mr. ROBERT C. BYRD. Yes.
Mr. BAKER. I would say to the distinguished Senator from Colorado as well that an agreement on this subject has been in the mill for some time before we had our statutory break in August. I do not anticipate that the arrangement just made would take over 5 or 10 minutes, or that it would interfere with the schedule the majority leader has described; but I think it is an appropriate thing to do, and I am glad there is no objection to the request.
Mr. HASKELL. Mr. President, I have no objection. I assume we will try to resume action on the President's pending measure at 12:30 on tomorrow, but in any event not later than 1 p.m. tomorrow.
Mr. ROBERT C. BYRD. Mr. President, just to prevent any unanticipated problems in scheduling, I ask unanimous consent that the time on any debatable motion, appeal, or point of order in respect to S. 1307 likewise be limited to 10 minutes, to be equally divided in accordance with the usual form, such time to come out of the overall time on that bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. ROBERT C. BYRD. Now, may I ask the Chair, if under the requests that have been propounded and agreed to, is my understanding correct that upon the disposition of S. 1307 tomorrow, the Senate will resume consideration of the coal conversion bill?
The PRESIDING OFFICER. The Chair's understanding is that that is so.
Mr. ROBERT C. BYRD. Is my further understandingto this extent correct: that in any event the Senate will resume consideration of the coal conversion bill tomorrow not later than 1 o'clock p.m.?
The PRESIDING OFFICER. That is the understanding of the Chair.
Mr. ROBERT C. BYRD. I believe that 1 o'clock p.m. modified the previous 12:30 p.m. request.
The PRESIDING OFFICER. That is correct. Is there objection to the request of the Senator from West Virginia? Without objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President, there will be no more roll call votes today, Mr. President. There will be no further business transacted today, except there is one bill on the Unanimous Consent Calendar which has been cleared since before the statutory break. There are certain measures at the desk which I understand have been cleared for action by unanimous consent. Other than those measures, there will be no further votes, by voice or otherwise, today.
The Senate will proceed very shortly with consideration of the concurrent budget resolution. Mr. MUSKIE will call that up. Opening statements will be made today, but no votes or further action will be taken thereon.