John McCain

Mr. McCAIN

Mr. McCAIN. I move to reconsider the vote.

Mr. McCAIN. Madam President, I have a second-degree amendment at the desk, and I ask for its immediate consideration.

Mr. McCAIN. I ask unanimous consent reading of the amendment be dispensed with.

Mr. McCAIN. As I explained earlier, this will be a simple vote on whether the moratorium should last for 3 years or 4 years. I am sorry we have to have a recorded vote on it since we were able to reach agreement on far more contentious issues surrounding this legislation. There will be some debate and discussion on this amendment. In the meantime, I suggest the absence of a quorum.

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 I ask unanimous consent that the order for the quorum call be rescinded.

Mr. McCAIN. There was a technical error in amendment No. 3721. Therefore, I send a modification to the desk and ask it be accepted on the proviso we will try to hire more efficient staff so these kinds of things are not required in the future.

Mr. McCAIN. I suggest the absence of a quorum.

Mr. McCAIN. Mr. President, I urge the advocates of the 3-year moratorium to come to the floor and help us explore this very complex issue as to whether we are going to have a 3-year or a 4-year moratorium. I know it is a subject that is complex in detail. However, we would like to complete the debate on this very complicated issue that we were unable to resolve with our friends on the other side of this issue. Again, I find it remarkable that we were able to work out grandfather language, and about 15 other amendments. But somehow this one is worthy of a vote as to whether a moratorium is 3 or 4 years. I can't add a lot to what the distinguished Senator from Oregon just said, except to say that I hope we can minimize the debate. But I say to those who are the 3-year advocates to come over and make their case, because as soon as Senator Dorgan comes back we would like to move on that amendment, because I believe that, following Senator Murkowski's motion on the underlying amendment, we can move to final passage on this bill. I know the Senator from Oregon would like to dispense of this legislation but not nearly so much as I would.

Mr. McCAIN. I am glad to yield to my friend from Oregon.

Mr. McCAIN. Will the Senator repeat his question?

Mr. McCAIN. I thank the Senator from Oregon. The reality is that the original legislation as proposed by the Senator from Oregon had no grandfathering. It had no time limit. This legislation received overwhelming support both in the committee and, very frankly, throughout the country, and gradually, interestingly enough, many Governors who would experience, in the view of some, a loss of revenue came on board this legislation--the Governor of California, the Governor of Texas, the Governor of New York, and many other Governors, but practically every Governor of every major State. Along those lines, Mr. President, I ask unanimous consent that a letter from the distinguished Governor of Virginia, Mr. Gilmore, be printed in the Record.

Mr. McCAIN. Mr. Gilmore says: I am very pleased the Senate will soon vote on the Internet Tax Reform Act, S. 442. Not as pleased as I am. He says in his concluding paragraph: For these reasons, I urge the enactment of the Internet Tax Freedom Act this year and look forward to working with you and the Congress to ensure our Nation remains the undisputed leader in cutting edge technology industries. So another Governor and a very important one, the Governor of Virginia, has weighed in in favor of this legislation. I believe the fact that we were willing to agree to certain grandfathering provisions was very helpful in moving this process forward, but I also think that it made an argument for a 4-year moratorium. Again, when it came out of the committee, it was 6 years originally and now the Finance Committee reduced it to 2. We think that 4 years is obviously a reasonable compromise. So again I urge the 3-year moratorium advocates to come to the floor so we could have vigorous debate on that issue and a vote sometime around 4:45, with the agreement of the majority leader. Amendment No. 3727 (Purpose: To include legislative recommendations in the commission's report.)

Mr. McCAIN. Mr. President, I know of no opposition to the amendment 3727 by Senator Enzi, and I therefore call up the amendment and ask that it be adopted.

Mr. McCAIN. Mr. President, I urge adoption of the amendment.

Mr. McCAIN. Mr. President, I move to reconsider the vote.

Mr. McCAIN. I congratulate the Senator from Wyoming for his amendment. Amendment No. 3718, as modified (Purpose: To revise the definitions of the terms ``tax,'' ``telecommunications service,'' and ``tax on internet access,'' as used in the bill)

Mr. McCAIN. Mr. President, on behalf of myself, I send an amendment to the desk, No. 3718, as modified, and ask for its immediate consideration.

Mr. McCAIN. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. McCAIN. Mr. President, I urge adoption of the amendment.

Mr. McCAIN. As modified, 3718 as modified. I sent up a modified version.

Mr. McCAIN. Mr. President, while he is on the floor, I thank the Senator from Wyoming for his involvement in this issue. He won a significant victory. I believe that his knowledge of this issue and this technology is very helpful not only on this issue, but we will be addressing numerous other issues regarding these emerging technologies in the future and I appreciate his participation. We look forward to working with him. Mr. President, I yield the floor.

Mr. McCAIN

Mr. McCAIN. I further ask unanimous consent the nominations be confirmed, the motions to reconsider be laid upon the table, the President be immediately notified of the Senate's action, and the Senate then return to legislative session.

Mr. McCAIN. I ask unanimous consent that the Senate immediately proceed to executive session to consider the following nominations on the Executive Calendar: No. 816 and No. 817.

Mr. McCAIN

Mr. McCAIN. Mr. President, I ask unanimous consent the Senate now proceed to the consideration of Calendar No. 606, S. 2235.

Mr. McCAIN

Mr. McCAIN. Mr. President, I yield the floor.