[Congressional Record Volume 158, Number 27 (Friday, February 17, 2012)]
[Senate]
[Pages S888-S892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEGISLATIVE SESSION
The ACTING PRESIDENT pro tempore. The Senate will resume legislative
session.
The Senator from Montana.
Tax Relief And Job Creation Act--Conference Report
Mr. BAUCUS. Mr. President, I assume the next business is the vote on
the payroll bill. Before that, I will take 1 minute.
As we vote on this bill and prepare to go home, I ask you to remember
four numbers: No. 1, 160 million; that is the number of Americans who
are helped by this bill. The next number is 1,000; that is $1,000 that
each of those Americans is going to benefit by, by passage of the bill.
The next number is 13 million, which is the number of Americans who are
unemployed and would be dramatically helped by this bill. Finally, 48
million, which is the number of seniors in America who have doctors
take care of their health care needs.
Remember those four numbers and vote for this bill. Remember, the
other body passed this bill by a margin of 293 to 132, evenly split
between Republicans and Democrats. I urge passage of the bill.
Mr. President, there are a number of mistakes in the Joint
Explanatory Statement of the Committee of Conference on H.R. 3630
related to sections 7003 and 7004 and the current law description of
those sections:
No. 1, on page 36, in the paragraphs describing current law, the last
clause of the last sentence of the third paragraph should read:
A Senate point-of-order against emergency designations
under BBEDCA exists pursuant to section 511 of public law 112
78.
No. 2, on page 37, in the paragraphs describing the conference
substitute, the description of section 7003 should be deleted, and the
paragraph labeled Section 7004 should be re-designated as section
``Section 7003'' and should read:
Paygo Scorecard Estimates--The budgetary effects of this
Act shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act
of 2010.
Mr. ROCKEFELLER. On behalf of myself and Senator Baucus, I wish to
state that title VI of the conference report to H.R. 3630, the Middle
Class Tax Relief and Job Creation Act of 2012, contains landmark
bipartisan legislation that more than 10 years after 9/11 will provide
police, firefighters, and other first responders with a nationwide,
interoperable wireless broadband network for public safety. This
legislation will also help ease the Nation's growing spectrum shortage,
through the auction of new spectrum to commercial providers. Revenues
from these spectrum auctions will fund the public safety network--and
contribute $15.2 billion to the unemployment compensation fund.
Specifically, Title VI of the conference report provides $7 billion
in spectrum auction proceeds as well as D-Block spectrum worth $2.75
billion to develop a nationwide, interoperable wireless broadband
network for public safety officials through a new First Responder
Network Authority. The title also directs the Federal Communications
Commission, FCC, to auction underutilized spectrum and provides the
agency with authority to hold voluntary incentive auctions. These
auctions are expected to raise more than $25 billion in revenue. In
addition, the title authorizes the FCC to create guard bands in the
broadcast spectrum that can be used for innovative new unlicensed uses
like Super Wi-Fi. These efforts will help meet the growing spectrum
demands of smartphones and tablets. Moreover, investment in the
wireless economy is expected to create hundreds of thousands of new
jobs.
The title is based on bipartisan legislation developed by Senator
Rockefeller and Senator Hutchison, S. 911, and a comparable House bill,
H.R. 3630. The public safety provisions are based on the national model
first developed in S. 911, with some changes to ensure flexibility for
States. The spectrum auction provisions are based on the auction model
in H.R. 3630, with some changes regarding unlicensed spectrum and FCC
auction rules.
As to public safety provisions, title VI of the conference report
provides for the construction of a nationwide, interoperable public
safety wireless broadband network. It does this using the D-Block
spectrum, which is ideally located for fostering seamless communication
among first responders. It will allow them to take full advantage of
broadband functions in emergencies e.g., allowing firefighters to
download floor plans to see inside buildings before they enter. It also
will promote economies of scale and efficiencies from using the same
spectrum nationwide.
The title creates a First Responder Network Authority as an
independent entity within the National Telecommunications and
Information Administration, NTIA, and provides the Authority with $7
billion and a license to use the D-Block to build the nationwide public
safety network. To ensure efficiency, the title requires that the
Authority leverage existing commercial networks in construction. To
ensure national interoperability, the title also creates a technical
advisory board at the FCC to develop initial interoperability
standards. States that want to construct their own portion of the
National public safety network have the option to apply for Federal
grants to build and operate the radio access network in the State if
they can demonstrate to the FCC that the network will meet the
interoperability standards and to the NTIA that they have
[[Page S889]]
the resources and capability to provide comparable coverage and
security and the ability to maintain ongoing interoperability.
Unlike H.R. 3630, the title does not require public safety officials
to return the important 700 MHz narrowband spectrum to the FCC for
auction. Instead, it requires the return of a more limited amount of
spectrum currently used by public safety. This return of a portion of
the so-called ``T-Band'' spectrum occurs 11 years from the date of
enactment, and public safety relocation costs will be reimbursed from
any auction proceeds. This time frame provides an opportunity for
continued assessment of the viability of this transition--and its
impact on public safety communications.
The title also authorizes up to $300 million for critical public
safety research and development activities and promotes deployment of
Next Generation 9 1-1 services, which will complement the advanced
broadband capabilities of the public safety network by enabling the
delivery of voice, text, video, and other data to 9 1-1 call centers.
As to the spectrum auction provisions, the auction provisions in
Title VI of the conference report are largely the same as those in H.R.
3630, with two significant exceptions--the provisions relating to
unlicensed spectrum and FCC auction authority.
Unlicensed spectrum has been an engine of economic innovation and
growth. Today, unlicensed uses include Wi-Fi connections for laptops,
television remote controls, and cordless telephones. In the future,
unlicensed spectrum is expected to enable new forms of communication,
like Super Wi-Fi. The title advances this goal in three ways. First, it
gives the FCC the authority to preserve existing television white
spaces. Second, it gives the FCC the authority to optimize these white
spaces for unlicensed use by consolidating them into more optimal
configurations through band plans. Third, it gives the FCC the
authority to use part of the spectrum relinquished by television
broadcasters in the incentive auction to create nationwide guard bands
that can be used for unlicensed use, including in high value markets
that currently have little or no white spaces today. Nationwide,
unlicensed access to guard bands will enable innovation, promote
investment in new wireless services, and enhance the value of licensed
spectrum by protecting against harmful interference and allowing
carriers to off-load data to alleviate capacity concerns.
Under current law, the FCC has broad authority to craft auction rules
in the public interest. The agency has used this authority to ensure
that communications markets remain competitive. H.R. 3630 would have
restricted the FCC's future ability to limit participation in and set
rules for spectrum auctions. Title VI of the conference report modifies
this prohibition by expressly preserving the FCC's flexibility to
protect competition in the awarding of licenses, and to adopt auction
procedures and other rules of general applicability.
Mr. LEAHY. Mr. President, Congress has taken an important step today
to address the looming spectrum crunch that our country faces as well
as provide first responders with the nationwide network that they
undoubtedly need. From cell phones to WiFi to broadcast television and
radio, spectrum fuels some of the most critical technologies of the
modern age. Empowering the Federal Communications Commission to conduct
voluntary auctions in order to recover potentially underutilized
spectrum will ensure that the public airwaves are being put to the best
possible use. I am particularly pleased to see that this provision
contains language that will protect broadcast television stations along
the Canadian border.
A potential consequence of the spectrum auctions that Congress has
been considering is that the Federal Communications Commission may need
to ``repack'' or move certain television stations to new channels to
appropriately free up spectrum. This type of repacking occurred
following the transition to digital television and put some broadcast
stations in Vermont in the position of having to reduce power to avoid
interference with Canadian broadcast signals. Further repacking without
appropriate protection could have serious consequences for stations in
Vermont and elsewhere along the border. The language in the bill
Congress has passed today makes sure that repacking along our borders
is subject to international coordination with Canada and Mexico.
In January, I joined with the other members of Vermont's
Congressional delegation in sending a letter to Secretary of State
Clinton requesting that the State Department explore a new spectrum
coordination agreement with Canada. As Congress moves forward today
with approving spectrum auctions, I once again call for a new agreement
that will ensure adequate spectrum exists for repacking in Vermont and
elsewhere along the border. Broadcast television is critically
important to communities across this country, and the steps Congress
has taken today will make sure that residents relying on this free
service do not see significant disruptions due to a lack of
international coordination.
The voluntary spectrum auctions that Congress has approved today are
an important step in freeing up the airwaves for new and innovative
uses. The auction provision also ensures that public safety will
finally have a nationwide broadband network at its disposal, which was
a key recommendation of the 9/11 Commission. I am pleased that
stakeholders came together to craft a compromise that will help to spur
innovation, improve public safety, and preserve access to the free,
over-the-air television that is so important our communities.
Mr. LEVIN. Mr. President, I am pleased that today we can approve a
full-year extension of the payroll tax cut, important tax relief that
is focused on middle-class families who have suffered greatly during
the Great Recession, tax relief that will help continue the economic
recovery that appears to be under way and that we all hope will
strengthen in the months to come.
The controversy over how to offset the cost of this payroll tax
relief has twice now nearly derailed this important middle class tax
relief. I am glad that we have for the second time avoided such an
outcome. But my strong preference would be for our colleagues across
the aisle and across the Capitol to accept the reality that added
revenue must eventually be a part of our strategy here. Democrats have
offered common-sense solutions that would have allowed us to prevent a
tax increase on American families without adding to the deficit and
without damaging our economic recovery. Rather than take steps such as
ask for a small contribution from the wealthiest Americans--those with
annual incomes above $1 million--our Republican colleagues preferred to
add to the deficit. That is an unfortunate choice.
Just as important as the extension of middle-class tax relief in this
bill is the extension of emergency unemployment benefits. It is good
for Michigan and good for the Nation that we have rejected the approach
advocated by some, which would have slashed these important benefits.
Emergency jobless benefits have kept food on the table and shelter
overhead for millions of families across the country coping with the
loss of a job through no fault of their own. Beyond those families,
this funding has been an economic lifeline to communities hard-hit by
job losses, and it has been an important component in our economic
recovery.
I should note here that my own State cannot take full advantage of
this extension unless it reverses the decision of the Governor and
State Legislature to cut State benefits from 26 weeks to 20 weeks.
Because of this decision, from March through May of this year,
Michiganians who could be eligible for a total of 89 weeks of benefits
will be limited to 69 weeks. For a relatively small investment on the
State's part, we could make a major difference for Michigan families if
we reverse the State's cuts. I hope the Governor and Legislature will
reconsider their position.
The extension of the so-called ``doc fix'' to prevent major cuts in
Medicare reimbursements to health care providers is another important
part of this legislation. Year after year we find ourselves toying with
the idea of allowing drastic cuts to the providers who serve our
nation's elderly and most vulnerable. I am glad we again avoided this
outcome; however, we missed yet
[[Page S890]]
another important opportunity to fix this growing problem that becomes
more expensive the longer we wait to act.
In addition to supporting our nation's health care providers, this
bill includes a short-term extension of hospital wage index
reclassifications under Section 508 of the Medicare Modernization Act.
While I am disappointed we were unable to provide a long-term extension
of this provision--which helps remedy an inaccurate Medicare
classification--at least we were able to include a retroactive 4-month
extension for affected hospitals in my State. And while some of the
health care cuts used to pay for these extensions will be very
difficult to absorb, I am pleased we successfully pushed back against
the most draconian cuts to important safety net providers that House
Republican's included in their bill.
The legislation also authorizes the Federal Communications Commission
to hold incentive auctions to entice broadcasters to sell some of their
unused or underused spectrum to free up spectrum to meet growing demand
for wireless broadband technologies and also help public safety
officials build a national broadband network to improve communications
during emergencies.
Securing adequate spectrum for and building out a nationwide
interoperable public safety broadband network is an important public
policy goal that is overdue to be implemented as a recommendation of
the 9/11 Commission.
One issue related to these auctions of particular interest to me is
the uniqueness of our border states when it comes to spectrum signals.
Broadcasters, including those in Detroit, Flint, Traverse City, Grand
Rapids, and Lansing, have been concerned about potential interference
of signals along the border if spectrum allocations were modified from
the carefully negotiated existing signals. I am pleased that this has
been addressed by requiring that any reassignments of channels be
subject to special rules to avoid that interference.
Mr. KERRY. Mr. President, I am pleased that the conference committee
was able to reach agreement to provide critical tax relief for American
workers and to extend unemployment benefits for out-of-work Americans.
In a letter to conferees earlier this month, I urged the committee to
include a permanent repeal of Medicare's sustainable growth rate, SGR,
formula and offset the cost with savings from capping a portion of the
spending for overseas contingency operations, OCO, below amounts in the
Congressional Budget Office, CBO, baseline.
Every Medicare expert knows that the SGR formula is irreparably
flawed and needs to be repealed. If the conference committee was unable
to reach agreement, doctors serving Medicare beneficiaries would face a
27.4-percent cut on March 1.
While I am disappointed that conference committee was unable to
permanently repeal the SGR, I am grateful that they averted the latest
crisis by including a 10-month fix, freezing payments to physicians
through the end of the year.
However, the latest Medicare physician payment fix comes at a great
cost to hospitals, clinical laboratories, and preventive health
initiatives.
The conference report offsets the cost of the SGR with $9.6 billion
in Medicare cuts, $4 billion in Medicaid cuts, and $7.5 billion in cuts
from provisions in the Affordable Care Act, ACA.
Massachusetts hospitals and skilled nursing facilities will be
negatively impacted by the cuts to bad debt payments which reimburse
providers for beneficiaries' unpaid coinsurance and deductible amounts
after reasonable collection efforts. Because of this provision,
Massachusetts hospitals will be cut by approximately $94 million over
the next decade.
Clinical laboratories in Massachusetts will also bear
disproportionate cuts because of offsets in the conference report. They
will see their Medicare payments reduced by 2 percent in 2013 and will
see additional reductions in the future. There are over 630 medical
laboratories in Massachusetts, and I am concerned that these cuts will
delay or deny patient access to lifesaving and life-enhancing
innovative diagnostic tests.
The conference report substantially reduces funding for the
Prevention and Public Health Fund created in the Affordable Care Act by
$5 billion. Massachusetts supports public health funding solely from
grants and has received over $24 million in grants from the prevention
fund since enactment of health reform. Cuts to the prevention fund will
jeopardize preventive care initiatives throughout the State, including
a program by UMass School of Public Health and Health Sciences to
provide diabetes care trainings throughout western Massachusetts.
I am also disappointed that the conference report will eliminate the
extension of funds for section 508 hospitals on April 1, 2012. This
will cause approximately $4 to $7 million in annual cuts to Berkshire
Medical Center, the only section 508 hospital in Massachusetts.
However, I am supporting the conference report because it is
imperative for Congress to pass tax relief, extend unemployment
protections, and prevent damaging cuts to physicians. The Medicare
physician payment fix is particularly important to the Massachusetts
economy. One in five workers in Massachusetts is employed in health
care. Nearly 15 percent of my State's economy is based on health care.
This issue directly impacts 20,000 physicians, their 64,724 employees,
and every health care constituency which depends on Medicare, including
the 187,000 employees of Massachusetts hospitals.
I am concerned about a provision that was included in the conference
report that would increase by 2.3 percent retirement contributions for
some Federal employees. This provision will reduce pay for Federal
workers who have already been faced with a freeze in salary.
I look forward to working with my colleagues to permanently repealing
the SGR later this year.
Ms. MIKULSKI. Mr. President, I come to the floor today both volcanic
and flabbergasted. I am volcanic that this bill is not fully paid for
and that we are using permanent solutions to solve temporary problems.
And, I am flabbergasted that Republicans are more willing to protect
billionaires than keep our economy rolling and provide a safety net for
those going through tough times.
We are asked to make an impossible choice. I want to continue the
payroll tax holiday. I want to continue unemployment insurance. And I
want to stop a pay cut to doctors that care for the injured and infirm.
But I will be darned if I agree to pay for it by cutting payments to
hospitals that serve the poor and by asking civil servants to take it
on the chin when billionaires do not have to contribute a dime.
Republicans say they want to cut spending. They say they are serious
about reducing the deficit. But the only thing they are serious about
is protecting the pampered and prosperous. I will give you an example.
Continuing the payroll tax holiday costs about $100 billion. I want to
pay for it by cutting tax breaks for billionaires, tax breaks for oil
companies, and tax breaks for big agriculture. But Republicans do not
want to pay for it at all. The so-called party of fiscal discipline
wants to add $100 billion to the deficit before asking billionaires to
pay more. Some people might call that hypocrisy. I call it a sham.
This bill would block a 27% pay cut to doctors that care for the
injured and infirm. I support that but I would like to see a long-term
fix to this payment problem and not just a 10-month patch. To pay for
this temporary fix, the bill cuts $10 billion to hospitals that provide
care to the poor and Medicare patients. We ask doctors and hospitals to
care for the most vulnerable and then we say we would not pay the bill.
The bill also cuts funds for health prevention activities.
Republicans like to call it a ``slush fund.'' Since when did efforts to
combat our Nation's highest cost disease and conditions like diabetes,
Alzheimer's and heart disease become a ``slush fund''? The bill also
cuts laboratory services that diagnose illness. We are cutting the
``good-guy'' institutions to protect the checkbooks of the wealthy.
The bill also sticks it to civil servants who are already operating
under a 2-year pay freeze. Congress has already balanced the budget on
their backs and saved $60 billion over 10 years by freezing their pay.
Instead of asking billionaires to sacrifice once it asks more than 2
million middle class civil servants to pay more again. It leaves the
[[Page S891]]
hedge fund managers alone and takes from the GS 5 earning $30,000 a
year and the GS 7 earning $40,000.
Across the country there are 2 million civil servants who work for
300 million Americans every day with honesty, integrity and competency.
They keep our food safe, our environment clean, our communities
protected and our democracy stable. They are at our borders and
airports protecting our safety and at Social Security offices helping
seniors get their benefits. They are Nobel Prize winners, they create
private sector opportunities and they are the economic engine of
Maryland. Despite all of this, civil servants have been the target of
unending attacks. They have been downsized, furloughed and shut down.
They are enduring pay freezes and broken promises on retirement
security. Every great democracy needs a civil service. We have one but
we can not keep it if we keep up this toxic environment for our civil
servants.
I support a payroll tax holiday. I support extending Unemployment
Insurance and I support a long-term doc fix. But these items must be
paid for. We cannot let corporations and the wealthy walk away again
when the middle class gets stuck with the bill.
Mr. REED. Mr. President, the average Rhode Islander remains worried
about the economy and their future. There are some signs that offer
hope in the economy, but for too many, good news still eludes them.
Congress has the ability and the obligation to reinvigorate the
recovery, boost demand, and create jobs. Unfortunately, because of
Republican obstructionism, Congress has not been able to act and
produce the kind of results the American people and Rhode Islanders are
asking for, mainly more jobs. In fact, Republicans have manufactured
crises. Last summer they jeopardized the full faith and credit of the
United States by refusing to raise the debt ceiling, and in December,
they threatened to cut off jobless benefits to millions of out-of-work
Americans looking for a job and raised taxes on the middle class by not
extending the payroll tax cut.
Fortunately, this conference report avoids last-minute threats of
financial calamity or economic ruin. This compromise will continue the
payroll tax cut for 160 million working Americans and jobless benefits
for millions of unemployed individuals looking for work all through
2012.
What I find most disconcerting in the debate preceding this
conference report and the deal that we struck with Republicans is their
view of the reasons why Americans are out of work. As economists have
shown, Americans are out of work because of the weak economy and the
unwillingness by many in this body to do something about it.
Republicans believe that slashing the duration of unemployment
benefits will yield jobs. This is a view that is harmful to many in my
State. Republicans in the House would have cut benefits immediately
from its current maximum of 99 weeks, targeted towards the hardest hit
States, to 59 weeks. This would have hurt families and the economy. The
relatively small weekly UI benefit can be the difference between paying
rent and putting food on the table and ensuring the survival of local
businesses.
The White House, as part of a broad jobs plan, which was designed to
appreciably reduce the unemployment rate, also proposed to reduce the
maximum amount of jobless benefits from 99 to 79 weeks. This proposal
made sense as part of a broad package that would help Americans get
back to work. However, Republicans blocked that jobs package and
cherry-picked the 79 weeks from the President's proposal and presented
that as the Democratic starting point. I and my fellow Democrats during
negotiations stressed that existing law is 99 weeks; and, in fact,
under this conference report 99 weeks will continue for many States
through April and May. Democrats were able to ensure that the ultimate
reduction to 73 at the end of the year was gradual and that the maximum
aid continued flowing to the highest unemployment States.
Senate and House Democrats were also successful in including
important and commonsense reforms to the unemployment insurance system
that will bolster reemployment services for the unemployed. There is
also a key provision to help prevent the loss of jobs in the first
place. My work sharing legislation that was included in this bill will
provide $500 million to enhance and expand the use of a proven
initiative to help keep Americans on the job and provide employers with
a practical alternative to layoffs that is good for business. This
voluntary program has been very successful in Rhode Island, saving over
10,000 jobs. Economist Mark Zandi estimates that temporary financing of
work share offers a very high ``bang for the buck'' of $1.69. Work
sharing allows businesses to retain skilled workers, temporarily cut
costs, and maintain employee morale. It keeps people working while
receiving a share of unemployment benefits to make up for lost wages
and retaining health insurance and retirement benefits. This means
workers can continue to pay their mortgages and bills, provide for
their families, and support businesses in their local communities. More
than 20 States have adopted work-sharing initiatives. By including this
provision in the conference report, we are encouraging States with
existing layoff prevention systems to utilize them more frequently and
incentivizing States without work sharing to create them.
This compromise also improves work search requirements and helps
States recover benefit overpayments.
Importantly, we prevented Republican UI proposals that would have
required a GED to collect UI benefits; this proposal would have
disproportionately and unfairly harmed older workers. And, it could
have led to the denial of benefits, despite the efforts of the
unemployed worker, because access to a GED program was unavailable.
Republican efforts to cut adult education funding have and will
continue to limit access to these education services.
In addition, this conference report includes an agreement that will
create a critically needed nationwide wireless communications network
for public safety, while also allowing the Federal Government to
auction off portions of the wireless spectrum that it no longer needs.
I fought against language in the House bill that the Department of
Defense stated would be damaging to our Nation's defense capabilities
by forcing the Department to withdraw from certain portions of the
wireless spectrum that it currently uses. I am pleased that the
conference report does not include this language.
The compromise also ensures approximately 181,000 Rhode Islanders on
Medicare will continue to have access to health care services by
preventing a 27-percent cut in Medicare payments to doctors. And it
provides over $7 million for Rhode Island to help an estimated 4,000
parents and children every month through December retain their Medicaid
coverage as they transition to employment and increase their earnings.
While I am pleased that I helped prevent any benefit cuts to seniors
on Medicare and other low-income individuals and families to pay for
the extension of these health care programs, included in the proposal
offered by Republicans in the House, I am disappointed that the
compromise includes reductions in Medicare payments to hospitals,
nursing facilities, and clinical laboratories.
There was a better way to pay for this legislation. Congress could
have closed egregious corporate subsidies and made our tax system
fairer. Unfortunately, Republicans refused.
But overall, this compromise continues important policies that help
the middle class. But Congress still has much work to do to create jobs
and restore economic opportunity and fairness. I will continue to press
for passage of innovative job creation strategies to accelerate our
economic recovery.
The ACTING PRESIDENT pro tempore. The Republican leader.
Mr. McCONNELL. Mr. President, I yield back the time on this side.
The ACTING PRESIDENT pro tempore. The Senator from Montana.
Mr. BAUCUS. Mr. President, I ask unanimous consent that
notwithstanding lack of receipt of the papers from the House with
respect to the conference report to accompany H.R. 3630, the Senate
proceed to vote on adoption of the conference report, as provided under
the previous order.
The ACTING PRESIDENT pro tempore. Is there objection?
Without objection, it is so ordered.
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Mr. BAUCUS. I yield back all time.
The ACTING PRESIDENT pro tempore. All time having been yielded back,
the question is on agreeing to the conference report to accompany H.R.
3630.
Mr. BAUCUS. Mr. President, I request the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from New Mexico (Mr.
Bingaman) is necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Illinois (Mr. Kirk), the Senator from Kansas (Mr. Roberts), and
the Senator from Louisiana (Mr. Vitter).
The PRESIDING OFFICER (Mr. Pryor). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 60, nays 36, as follows:
[Rollcall Vote No. 22 Leg.]
YEAS--60
Akaka
Ayotte
Baucus
Begich
Bennet
Blumenthal
Boxer
Brown (MA)
Brown (OH)
Cantwell
Carper
Casey
Cochran
Collins
Conrad
Coons
Durbin
Feinstein
Franken
Gillibrand
Graham
Grassley
Hagan
Heller
Hoeven
Inouye
Johnson (SD)
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lugar
McCaskill
McConnell
Menendez
Merkley
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Rubio
Schumer
Shaheen
Snowe
Stabenow
Tester
Udall (CO)
Udall (NM)
Webb
Whitehouse
Wicker
Wyden
NAYS--36
Alexander
Barrasso
Blunt
Boozman
Burr
Cardin
Chambliss
Coats
Coburn
Corker
Cornyn
Crapo
DeMint
Enzi
Harkin
Hatch
Hutchison
Inhofe
Isakson
Johanns
Johnson (WI)
Kyl
Lee
Manchin
McCain
Mikulski
Moran
Paul
Portman
Risch
Sanders
Sessions
Shelby
Thune
Toomey
Warner
NOT VOTING--4
Bingaman
Kirk
Roberts
Vitter
The conference report was agreed to.
Mr. REID. Mr. President, I move to reconsider the vote.
Mr. BAUCUS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
____________________