[Congressional Record Volume 158, Number 36 (Tuesday, March 6, 2012)]
[Senate]
[Pages S1407-S1410]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY ACT

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of S. 1813, which the clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 1813) to reauthorize Federal-aid highway and 
     highway safety construction programs, and for other purposes.

  Pending:

       Reid amendment No. 1761, of a perfecting nature.
       Reid amendment No. 1762 (to amendment No. 1761), to change 
     the enactment date.
       Reid motion to recommit the bill to the Committee on 
     Environment and Public Works, with instructions, Reid 
     amendment No. 1763, to change the enactment date.
       Reid amendment No. 1764 (to (the instructions) amendment 
     No. 1763), of a perfecting nature.
       Reid amendment No. 1765 (to amendment No. 1764), of a 
     perfecting nature.

  The PRESIDING OFFICER. Under the previous order, the time until 12 
noon will be equally divided and controlled between the two sides, with 
the final 10 minutes equally divided and controlled by the two leaders 
or their designees, with the majority leader controlling the final 5 
minutes.
  The Senator from California.
  Mrs. BOXER. Mr. President, we are back in our fourth week trying to 
get a transportation bill through this body. To me, it is a very sad 
statement about the dysfunction of this body that we spent 
approximately 3 weeks dithering over a contraception amendment that has 
nothing to do with the highway bill and other threats to offer foreign 
policy amendments, and so on.
  We have a chance today to vote to end this dithering, and the Chamber 
of Commerce is asking us to do that. The AFL CIO is asking us to do 
that. One thousand organizations are asking us to do that because they 
know thousands of businesses and well over 1 million jobs are at stake.
  I wish to say I heard the tail end of Senator Boozman's talk about 
the Keystone Pipeline. I wanted to make sure it was on the record--this 
is from a conversation I had with Senator Durbin--that under this 
President we are drilling now more than we have ever drilled. Anyone 
who says ``drill, baby, drill'' doesn't understand that the number of 
rigs that are now moving are four times as many as in 2008. They don't 
understand we are now exporting oil. They don't understand the fact 
that we are importing less. Does that mean we are done? No. The oil 
companies have more than 50 million acres of approved leases. They 
ought to drill there and hands off my coast because my coast is an 
economic gold mine the way it is because we have tourism and recreation 
and fishing. Those jobs far outweigh any jobs that would come from oil 
drilling, which would tend to undermine the very economy of my great 
State. If we have to vote on Keystone, we will. If we have to vote on 
offshore drilling, we will. But I will be here to point out that if we 
care about jobs and about making sure the price of gasoline goes down, 
when we have Keystone, let's make sure the oil stays here, that oil is 
made in America and stays in America. These issues are not one-
dimensional; they are many sided, as my friend knows. He and I have 
agreed on much and we have disagreed on some.
  What we need is the kind of balance President Obama brings to the 
table when it comes to energy. He says we will do ``all of the above,'' 
but we will do it wisely. Interestingly, on the Keystone Pipeline--we 
now have the tea party talking about property rights and the fact that 
they have to be respected as well when we build a new pipeline such as 
this. So we will have votes.
  May I make a plea to my colleagues. At noon, just about 50 minutes 
from now, we can have a clean vote; 60 of us can vote to move to this 
Transportation bill, to get rid of, as my friend Olympia Snowe has 
said, polarizing amendments. Why not move to something that was voted 
unanimously out of our committee, 18 to zero--Republicans and 
Democrats, all together; Senator Inhofe and myself, together; Senator 
Shelby and Senator Johnson, together on the bill; Senator Baucus, 
working in a bipartisan way with his committee; and Senator 
Rockefeller, once they got rid of some bumps, working with Senator 
Hutchison. We now have pending an agreed-upon bill, plus we have added 
to the package 37 bipartisan amendments.
  What more do my friends want? We have a bipartisan bill. We have 
added more bipartisan amendments to it. All these jobs are at stake, 
and today we can end all this dithering and wasting time. The people of 
America look at us and wonder what we are about. Vote yes for cloture.
  I wish to talk about what is at stake if we don't invoke cloture and 
don't wind up with a bill. That is not just hyperbole; these are facts. 
All our transportation programs expire on March 31.
  My friend in the chair served as a great Governor of his State of 
West Virginia. He knows how important the highway bill is. We work 
together with the States and with the planning organizations, and we 
get those funds out there. On March 31, we are done. This bill 
reauthorizes that program, and 1.8 million jobs are at stake. As soon 
as we fail, there is no more program. There is no more authority to 
collect the Federal gas tax that supports the highway program. There is 
no more authority to spend any money on transportation.

  Again, 1.8 million jobs are at stake. Let's go to the next chart. I 
did a breakdown of the various States. In this time, I am going to 
highlight a few of the States. These charts will be available for 
everybody.
  In Alabama, we are talking about only 27,000 jobs; in Alaska, 18,000 
jobs--I am skipping; in California, 164,000 jobs; in Florida, 76,000 
jobs; right here in DC, 18,000 jobs; in Georgia, almost 50,000 jobs; in 
Illinois, 65,000; in Indiana, 34,000; in Iowa, 17,000; in Louisiana, 
25,000; in Maine, almost 7,000.
  We will go on and give the rest of the States to give a sense of how 
many jobs will be lost if we do not act to reauthorize this bill.
  In Maryland, 26,000 jobs; in Massachusetts, 31,000; in Michigan, 
39,000; in Montana, almost 14,000; in Nebraska, 10,000; in Nevada, 
almost 14,000 jobs; in New Jersey, 50,000; in New York, 118,000; in 
North Dakota, 8,000; in Ohio, 50,000; in Oklahoma, 22,000; in 
Pennsylvania, 68,000; in Rhode Island, 8,000.
  I will continue with another chart to show other examples. I will be 
sure to say what West Virginia is when I get to the Ws. In South 
Carolina, 22,000; in South Dakota, 9,000; in Tennessee, 30,000; in 
Texas, 128,000 jobs.
  I call on Senators to vote yes to stop debate and get to the bill.
  In Vermont, almost 7,000; in Virginia, 41,000; in Washington State, 
34,000; in West Virginia, 15,133 jobs; in Wisconsin, 27,000; in 
Wyoming, 8,400 jobs.
  When we talk about this as a jobs bill, this isn't some exercise in 
our verbiage; this is a fact of life. These jobs add up to 1.8 million. 
In our bipartisan bill, we have increased a particular program--this is 
a reform bill, and we have taken 90 programs down to 30. It

[[Page S1408]]

is a real reform bill. We have done away with every earmark. One 
particular program we increased is the TIFIA Program, transportation 
infrastructure financing. We took it up to $1 billion because it 
leverages Federal dollars 30 times. So let's say one of our counties 
voted to tax themselves one-half cent to build a transit system. We 
would come in--and the Federal Government, you make an application from 
your State and we would front that money. So you could build it all in 
1 or 2 years instead of waiting for the funding over 10. This was an 
idea that came from Mayor Antonio Villaraigosa and the Chamber of 
Commerce and the labor unions in Los Angeles.

  So the bottom line here is not only are we saving 1.8 million jobs, 
but we have the potential of creating another 1 million jobs. If we 
fail today to cut off debate and we don't have a path forward--which I 
hope the leaders will figure out--if we abandon this, 2.8 million jobs 
are at stake.
  Let's look at some other charts of unemployment. Mr. President, you 
know as well as anyone in your State, and I know in my State, that 
construction workers have been hit very hard. The national unemployment 
rate is 8.3 percent. We are hopeful it is on the downtick, but the 
construction industry unemployment rate as a whole is 17.7 percent. It 
could be even worse in some areas, but this is an average. So if we add 
to the unemployment in the construction industry, we are looking at a 
total crisis, a total disaster. Right now, we have 1.48 million 
construction workers out of work. If we fail to do this bill, we are 
adding another 1.8 million. So you could say this would be a depression 
for construction workers.
  It doesn't stop there. The industry is feeling it, the businesses are 
feeling it, and we have a chart that talks about the thousands of 
businesses that would be affected. I don't know if you are aware of 
this, but there are over 11,000 transportation construction companies 
that would be adversely impacted by a shutdown on March 31. So in 
addition to the 1.8 million workers who would be laid off, 11,000 
transportation construction companies--many of them--would have to shut 
their doors. And that is a very modest number.
  Let me show a picture that I often show when speaking of the 
construction workers. I am sure you are a Super Bowl fan--we all are, 
Mr. President--and this is a picture of a stadium during the Super 
Bowl. Every seat there, about 100,000 seats, is filled. Imagine every 
one of these seats filled with an unemployed construction worker, and 
then close your eyes and envision 14 more of these stadiums filled with 
unemployed construction workers. That is where we are today. Then you 
would have to envision another 25 or 30 of those. We cannot afford to 
go down this road. So today, let's vote ``aye'' for cloture.
  The last thing I want to show is the strong support for this cloture 
vote. We received this yesterday from the U.S. Chamber of Commerce. The 
Chamber of Commerce:
  . . . strongly supports this important legislation. Passing surface 
transportation reauthorization legislation is a specific action 
Congress and the administration can take right now to support job 
growth and economic productivity without adding to the deficit.
  Because, as you know, this bill is 100 percent paid for. We also have 
a history-making group of organizations supporting this, and I will 
give you a sense of that as well. We have a coalition of 1,075 
organizations from all 50 States. They sent us a letter on January 25, 
2012, and they said:

       In 2011, political leaders--Republican and Democrat, House, 
     Senate and the administration--stated a multi-year surface 
     transportation bill is important for job creation and 
     economic recovery. We urge you to follow words with action.

  I want to repeat that: We urge you to follow words with action.
  Continuing the quote:

       Make transportation job #1 and move immediately in the 
     House and Senate to invest in the roads, bridges [and] 
     transit systems that are the backbone of the U.S. Economy, 
     its businesses, large and small, and communities of all 
     sizes.

  They didn't ask us to take up the Keystone Pipeline, they didn't ask 
us to take up repealing clean air laws, they didn't ask us to take up 
drilling off the coast, and they didn't ask us to take up 
contraception. They didn't. They asked us to take up this 
transportation bill. And I am saying to colleagues, please, you have 
had 3 weeks to discuss contraception. We disposed of it. We voted. It 
is okay. It is tabled. Let's move on. There are other days we can talk 
about that but not when we are dealing with building the highways and 
bridges.
  You know, the state of our highways and transportation system is not 
what it should be, with 70,000 bridges deficient. Bridges are falling 
down. Senator Inhofe is eloquent on the point about a woman taking a 
walk and having a piece of bridge fall on her and she died. We have 
seen what happened in Minnesota when bridges start to fall into 
disrepair.
  When I was growing up, my parents always taught me be responsible--be 
responsible. I am not always living up to their expectations, but I 
try. And if somebody tells me there is a problem over here, I try to 
fix it. So when I hear that 70,000 bridges are in trouble and they are 
deficient, and 50 percent of our roads are not up to standard--I now 
know this information. If I were ignorant and I didn't know it, that 
would be one thing. But I now know it--how can I turn my back on this 
bill? I know how many unemployed construction workers there are. How 
can I turn my back on them? I know businesses--whether it is gravel 
companies or cement companies or general contractors--are begging us to 
do this. These are Republican-leaning groups along with labor and 
Democratic-leaning groups. Bridges are not partisan. Roads are not 
partisan.
  This is our moment. We can vote yes on cloture. What does that mean? 
It means we are not going to debate these very difficult, inflammatory 
amendments, but we are going to stick to the highway bill, stick to the 
transportation bill. This vote is a very important vote for folks 
because I think if you don't vote to move to the bill and you vote to 
prolong this debate, you have to answer to your folks back home and 
tell them why you are playing Russian roulette with the highway bill, 
because on March 31 it all stops.
  It is true in the past we have had extensions. This is different than 
usual because the trust fund is short of funds, so you can't just 
extend. If you extend, there is a price to be paid. Because the trust 
fund doesn't have the funds it needs--which is repaired in this bill--
you would have an immediate cut of a third--a third--right there, which 
means 500,000 jobs, if you did an extension. We don't want that. We 
want a bill that is a reform bill, that takes this from 90 programs to 
30, that uses leveraging in a smart way, and that is totally 
bipartisan.
  Let me sum up. In a few minutes we will be voting, and let me say to 
my friends again, you have all the facts at hand. If you don't know 
what your State job loss would be if we fail to act, we have that. We 
will give it to you. But there is no way you can run away from what you 
know.
  We had 85 votes to proceed to this bill. That was a long time ago. It 
seems like ages ago. Yet we can't get off dead center because people 
are offering unrelated amendments. So my hope is we will get to 60. My 
hope is we can, in short order, get this bill done and send a message 
of hope to the people.
  I heard just now that Speaker Boehner has said he is very interested 
in the Senate bill; that he is going to take a look at the Senate bill 
because, at this point, they haven't been able to get a bill that they 
feel has a chance. This bill, I would reiterate for America, is 
bipartisan, the most bipartisan bill I have ever seen around here, and 
it unites people who fight and argue on everything else. When Inhofe 
and Boxer agree on something, you know that is a real good compromise. 
And we do agree. When Vitter and Baucus come in and agree on the same 
thing that Inhofe and Boxer have agreed to, it is a good day around 
here. And that is what we have before us.
  So I call on colleagues to vote aye on the cloture vote and let's get 
on with this. Let's spare the people the untold suffering that will 
come if we have to lay off 1.8 million workers and hurt more than 
11,000 businesses.
  I thank the Chair, I yield the floor, and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.

[[Page S1409]]

  Mrs. BOXER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. Mr. President, I ask unanimous consent that the time 
during these quorum calls be charged to both sides equally.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Tester). Without objection, it is so 
ordered.
  Mr. REID. We appreciate everyone's patience. The Republican leader 
and I wanted to come and say a few words. The measure before the Senate 
today is moderate bipartisan legislation. Its four component parts were 
reported out of four different committees with bipartisan support. 
Eighty-five Senators voted to begin debate on this legislation. As 
everyone will remember, we had to file cloture on a motion to proceed 
to this bill, and the Senate agreed we should move forward on this 
legislation.
  This bill will create or save 3 million middle-class jobs, and it 
enjoys broad support among rank-and-file members. Over 1,000 different 
organizations support this legislation--from the Chamber of Commerce, 
to the AFL CIO, and AAA. It has the endorsement of one of the Senate's 
most conservative Members and one of its most liberal Members, the two 
main managers of this legislation. Democrats and Republicans have 
agreed additionally to 30 other germane and relevant amendments, so 
there should be nothing standing in the way of progress on this crucial 
legislation. Yet for weeks Republicans have refused to work with 
Democrats to finalize a path forward. So in a few moments the Senate 
will vote on whether to end debate on this measure and to end another 
filibuster.
  The bill before this body is a bill that has been generated by the 
Environment and Public Works Committee. We have a provision in it from 
the Commerce Committee, the Finance Committee, and the Banking 
Committee that is before this body. But in addition to that, we have 37 
amendments that are part of this measure that is before the body.
  If we did nothing else but invoked cloture on this legislation and 
passed it and sent it to the House where we would have a conference, we 
would be way ahead because this bipartisan piece of legislation would 
help the American people save millions of jobs.
  It is hard to comprehend that I had to file cloture on such a 
bipartisan bill, a measure Republican President Eisenhower and 
Democratic President Clinton could have agreed on and would have agreed 
on. Forty years after President Eisenhower won passage of the first 
highway bill, President Clinton said the law had succeeded in bringing 
Americans closer to each other. President Clinton said:

       We were connected city-to-city, town-to-town, family-to-
     family, as we had never been before. That law did more to 
     bring Americans together than any other law in this century.

  That was said by Bill Clinton, but it was almost a copy of what 
President Eisenhower said in his memoir about the most important thing 
he did as President of the United States was this piece of legislation, 
and that says a lot coming from President Eisenhower.
  I had great optimism that the transportation legislation before the 
Senate today would bring our two parties closer together as the 
interstate highways brought the American people closer together in the 
1950s, 1960s, and 1970s. So it is disappointing that the Republican 
leadership would jeopardize this legislation and 3 million American 
jobs to pursue this ideological agenda.
  I am hopeful the Senate will vote to move this much needed jobs 
legislation forward. Only seven Republicans are needed to allow us to 
do this. Only 7 of the 47 have to join us and move forward, but it 
seems more likely that my Republican colleagues will continue to take 
orders from the tea party and filibuster this jobs measure. Republicans 
are quite plainly holding up the surface transportation bill when they 
vote against cloture. That is what ``cloture'' means; it means the 
Senate agrees we need to focus on the germane amendments and bring 
endless debate to a close.
  Senate Republican leaders are taking a page out of the book of the 
carnival magician. They have been saying since February 9: Look over 
here; look over here. They have been insisting on votes on 
contraception, on loosening clean water standards, and on drilling for 
oil pretty much anywhere there is water. But as the carnival magician 
says: Look over here, there is no need to look over there because it is 
just an effort to divert attention from what is really happening. No 
one should be fooled by what is going on here.
  A vote against cloture is a vote against moving forward on this very 
important bipartisan legislation, and that is true no matter what 
diversions anyone might use to try to distract attention from this very 
important piece of legislation that is now ours to move forward on.
  The PRESIDING OFFICER. The Republican leader is recognized.
  Mr. McCONNELL. Mr. President, as the majority leader indicated, we 
have had a number of very constructive conversations about reaching an 
agreement on voting on both germane and nongermane amendments to this 
bill. I think we are very close to getting there. My concern is that if 
cloture is invoked right now, we would not get an agreement, and 
amendments that we are very close to agreeing to have considered on 
both sides--the amendments that are sought to be offered are not just 
on the Republican side but on the Democratic side as well--will end up 
being shut out.
  If we were not so close, I might have a different view, but we are 
very close to getting an agreement. If we invoke cloture right now, 
that agreement will not come together.
  So I would encourage a ``no'' vote--not to stop the bill. This is a 
bill that is not going to be stopped. It has broad bipartisan support. 
Senator Boxer and Senator Inhofe have worked very hard on this 
legislation, and we anticipate being able to wrap it up.
  But just to underscore where we are, I have indicated I would like to 
offer a unanimous consent agreement that kind of summarizes where I 
think we are.
  I would ask unanimous consent that the pending Reid amendment be 
withdrawn, that it be in order to offer a new perfecting amendment 
cleared by both leaders which contains the three titles; further, that 
the following nonrelevant amendments be in order to S. 1813, and they 
be subject to the 60-vote affirmative threshold; Senator Collins No. 
1660, Boiler MACT; Senator Vitter No. 1535, OCS; Wyden side-by-side 
relevant to Hoeven No. 1537; Hoeven No. 1537 related to the Keystone 
Pipeline; Levin amendment on offshore tax havens; McConnell or designee 
relevant to Levin amendment; a Cantwell amendment on energy tax 
extenders; a McConnell or designee amendment relevant to the Cantwell 
amendment; Menendez amendment on natural gas; and a Coburn amendment, 
No. 1738, on duplication.

  I further ask unanimous consent that the following highway-related 
amendments also be in order: DeMint No. 1756; Coats No. 1517; Blunt No. 
1540; Paul No. 1556; Portman No. 1736; Portman No. 1742; Corker No. 
1785; Corker, on highway trust fund, No. 1786; Hutchison No. 1568; 
McCain No. 1669; and 10 highway-related amendments to be offered by the 
majority leader or his designee.
  I further ask unanimous consent that following the disposition of the 
above-listed amendments and the managers' package of amendments to be 
cleared by both managers of the bill, the bill be read a third time and 
the Senate proceed to vote on passage of the bill, as amended.
  Finally, I ask unanimous consent that following passage of S. 1813, 
the bill be held at the desk and that when the Senate receives the 
companion measure from the House, the Senate proceed to its immediate 
consideration, all after the enacting clause be stricken, the text of 
S. 1813 as passed be inserted in lieu thereof; that the bill then be 
read three times and passed, the Senate insist on its amendment, 
request a conference with the House, and

[[Page S1410]]

the Chair be authorized to appoint conferees on the part of the Senate 
with a ratio agreed to with the concurrence of both leaders.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. Reserving the right to object.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. I don't know why everything we do has to be a fight--not a 
disagreement, a fight. This bill was brought up on February 7, and we 
have been spending the better part of a month dealing with 
contraception--by the way, an amendment I had to offer because they 
wouldn't bring it up so we could vote on it.
  My math says this agreement that has been suggested by the Republican 
leader calls for 34 amendments. I understand and I appreciate that some 
of them are related to what is in this bill--some of them are. As I 
indicated earlier, we have been dealing with contraception. There are 
amendments dealing with clean water standards and clean air standards. 
Nothing in this bill should deal with America having to breathe more 
mercury, more lead, and then, just for good measure, how about some 
arsenic? That has nothing to do with the highway bill.
  As I said before, the amendment I looked at from my friend from 
Louisiana calls for drilling for oil anyplace there is water. Next they 
will be going to Lake Mead outside Las Vegas. We are producing more 
domestic oil now than in decades. The President has opened areas in 
Alaska that have never been opened before.
  Why can't we just invoke cloture on this bill and move forward on it? 
It is not easy to get to conference--we know that--but we could go to 
conference. The House is doing its best to come up with a bill. They 
are struggling hard.
  On the first day of April, it will be April Fools' Day for a lot of 
people in America because we will lose almost 800,000 jobs on April 1. 
It will be a real April Fools' Day. So if we can't move forward on 
this--why can't we get seven Republicans to break from the pack over 
here and say that not everything we do has to be an arm-wrestling 
contest?
  I appreciate that we at least have something in writing. I appreciate 
that. I will take a look at it, but I object.
  The PRESIDING OFFICER. Objection is heard.
  The Republican leader.
  Mr. McCONNELL. Mr. President, not to continue to debate much further, 
but I would point out that there are demands for amendments on both 
sides here. We are very close to getting an agreement. I think a ``no'' 
vote on cloture is not the end of this bill but the beginning. It gives 
us an opportunity to go on and wrap up discussions that have been going 
on entirely too long, it seems to me, and I know the majority leader 
has been frustrated by it, and so have I. But we are very close to 
getting agreement on a list of amendments, and we should be able to 
finish this bill by the end of the week.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Mr. President, I am, for lack of a better word, 
disappointed. These amendments are going to do nothing to advance the 
work product of almost 3 million Americans--none of them.
  We should invoke cloture. I ask my Republican colleagues: Break this 
impasse. Do something that is good for the American people. Invoke 
cloture and stop the filibuster--another one.


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order and pursuant to rule 
XXII, the Chair lays before the Senate the pending cloture motion, 
which the clerk will report.
  The bill clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the Reid amendment 
     No. 1761 to S. 1813, a bill to reauthorize Federal-aid 
     highway and highway safety construction programs, and for 
     other purposes.
         Harry Reid, Barbara Boxer, Christopher A. Coons, Robert 
           P. Casey, Jr., Tom Harkin, Mark Udall, Richard 
           Blumenthal, Debbie Stabenow, Patrick J. Leahy, Herb 
           Kohl, Frank R. Lautenberg, Max Baucus, Tom Udall, Kent 
           Conrad, Robert Menendez, Kirsten E. Gillibrand, Jeff 
           Bingaman.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on 
amendment No. 1761, offered by the Senator from Nevada, Mr. Reid, to S. 
1813, a bill to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes, shall be brought to a 
close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Alaska (Mr. Begich) and 
the Senator from Vermont (Mr. Leahy) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Vermont (Mr. Leahy) would vote ``yea.''
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Illinois (Mr. Kirk) and the Senator from Nevada (Mr. Heller).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 52, nays 44, as follows:

                      [Rollcall Vote No. 25 Leg.]

                                YEAS--52

     Akaka
     Baucus
     Bennet
     Bingaman
     Blumenthal
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Inouye
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Levin
     Lieberman
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--44

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Corker
     Cornyn
     Crapo
     DeMint
     Enzi
     Graham
     Grassley
     Hatch
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lee
     Lugar
     McCain
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Reid
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Snowe
     Thune
     Toomey
     Vitter
     Wicker

                             NOT VOTING--4

     Begich
     Heller
     Kirk
     Leahy
  The PRESIDING OFFICER. On this vote, the yeas are 52, the nays are 
44. Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected.
  Mr. REID. Mr. President, I enter a motion to reconsider the vote by 
which cloture was not invoked on the Reid amendment.
  The PRESIDING OFFICER. The motion is entered.
  Mr. REID. Mr. President, I ask unanimous consent that the cloture 
vote with respect to the underlying bill be vitiated.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. I thank the Chair.

                          ____________________