[Congressional Record (Bound Edition), Volume 154 (2008), Part 10]
[Senate]
[Pages 14722-14724]
[From the U.S. Government Publishing Office, www.gpo.gov]




 TOM LANTOS AND HENRY J. HYDE UNITED STATES GLOBAL LEADERSHIP AGAINST 
HIV/AIDS, TUBERCULOSIS, AND MALARIA REAUTHORIZATION ACT OF 2008--MOTION 
                          TO PROCEED--Resumed

  The PRESIDING OFFICER. Under the previous order, the clerk will 
report the motion to invoke cloture.
  Mr. REID addressed the Chair.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. REID. Mr. President, I and a number of people have spoken on the 
floor about the African HIV/AIDS bill many times, including a number of 
speeches earlier today. This legislation demonstrates our commitment to 
helping African nations fight the terrible scourge of HIV/AIDS that is 
now taking approximately 8,000 lives every day on the African 
Continent. President Bush called on this Congress to invest in this 
initiative in 2003, and we worked hand-in-hand with the White House to 
pass this into law.
  Now is the time to continue our commitment to this worthy cause. An 
overwhelming majority of Democrats and Republicans along with the 
President supported this legislation. I believe this bill should have 
been passed weeks ago by unanimous consent. I recognize that a very 
small number of Republicans have continued to object, and we worked 
hard to reach a compromise and move forward.
  Senators Lugar and Biden have done a wonderful job. The concerns 
among some Republicans have been addressed in this bill. Senators Biden 
and Lugar negotiated a bipartisan substitute amendment that added more 
than 15 Republican amendments to this base bill which itself was a 
bipartisan bill.
  Last night, we agreed to have votes on numerous Republican amendments 
that were relevant to the bill. Unfortunately, my friends on the other 
side

[[Page 14723]]

continue to object, which is why we are here today--principally one 
objection.
  Today, we are going to propose a unanimous-consent agreement that 
would allow 10 Republican amendments, including amendments from 
Senators Gregg, DeMint, Cornyn, Bunning----
  Mr. CARPER. Mr. President, the Senate is not in order.
  The PRESIDING OFFICER. The Senate will be in order.
  Mr. REID. I think the Republican leader and virtually every single 
Senator would agree that we have negotiated in good faith and reached a 
fair agreement. Not a single Senator can legitimately claim that they 
were not given fair consideration, and we allowed 10 Republican 
amendments in addition to the Republican amendments there are in the 
bipartisan substitute.
  After weeks of delay, I hoped we could move forward with this 
agreement to finally pass the legislation that all but a handful of 
Senators strongly support.
  Mr. President, I ask unanimous consent that upon disposition of the 
House message to accompany H.R. 3221, the Senate proceed to vote on the 
motion to invoke cloture on the motion to proceed to S. 2731, Global 
AIDS legislation; that if cloture is invoked on the motion to proceed, 
then on Monday, July 14, after a period of morning business, all 
postcloture time be deemed expired, the motion to proceed be agreed to, 
and the motion to reconsider be laid upon the table, and that the 
Senate then begin consideration of the bill; that once the bill is 
reported, the committee-reported substitute amendment be withdrawn, and 
Senator Biden be recognized to offer the Biden-Lugar managers' 
substitute amendment; that the Biden-Lugar amendment be considered and 
agreed to, and the bill as thus amended be considered as original text 
for the purpose of further amendments; that the only first-degree 
amendments be those that are listed in this agreement, with relevant 
second-degree amendments in order to the first degree to which offered; 
that in the case where a 60-affirmative-vote threshold on adoption of 
an amendment is required, if the amendment does not achieve that 
threshold, then it be withdrawn; if it achieves that threshold, then it 
be agreed to and the motion to reconsider be laid upon the table; that 
the provisions of this agreement relating to the amendments in order 
would be invalidated if the text of the amendments have not been 
provided to the bill managers no later than 2 p.m., Monday, July 14, 
and the managers acting jointly have notified the leaders by 3 p.m., 
Monday, July 14, that there are no objections; that if the managers and 
leader, acting jointly, determine that a side-by-side amendment 
strategy is the appropriate approach for the listed amendments, then it 
be in order for side-by-side amendments, with the majority getting the 
first vote on any side-by-side amendments.
  The amendments are: Gregg amendment re: Establish an IG within Global 
AIDS office; Gregg amendment re: Include cost share agreements; DeMint 
amendment re: Reduce spending authorization to $35 billion; DeMint 
amendment re: Prohibit fund use for extraneous provisions, subject to a 
60-affirmative-vote threshold; Cornyn amendment re: Sunset commission; 
Bunning amendment re: Reauthorization current law; Kyl amendment re: 
Specify authorization level for last year will be $10 billion; Vitter 
amendment re: IG for contributions to Global Fund; Sessions amendment 
re: Strike lifting ban on visas for individuals with HIV/AIDS, subject 
to an affirmative 60-vote threshold; Thune/Kyl amendment re: Cut AIDS 
funding/devote to Indian law enforcement or safe drinking water, 
subject to an affirmative 60-vote threshold.
  Provided that upon disposition of all amendments, the bill, as 
amended, be read a third time, and the Foreign Relations Committee then 
be discharged from further consideration of H.R. 5501, the House 
companion, and the Senate then proceed to its consideration; that all 
after the enacting clause be stricken and the text of S. 2731, as 
amended, if amended, be inserted in lieu thereof, the bill be advanced 
to third reading, and the Senate then proceed to vote on passage of 
H.R. 5501, as amended; that upon passage of H.R. 5501, S. 2731 be 
returned to the calendar; provided further that if cloture is not 
invoked, and upon reconsideration of the cloture vote, and cloture is 
then invoked, then all postcloture time be considered as having been 
yielded back, the motion to proceed be agreed to, and the motion to 
reconsider be laid upon the table, and the Senate then begin 
consideration of the bill; that once reported, the committee-reported 
substitute be withdrawn, without further intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  Mr. MENENDEZ. Mr. President, I do not intend to object. Can you tell 
me whether, to your knowledge, the rules require the objecting Senator 
to be present? I understand on the last vote, which also had an 
objection, that the objecting Senator did not cast a vote.
  Mr. REID. Thank you. I wanted to say this. The reason that we are 
here today and not working on other business is one Senator held this 
up, and so this vote is required. That Senator is not here today. So 
that pretty well answers the question.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order, the clerk will 
report the motion to invoke cloture.
  The legislative 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, 
     do hereby move to bring to a close debate on the motion to 
     proceed to Calendar No. 698, S. 2731, the Lantos-Hyde U.S. 
     Global Leadership Against HIV/AIDS, Tuberculosis and Malaria 
     Act:
         Harry Reid, Joseph R. Biden, Jr., Barbara A. Mikulski, 
           Charles E. Schumer, Christopher J. Dodd, Debbie 
           Stabenow, Maria Cantwell, Byron L. Dorgan, Richard 
           Durbin, Patrick J. Leahy, Bernard Sanders, Benjamin L. 
           Cardin, Jack Reed, John F. Kerry, Patty Murray, Jon 
           Tester, Thomas R. Carper.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call is waived.
  The question is, Is it the sense of the Senate that debate on the 
motion to proceed to S. 2731, a bill to authorize appropriations for 
fiscal years 2009 through 2013 to provide assistance to foreign 
countries to combat HIV/AIDS, tuberculosis, and malaria, 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 assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from Massachusetts (Mr. Kennedy), the Senator from 
Louisiana (Ms. Landrieu), the Senator from Vermont (Mr. Leahy), the 
Senator from Missouri (Mrs. McCaskill), the Senator from Washington 
(Mrs. Murray), the Senator from Nebraska (Mr. Nelson), the Senator from 
Illinois (Mr. Obama), the Senator from Michigan (Ms. Stabenow), and the 
Senator from Montana (Mr. Tester) 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 Tennessee (Mr. Alexander), the Senator from Colorado (Mr. Allard), 
the Senator from Missouri (Mr. Bond), the Senator from Kentucky (Mr. 
Bunning), the Senator from Georgia (Mr. Chambliss), the Senator from 
Oklahoma (Mr. Coburn), the Senator from Minnesota (Mr. Coleman), the 
Senator from Tennessee (Mr. Corker), the Senator from Texas (Mr. 
Cornyn), the Senator from Idaho (Mr. Craig), the Senator from South 
Carolina (Mr. DeMint), the Senator from Nevada (Mr. Ensign), the 
Senator from New Hampshire (Mr. Gregg), the Senator from Nebraska (Mr. 
Hagel), the Senator from Texas (Mrs. Hutchison), the Senator from 
Oklahoma (Mr. Inhofe), the Senator from Florida (Mr. Martinez), the 
Senator from Arizona (Mr. McCain), the Senator from Alaska (Ms. 
Murkowski), the Senator from Alabama (Mr. Shelby), the Senator from

[[Page 14724]]

Alaska (Mr. Stevens), and the Senator from Louisiana (Mr. Vitter).
  Further, if present and voting, the Senator from Kentucky (Mr. 
Bunning) and the Senator from Texas (Mr. Cornyn) would have voted 
``nay.''
  Further, if present and voting, the Senator from Tennessee (Mr. 
Alexander), the Senator from Minnesota (Mr. Coleman), and the Senator 
from Tennessee (Mr. Corker) would have voted ``yea.''
  The yeas and nays resulted--yeas 65, nays 3, as follows:

                      [Rollcall Vote No. 174 Leg.]

                                YEAS--65

     Akaka
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Brown
     Brownback
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Clinton
     Cochran
     Collins
     Conrad
     Crapo
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Enzi
     Feingold
     Feinstein
     Graham
     Grassley
     Harkin
     Hatch
     Inouye
     Isakson
     Johnson
     Kerry
     Klobuchar
     Kohl
     Lautenberg
     Levin
     Lieberman
     Lincoln
     Lugar
     McConnell
     Menendez
     Mikulski
     Nelson (FL)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sanders
     Schumer
     Smith
     Snowe
     Specter
     Sununu
     Thune
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--3

     Barrasso
     Kyl
     Sessions

                             NOT VOTING--32

     Alexander
     Allard
     Bond
     Boxer
     Bunning
     Chambliss
     Coburn
     Coleman
     Corker
     Cornyn
     Craig
     DeMint
     Ensign
     Gregg
     Hagel
     Hutchison
     Inhofe
     Kennedy
     Landrieu
     Leahy
     Martinez
     McCain
     McCaskill
     Murkowski
     Murray
     Nelson (NE)
     Obama
     Shelby
     Stabenow
     Stevens
     Tester
     Vitter
  The PRESIDING OFFICER. On this vote, the yeas are 65, the nays are 3. 
Three-fifths of the Senators duly chosen and sworn having voted in the 
affirmative, the motion is agreed to.
  Mr. REID. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The 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. Without objection, it is so ordered.

                          ____________________