[Congressional Record (Bound Edition), Volume 154 (2008), Part 12]
[Senate]
[Page 16482]
[From the U.S. Government Publishing Office, www.gpo.gov]




             STOP EXCESSIVE ENERGY SPECULATION ACT OF 2008

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of S. 3268, which the clerk will 
report.
  The assistant legislative clerk read as follows:

       A bill (S. 3268) to amend the Commodity Exchange Act to 
     prevent excessive price speculation with respect to energy 
     commodities, and for other purposes.

  Pending:

       Reid amendment No. 5098, to establish the enactment date.
       Reid amendment No. 5099 (to amendment No. 5098), to change 
     the enactment date.
       Reid motion to commit the bill to the Committee on 
     Agriculture, Nutrition and Forestry with instructions to 
     report back forthwith, with Reid amendment No. 5100, to 
     establish the effective date.
       Reid amendment No. 5101 (to the instructions of the motion 
     to commit), to change the enactment date.
       Reid amendment No. 5102 (to amendment No. 5101), to change 
     the enactment date.


                             Cloture Motion

  The ACTING PRESIDENT pro tempore. Under the previous order, pursuant 
to rule XXII, the clerk will report the motion to invoke cloture.
  The assistant 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, 
     hereby move to bring to a close debate on S. 3268, the Stop 
     Excessive Energy Speculation Act of 2008.
         Harry Reid, Richard Durbin, Barbara A. Mikulski, Frank R. 
           Lautenberg, Christopher J. Dodd, Byron L. Dorgan, 
           Bernard Sanders, Patty Murray, Benjamin L. Cardin, 
           Dianne Feinstein, Amy Klobuchar, Robert P. Casey, Jr., 
           Ron Wyden, Ken Salazar, Bill Nelson, Debbie Stabenow, 
           Daniel K. Inouye, Sherrod Brown.

  The ACTING PRESIDENT pro tempore. By unanimous consent, the mandatory 
quorum call has been waived.
  The question is, Is it the sense of the Senate that debate on S. 
3268, a bill to amend the Commodity Exchange Act to prevent excessive 
price speculation with respect to energy commodities, 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 Massachusetts (Mr. 
Kennedy) and the Senator from Illinois (Mr. Obama) are necessarily 
absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Colorado (Mr. Allard), the Senator from Oklahoma (Mr. Coburn), the 
Senator from South Carolina (Mr. Graham), the Senator from Arizona (Mr. 
McCain), and the Senator from Alaska (Mr. Stevens).
  Further, if present and voting, the Senator from South Carolina (Mr. 
Graham) would have voted ``nay.''
  The ACTING PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  The yeas and nays resulted--yeas 50, nays 43, as follows:

                      [Rollcall Vote No. 184 Leg.]

                                YEAS--50

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Brown
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Clinton
     Collins
     Conrad
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Inouye
     Johnson
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     McCaskill
     Menendez
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Rockefeller
     Salazar
     Sanders
     Schumer
     Snowe
     Stabenow
     Tester
     Webb
     Whitehouse
     Wyden

                                NAYS--43

     Alexander
     Barrasso
     Bennett
     Bond
     Brownback
     Bunning
     Burr
     Chambliss
     Cochran
     Coleman
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dole
     Domenici
     Ensign
     Enzi
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Isakson
     Kyl
     Lugar
     Martinez
     McConnell
     Murkowski
     Reid
     Roberts
     Sessions
     Shelby
     Smith
     Specter
     Sununu
     Thune
     Vitter
     Voinovich
     Warner
     Wicker

                             NOT VOTING--7

     Allard
     Coburn
     Graham
     Kennedy
     McCain
     Obama
     Stevens
  The ACTING PRESIDENT pro tempore. On this vote, the yeas are 50, the 
nays are 43. 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 bill, S. 3268.
  The ACTING PRESIDENT pro tempore. The motion is entered.

                          ____________________