[Congressional Record (Bound Edition), Volume 155 (2009), Part 11]
[Senate]
[Page 14301]
[From the U.S. Government Publishing Office, www.gpo.gov]




           FAMILY SMOKING PREVENTION AND TOBACCO CONTROL ACT

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of H.R. 1256, which the clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 1256), to protect the public health by 
     providing the Food and Drug Administration with certain 
     authority to regulate tobacco products, and to amend title 5, 
     United States Code, to make certain modifications in the 
     Thrift Savings Plan, the Civil Service Retirement System, and 
     the Federal Employees' Retirement System, and for other 
     purposes.

  Pending:

       Dodd amendment No. 1247, in the nature of a substitute.
       Burr/Hagan amendment No. 1246 (to amendment No. 1247), in 
     the nature of a substitute.
       Schumer (for Lieberman) amendment No. 1256 (to amendment 
     No. 1247), to modify provisions relating to Federal employees 
     retirement.

  The PRESIDING OFFICER. The question occurs on amendment No. 1246 by 
the Senator from North Carolina, Mr. Burr.
  Mr. BURR. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. 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 West Virginia (Mr. 
Byrd), the Senator from Massachusetts (Mr. Kennedy), and the Senator 
from Mossouri (Mrs. McCaskill) are necessarily absent.
  The PRESIDING OFFICER (Mr. Begich). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 36, nays 60, as follows:

                      [Rollcall Vote No. 205 Leg.]

                                YEAS--36

     Alexander
     Barrasso
     Bennett
     Bond
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Corker
     Crapo
     DeMint
     Ensign
     Enzi
     Graham
     Gregg
     Hagan
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     Kyl
     Martinez
     McCain
     McConnell
     Murkowski
     Risch
     Roberts
     Sessions
     Shelby
     Thune
     Vitter
     Voinovich
     Wicker

                                NAYS--60

     Akaka
     Baucus
     Bayh
     Begich
     Bennet
     Bingaman
     Boxer
     Brown
     Burris
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Cornyn
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Gillibrand
     Grassley
     Harkin
     Inouye
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Snowe
     Specter
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--3

     Byrd
     Kennedy
     McCaskill
  The amendment (No. 1246) was rejected.
  Mr. DODD. Mr. President, I move to reconsider the vote, and I move to 
lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. DODD. Mr. President, if I may--I wish to ask unanimous consent to 
go into morning business at the conclusion of these brief remarks--
there are several amendments that are germane amendments to this bill 
that we ought to consider, and my hope is that will happen. I will let 
the leadership determine what the rest of the day will be like, but my 
hope is we can complete these other germane amendments that are before 
us. I know there is a package of amendments on other things to be 
looked at, and I am certainly prepared to do that.
  My good friend, the Senator from Wyoming, Senator Enzi, is not on the 
floor at this minute, but he and I have had a good relationship on this 
bill, and we would like to complete it if we could. We have been now 
almost a week and a half on this legislation, so it shouldn't take much 
more to get to final passage.
  So I make that offer to my colleagues, that they can sit down and see 
if we can't resolve some of those matters or at least allow for some 
time for debate on those outstanding germane amendments that are 
pending.

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