[Congressional Record (Bound Edition), Volume 155 (2009), Part 24]
[Senate]
[Page 32617]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    RECESS UNTIL 12:01 A.M. TOMORROW

  Mr. REID. Mr. President, I now move to recess until 12:01 a.m.
  Mr. McCONNELL. Parliamentary inquiry.
  The PRESIDING OFFICER (Mr. Durbin). The Republican leader.
  Mr. McCONNELL. Before we proceed to the vote, I would like to make a 
parliamentary inquiry: I believe it is the case that a simple motion to 
recess or adjourn is not amendable; is that correct?
  The PRESIDING OFFICER. The Republican leader is correct.
  Mr. McCONNELL. Further inquiry. I also believe that a motion to 
recess or adjourn to a time certain is amendable with time changes.
  The PRESIDING OFFICER. The Republican leader is correct.
  Mr. McCONNELL. I will not offer an amendment to change the time to 
convene later, but so everybody will know, with regard to their own 
personal schedules, this vote could occur at any time tomorrow. It 
wouldn't have to be at 1 a.m. The majority leader has the discretion to 
do that. We are, of course, prepared to talk around the clock and happy 
to have a vote at 1 o'clock. I just want everybody to understand it is 
my understanding that the majority leader does have the ability to set 
the vote later than 1 a.m.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. I ask for the yeas and nays on my motion.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Byrd) 
is necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Enzi) and the Senator from Georgia (Mr. Chambliss).
  The PRESIDING OFFICER (Mr. Begich). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 59, nays 38, as follows:

                      [Rollcall Vote No. 380 Leg.]

                                YEAS--59

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

                                NAYS--38

     Alexander
     Barrasso
     Bennett
     Bond
     Brownback
     Bunning
     Burr
     Coburn
     Cochran
     Collins
     Corker
     Cornyn
     Crapo
     DeMint
     Ensign
     Graham
     Grassley
     Gregg
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     Kyl
     LeMieux
     Lugar
     McCain
     McConnell
     Murkowski
     Risch
     Roberts
     Sessions
     Shelby
     Snowe
     Thune
     Vitter
     Voinovich
     Wicker

                             NOT VOTING--3

     Byrd
     Chambliss
     Enzi
  The motion was agreed to.
  The PRESIDING OFFICER. The Senate stands in recess until 12:01, a.m., 
Friday, December 18, 2009.
  Thereupon, the Senate, at 6:52 p.m., recessed until Friday, December 
18, 2009, at 12:01 a.m.

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