[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[Senate]
[Pages 11485-11486]
[From the U.S. Government Publishing Office, www.gpo.gov]




          AMERICAN JOBS AND CLOSING TAX LOOPHOLES ACT OF 2010

  The PRESIDING OFFICER. The clerk will report the pending business.
  The bill clerk read as follows:

       Motion to concur in the House amendment to the Senate 
     amendment with an amendment to H.R. 4213, an act to amend the 
     Internal Revenue Code of 1986, to extend certain expiring 
     provisions, and for other purposes.

  Pending:

       Baucus motion to concur in the amendment of the House to 
     the amendment of the Senate to the bill, with Baucus 
     amendment No. 4369 (to the amendment of the House to the 
     amendment of the Senate to the bill), in the nature of a 
     substitute.
       Coburn amendment No. 4331 (to amendment No. 4369), to pay 
     for the cost of this act by reducing wasteful, inefficient, 
     excessive, and duplicative government spending.
       Casey/Brown (OH) amendment No. 4371 (to amendment No. 
     4369), to provide for the extension of premium assistance for 
     COBRA benefits.
       LeMieux amendment No. 4300 (to amendment No. 4369), to 
     establish an expedited procedure for consideration of a bill 
     returning spending levels to 2007 levels.
       DeMint motion to refer the House message to accompany H.R. 
     4213, to the Committee on Finance with instructions.


                            Motion To Refer

  Mr. REID. Is the pending matter the DeMint motion?
  The PRESIDING OFFICER (Mr. Warner). It is the motion to refer.
  Mr. REID. I move to table that motion and ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the motion to table.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Byrd) 
and the Senator from West Virginia (Mr. Rockefeller) are necessarily 
absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Kansas (Mr. Roberts).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 57, nays 40, as follows:

                      [Rollcall Vote No. 197 Leg.]

                                YEAS--57

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

                                NAYS--40

     Alexander
     Barrasso
     Bennett
     Bond
     Brown (MA)
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Collins
     Corker
     Cornyn
     Crapo
     DeMint
     Ensign
     Enzi
     Graham
     Grassley
     Gregg
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     Kyl
     LeMieux
     Lugar
     McCain
     McConnell
     Murkowski
     Nelson (NE)
     Risch
     Sessions
     Shelby
     Snowe
     Thune
     Vitter
     Wicker

                             NOT VOTING--3

     Byrd
     Roberts
     Rockefeller
  The motion was agreed to.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Mr. President, for the benefit of all Members, we are 
trying to work through having an amendment Senator Baucus will offer 
when we dispose of the present amendment.
  I have had one Senator come to me and ask: Once we get on the next 
Baucus amendment, what are we going to do? I will be happy to confer 
with the Republican leader and see if there is a way of moving forward. 
We have been on this matter for a long time--not on a contiguous basis, 
but this is the beginning of the end of the eighth week on this piece 
of legislation. But we have no desire at this time to have an outline 
of how we are going to get where we are going to.
  I will be happy to visit with the Republican leader because one of 
his Senators asked me what we were going to do once we get on the 
Baucus amendment. The plan would be to complete tabling the Baucus 
amendment, and then the plan would be to recess subject to the call of 
the Chair. At that time, Senator Baucus would lay down the amendment. 
It is not ready. That is why we are not doing it now. And then we could 
decide at that time, or maybe even in the morning, how we are going to 
proceed. I think that gives everyone a general idea. There will be no 
more votes tonight after we have this one vote.
  Mr. President, I move to table the Baucus motion to concur in the 
House amendment to the Senate amendment with amendment No. 4369, and I 
ask for the yeas and nays.

[[Page 11486]]

  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second.
  The question is on agreeing to the motion. 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 North Dakota (Mr. Dorgan), and the Senator from 
West Virginia (Mr. Rockefeller) are necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Kansas (Mr. Roberts).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 56, nays 40, as follows:

                      [Rollcall Vote No. 198 Leg.]

                                YEAS--56

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

                                NAYS--40

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

                             NOT VOTING--4

     Byrd
     Dorgan
     Roberts
     Rockefeller
  The motion to table was agreed to.
  The PRESIDING OFFICER. The Senator from Illinois.

                          ____________________