[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. ____________________