energy and national security. this is our chance. mr. president, the pending amendment 1717 would cause the underlying legislation to exceed the energy and natural resources committee section 302-a allocation of new budget authority or outlies. therefore, i raise a point of order against this measure pursuant to section 302-f of the congressional budget act of 1974. ms. cantwell: mr. president, pursuant to section 904 of the congressional budget act of 1974 and the waiver sections of applicable, i move to waive it for the purpose of the pending amendment and asker to the yeas and nays. the presiding officer: is there a sufficient second? there appears to be. the clerk will call the roll. vote: the presiding officer: are there any senators in the chamber wishing to vote or change their vote? if not, the yeas are 48, the nays are 52. three-fifths of the senators duly chosen and sworn not having voted in the affirmative, the motion is not agreed to. the point of order is sustained and the amendment falls. the senator oregon. the chamber will be in order. mr. merkley: mr. president, i call up amendment 1856. officer the clerk will report. the clerk: the senator oregon, mr. merkley, proposes an amendment numbered 1856