The DA does not depend on Kyle and McCain. Even with 60 Republicans the DA faces an even tougher fight in Congress. I don't think a majority of Republicans will ever vote for the DA or CIR simply due to the fact that the people that voted for them do not want any type of bill like DA or CIR to pass - ever. I don't know any solution though other than a Democratic supermajority which doesn't seem to be in the cards for 2012.