the Senate Convenes: 1:00pmET December 21,2012

• Following any Leader remarks, the Senate will begin consideration of the conference report to accompany H.R.4310, the National Defense Authorization Act with up to one hour of debate equally divided and controlled between the two Leaders or their designees.
• The filing deadline for all 2^nd degree amendments to the substitute amendment and to H.R.1, the legislative vehicle for the Emergency Supplemental Appropriations bill is 1:30pm.
• At approximately 2:00pm, there will be at least one roll call vote on adoption of the conference report to accompany H.R.4310, NDAA.
• We are working on an agreement on the Supplemental Appropriations bill.  If no agreement is reached prior to 2pm, following disposition of the conference report to accompany H.R.4310, the Senate will then conduct up to 2 roll call votes: the first vote will be on the motion to invoke cloture on the Reid substitute amendment #3395 and if cloture is not invoked, there will be a 2^nd cloture vote on H.R.1.
• Additional votes are expected Friday.  We hope to reach an agreement on the Supplemental and FISA tomorrow

At approximately 2:20pm today the Senate will proceed to a roll call vote on the motion to adopt the conference report to accompany H.R.4310, the National Defense Authorization Act.

Following the vote, the Senate will resume consideration of the Emergency Supplemental Appropriations bill. We are working on an agreement to consider amendments to Supplemental. Senators should expect a cloture vote on the Reid substitute amendment #3395 this afternoon, as well as additional roll call votes.

We are also working on an agreement to consider the Foreign Intelligence Surveillance Act (FISA) extension.

Another message will be sent when any agreement is reached or additional votes are scheduled.

2:06pm The Senate began a roll call vote on adoption of the conference report to accompany H.R.4310, the National Defense Authorization Act;

Adopted: 81-14

3:34pm The Senate began a roll call vote on the motion to invoke cloture on the Reid substitute amendment #3395 (Supplemental) to H.R.1;

Invoked: 91-1

The Senate has reached an agreement on amendments to the Supplemental Appropriations that results in up to 2 roll call votes now. The first vote will be on the motion to invoke cloture on Reid substitute amendment #3395 (Supplemental Appropriations). If cloture is invoked and Senator Toomey raises a point of order, the next vote would be on a motion to waive the budget point of order with respect to Reid substitute amendment #3395 (Supplemental).The first vote is a 10 minute roll call vote.

The agreement is as follows:

H.R.1, Supplemental for Sandy

Leader:            I ask unanimous consent that at a time to be determined by the Majority Leader, after consultation with the Republican Leader, the Senate proceed to the cloture vote with respect to the substitute amendment to H.R.1; that if cloture is not invoked, the Majority Leader be recognized; that if cloture is invoked, Senator Toomey, or designee, be recognized for the purpose of raising a budget point of order against the pending substitute amendment; that if the point of order is raised, Senator Leahy, or designee, be recognized to move to waive the budget point of order; that there be up to ten minutes of debate prior to a vote in relation to the motion to waive;  that no other budget points of order be in order to the substitute or the underlying bill; further, that notwithstanding rule 22, the following amendments be in order:

– Cardin #3393 (surety bonds);

– Grassley #3348 (DOJ – vehicles);

– Feinstein #3421 (Army Corps projects), as modified with changes at the desk;

– Harkin #3426 (technical – grants);

– Landrieu #3415 (emergency reimbursement);

– Leahy #3403 (U.S. embassy security);

– McCain #3384 (Amtrak), as modified with changes at the desk;

– Bingaman #3344 (Palau);

– Coburn #3368 (cost sharing – Army Corps);

– Coburn #3369 (notification triggers);

– Coburn #3370, as modified and with two divisions – delinquent tax debts and fisheries);

– Coburn #3371 (severe disasters);

– Coburn #3382 (Merit based recovery contracts);

– Coburn #3383 (strike certain studies – Army Corps);

– Tester #3350 (Fire management);

– Paul #3376 (Non-application of Davis-Bacon);

– Paul #3410 (Offset)

– McCain #3355 (strike emergency forest restoration);

– Merkley #3367 (extend Agriculture disaster assistance programs), as modified;

– Lee #3373, as modified (special rules – retirement funds); and

– Coats #3391 (Republican alternative).

That no amendments be in order to any of these amendments prior to votes in relation to the amendments; that the amendments be subject to a 60 affirmative vote threshold; that there will be 30 minutes of debate equally divided in the usual form on each amendment with the exception of the following:

– 20 minutes equally divided on each of the Coburn amendments or divisions and the Lee amendment;

– 40 minutes equally divided on each of the Paul amendments; and

– one hour equally divided on the Coats amendment.

That upon the use or yielding back of time, the Senate proceed to votes in relation to the amendments in the order listed; that there be two minutes of debate, equally divided, between the votes; that all after the first vote, be ten minute votes; further, that upon disposition of the pending amendments listed, the Senate proceed to vote in relation to the pending substitute amendment, as amended, if amended; that upon disposition of the substitute, the cloture motion on the underlying bill be withdrawn, the bill be read a third time and the Senate proceed to vote on passage of H.R.1, as amended, if amended.

4:03pm The Senate began a roll call vote on the Mikulski motion to waive the Toomey point of order.

Not Waived: 57-34

This will be the last vote of the week. Senator should expect the next roll call vote to occur as early as noon on Thursday, December 27.

The Senate has reached an agreement that notwithstanding cloture having been invoked and at a time to be determined by the Majority Leader, after consultation with the Republicans Leader, the Senate will proceed to the consideration of Calendar #510, J.R.5949. The only first degree amendments in order to the bill are the following:

–          Leahy (Judiciary committee reported substitute);

–          Merkley (declassificiation of FISA court opinions);

–          Paul (4^th Amendment-searches/seizures); and

–          Wyden (public reporting)

There will be 30 minutes for debate equally divided between the proponents and opponents on each amendment and 5 hours of debate equally divided on the bill. Upon the use or yielding back of time, the Senate proceed to votes in relation to the amendments in the order listed. No second degree amendments are in order prior to the votes. Upon disposition of the amendments, the bill will be read a third time and the Senate proceed to vote on passage of the bill, as amended, if amended.

Prior to consenting to the agreement listed above, Senator McConnell objected to Senator Reid’s request and asked that the amendments and passage of the bill be subject to 60 affirmative vote thresholds. Senator Reid agreed to McConnell’s request for 60 vote thresholds.

ROLL CALL VOTES

1)      Adoption of the conference report to accompany H.R.4310, the National Defense Authorization Act; adopted: 81-14

2)      Motion to invoke cloture on the Reid amendment #3395 (substitute) to H.R.1, the legislative vehicle for the Emergency Supplemental Appropriations bill; invoked: 91-1

3)      Motion to waive the Budget Act with respect to the Reid substitute amendment #3395; not waived: 57-34

LEGISLATIVE ITEMS

Passed H.R.1339, To designate the City of Salem, Massachusetts, as the Birthplace of the National Guard of the United States.

Passed H.R.4212, the Drywall Safety Act of 2012 with a Vitter substitute amendment.

Passed H.R.5859, to repeal an obsolete provision in title 49, United States Code, requiring motor vehicle insurance cost reporting.

Passed H.R.6364, the World War I Centennial Commission Act with a McCaskill-Blunt amendment.

Passed S.3709, to require a Government Accountability Office examination of transactions between large financial institutions and the  Federal Government, and for other purposes, with the Vitter/Brown (OH) substitute amendment.

Discharged the Foreign Relations committee and adopted S.Res.613, urging the governments of Europe and the European Union to designate Hizballah as a terrorist organization and impose sanctions, and urging the President to provide information about Hizballah to the European allies of the United States and to support the Government of Bulgaria in investigating the July 18,2012, terrorist attack in Burgas.

Passed H.R.1845, the Medicare IVIG Access Act.

EXECUTIVE ITEMS

Confirmed the following:

Executive Calendar #834 Matthew W. Brann, of PA, to be United States District Judge for the Middle District of Pennsylvania

Executive Calendar #835 Malachy Edward Mannion, of PA, to be United States District Judge for the Middle District of Pennsylvania

Executive Calendar #877 Jon S. Tigar, of CA, to be United States District Judge for the Northern District of California

Discharged the Veterans’ Affairs committee and confirmed PN2024, William S. Greenberg, of New Jersey, to be a Judge of the United States Court of Appeals for Veterans’ Claims for the term of fifteen years.

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The next meeting is scheduled for 2:00 p.m. on December 21, 2012.