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The Senate stands in adjournment until 10:30am on Thursday, November 21, 2013.

Following any Leader remarks, the Senate will resume consideration of S.1197, the National Defense Authorization Act.

During Wednesday’s session of the Senate, cloture was filed on S.1197.

As result, the filing deadline for all first degree amendments to the bill is 1:00pm on Thursday.

During leader remarks, Senator Reid moved to proceed to S.1356, Workforce Investment Act of 2013.

At 11:08am, the Senate began a 15 minute roll call vote on the Reid motion to proceed to reconsider the vote by which cloture was not invoked on Executive Calendar #227, the nomination of Patricia Ann Millett, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit;

Agreed To: 57-40 ( Hatch, Chambliss, Isakson voted present. Collins and Murkowski vote aye)).

11:29am The Senate began a 15 minute roll call vote on the motion to adjourn;

Not Agreed to: 46-54

11:46am the Senate began a 15 minute roll call vote on the motion to reconsider Executive Calendar #227, the nomination of Patricia Ann Millett, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit

Agreed To: 57-43

Senator Reid raised a point of order that the vote on cloture for all nominations other than for the Supreme Court is by majority vote. The point of order was not sustained by the Chair. Senator Reid then appealed the ruling of the Chair and asked for the yeas and nays.

Senator McConnell then made a series of parliamentary inquires.

At 12:10pm, the Senate began a 15 minute roll call vote on the question: does the ruling of the chair stand that the cloture vote for all nominations other than for the Supreme Court is not by majority vote? Senator Reid will vote no. (Appealing rule of the chair vote) Senator Reid will vote no;

The Appeal of the ruling of the chair was not sustained 48-52

The ruling of the chair was not sustained by a vote of 48-53.

 
Chair:     UNDER THE PRECEDENT SET BY THE SENATE TODAY, NOVEMBER 21, 2013,

THE THRESHOLD FOR CLOTURE ON NOMINATIONS, NOT INCLUDING THOSE

OF THE SUPREME COURT OF UNITED STATES, IS NOW A MAJORITY. THAT

IS THE RULING OF THE CHAIR.

Senator McConnell then appealed the ruling of the chair and asked for the yeas and nays.

           MR. McCONNELL: MAKE A POINT OF ORDER THAT NOMINATIONS ARE FULLY
           DEBATABLE URPD THE RULES OF THE SENATE UNLESS I WAS THERE OF
           SENATORS CHOSEN AND SWORN HAVE VOTED TO BRING DEBATE TO A
           CLOSE. UNDER THE PRECEDENT JUST SET BY THE SENATE, CLOTURE IS
           INVOKED AT A MAJORITY. THEREFORE, I APPEAL THE RULING OF THE
           CHAIR AND ASK FOR THE YEAS AND NAYS.

At 12:35, the Senate began a 15 minute roll call vote on the question: Shall the decision of the Chair stand as the judgment of the Senate?

Decision of the Chair: a vote on cloture for all nominations (other than for the Supreme Court) is by majority vote.

Sustained: 52-48

2:57pm The Senate began a 15 minute roll call vote on the motion to invoke cloture on Executive Calendar #327, the nomination of Patricia Ann Millett, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit, upon reconsideration;

Invoked: 55-43

Under the new cloture rules for nominations (Rule 22), a majority vote is required to invoke cloture on all nominations, except for nominations to the Supreme Court.

There will now be up to 30 hours for debate on the Millett nomination.

Additional roll call votes are expected today.

We are working on an agreement to hold the cloture vote on S.1197, National Defense Authorization Act, and the adjournment resolution this afternoon. We could vote around 3:45pm.

Under Rule 22, the filing deadline for second degree amendments is 1 hour prior to the beginning of the cloture vote. We are working on a consent to set the filing deadline for second degree amendments for later today, potentially for 5pm.

Another message will be sent once any agreement is reached.

The Senate has reached an agreement that results in 2 roll call votes at 4:00pm today. Those votes are on the following items:

–          Motion to invoke cloture on S.1197, National Defense Authorization Act; and

–          Adopting of S.Con.Res.28, adjournment resolution.

The filing deadline for second degree amendments to S.1197, is 5pm today.

4:03pm The Senate began a 15 minute roll call vote on the motion to invoke cloture on S.1197, National Defense Authorization Act;

Not invoked: 51-44

Senator Reid changed his vote to no (for procedural reasons) and entered a motion to reconsider at a later time the vote by which cloture was not invoked.

4:31pm The Senate began a 15 minute roll call vote on adoption of S.Con.Res.28, adjournment resolution;

Adopted: 51-42

There will be no further roll call votes today.

Senator Schumer asked unanimous consent the Senate take up and pass S.1774, a bill to reauthorize the Undetectable Firearms Act of 1988 for 1 year. Senator Sessions objected.

If the Senate does not receive a message that the House has adopted S.Con.Res.28, the adjournment resolution, the Senate will meet conduct pro forma sessions only with no business conducted on the following dates and times:

• Friday, November 22^nd at 11:15am
• Tuesday, November 26^th at 11:00am
• Friday, November 29^th at 1:00pm
• Tuesday, December 3^rd at 11:00am and
• Friday, December 6^th at 10:30am

If the Senate receives a message that the House has adopted S.Con.Res.28, the Senate will stand adjourned until 2:00pm on Monday, December 9^th.

WRAP UP

ROLL CALL VOTES

1)      Reid motion to proceed to the motion to reconsider the vote by which cloture was not invoked on Executive Calendar #327, the nomination of Patricia Ann Millett, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit; Agreed to: 57-40-3(present)

2)      McConnell motion to adjourn until 5:00pm; Not Agreed to: 46-54

3)      Reid motion to reconsider the vote by which cloture was not invoked on Executive Calendar #327, the Millett nomination; Agreed to: 57-43

4)      Shall the decision of the Chair stand as the judgment of the Senate (cloture on nominations (other than Supreme Court nominees) require the votes of three-fifths of Senators duly chosen and sworn and not a majority)(Reid appeal of the chair); the decision of the Chair was not sustained: 52-48

5)      Shall the decision of the Chair stand as the judgment of the Senate (cloture on nominations (other than Supreme Court nominees) is a majority vote) (McConnell appeal of the chair); the decision of the Chair was sustained: 52-48

6)      Motion to invoke cloture on Executive Calendar #327, the nomination of Patricia Ann Millett, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit, upon reconsideration; Invoked: 55-43

7)      Motion to invoke cloture on S.1197, the National Defense Authorization Act; Not Invoked: 51-44

8)      Adoption of S.Con.Res.28, Providing for a conditional adjournment or recess of the Senate and an adjournment of the House of Representatives; Adopted: 51-42

Additional LEGISLATIVE ITEMS

Began the Rule 14 process of the following bills:

• S.1774, a bill to reauthorize the Undetectable Firearms Act of 1988 for 1 year. (Nelson-Schumer)
• S.1775, the Victims Protection Act of 2013. (McCaskill)
• H.R.1965, the Federal Lands Jobs and Energy Security Act. (Republican request)
• H.R.2728, the Protecting States’ Rights to Promote American Energy Security Act. (Republican request)

Completed the Rule 14 process of S.1752, the Military Justice Improvement Act of 2013. (Gillibrand)

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Last Floor Action:
11:29:50 A.M. -H.R. 1900
On agreeing
to the Speier amendment (A003) Roll Call 607 – Recorded vote pending.

Last Floor Action:
9:03:02 A.M. – ONE MINUTE SPEECHES – The
House proceeded with one minute speeches which by direction of the Chair, would
be limited to 5 per side of the aisle.

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