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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.

9:00:21 A.M.		The House convened, starting a new legislative day.
9:00:26 A.M.		The Speaker designated the Honorable Ted Poe to act as Speaker pro tempore for today.
9:00:47 A.M.		Today’s prayer was offered by the House Chaplain, Rev. Patrick J. Conroy.
9:02:22 A.M.		The Speaker announced approval of the Journal. Pursuant to clause 1, rule I, the Journal stands approved.
9:02:25 A.M.		PLEDGE OF ALLEGIANCE – The Chair designated Mr. Bishop of UT to lead the Members in reciting the Pledge of Allegiance to the Flag.
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.
9:18:40 A.M.	H.R. 1900	Considered under the provisions of rule H. Res. 420. H.R. 1900 — “To provide for the timely consideration of all licenses, permits, and approvals required under Federal law with respect to the siting, construction, expansion, or operation of any natural gas pipeline projects.”
9:18:45 A.M.	H.R. 1900	Rule provides for consideration of H.R. 1900 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
9:18:58 A.M.	H.R. 1900	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 420 and Rule XVIII.
9:19:01 A.M.	H.R. 1900	The Speaker designated the Honorable Ted Poe to act as Chairman of the Committee.
9:19:08 A.M.	H.R. 1900	GENERAL DEBATE – The Committee of the Whole proceeded with one hour of general debate on H.R. 1900.
10:10:27 A.M.	H.R. 1900	An amendment, offered by Mr. Tonko, numbered 1 printed in House Report 113-272 to require the application for a natural gas pipeline to include information to ensure that methane emissions will be minimized before the application can be considered for approval.
10:10:30 A.M.	H.R. 1900	DEBATE – Pursuant to the provisions of H. Res. 420, the Committee of Whole proceeded with 10 minutes of debate on the Tonko amendment No. 1.
10:16:59 A.M.	H.R. 1900	POSTPONED PROCEEDINGS – At the conclusion of debate on the Tonko amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Tonko demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
10:17:17 A.M.	H.R. 1900	An amendment, offered by Ms. Castor (FL), numbered 2 printed in House Report 113-272 to strike the provision that requires FERC to automatically issue other agencies’ permits if the deadline is missed.
10:17:19 A.M.	H.R. 1900	DEBATE – Pursuant to the provisions of H. Res. 420, the Committee of Whole proceeded with 10 minutes of debate on the Castor (FL) amendment No. 2.
10:27:09 A.M.	H.R. 1900	POSTPONED PROCEEDINGS – At the conclusion of debate on the Castor (FL) amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Castor demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
10:27:33 A.M.	H.R. 1900	An amendment, offered by Ms. Speier, numbered 3 printed in House Report 113-272 to toll the time limits until FERC has considered and responded to state or local objections or concerns about the pipeline project.
10:27:36 A.M.	H.R. 1900	DEBATE – Pursuant to the provisions of H. Res. 420, the Committee of Whole proceeded with 10 minutes of debate on the Speier amendment No. 3.
10:34:05 A.M.	H.R. 1900	POSTPONED PROCEEDINGS – At the conclusion of debate on the Speier amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Speier demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
10:34:32 A.M.	H.R. 1900	An amendment, offered by Ms. Jackson Lee, numbered 4 printed in House Report 113-272 to delay the implementation of the bill, if enacted, so long as sequestration is in effect.
10:34:35 A.M.	H.R. 1900	DEBATE – Pursuant to the provisions of H. Res. 420, the Committee of Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment No. 4.
10:41:43 A.M.	H.R. 1900	POSTPONED PROCEEDINGS – At the conclusion of debate on the Jackson Lee (TX) amendment No. 4, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Jackson Lee (TX) demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
10:42:02 A.M.	H.R. 1900	An amendment, in the nature of a substitute offered by Mr. Dingell, numbered 5 printed in House Report 113-272 to replace the bill with a requirement that GAO complete a study on what, if any, delays are expected by FERC or other federal, state, or local permitting authorities in issuing permits regarding the siting, construction, expansion, or operation of any natural gas pipeline project.
10:42:06 A.M.	H.R. 1900	DEBATE – Pursuant to the provisions of H. Res. 420, the Committee of Whole proceeded with 10 minutes of debate on the Dingell amendment No. 5.
10:51:43 A.M.	H.R. 1900	POSTPONED PROCEEDINGS – At the conclusion of debate on the Dingell amendment No. 5, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Dingell demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
10:52:03 A.M.	H.R. 1900	UNFINISHED BUSINESS – The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
11:24:06 A.M.	H.R. 1900	On agreeing to the Tonko amendment; Failed by recorded vote: (Roll no. 605).
11:29:39 A.M.	H.R. 1900	On agreeing to the Castor (FL) amendment; Failed by recorded vote: (Roll no. 606).
11:29:50 A.M.	H.R. 1900	On agreeing to the Speier amendment (A003) Roll Call 607 – Recorded vote pending.

11:34:29 A.M.	H.R. 1900	On agreeing to the Speier amendment; Failed by recorded vote: 183 – 236 (Roll no. 607).
11:39:21 A.M.	H.R. 1900	On agreeing to the Jackson Lee amendment; Failed by recorded vote: 175 – 243 (Roll no. 608).
11:44:03 A.M.	H.R. 1900	On agreeing to the Dingell amendment; Failed by recorded vote: 175 – 239 (Roll no. 609).
11:44:21 A.M.	H.R. 1900	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1900.
11:45:10 A.M.	H.R. 1900	The previous question was ordered pursuant to the rule.
11:45:57 A.M.	H.R. 1900	Mr. Tierney moved to recommit with instructions to Energy and Commerce.
11:46:25 A.M.	H.R. 1900	DEBATE – The House proceeded with 10 minutes of debate on the Tierney motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House forthwith, with an amendment to prevent any provisions of the underlying bill from taking effect unless the Federal Energy Regulatory Commission, in consultation with appropriate regulatory agencies, determines that the implementation of the bill will not: adversely impact natural gas pipeline safety; or inhibit the ability of communities to meaningfully engage in the siting of natural gas pipelines that affect them.
11:50:25 A.M.	H.R. 1900	The previous question on the motion to recommit with instructions was ordered without objection.
11:56:53 A.M.	H.R. 1900	On motion to recommit with instructions Failed by the Yeas and Nays: 180 – 233 (Roll no. 610).
11:57:00 A.M.		The House received a message from the Clerk. The Clerk notified the House that she received a letter from the Honorable Tom Schedler, Secretary of State, State of Louisiana, indicating that, according to the unofficial returns of the Special Election held November 16, 2013, the Honorable Vance M. McAllister was elected Representative to Congress for the Fifth Congressional District, State of Louisiana.
11:58:19 A.M.		ADMINISTERING OATH OF OFFICE – Representative-Elect Vance M. McAllister, Fifth Congressional District, Louisiana, presented himself in the well of the House and the Speaker proceeded to administer the Oath of Office.
11:59:37 A.M.		The Dean of the Louisiana delegation, Representative Charles Boustany, and Represenative Cedric Richmond addressed the House and introduced Representative Vance M. McAllister, Fifth Congressional District, State of Louisiana.
12:03:38 P.M.		ADJUSTED WHOLE NUMBER OF THE HOUSE – Under clause 5(d) of rule 20, the Chair announced to the House that, in light of the administration of the oath to the gentleman from Louisiana, the whole number of the House is 432.
12:14:18 P.M.	H.R. 1900	On passage Passed by recorded vote: 252 – 165 (Roll no. 611).
12:14:20 P.M.	H.R. 1900	Motion to reconsider laid on the table Agreed to without objection.
12:15:00 P.M.	H.R. 3381	Mr. Rogers (MI) announced that the Permanent Select Committee on Intelligence has ordered the bill, H.R. 3381, the Intelligence Authorization Act for Fiscal Year 2014, reported favorably to the House with amendments and that if Members wish to review the classified information, they should contact the committee’s director of security to arrange a time and date.
12:16:00 P.M.		Mr. Rogers (MI) asked unanimous consent that when the House adjourns today, it adjourn to meet at 10:00 a.m. on November 22. Agreed to without objection.
12:17:32 P.M.		ONE MINUTE SPEECHES – The House proceeded with further one minute speeches.
12:42:58 P.M.		SPECIAL ORDER SPEECHES – The House has proceeded to Special Order speeches without prejudice to the possible resumption of legislative business.
2:42:10 P.M.		United States Merchant Marine Academy – Pursuant to 46 U.S.C. 51312(b), and the order of the House of January 3, 2013, the Speaker appointed the following member of the House to the United States Merchant Marine Academy: Mr. King of NY.
2:42:15 P.M.		National Historical Publications and Records Commission – Pursuant to 44 U.S.C. 2501, and the order of the House of January 3, 2013, the Speaker appointed the following member of the House to the National Historical Publications and Records Commission: Mr. Barr (KY).
2:43:15 P.M.		Mr. Larson (CT) moved that the House do now adjourn.
2:43:25 P.M.		On motion to adjourn Agreed to by voice vote.
2:43:30 P.M.		The House adjourned pursuant to a previous special order.The next meeting is scheduled for 10:00 a.m. on November 22, 2013.

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