the Senate Convened at 9:30amET October 19, 2011

• Following any Leader remarks, the Senate will be in morning business for one
  hour with Senators permitted to speak therein for up to 10 minutes each with the
  Republicans controlling the first half and the Majority controlling the final
  half.
• Following morning business, the Senate will resume consideration of
  H.R.2112, the Agriculture, CJS, and Transportation/HUD Appropriations bill.  The
  time until 12:00pm will be equally divided and controlled between the Leaders or
  their designees.  At approximately 12:00pm, the Senate will conduct a roll call
  vote in relation to the McCain amendment #739 (critical surface transportation).
• Additional roll call votes are expected during WednesdayThe following amendments are pending to H.R.2112, the Agriculture, CJS, and
  Transportation/HUD Appropriations bill:
  • Inouye substitute amendment #738 (text of the 3 appropriations bills)
  • Webb amendment #750, as modified (National Criminal Justice Commission)
  • Kohl amendment #755 (spending plan)
  • Murray amendment #772 (reconstruction of highway facilities damaged by
    natural disasters or emergencies)
  • McCain amendment #741 (ethanol blender pumps and storage facilities)
  • Sanders amendment #816 (energy efficiency programs for small businesses)
  • Landrieu amendment #781 (farmer program loans)
  • Vitter amendment #769 (drug reimportation)
  • Coburn amendment #791 (prohibit funds for direct payments to individuals
    with income over $1M)
  • Coburn #792 (end payments to slumlords)

   

The previous order has been amended to consider 3 District Judges at noon.
There are now 2 roll call votes expected at approximately 12:10pm in
relation to the Mariani nomination and the McCain amendment #739.  The
details of the agreement are below.

At noon, the Senate will proceed to Executive Session to consider the
following nominations with 10 minutes of debate equally divided and controlled
between Senators Leahy and Grassley or their designees:

• Calendar #272, Mark Raymond Hornak to be US District Judge for the Western
  District of Pennsylvania
• Calendar #273, Robert David Mariani, to be US District Judge for the Middle
  District of Pennsylvania
• Calendar #274, Robert N. Scola, Jr., to be US District Judge for the
  Southern District of Florida

The Hornak and Scola nominations will be confirmed by unanimous consent; the
Mariani nomination will require a roll call vote.  The Senate will then resume
Legislative Session and consideration H.R.2112 with two minutes of debate
equally divided and controlled between Senators McCain and Boxer or their
designees prior to the vote in relation to the McCain amendment #739.

Senator Harkin asked unanimous consent the HELP Committee be authorized to meet
in Executive Session today for the consideration of a bill to reauthorize the
Elementary and Secondary Education Act.  Senator Paul then objected to Senator
Harkin’s request.

The Senate has reached an agreement that the next first degree amendments in order to be called up and made pending to H.R.2112 and the substitute amendment #738 be the following:

– Ayotte #753 (prohibit funds for coastal and marine spatial planning);

– Crapo #814 (implementation of provisions of title VII of Dodd-Frank Wall Street Reform);

– Moran #815 (Watershed Protection and Flood Prevention Act);

– Coburn #793 (Transparency in federally attended and funded conferences);

– Coburn #798, as modified, with the changes that are at the desk (prohibit funds for purchase of new passenger motor vehicles);

– DeMint #763 (prohibit funds to implement regulations regarding removal of essential-use designation for epinephrine);

– DeMint #764 (Eliminate increase in funding);

– Grassley #860 (accountability in federal grant programs administered by DOJ);

– Sessions #810 (prohibit funds to allow categorical eligibility for supplemental nutrition assistance program);

– Lautenberg #836 (additional funding for Economic Development Assistance Programs);

– Brown #874 (increase funds to carry out section 561 of the Housing and Community Development Act of 1987, with offset);

– Merkley #879 (limit appropriations for freight and rail transportation unless products used are manufactured in US);

– Bingaman #771 (funds to investigate trade violations);

– Gillibrand #869 (increase funding for emergency conservation/emergency watershed protection programs);

– Feinstein #855 (Farm Service Agency must enforce certain average adjusted gross income limitations); and

– Menendez #857 (extend loan limits for FHA, VA and others).

Further, that a motion to recommit from Senator Lee be in order; that, if offered, the motion be set aside and the Senate return to the consideration of the pending amendments.

The Ayotte amendment #753 (prohibit funds for prosecutions of enemy combatants in Article III Courts), the Crapo amendment #814 (implementation of title VII of Dodd-Frank Wall Street Reform) and the Merkley amendment #879 (limit appropriations for freight and rail transportation unless products used are manufactured in US) are now pending to H.R.2112, the Agriculture, CJS and Transportation/HUD Appropriations bill.

Additionally, Senator Vitter modified his amendment #769 (drug importation) with the changes at the desk.

The Moran amendment #815 (Watershed Protection and Flood Protection Act) and the Bingaman amendment #771, as modified with the changes at the desk (funds to investigate trade violations) are now pending to H.R.2112, the Agriculture, CJS, and Transportation/HUD Appropriations bill.

The following amendments are pending to H.R.2112, the Agriculture, CJS, and Transportation/HUD Appropriations bill:

• Inouye substitute amendment #738 (text of the 3 appropriations bills)
• Webb amendment #750, as modified (National Criminal Justice Commission)
• Kohl amendment #755 (spending plan)
• Murray amendment #772 (reconstruction of highway facilities damaged by natural disasters or emergencies)
• Sanders amendment #816 (energy efficiency programs for small businesses)
• Landrieu amendment #781 (farmer program loans)
• Vitter amendment #769, as modified (drug reimportation)
• Coburn amendment #791 (prohibit funds for direct payments to individuals with income over $1M)
• Coburn amendment #792, as modified (end payments to slumlords)
• Ayotte amendment #753 (prohibit funds for prosecutions of enemy combatants in Article III Courts)
• Crapo amendment #814 (derivatives – Dodd-Frank)
• Merkley amendment #879 (freight and rail products made in the US)
• Moran amendment #815 (spending levels for Watershed Protection)
• Bingaman amendment #771, as modified (funds to investigate trade violations)
• Grassley amendment #860 (DOJ Federal Grants)
• Menendez amendment #857 (extend loan limits for FHA, VA and others)
• Lee motion to recommit H.R.2112 (FY11 levels)
• Sessions amendment #810 (prohibit funds to allow categorical eligibility for supplemental nutrition assistance program)
• DeMint amendment #763 (epinephrine)
• DeMint amendment #764 (eliminate increase in funding)
• Lautenberg amendment #836 (Economic Development Assistance Program)

The following amendments have been considered and voted on

• Cornyn amendment #775, as modified (Operation Fast and Furious); Agreed to: 99-0
• McCain amendment #740 (eliminate TAA funding for firms); Not Agreed to: 44-55
• Collins amendment #804 (vegetables in school meal programs); Agreed to by Voice Vote
• McCain amendment #739 (critical surface transportation); Tabled: 59-39
• McCain amendment #741 (ethanol blender pumps and storage facilities); withdrawn

VOTES

12:10pm The Senate began a roll call vote on confirmation of Robert David
Mariani to be United States District Judge for the Middle District of
Pennsylvania; Confirmed: 82-17

The following amendments and motion are now pending to H.R.2112, the Agriculture, CJS, and Transportation/HUD Appropriations bill:

• Grassley amendment #860 (DOJ Federal Grants)
• Menendez amendment #857 (extend loans limits for FHA, VA and others)
• Lee motion to recommit the bill (FY2011 levels)
• Sessions amendment #810 (prohibit funds to allow categorical eligibility for supplemental nutrition assistance program)

Additionally, Senator Coburn modified his amendment #792 with the changes at the desk.

During Wednesday’s session of the Senate, Senator Reid filed cloture on the motion to proceed to Calendar #204, S.1723, the Teachers and First Responders Back to Work Act.

Senator McConnell then filed cloture on the motion to proceed to Calendar #205, S.1726, the Withholding Tax Relief Act.

Additionally, Senator Reid announced there will be no further roll call votes during today’s session of the Senate.

LEGISLATIVE ITEMS

Passed Calendar #125, S.894, the Veterans’ Compensation Cost-of-Living Adjustment Act of 2011

Adopted S.Res.299, designating October 2011 as “National Work and Family Month”.

Adopted S.Res.300, supporting the goals and ideals of Red Ribbon Week.

No EXECUTIVE ITEMS

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The next meeting is scheduled for 10:00 a.m. on October 21, 2011.