the Senate Convenes: 2:00pmET  May 21, 2012

• Following the prayer and pledge, the Majority Leader will be recognized.  It is his intention to resume consideration of the motion to proceed to Legislative Calendar #400, S.3187, the FDA user fees legislation.
• At 4:30pm, the Senate will proceed to Executive Session to consider Executive Calendar #552, the nomination of Paul J. Watford, of California, to be a United States Circuit Judge for the 9^th Circuit with up to one hour for debate equally divided and controlled between Senators Leahy and Grassley or their designees.  Upon the use or yielding back of time (at approximately 5:30p), the Senate will conduct a roll call vote on the motion to invoke cloture on the Watford nomination.
• If cloture is not invoked, the Senate will resume Legislative Session and conduct a 2^nd roll call vote on the motion to invoke cloture on the motion to proceed to Legislative Calendar #400, S.3187, the FDA user fees legislation.

When the Senate convened, Senator Reid renewed his motion to proceed to S.3187, the FDA bill.

By consent, cloture on the Watford nomination was vitiated. Under the previous order, at 4:30pm there will be one hour for debate and the Senate will then vote on confirmation of the nomination.

At 5:30pm today the Senate will proceed to a roll call vote on confirmation of Executive Calendar #552, the nomination of Paul J. Watford, of California, to be United States Circuit Judge for the Ninth Circuit.

Upon disposition of the nomination, the Senate will proceed to vote on the motion to invoke cloture on the motion to proceed to S.3187, the FDA bill.

By consent, cloture on the motion to proceed to S.3187, the FDA bill, was vitiated. At 2:15pm tomorrow, Tuesday, May 22, the motion to proceed will be adopted and the Harkin-Enzi substitute amendment will be agreed to and considered original text for the purposes of further amendment. The Majority Leader will then be recognized.

5:27pm The Senate began a roll call vote on confirmation of Executive Calendar #552, the nomination of Paul J. Watford, of California, to be United States Circuit Judge for the Ninth Circuit; Confirmed: 61-34

There will be no further roll call votes during Monday’s session of the Senate.

Following the vote, the Senate discharged the Foreign Relations Committee from further consideration of H.R.1905, Iran Threat Reduction Act, and the Senate proceeded to its consideration.

The Johnson(SD)-Shelby substitute amendment #2123, which is the text of Calendar #320, S.2101, the Iran Sanctions, Accountability, and Human Rights Act, as reported by the Banking Committee, was amended by the Johnson(SD)-Shelby amendment #2124, and then the substitute, as amended, was agreed to.

The Senate then passed H.R.1905, as amended, by voice vote.

WRAP UP

ROLL CALL VOTE

1)      Confirmation of Executive Calendar #552, Paul J. Watford, of California, to be United States Circuit Judge for the 9^th Circuit; Confirmed: 61-34

LEGISLATIVE ITEMS

Adopted S.Res.468, a resolution expressing the sense of the Senate with respect to childhood stroke and recognizing May as “National Pediatric Stroke Awareness Month.

Adopted S.Res.469, honoring the entrepreneurial spirit of small business concerns in the United States during National Small Business Week, which begins on May 20, 2012 by voice vote

No EXECUTIVE ITEMS

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REVIEW of 5/18 session below

CURRENT HOUSE FLOOR PROCEEDINGS

LEGISLATIVE DAY OF MAY 18, 2012

 112TH CONGRESS – SECOND SESSION

-The House adjourned. The next meeting is scheduled for 10:00 a.m. on May 22, 2012.3:21:51 P.M. –On motion to adjourn Agreed to by voice vote.3:21:50 P.M. -Mr. Woodall moved that the House do now adjourn.1:24:43 P.M. -SPECIAL ORDER SPEECHES – The House resumed Special Order speeches.1:22:38 P.M. -The Speaker laid before the House a message from the President transmitting a notification that the national emergency with respect to the stabilization of Iraq will continue in effect beyond May 22, 2012 – referred to the Committee on Foreign Affairs and ordered to be printed.1:13:55 P.M. -SPECIAL ORDER SPEECHES – The House has concluded all anticipated legislative business and has proceeded to Special Order speeches.1:08:35 P.M. -ONE MINUTE SPEECHES – The House proceeded with further one minute speeches.1:07:36 P.M. –SPEAKER‘S APPOINTMENT – Pursuant to section 703(c) of the Public Interest Declassification Act of 2000 (50 U.S.C. 435 note), and the order of the House of January 5, 2011, the Chair announced the Speaker’s reappointment of the following member on the part of the House to the Public Interest Declassification Board for a term of three years: Admiral William O. Studeman, Great Falls, Virginia.1:07:35 P.M. -SPEAKER’S APPOINTMENT – Pursuant to 22 U.S.C. 276L, and the order of the House of January 5, 2011, the Chair announced the Speaker’s appointment of the following Members of the House to the British-American Interparliamentary Group: Messrs. Petri, Crenshaw, Latta and Aderholt.1:06:34 P.M. -Mr. Bishop (UT) asked unanimous consent That, when the House adjourns on Tuesday, May 29, 2012, it adjourn to meet at 2 p.m. on Wednesday, May, 30, 2012. Agreed to without objection.1:06:19 P.M. -Mr. Bishop (UT) asked unanimous consent That, when the House adjourns on Friday, May 25, 2012, it adjourn to meet at 2 p.m. on Tuesday, May 29, 2012. Agreed to without objection.1:05:10 P.M. -Mr. Bishop (UT) asked unanimous consent That, when the House adjourns on Tuesday, May 22, 2012, it adjourn to meet at 10 a.m. on Friday, May 25, 2012. Agreed to without objection.1:05:02 P.M. -Mr. Bishop (UT) asked unanimous consent That, when the House adjourns on Friday, May 18, 2012, it adjourn to meet at 10 a.m. on Tuesday, May 22, 2012. Agreed to without objection.1:04:54 P.M. -H.R. 4849Motion to reconsider laid on the table Agreed to without objection.1:04:53 P.M. -H.R. 4849On motion that the House agree to the Senate amendment Agreed to without objection.1:04:38 P.M. -H.R. 4849Mr. Bishop (UT) asked unanimous consent that the House agree to the Senate amendment.1:03:39 P.M. -H.R. 4310The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 4310.1:01:38 P.M. -H.R. 4348Motion to reconsider laid on the table Agreed to without objection.1:01:37 P.M. -H.R. 4348On Rahall motion that the House instruct conferees Agreed to by recorded vote: 245 – 169 (Roll no. 293).12:54:23 P.M. -H.R. 4348Motion to reconsider laid on the table Agreed to without objection.12:54:22 P.M. -H.R. 4348On Barrow motion that the House instruct conferees Agreed to by the Yeas and Nays: 261 – 152 (Roll no. 292).12:48:21 P.M. -UNFINISHED BUSINESS – The Chair announced that the unfinished business was the question of adoption of motions to instruct conferees on H.R. 4348 which had been debated earlier and on which further proceedings had been postponed.12:47:47 P.M. -H.R. 4310The title of the measure was amended. Agreed to without objection.12:47:42 P.M. -H.R. 4310Motion to reconsider laid on the table Agreed to without objection.12:47:41 P.M. -H.R. 4310On passage Passed by recorded vote: 299 – 120 (Roll no. 291).12:40:17 P.M. -H.R. 4310On motion to recommit with instructions Failed by recorded vote: 182 – 236 (Roll no. 290).12:20:14 P.M. -H.R. 4310The previous question on the motion to recommit with instructions was ordered without objection.12:13:37 P.M. -H.R. 4310DEBATE – The House proceeded with 10 minutes of debate on the Garamendi motion to recommit with instructions. The instructions contained in the motion seek to protect American jobs by requiring that naval and U.S. flagged vessels providing service to the Federal Government may not be overhauled, repaired, or maintained in a shipyard outside the U.S. or Guam without a waiver from the Secretary of Defense.12:11:17 P.M. -H.R. 4310Mr. Garamendi moved to recommit with instructions to Armed Services.12:10:09 P.M. -H.R. 4310The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.12:09:46 P.M. -H.R. 4310The previous question was ordered pursuant to the rule.12:08:53 P.M. -H.R. 4310The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4310.12:08:41 P.M. -H.R. 4310On agreeing to the Price (GA) amendment; Agreed to by recorded vote: 379 – 38 (Roll no. 289).12:02:30 P.M. -H.R. 4310On agreeing to the Rehberg amendment Agreed to by recorded vote: 238 – 162 (Roll no. 288).11:38:55 A.M. -H.R. 4310UNFINISHED BUSINESS – The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.11:38:12 A.M. -H.R. 4310By unanimous consent, the Murphy (PA) amendment was withdrawn.11:34:57 A.M. -H.R. 4310DEBATE – Pursuant to the provisions of H. Res. 661, the Committee of the Whole proceeded with 10 minutes of debate on the Murphy (PA) amendment No. 133.11:34:54 A.M. -H.R. 4310An amendment, offered by Mr. Murphy (PA),  numbered 133 printed in House Report 112-485 to require that a proposal to reduce more than 1,000 members of the armed forces assigned at a military installation be transmitted via the Presidents budget request and include an evaluation of the fiscal, local economic, budgetary, environmental, strategic, and operational consequences of such closure or realignment and to allow an exception for national security or military emergency.11:33:20 A.M. -H.R. 4310On agreeing to the Flake amendment; Agreed to by voice vote.11:31:43 A.M. -H.R. 4310DEBATE – Pursuant to the provisions of H. Res. 661, the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment N0. 119.11:31:41 A.M. -H.R. 4310An amendment, offered by Mr. Flake,  numbered 119 printed in House Report 112-485 to require that a period of 30 days elapse between the date the Secretaries of Defense and State submit to Congress an update to the report on the strategy to utilize the Pakistan Counterinsurgency Fund and Congress making the remaining 90 percent of the funds available for assistance to Pakistan.11:30:37 A.M. -H.R. 4310POSTPONED PROCEEDINGS – At the conclusion of debate on the Price (GA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Price (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.11:26:10 A.M. -H.R. 4310DEBATE – Pursuant to the provisions of H. Res. 661, the Committee of the Whole proceeded with 10 minutes of debate on the Price (GA) amendment No. 111.11:26:06 A.M. -H.R. 4310An amendment, offered by Mr. Price (GA),  numbered 111 printed in House Report 112-485 to require the Department of Justice to order an investigation into the possible violation of U.S. law regarding numerous leaks of sensitive information involving U.S. and Israeli military, intelligence, and operational capabilities and to provide the Administration with 30 days after bill becomes law to begin its investigation and 60 days after enactment to report to Congress.11:25:19 A.M. -H.R. 4310On agreeing to the Hunter amendment; Agreed to by voice vote.11:20:25 A.M. -H.R. 4310DEBATE – Pursuant to the provisions of H. Res. 661, the Committee of the Whole proceeded with 10 minutes of debate on the Hunter amendment No. 77.11:20:15 A.M. -H.R. 4310An amendment, offered by Mr. Hunter,  numbered 77 printed in House Report 112-485 to require that the Navy, no later than 30 days after enactment, provide the Committee on House Armed Services with a report on the Navy’s review, findings and actions pertaining to Medal of Honor nominee Marine Corps Sergeant Rafael Peralta; and would require that the report account for all evidence submitted.11:19:29 A.M. -H.R. 4310POSTPONED PROCEEDINGS – At the conclusion of debate on the Rehberg amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Rehberg demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.11:10:10 A.M. -H.R. 4310DEBATE – Pursuant to the provisions of H. Res. 661, the Committee of the Whole proceeded with 10 minutes of debate on the Rehberg amendment No. 59.11:10:06 A.M. -H.R. 4310An amendment, offered by Mr. Rehberg,  numbered 59 printed in House Report 112-485 to ban any reductions to the strategic nuclear triad unless the Secretary of Defense certifies that: (1) further reductions in the Russia Federations arsenal are needed for compliance with New START limits; and (2) Russia is not developing or deploying nuclear delivery systems not covered by New START limits. Amendment would also protect all three legs of the nuclear triad from elimination.11:08:56 A.M. -H.R. 4310On agreeing to the McKeon amendments; Agreed to by voice vote.11:03:50 A.M. -H.R. 4310DEBATE – Pursuant to the provisions of H. Res. 661, the Committee of the Whole proceeded with 20 minutes of debate on the McKeon amendments en bloc #6.11:03:07 A.M. -H.R. 4310Amendments en bloc  offered by Mr. McKeon,  comprised of the following amendments printed in House Report 112-485: Nos. 92, 96, 103, 105, 108, 118, 121, 129, 131, 132, 134, 135, 136, 138, 139, and 141.11:02:33 A.M. -H.R. 4310On agreeing to the McKeon amendments; Agreed to by voice vote.10:58:06 A.M. -H.R. 4310DEBATE – Pursuant to the provisions of H. Res. 661, the Committee of the Whole proceeded with 20 minutes of debate on the McKeon Amendments En Bloc #5.10:58:00 A.M. -H.R. 4310Amendments en bloc  offered by Mr. McKeon,  comprised of the following amendments printed in House Report 112-485: Nos. 62, 64, 70, 72, 73, 76, 81, 82, 88, 90, 91, 99, 101, 112, and 130.10:57:37 A.M. -H.R. 4310On agreeing to the McKeon amendments; Agreed to by voice vote.10:53:53 A.M. -H.R. 4310DEBATE – Pursuant to the provisions of H. Res. 661, the Committee of the Whole proceeded with 20 minutes of debate on the McKeon Amendments En Bloc #4.10:53:45 A.M. -H.R. 4310Amendments en bloc  offered by Mr. McKeon,  comprised of the following amendments printed in House Report 112-485: Nos. 56, 58, 61, 67, 68, 78, 79, 106, 114, 113, 115, 116, 120, 122, 123, and 125.10:52:30 A.M. -H.R. 4310On agreeing to the Pearce amendment; Failed by recorded vote: 121 – 300 (Roll no. 287).10:48:07 A.M. -H.R. 4310On agreeing to the Franks (AZ) amendment; Agreed to by recorded vote: 241 – 181 (Roll no. 286).10:44:42 A.M. -H.R. 4310On agreeing to the Lee (CA) amendment; Failed by recorded vote: 77 – 344 (Roll no. 285).10:39:08 A.M. -H.R. 4310On agreeing to the Coffman (CO) amendment; Agreed to by recorded vote: 226 – 196 (Roll no. 284).10:35:53 A.M. -H.R. 4310On agreeing to the Duncan (SC) amendment; Agreed to by recorded vote: 229 – 193 (Roll no. 283).10:32:37 A.M. -H.R. 4310On agreeing to the Lee (CA) amendment; Failed by recorded vote: 170 – 252 (Roll no. 282).10:28:05 A.M. -H.R. 4310On agreeing to the Rigell amendment; Agreed to by recorded vote: 220 – 201 (Roll no. 281).10:24:55 A.M. -H.R. 4310On agreeing to the Price (GA) amendment; Agreed to by recorded vote: 241 – 179 (Roll no. 280).10:21:41 A.M. -H.R. 4310On agreeing to the Johnson (GA) amendment; Failed by recorded vote: 175 – 245 (Roll no. 279).10:18:21 A.M. -H.R. 4310On agreeing to the Johnson (GA) amendment; Failed by recorded vote: 160 – 261 (Roll no. 278).10:14:36 A.M. -H.R. 4310On agreeing to the Sablan amendment; Failed by recorded vote: 118 – 303 (Roll no. 277).10:11:14 A.M. -H.R. 4310On agreeing to the Cummings amendment; Agreed to by recorded vote: 394 – 27 (Roll no. 276).10:05:22 A.M. -H.R. 4310On agreeing to the Carson (IN) amendment; Failed by recorded vote: 180 – 241 (Roll no. 275).10:01:48 A.M. -H.R. 4310On agreeing to the Broun (GA) amendment; Failed by recorded vote: 164 – 256 (Roll no. 274).9:57:34 A.M. -H.R. 4310On agreeing to the Keating amendment; Failed by recorded vote: 192 – 229 (Roll no. 273).9:53:28 A.M. -H.R. 4310On agreeing to the Coffman (CO) amendment; Failed by recorded vote: 209 – 211 (Roll no. 272).9:49:35 A.M. -H.R. 4310On agreeing to the Gohmert amendment; Agreed to by recorded vote: 243 – 173 (Roll no. 271).9:46:06 A.M. -H.R. 4310On agreeing to the Smith (WA) amendment; Failed by recorded vote: 182 – 238 (Roll no. 270).9:17:00 A.M. -H.R. 4310UNFINISHED BUSINESS – The Chair announced that the unfinished business was on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.9:15:59 A.M. -H.R. 4310The House resolved into Committee of the Whole House on the state of the Union for further consideration.9:15:40 A.M. -H.R. 4310Considered as unfinished business. H.R. 4310 — “To authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2013, and for other purposes.”9:02:49 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.9:02:32 A.M. -PLEDGE OF ALLEGIANCE – The Chair designated Mr. Courtney to lead the Members in reciting the Pledge of Allegiance to the Flag.9:02:26 A.M. -The Speaker announced approval of the Journal.  Pursuant to clause 1, rule I, the Journal stands approved.9:01:17 A.M. -Today’s prayer was offered by the House Chaplain, Rev. Patrick J. Conroy.9:00:57 A.M. -The House convened, starting a new legislative day.