the Senate Convened at 10:00amET October 20, 2011

• Following any Leader remarks, the Senate will resume consideration of H.R.2112, the Agriculture, CJS, and Transportation/HUD Appropriations bill.
• At 12:00pm, the Senate will proceed to Executive Session to consider the nomination of Heather Higginbottom to be Deputy Director of the Office of Management and Budget with two minutes of debate equally divided and controlled between Senators Conrad and Sessions or their designees.
• At approximately 12:02pm, the Senate will conduct up to 3 roll call votes in relation to the following:

• Confirmation of Executive Calendar #78, the nomination of Heather A. Higginbottom, of the District of Columbia, to be Deputy Director of the Office of Management and Budget
• Vitter amendment #769, as modified (drug importation) (60-vote threshold);
• Webb amendment #750 (Criminal Justice Commission) (60-vote threshold);
• At approximately 2:00pm, the Senate will conduct up to 4 roll call votes in relation to the following:

• Merkley amendment #879, to be modified with the changes at the desk (freight and rail products made in the US)
• Brown amendment #874, to be modified with the changes at the desk (Fair Housing Initiatives Program) (60-vote threshold)
• Moran amendment #815 (Watershed Protection and Flood Prevention Act)
• Grassley amendment #860 (DOJ Federal Grants) (60-vote threshold)
• Additional roll call votes in relation to amendments H.R.2112 are expected during Thursday’s session in an effort to complete action on the bill.  As a reminder to all Senators, Senator Reid filed cloture on the substitute amendment and the bill during Wednesday’s session of the Senate.
• Also 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.  Additionally, Senator McConnell filed cloture on the motion to proceed to Calendar #205, S.1726, the Withholding Tax Relief Act.

The filing deadline for all first degree amendments to the Inouye substitute amendment #738 and H.R.2112, the Agriculture, CJS, and Transportation/HUD Appropriations bill is 1:00pm today.  If your Senator has a germane first degree amendment and would like to preserve his or her right to offer, please send a signed copy of the amendment to the cloakroom prior to the deadline.  If you have already filed, there is no need to re-file.

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)
• Kohl amendment #755 (spending plan)
• Landrieu amendment #781 (farmer program loans)
• 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)
• Gillibrand amendment #869 (increase funding for emergency conservation/emergency watershed protection programs)

The following amendments have been considered:

• 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
• Sanders amendment #816 (energy efficiency programs for small businesses); Agreed to by Unanimous Consent
• Coburn amendment #793 (transparency in federally attended and funded conferences); Agreed to by Unanimous Consent
• Coburn amendment #798, as modified (prohibit funds for purchase of new passenger motor vehicles); Agreed to by Unanimous Consent
• Murray amendment #772 (reconstruction of highway facilities damaged by natural disasters or emergencies); Withdrawn
• Vitter amendment #769, as modified (drug reimportation) Not Agreed To: 45-55 (60-vote threshold)
• Webb amendment #750, as modified (National Criminal Justice Commission)  Not Agreed To: 57-43 (60-vote threshold)

At approximately 12:00pm today, the Senate will conduct up to 3 roll call votes in relation to the following:

• Confirmation of Executive Calendar #78, the nomination of Heather A. Higginbottom, of the District of Columbia, to be Deputy Director of the Office of Management and Budget
• Vitter amendment #769, as modified (drug importation) (60-vote threshold);
• Webb amendment #750 (Criminal Justice Commission) (60-vote threshold);

1:00pm filing deadline for all first degree amendments.

At approximately 2:00pm today, the Senate will conduct up to 4 roll call votes in relation to the following:

• Merkley amendment #879, to be modified with the changes at the desk (freight and rail products made in the US)
• Brown amendment #874, to be modified with the changes at the desk (Fair Housing Initiatives Program) (60-vote threshold)
• Moran amendment #815 (Watershed Protection and Flood Prevention Act)
• Grassley amendment #860 (DOJ Federal Grants) (60-vote threshold)

Additional roll call votes are expected today in an effort to complete action on H.R.2112.

We also hope to vote on confirmation of John Bryson to be Secretary of Commerce.

Additionally, cloture was filed on the motions to proceed to S.1723, the Teachers and First Responders Back to Work Act and S.1726, the Withholding Tax Relief Act.  Unless an agreement is reached, these cloture votes will occur on Friday.

By unanimous consent, the Murray amendment #772 (reconstruction of highway facilities damaged by natural disasters or emergencies) was withdrawn.

VOTES

12:52pm The Senate began a roll call vote on Webb amendment #750 (To establish a National Criminal Justice Commission) Not Agreed To: 57-43

12:02pm The Senate began a roll call vote on the Merkley amendment #879 (rail freight manufactured in the US) (60-vote threshold) Not Agreed To: 55-44

The Senate agreed to the Moran amendment #815 by voice vote.

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)
• Kohl amendment #755 (spending plan)
• Landrieu amendment #781 (farmer program loans)
• 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)
• Bingaman amendment #771, as modified (funds to investigate trade violations)
• 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)
• Gillibrand amendment #869 (increase funding for emergency conservation/emergency watershed protection programs)

The following amendments have been considered and VOTES taken

• 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
• Sanders amendment #816 (energy efficiency programs for small businesses); Agreed to by Unanimous Consent
• Coburn amendment #793 (transparency in federally attended and funded conferences); Agreed to by Unanimous Consent
• Coburn amendment #798, as modified (prohibit funds for purchase of new passenger motor vehicles); Agreed to by Unanimous Consent
• Murray amendment #772 (reconstruction of highway facilities damaged by natural disasters or emergencies); Withdrawn
• Vitter amendment #769, as modified (drug reimportation) Not Agreed To: 45-55 (60-vote threshold)
• Webb amendment #750, as modified (National Criminal Justice Commission)  Not Agreed To: 57-43 (60-vote threshold)
• Merkley amendment #879 (freight and rail products made in the US) (60-vote threshold); Not Agreed to: 55-44
• Brown (OH) amendment #874, as modified (Fair Housing Initiatives Program); Agreed to by Voice Vote
• Moran amendment #815, as modified (spending levels for Watershed Protection); Agreed to by Voice Vote
• Grassley amendment #860 (DOJ Federal Grants)(60-vote threshold); Not Agreed to: 46-54

7:23pm The Senate began a roll call vote on confirmation of John Edgar Bryson to be Secretary of Commerce; Confirmed: 74-26

We are close to reaching an agreement to begin a long series of roll call votes shortly—in the next 5-10 minutes or so. The first votes will be on the following:

–         Cloture on the motion to proceed to S.1723, Teachers and First Responders Back to Work Act of 2011

–         Cloture on the motion to proceed to S.1726, Withholding Tax Relief Act of 2011

Further, we expect to lock in an agreement on a path forward on HR, 2112, the Agriculture/CJS/THUD appropriations bill. The subsequent votes will be in relation to the appropriations bill.

When the agreement is reached, another message will be sent.

The Senate will conduct up to 27 votes, with 17 expected roll call votes, in relation to the following shortly:

– cloture on the motion to proceed to S.1723

– cloture on the motion to proceed to S.1726

– Landrieu #781, as modified, with the changes which are at the desk (expected voice vote);

– Kohl #755 (expected voice vote);

-Vitter #917 to Menendez #857 (60-vote threshold);

– Menendez #857 (60-vote threshold);

– Gillibrand #869;

– Lautenberg #836;

– Bingaman #771, as modified (expected voice vote);

– Sessions #810 (60-vote threshold);

– Coburn #791;

– Coburn #792 (60-vote threshold);

– Coburn #796 (60-vote threshold);

– Coburn #800;

– Paul #821 (60-vote threshold);

– Portman #859 (expected voice vote);

– McCain #892 (expected voice vote);

– Cantwell #893, as modified with the changes that are at the desk (expected voice vote);

– Cochran #805 (expected voice vote);

– Burr #890 (expected voice vote);

– DeMint #763;

– Inouye #918 (expected voice vote);

– Ayotte #753 (60-vote threshold);

– Crapo #814 (60-vote threshold);

– Kyl #919(expected voice vote); and

– Lee Motion to Recommit.

– Cloture on the substitute amendment #738

That there will be no amendments or points of order against any of the amendments in order prior to the votes other than budget points of order.

There will be two minutes equally divided in the usual form prior to each vote; all votes after the first vote will be 10 minute in duration.

If cloture is invoked, the substitute amendment will be agreed to and the Senate will resume consideration of the bill at 4:00pm, Monday, October 31st and proceed to votes in relation to any remaining germane pending amendments in the order they were offered; further, upon disposition of any pending germane amendments, the bill, as amended, will be read a third time, and the Senate will proceed to vote on passage of the bill with no intervening action or debate; when the Senate receives a message from the House with respect to H.R.2112, the Senate will insist on its amendment, request, or agree to, a conference with the House on the disagreeing votes of the two Houses; and the Chair will be authorized to appoint the following conferees – Kohl, Harkin, Feinstein, Johnson (SD), Nelson (NE), Pryor, Brown (OH), Inouye, Murray, Mikulski, Blunt, Cochran, McConnell, Collins, Moran, Hoeven, Hutchison and Shelby.

If cloture is not invoked on the substitute amendment #738, as amended, cloture on the underlying bill be vitiated; and the bill be returned to the calendar in status quo.

9:55pm The Senate began a roll call vote on the motion to invoke cloture on the Reid motion to proceed to S.1723, Teachers and First Responders Back to Work Act of 2011. Not Agreed To: 50-50

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