Senate Democrats

Agreement on joint resolutions of disapproval, H.R.674 and cloture on the motion to proceed to H.R.2354

The Senate has reached an agreement to consider S.J.Res.6, Net Neutrality/FCC (Hutchison), S.J.Res.27, Cross Border Air Pollution/EPA (Paul) and H.R.647, the 3% Withholding Repeal Act.  The votes with respect to these items, as well as a cloture vote on the motion to proceed to H.R.2354, the Energy and Water Appropriations bill will occur on Thursday, November 10, 2011.

At approximately 12:05pm, there will be up to 2 roll call votes in the following order:

  • Motion to proceed to S.J.Res.6, Net Neutrality/FCC (majority threshold) (2 minutes of debate)
  • Motion to proceed to S.J.Res.27, Cross Border Air Protection/EPA (majority threshold)

At approximately 2:30pm, there will be up to 4 roll call votes in the following order:

  • McCain second degree amendment #928 (the text of S.1720) (60-vote threshold)
  • Tester amendment #927 (the VOW to Hire Heroes Act)(60-vote threshold)
  • Passage of H.R.674, the 3% Withholding Repeal Act, as amended, if amended
  • Motion to invoke cloture on the motion to proceed to H.R.2354, the Energy and Water Appropriations bill (the expected vehicle for Energy & Water, Financial Services and Foreign Operations Appropriations bills)

The details of the agreement are below.

By unanimous consent, the motion to proceed to H.R.674, the 3% Withholding Repeal Act will be adopted. After the motion is adopted, the Majority Leader offered the Tester amendment #927. When the Senate resumes consideration of H.R.674 on Wednesday, November 8th, Senator McCain, or his designee, will be recognized to offer second degree amendment #928 (the text of S.1720). No other amendments, points of order or motions will be in order to either amendment or the bill prior to the votes other than budget points of order and the applicable motions to waive;

That following morning business on Wednesday, November 9th, the Senate will proceed to the consideration of the motion to proceed to S.J.Res.6 (Net Neutrality/FCC), with up to 4 hours of debate equally divided and controlled between the two Leaders or their designees.  Upon the use or yielding back of time, the Senate will resume consideration of H.R.674 (3% Withholding Repeal Act).

Further, that at 10am on Thursday, November 10th, the Senate will proceed to the consideration of the motion to proceed to S.J.Res.27 (Cross Border Air Pollution/EPA) with up to 2 hours of debate,e qually divided and controlled between the two Leaders or their designees. At noon, the Senate will resume consideration of the motion to proceed to S.J.Res.6 (Net Neutrality/FCC) with up to five minutes of debate, equally divided between the two Leaders, or their designees, prior to a vote on the motion to proceed to S.J.Res.6 (Net Neutrality/FCC);

Following the vote, the Senate then will proceed to a vote on the motion to proceed to S.J.Res.27 (Cross Border Air Pollution/EPA) with two minutes equally divided between the votes.

If either or both motions to proceed are agreed to, then further debate and votes on the joint resolutions will be deferred until 2:15pm on Tuesday, November 15th; with all other provisions of the previous orders regarding the joint resolutions remaining in effect.

At 2:15pm on Thursday, November 10th, the Senate will resume consideration of H.R.674 (3% Withholding Repeal Act) with up to 15 minutes of debate on the bill and amendments running concurrently, with the time equally divided between the two Leaders, or their designees; upon the use or yielding back of time, the Senate will proceed to votes in relation to the amendments to H.R.674 in the following order:

The McCain and Tester amendments will be subject to a 60 affirmative vote threshold; upon disposition of the amendments, the bill will be read a third time and the Senate will proceed to vote on passage of the bill, as amended, if amended.

Upon disposition of H.R.674, the Senate will proceed to vote on the motion to invoke cloture on the motion to proceed to H.R.2354, the Energy and Water Appropriations bill.

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