1)      Confirmation of Executive Calendar # 91, the nomination of Ernest J. Moniz, of Massachusetts, to be Secretary of Energy; Confirmed: 97-0

LEGISLATIVE ITEMS

Passed S.982, to prohibit the Corps of Engineers from taking certain actions to establish a restricted area prohibiting public access to waters downstream of a dam.

Adopted S.Res.145, a resolution Promoting minority health awareness and supporting the goals and ideals of National Minority Health Month in April 2013 to bring attention to the health disparities faced by minority populations such as American Indians and Alaska Natives, Asians, Blacks or African Americans, Hispanics or Latinos, and Native Hawaiians and other Pacific Islanders.

Adopted S.Res.146, designating the week of May 12 through May 18, 2013 as “National Police Week.”

Adopted S.Res.147, recognizing National Foster Care Month as an opportunity to raise awareness about the challenges of children in the foster care system, and encouraging Congress to implement policy to improve the lives of children in the foster care system.

Adopted S.Res.148, designating May 18, 2013, as “National Kids to Parks Day”.

Adopted S.Con.Res.16, a concurrent resolution authorizing the use of Emancipation Hall in the Capitol Visitor Center for the unveiling of a statue of Frederick Douglass.

No additional EXECUTIVE ITEMS

Executive Calendar #45, Sheri Polster Chappell, of Florida, to be United States District Judge for the Middle District of Florida; and

Executive Calendar #46, Michael J. McShane, of Oregon, to be United States District Judge for the District of Oregon.

There will be 30 minutes for debate equally divided in the usual form. Upon the use or yielding back of time, the Senate will proceed to vote without intervening action or debate on the nominations in the order listed. If all time is used, at approximately 5:30pm on Monday the Senate will vote in relation to the above listed amendments.

Further, at a time to be determined by the Majority Leader, after consultation with the Republican Leader, the Senate will proceed to Executive Session to consider the following nominations:

Executive Calendar #11 Mark A. Barnett, of Virginia, to be a Judge of the United States Court of International Trade; and

Executive Calendar #12 Claire R. Kelly, of New York, to be a Judge of the United States Court of International Trade.

There will be 30 minutes for debate equally divided in the usual form. Upon the use or yielding back of time, the Senate will proceed to vote without intervening action or debate on the nominations in the order listed.

Senator Blumenthal objected and asked that in lieu of S.Res.133, the HELP Committee be discharged from further consideration of S.Res.134, A resolution expressing the sense of the Senate that all incidents of abusive, unsanitary, or illegal health care practices should be condemned and prevented and the perpetrators should be prosecuted to the full extent of the law; the resolution be agreed to; the Blumenthal amendment to the preamble (to reflect the outcome of the court case), which is at the desk, be agreed to; and the preamble, as amended, be agreed to; with no intervening action or debate.

Senator Lee objected to Blumenthal’s request.

Senator Lee asked that Murray modify her request to make it not in order to consider any conference report that includes reconciliation instructions to raise the debt limit. Senator Murray declined to modify her request. Senator Lee objected to Murray’s request.

Senator Sessions then asked consent that at a time to be determined the Senate proceed to H.Con.Res.25, House passed Budget resolution. Senator Murray objected.

Confirmed: 97-0

Upon the use or yielding back of time (at approximately 2:00pm), there will be a roll call vote on confirmation of the Moniz nomination.

During Wednesday’s session of the Senate, the Senate reached an agreement that on Monday, May 20^th, at a time to be determined by the Majority Leader, after consultation with the Republican Leader, the Senate proceed to the consideration of Calendar #73, S.954, the Farm bill.

ROLL CALL VOTES

1)      Coburn amendment #815 (beach nourishment) to S.601, the Water Resources Development Act; Not Agreed to: 43-53

2)      Coburn amendment #816 (Infrastructure Deauthorization Commission projects); Not Agreed to: 35-61

3)      Merkley-Brown amendment #866 (use of American iron, steel, and manufactured goods); Agreed to: 60-36

4)      Passage of S.601, WRDA, as amended; Passed: 83-14

5)      Confirmation of Executive Calendar #40 William H. Orrick, III, of California, to be United States District Judge for the Northern District of California; Confirmed: 56-41

6)      Confirmation of Executive Calendar #92, Marilyn B. Tavenner, of Virginia, to be Administrator of the Centers for Medicare and Medicaid Services; Confirmed: 91-7

LEGISLATIVE ITEMS

Adopted S.Res.142, designating May 15^th, 2013, as “National MPS (Mucopolysaccharidosis) Awareness Day”.

Completed the Rule 14 process of S. 953, the Student Loan Affordability Act. (Reed)

No additional EXECUTIVE ITEMS

Confirmed: 91-7

Confirmed: 56-41

Senator McConnell asked that the request be modified so that it not be in order for the Senate to consider a conference report that includes tax increases or reconciliation instructions to increase taxes or raise the debt ceiling.

Senator Wyden objected to modifying the request.

Senator McConnell then objected to the original request.

At 2:00pm today, the Senate will proceed to Executive Session to consider Executive Calendar #40 William H. Orrick, III, of California, to be United States District Judge for the Northern District of California; and Executive Calendar #92, Marilyn B. Tavenner, of Virginia, to be Administrator of the Centers for Medicare and Medicaid Services, en bloc.

The time until 4:30 pm, will be equally divided in the usual form, with Senator Baucus in control of the time from 4:15 to 4:30pm. Upon the use or yielding back of time the Senate will proceed to vote without intervening action or debate on the nominations in the order listed. There will be two minutes for debate between the votes. The second vote be 10 minutes in length.

4:30pm votes:

-         Executive Calendar #40 William H. Orrick, III, of California, to be United States District Judge for the Northern District of California; and

-         Executive Calendar #92, Marilyn B. Tavenner, of Virginia, to be Administrator of the Centers for Medicare and Medicaid Services

Passed: 83-14

Agreed To: 60-36

• Coburn amendment #805 (Army Corps land/guns) Not Agreed to: 56-43 (60-vote threshold)
• Whitehouse amendment #803 (oceans) Agreed to: 68-31 (60-vote threshold)
• Boxer-Vitter substitute amendment #799 Agreed to by UC
• Brown amendment #813, as modified (Asian carp) Agreed to: 95-0
• Pryor amendment #801, as modified (farms) Agreed to by UC
• Pryor amendment #806 (work-in-kind) Agreed to by UC
• Inhofe amendment #835, with a modification to the instruction lines (rural water infrastructure projects) Agreed to by UC
• McCain amendment #833 (levee safety programs) Agreed to by UC
• Murray amendment #832 (cargo noncontainer) Agreed to by UC
• Blunt amendment #800 (resilient construction techniques for extreme weather) Agreed to by UC
• Sessions amendment #811, as modified (Tennessee Valley Authority to grant restrictions) Agreed to by UC
• Coburn amendment #823 (Infrastructure Deauthorization Commission) Agreed to by UC
• Warner amendment #873 (4 Mile Run) Agreed to by UC
• Baucus amendment #847 Agreed to by UC
• Boxer-Vitter amendment #899, as modified Agreed to by UC
• Inhofe amendment #895 Agreed to by UC
• Wicker amendment #894 Agreed to by UC
• Inhofe amendment #867 Agreed to by UC
• Boozman amendment #872 Agreed to by UC
• Thune amendment #912 Agreed to by UC
• Cornyn amendment #880 Agreed to by UC
• Murkowski amendment #904 Agreed to by UC
• Klobuchar amendment #884 Agreed to by UC
• Wyden amendment #870, as modified Agreed to by UC
• Cochran amendment #911, as modified Agreed to by UC
• Carper amendment #882 Agreed to by UC
• Murkowski amendment #903, as modified Agreed to by UC
• Durbin amendment #906, as modified Agreed to by UC
• Levin amendment #893 Agreed to by UC
• Collins amendment #898 Agreed to by UC
• Cardin amendment #861, as modified Agreed to by UC
• Brown-Graham amendment #907 Agreed to by UC
• Wyden amendment #896 Agreed to by UC
• Inhofe amendment #797 Agreed to by UC
• Barrasso amendment #868 Not Agreed to: 52-44
• Sanders amendment #889 Not Agreed to: 56-40
• Coburn amendment #815 (beach nourishment) Not Agreed To: 43-53
• Coburn amendment #816 (Infrastructure Deauthorization Commission projects) Not Agreed to: 35-61
• Boozman amendment #822 (recreational lands pass programs for military) Agreed to by voice vote
• Merkley amendment #866 (use of American iron, steel, and manufactured goods) Agreed to: 60-36
• Hoeven amendment #909 (surplus water charges), as modified Agreed to by voice vote

Not Agreed To: 35-61

Not Agreed To: 43-53

The first vote will be the usual 15 minute vote and the remaining votes will be 10 minutes in duration. Senator Reid intends to close the votes as quickly as possible. Senators are encouraged to remain on or close to the floor during the vote series.

Last week we were able to reach short time agreements on the Tavenner (CMMS) and Orrick (Northern District Judge of CA) nominations. Senator Reid intends to execute those orders later today. Senators will be notified when the votes are scheduled.

10:30am votes:

-           Coburn amendment #815 (beach nourishment);

-           Coburn amendment #816 (Infrastructure Deauthorization Commission projects);

-           Merkley amendment #866 (use of American iron, steel, and manufactured goods);

-           Udall(NM) amendment #853 (pilot program);

-           Hoeven amendment #909 (surplus water charges);

-           Boozman amendment #822 (recreational lands pass programs);

-           Passage of S.601, as amended.

Tavenner Agreement:

At a time to be determined by the Majority Leader, in consultation with the Republican Leader, the Senate will proceed to Executive Session to consider Executive Calendar #92 the nomination of Marilyn B. Tavenner, of Virginia, to be Administrator of the Centers for Medicare and Medicaid Services. There will be 1 hour for debate equally divided in the usual form prior to a vote on confirmation of the nomination.

Orrick Agreement:

At a time to be determined by the Majority Leader, in consultation with the Republican Leader, there will be up to 1 hour for debate equally divided and controlled prior to a vote on confirmation of Executive Calendar #40, the nomination of William H. Orrick, III, of California, to be United States District Judge for the Northern District of California.

1)      Barrasso amendment #868 (water rights) (60-vote threshold); Not Agreed To: 52-44 (60-vote threshold)

2)      Sanders #889 (restoration of certain properties impacted by natural disasters); Not Agreed To: 56-40 (60-vote threshold)

LEGISLATIVE ITEMS

Adopted S.Res.140, Commemorating and acknowledging the dedication and sacrifices made by the Federal, State, and local law enforcement officers who have been killed or injured in the line of duty.

Adopted S.Res.141, A resolution recognizing the goals of National Travel and Tourism Week and honoring the valuable contributions of travel and tourism to the United States.

Began the Rule 14 process of S.953, the Student Loan Affordability Act. (Reed)

No EXECUTIVE ITEMS

Senator McConnell asked that the request be modified so that it not be in order for the Senate to consider a conference report that includes tax increases or reconciliation instructions to increase taxes or raise the debt ceiling.

Senator Warner objected to modifying the request.

Senator McConnell then objected to the original request.

Not Agreed To: 56-40

At 5:06pm the Senate began a 15 minute roll call vote on Barrasso amendment #868 (water rights) (60-vote threshold);

Not Agreed To: 52-44

Next Vote:

Sanders #889 (restoration of certain properties impacted by natural disasters)

At 5pm today, the Senate will vote in relation to the Barrasso amendment #868 (water rights) and Sanders #889 (restoration of certain properties impacted by natural disasters). Both amendments are subject to 60-affirmative vote threshold. Following the votes, the Senate will turn to a period of morning business with senators permitted to speak therein for up to 10 minutes each. When the Senate resumes consideration of S.601, WRDA, tomorrow (expect around 11:15am), we will resume the voting sequence in the previous order. The first vote in each series will be 15 minute votes and the subsequent votes will be 10 minutes in duration.

5pm votes

-          Inhofe amendment #797 (land exchange) **expect voice vote

-          Barrasso amendment #868 (water rights)

-          Sanders #889 (restoration of certain properties impacted by natural disasters)

Tomorrow’s roll call votes (approx. 11:15am)

-          Coburn #815 (beach renourishment);

-          Coburn #816 (Infrastructure Deathourization Commission projects);

-          Merkley #866 (use of American iron, steel, and manufactured goods);

-          Udall(NM) #853 (pilot program);

-          Hoeven #909 (surplus water charges);

-          Boozeman #822 (recreational lands pass programs);

-          Passage of S.601, as amended.

After some debate between Senators Landrieu and Toomey, Senator Boxer asked the same consent without the Landrieu and Johnson (SD) amendments.

Senator Rubio reserved his right to object and asked that the Rubio amendment #892 (IRS) be in order. Senator Boxer reminded the Senate that this is a water resources bill and did not agree to include the Rubio amendment in the agreement. Senator Rubio did not object to the overall agreement on the WRDA bill and the request was agreed to.

As a result of this agreement, we will not have a cloture vote on the bill. We expect a series of 2 votes beginning at 5:00pm tonight. Most likely candidates for roll call votes tonight are Barrasso #868 and Sanders #889. Inhofe #797 will likely be a voice vote. We expect to resume voting in relation to the remaining amendments and passage at a time to be determined tomorrow.

The following amendments will be considered and agreed to, en bloc:

-          Baucus #847;

-          Boxer-Vitter #899, as modified;

-          Inhofe #895;

-          Wicker #894;

-          Inhofe #867;

-          Boozman #872;

-          Thune #912;

-          Cornyn #880;

-          Murkowski #904;

-          Klobuchar #884;

-          Wyden #870, as modified;

-          Cochran #911, as modified;

-          Carper #882;

-          Murkowski #903, as modified;

-          Durbin #906, as modified;

-          Levin #893;

-          Collins #898;

-          Cardin #861, as modified;

-          Brown-Graham #907; and

-          Wyden #896.

Further, that the only remaining amendments in order to the bill be the following:

-          Inhofe #797;

-          Barrasso #868 (60 affirmative vote threshold);;

-          Sanders #889 (60 affirmative vote threshold);

-          Coburn #815;

-          Coburn #816;

-          Merkley #866;

-          Udall(NM) #853;

-          Hoeven #909; and

-          Boozeman #822

No second degree amendments are in order to any of the amendments prior to votes in relation to the amendments. The time until 5:00pm will be equally divided between the two Leaders, or designees, for debate on the amendments. At 5:00pm, the Senate will proceed to vote in relation to the amendments in the order listed. All after the first vote will be ten minute votes. There will be two minutes equally divided prior to each vote. The following amendments are subject to a 60 affirmative vote threshold:  Sanders #889; Barrasso #868.

Finally, upon disposition of the Hoeven amendment #909, the cloture motion be withdrawn and the Senate proceed to vote on passage of S.601, as amended.

If we are unable to reach an agreement, we will proceed to the cloture vote at 2:30pm. If cloture is invoked, it will be considered as having been invoked at 12:00 noon.

The managers of the bill continue to negotiate an agreement to complete action on the WRDA bill. Last night we hotlined a list of amendments that could either be agreed to or would require a vote. We believe we are close to being able to lock in an agreement to limit amendments and vitiate cloture, but, as always, that takes consent and we’re not quite there yet. Another message will be sent if and when an agreement is reached. If no agreement can be reached, at approximately 12:00 noon the Senate will proceed to a roll call vote on the motion to invoke cloture on S.601, WRDA.

No LEGISLATIVE ITEMS

No EXECUTIVE ITEMS

Senator Reid said on the floor this afternoon that the managers are close to reaching an agreement to complete action of the WRDA bill. If an agreement can be reached, we could be in a position to vote in relation to amendments and passage of the bill Tuesday and/or Wednesday. However, if an agreement cannot be reached, the cloture vote on the bill would occur at approximately 12:00 noon tomorrow, Tuesday, May 14.

The filing deadline for first degree amendments is 4:00pm on Monday, May 13. If your senator have a germane first degree amendment and would like to preserve the right to offer, please send a signed copy of the amendment to the cloakroom prior to the deadline so that we may file it at the desk for you. If you have already filed, there is no need to re-file.

The cloture vote will occur at 12:00 noon on Tuesday, May 14.

The managers of the bill will work over the weekend on an agreement to complete action of the WRDA bill. If an agreement can be reached, we would seek to vitiate the cloture vote.

1)      Confirmation of Executive Calendar #41, the nomination of Nelson Stephen Roman, of New York, to be District Judge for the Southern District of New York Confirmed: 97-0

LEGISLATIVE ITEMS

Passed H.R. 360, to award posthumously a Congressional Gold Medal to Addie Mae Collins, Denise McNair, Carole Robertson, and Cynthia Wesley to commemorate the lives they lost 50 years ago in the bombing of the Sixteenth Street Baptist Church.

Adopted S. Res.136, recognizing the 60^th anniversary of the Korean War Armistice and the Mutual Defense Treaty of 1953, and congratulating Park Geun-Hye on her election to the Presidency of the Republic of Korea.

Adopted S.Res.137, designating May 2013 as “Older Americans Month”.

Adopted S.Res.138, Congratulating the students, parents, teachers, and administration of charter schools across the United States for their ongoing contributions to education, and supporting the ideals and goals of the 14^th annual National Charter Schools Week, to be celebrated the week of May 5 through May 11, 2013.

EXECUTIVE ITEMS

Confirmed Executive Calendar #39, the nomination of Shelly Decker Dick, of Louisiana, to be a District Judge for the Middle District of Louisiana by voice vote.

At a time to be determined by the Majority Leader, in consultation with the Republican Leader, the Senate will proceed to Executive Session to consider Executive Calendar #92 the nomination of Marilyn B. Tavenner, of Virginia, to be Administrator of the Centers for Medicare and Medicaid Services. There will be 1 hour for debate equally divided in the usual form prior to a vote on confirmation of the nomination.

-          Inhofe #797 (land exchange).

No second degree amendments are in order to the amendment prior to a vote in relation to the amendment.

The following amendments were agreed to by consent:

-          Blunt #800 (resilient construction techniques for extreme weather)

-          Sessions #811, as modified with the changes that are at the desk (Tennessee Valley Authority to grant restrictions);

-          Coburn #823 (Infrastructure Deauthorization Commission); and

-          Warner #873 (4 Mile Run).

There will be no further roll call votes this week.

The Senate has resumed consideration of S.601, Water Resources Development Act. A few senators are now speaking as if in morning business while the managers of the bill work on an agreement to consider additional amendments. The Majority Leader has not announced there would be no more votes, however, the likelihood of reaching an agreement to conduct roll call votes this afternoon seems to be dwindling.

Confirmed: 97-0

Up to 2 roll call votes at approximately 2:00pm:

• Confirmation of Executive Calendar #39, the nomination of Shelly Decker Dick, of Louisiana, to be a District Judge for the Middle District of Louisiana; and
• Confirmation of Executive Calendar #41, the nomination of Nelson Stephen Roman, of New York, to be District Judge for the Southern District of New York

Upon disposition of the nominations, the Senate will resume consideration of S.601, Water Resources Development Act. As a reminder, we reached an agreement yesterday that the next amendment in order is the Blunt amendment #800 (resilient construction techniques for extreme weather). The managers of the bill are working on moving the bill forward.

Senator McConnell asked that the request be modified so that it not be in order for the Senate to consider a conference report that includes tax increases or reconciliation instructions to increase taxes or raise the debt ceiling.

Senator Murray objected to modifying the request.

Senator McConnell then objected to the original request.

At a time to be determined by the Majority Leader, after consultation with the Republican Leader, the Senate will proceed to Executive Session to consider the following nominations:

-          Executive Calendar # 39 Shelly Deckert Dick, of Louisiana, to be United States District Judge for the Middle District of Louisiana, and

-          Executive Calendar #41 Nelson Stephen Roman, of New York, to be District Judge for the Southern District of New York.

There will be 30 minutes for debate equally divided in the usual form. Upon the use or yielding back of time the Senate will proceed to vote without intervening action or debate on the nominations in the order listed.

1)      Coburn amendment #805 (Army Corps land/guns) to S.601, the Water Resources Development Act; Not Agreed to: 56-43 (60-vote threshold)

2)      Whitehouse amendment #803 (oceans); Agreed to: 68-31 (60-vote threshold)

3)      Brown amendment #813, as modified (Asian carp); Agreed to: 95-0

LEGISLATIVE ITEMS

Passed S.622, an original bill to amend the Federal Food, Drug, and Cosmetic Act to authorize user fee programs relating to new animal drugs and generic new animal drugs.

Adopted H.Con.Res.32, authorizing the use of the Capitol Grounds for the National Honor Guard and Pipe Band Exhibition.

Discharged the HELP committee and adopted S.Res.126, recognizing the teachers of the United States for their contributions to the development and progress of our country.

Completed the Rule 14 process of S.888, the End User Exemptions from provisions of the Commodity Exchange Act. (Johanns)

No EXECUTIVE ITEMS

-          Pryor #801, as modified with the changes that are at the desk (farms);

-          Pryor #806 (work-in-kind);

-          Inhofe #835, with a modification to the instruction lines (rural water infrastructure projects);

McCain #833 (levee safety programs);

Agreed To: 95-0

Senator Blumenthal then asked consent to adopt an alternative resolution expressing the sense of the Senate that all incidents of abusive, unsanitary, or illegal health care practices should be condemned and prevented and the perpetrators should be prosecuted to the full extent of the law.

Senator Lee objected to Senator Blumenthal’s request and Senator Blumenthal objected to Senator Lee’s request.

• Blunt #800 (resilient construction techniques for extreme weather)
• Pryor #806 (provide work-in-kind credit)
• Inhofe #835 (rural water infrastructure projects)

No second degree amendments are in order prior to votes in relation to the amendments. We will work on time agreements on the amendments. Senators will be notified when any votes are scheduled.

Agreed To: 68-31 (60-affirmative vote threshsold)

Not Agreed to: 56-43

-          Coburn amendment #805 (Army Corps lands/guns); and

-          Whitehouse amendment #803 (oceans).

1)      Confirmation of Executive Calendar #42, the nomination of David Medine, of Maryland, to be Chairman and Member of the Privacy and Civil Liberties Oversight Board; Confirmed: 53-45

LEGISLATIVE ITEMS

Passed H.R.1071, a bill to specify the size of the precious-metal blanks that will be used in the production of the National Baseball Hall of Fame commemorative coins.

Discharged the Judiciary committee and adopted S. Res. 127, Commemorating the 10-year anniversary of the loss of the State symbol of New Hampshire, the Old Man of the Mountain.

Adopted S.Res.130, designating the week of May 1 through May 7, 2013, as “National Physical Education and Sport Week”.

Began the Rule 14 process of S.888, the End User Exemptions from provisions of the Commodity Exchange Act. (Johanns)

No additional EXECUTIVE ITEMS

-          Coburn #804 (ammunition);

-          Coburn #805 (Army Corps lands/guns); and

-          Whitehouse #803 (oceans).

No second degree amendments are in order to any of these amendments prior to votes in relation to the amendments. The Coburn and Whitehouse amendments are subject to a 60 affirmative vote threshold. The time until 2pm, will be equally divided between the two Leaders, or their designees, for debate on the amendments. Senator Coburn controls 40 minutes of the Republican time.

At 2:00pm the Senate will proceed to vote in relation to the amendments in the order listed. There will be 2 minutes equally divided between the votes and all after the first vote will be 10 minute votes.

Upon disposition of the Coburn and Whitehouse amendments, the substitute amendment, as amended, if amended, will be agreed to and be considered original text for the purposes of further amendment.

Senator Murray declined to modify her request. Senator McConnell then objected to the request.

The Senate stands in recess until 2:15pm.

Confirmed: 53-45

Request to go to conference on H.Con.Res.25 – Budget Resolution – FY2014

Leader:            I ask unanimous consent the Senate proceed to the consideration of Calendar #33, H.Con.Res.25; that all after the enacting clause be stricken; that the amendment which is at the desk, the text of S.Con.Res.8, the budget resolution passed by the Senate, be inserted in lieu thereof; that H.Con.Res.25, as amended be agreed to; the motion to reconsider be considered made and laid upon the table; that the Senate insist on its amendment, request a conference with the House on the disagreeing votes of the two Houses; and the Chair be authorized to appoint conferees on the part of the Senate, all with no intervening action or debate.

Chair:              Is there an objection to the request?

Cruz:                Reserved his right to object and asked that the Leader modify his request so that it not be in order for the Senate to consider a conference report that includes tax increases or reconciliation instructions to increase taxes or to raise the debt limit.

Senator Reid:  Declined to modify his request

Senator Cruz:  I object

Passed: 69-27

Agreed To: 70-24

We may be able to consider the Enzi-Durbin amendment #741 (perfecting substitute) to S.743, Marketplace Fairness Act, without a roll call vote. If so, there would only be 1 vote at 5:30pm on passage of S.743, as amended. If a roll call vote is requested, there would be 2 votes.

-          Friday, April 26^th at 11:30am,

-          Tuesday, April 30^th at 10:00am, and

-          Thursday, May 3^rd at 2:00pm.

1)      Motion to invoke cloture on S.743, the Marketplace Fairness Act of 2013; Invoked: 63-30

LEGISLATIVE ITEMS

Passed S.853, a bill to prevent continued flight delays related to furloughs of essential employees of the Federal Aviation Administration (FAA), and for other purposes. *If the Senate receives a bill from the House that is identical to S.853, that bill will be considered read three times and passed.

Adopted S.Res.115, a resolution commending the heroism, courage, and sacrifice of Sean Collier, an officer in the Massachusetts Institute of Technology Police Department, Martin Richard, an 8-year-old resident of Dorchester, Massachusetts, Krystle Campbell, a native of Medford Massachusetts, Lu Lingzi, a student at Boston University, and all the victims who are recovering from injuries caused by the attacks in Boston, Massachusetts, including Richard Donohue, Jr., an officer in the Massachusetts Bay Transportation Authority Transit Police Department.

Adopted S.Res.116, designating September 26, 2013 as “National Pediatric Brain Cancer Awareness Day”.

Adopted S.Res.118, Supporting the designation of April as Parkinson’s Awareness Month.

Adopted S.Res.119, Supporting the goals and ideals of World Malaria Day.

Adopted S.Res.120, Supporting the mission and goals of 2013 National Crime Victims’ Rights Week.

Adopted S.Res.121, expressing support for the designation of May 1, 2013, as “Silver Star Service Banner Day”.

Adopted S.Res.122, recognizing the historic significance of the Mexican holiday of Cinco de Mayo.

Adopted S.Res.123, Congratulating the University of Minnesota women’s ice hockey team on winning its second straight National Collegiate Athletic Association Women’s Ice Hockey Championship.

Adopted S.Res.124, Legal Counsel resolution regarding Whitnum v. Town of Greenwich memo.

Adopted S.Res.125, designating April 30, 2013, as “Dia de los Ninos: Celebrating Young Americans”.

Completed the Rule 14 process of S.788, to suspend FY2013 sequestration. (Reid)

EXECUTIVE ITEMS

Confirmed the following items:

DEPARTMENT OF THE TREASURY

Executive Calendar #24 Christopher J. Meade, to be General Counsel for the Department of the Treasury

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Executive Calendar #25 William B. Schultz, to be General Counsel of the Department of Health and Human Services

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Executive Calendar #61 Jenny R. Yang, to be a Member of the Equal Opportunity Commission for a term expiring July 1, 2017

DEPARTMENT OF JUSTICE

Executive Calendar #89 Karol Virginia Mason – to be an Assistant Attorney General

At a time to be determined by the Majority Leader, in consultation with the Republican Leader, the Senate will proceed to Executive Session to consider Executive Calendar #42 David Medine- to be Chairman and Member of the Privacy and Civil Liberties Oversight Board for a term expiring January 29, 2018.  There will be one hour of debate equally divided and controlled between Senators Leahy and Grassley or their designees.  Upon the use or yielding back of time, the Senate will proceed to a roll call vote on confirmation of the nomination.

Invoked: 63-30.

-       Collins-King #771 (provides a limitation on when States may first exercise the authority under this Act)

-       Pryor-Blunt #740 (extends for 10 years the moratorium on taxes on internet access and multiple and discriminatory taxes on electronic commerce imposed by the Internet Freedom Act)

-       Hatch #754 (strikes the preemption provision, to sunset the authority under the Act, to require a 3-year statute of limitations)

That no second degree amendments be in order to any of these amendments prior to a vote in relation to the amendments. That there be 20 minutes for debate equally divided.

Senator Wyden objected.

• Collins 744 or Collins 771
• Ayotte 759, as amended
• Coats 765
• Thune 764 with GAO study/Thune 778 without GAO study
• Coburn 753
• Coburn 767
• Thune 743
• Lee 768
• Ayotte 763
• Hatch 754
• Portman 772
• Cruz 794
• Coats 797
• Portman 792
• Paul 755
• Cruz 799
• Ayotte 776

That there be up to 1 hour for debate equally divided on each amendment prior to a vote in relation to the amendment.

Senator Durbin objected.

The managers of the bill continue to work on an agreement to consider amendments in an effort to complete action on the bill.

-       Coburn #753 (delinquent tax debts and Federal employment)

-       Coburn #751 (charitable organizations)

-       Coburn #767 (duplicative and overlapping programs)

-       Coburn #766 (prohibit presidential election campaign funds for part conventions)

Senator Durbin objected to setting aside the pending amendment and said that he would take a look at the amendments to see if we can come up with an agreement to consider them. Some of the amendments would create a blue slip issue in the House, a situation he would like to avoid.

Senator Coburn also expressed his intent to call up an amendment regarding the tax exempt status of sport organizations.

Senator Collins asked unanimous consent to set aside the pending amendment in order to call up Collins amendment #744, to provide a limitation on when States may first exercise the authority under this Act.

Senator Wyden reserved his right to object and then Senator Baucus objected to the request.

The managers of the bill will continue to work on an agreement to consider amendments to the bill. However, if no agreement can be reached we would proceed to the cloture vote 1 hour after the Senate convenes tomorrow.

1)      Executive Calendar #60, the nomination of Jane Kelly, of Iowa, to be United States Circuit Judge for the Eighth Circuit; Confirmed: 96-0

2)      Executive Calendar #64, the nomination of Sylvia Mathews Burwell, of West Virginia, to be Director of the Office of Management and Budget; Confirmed: 96-0

3)      Adoption of the motion to proceed to S.743, Marketplace Fairness Act; Adopted: 75-22

LEGISLATIVE ITEMS

Adopted S.Res.111, a resolution supporting the goals and ideals of National Safe Digging Month.

Adopted S.Res.112, Commending employees of the Senate Post Office, employees of the Sergeant at Arms of the Senate, members of the Capitol Police, and members of the Capitol Hill community for their courage and professionalism following the biochemical attack against the Senate on April 16, 2013.

Adopted S.Res.113, designating April 23, 2013 as “National Adopt a Library Day”.

Adopted S.Res.114, a legal counsel resolution regarding U.S. v. Renzi.

Began the Rule 14 process of S.799, to provide for a sequester replacement. (Inhofe/Toomey)

Completed the Rule 14 process of S.788, to suspend FY2013 sequestration. (Reid)

No additional EXECUTIVE ITEMS

Senator Donnelly is now giving his maiden speech. We will resume consideration of the Marketplace Fairness Act following his remarks.

Adopted: 75-22

Confirmed: 96-0

Confirmed: 96-0

At 12:00 noon, the Senate will proceed to a series of up to 3 roll call votes in relation to the following items:

-          Confirmation of Executive Calendar #60, the nomination of Jane Kelly, of Iowa, to be United States Circuit Judge for the Eighth Circuit;

-          Confirmation of Executive Calendar #64, the nomination of Sylvia Mathews Burwell, of West Virginia, to be Director of the Office of Management and Budget; and

-          Adoption of the motion to proceed to S.743, Marketplace Fairness Act.

Following morning business, the Senate will proceed to Executive Session to consider the following nominations:

-          Executive Calendar #60, the nomination of Jane Kelly, of Iowa, to be United States Circuit Judge for the Eighth Circuit; and

-          Executive Calendar #64, the nomination of Sylvia Mathews Burwell, of West Virginia, to be Director of the Office of Management and Budget.

There will be 90 minutes of debate, with time from 10:30 until 11:00am on the Kelly nomination and the time from 11:00am until 12:00 noon on the Burwell nomination. At 12:00 noon, the Senate will proceed to vote on confirmation of the nominations in the order listed. The first vote will be a 15 minute vote and the second vote will be a 10 minute vote.

Following the votes, the Senate will resume consideration of the motion to proceed to S.743, the Marketplace Fairness Act of 2013, and immediately vote on adoption of the motion.

No ROLL CALL VOTES

LEGISLATIVE ITEMS

Adopted S.Res.105, designating April 2013 as “Financial Literacy Month”.

Adopted S.Res.106, commending rehabilitation counselors and supporting the goals and ideals of National Rehabilitation Counselors Appreciation Day.

Adopted S.Res.107, honoring military children during the National Month of the Military Child.

Adopted S.Res.108, designating April 2013 as “National 9-1-1 Education Month”.

Began the Rule 14 process of S.788, to suspend FY2013 sequestration. (Reid)

No EXECUTIVE ITEMS

-          Executive Calendar #60, the nomination of Jane Kelly, of Iowa, to be United States Circuit Judge for the Eighth Circuit; and

-          Executive Calendar #64, the nomination of Sylvia Mathews Burwell, of West Virginia, to be Director of the Office of Management and Budget.

There will be 90 minutes of debate, with time from 10:30 until 11:00am on the Kelly nomination and the time from 11:00am until 12:00 noon on the Burwell nomination. At approximately 12:00 noon, the Senate will proceed to vote on confirmation of the nominations. If all time is used, the votes would begin at approximately 12:00 noon. The first vote will be a 15 minute vote and the second vote will be a 10 minute vote.