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.

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.

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.

The following amendments have been considered to S.601:

• 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

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.

-          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);

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.

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

-          Whitehouse amendment #803 (oceans).

-          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.

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

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.

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.

-       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.

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

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.

-          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.

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 nomination. The motion to reconsider will be considered made and laid upon the table with no intervening action or debate.

There will be no further roll call votes this week.

Confirmed: 94-0

At 12:00 noon tomorrow, there will be 2 roll call votes in relation to the Barrasso and Harkin amendments.

-          Barrasso amendment #717 (privacy) and

-          Harkin-Alexander amendment #730 (mental health).

Senator Reid intends to execute the previous orders to consider the Torres and Watson nominations tomorrow. At 2:00pm, there will be 15 minutes for debate equally divided in the usual form prior to votes on the nominations.

At 2:15pm, there will be a roll call vote on confirmation of Executive Calendar #22, the nomination of Analisa Torres, of New York, to be United States District Judge for the Southern District of New York. We expect a voice vote on confirmation of Executive Calendar #23, the nomination of Derrick Kahala Watson, of Hawaii, to be United States District Judge for the District of Hawaii.

It is in order for the Manchin-Toomey amendment #715 to be set aside and the following amendments to be called up:

-          Grassley substitute amendment consistent with the summary which is at the desk;

-          Leahy-Collins amendment #713 (trafficking);

-          Cornyn amendment #719 (conceal carry);

-          Feinstein amendment #711 (assault weapons/clip bans);

-          Burr amendment #720 (veterans/guns);

-          Lautenberg-Blumenthal amendment #714 (high capacity clip ban)

-          Barrasso amendment #717 (privacy) and

-          Harkin-Alexander amendment relative to mental health, the text of which is at the desk.

Following Leader remarks on Wednesday, April 17^th, the time until 4:00pm will be equally divided between the two Leaders, or their designees, to debate the amendments concurrently.

At approximately 4:00pm, the Senate will proceed to a series of up to 9 roll call votes in the order listed below.  All amendments will be subject to a 60 affirmative-vote threshold. No other amendments or motions to commit are in order to any of these amendments or to the bill prior to these votes. There will be 2 minutes of debate equally divided prior to each vote. All votes after the first vote will be 10 minutes in duration.

-          Manchin-Toomey amendment #715

-          Grassley substitute amendment consistent with the summary which is at the desk;

-          Leahy-Collins amendment #713 (trafficking);

-          Cornyn amendment #719 (conceal carry);

-          Feinstein amendment #711 (assault weapons/clip bans);

-          Burr amendment #720 (veterans/guns);

-          Lautenberg-Blumenthal amendment #714 (high capacity clip ban)

-          Barrasso amendment #717 (privacy) and

-          Harkin-Alexander amendment relative to mental health, the text of which is at the desk.

We hope to reach an agreement on amendments to S.649, the Safe Communities, Safe Schools Act of 2013 this evening.

We expect votes in relation to those amendments to occur sometime tomorrow.  When an agreement is reached, another message will be sent.

When the Senate reconvenes, the Majority Leader will be recognized and another message will be sent.

-          Executive Calendar #21, Beverly Reid O’Connell- to be United States District Judge for the Central District of California

-          Executive Calendar #22 Analisa Torres- to be United States District Judge for the Southern District of New York and

-          Executive Calendar #23 Derrick Kahala Watson- to be United States District Judge for the District of Hawaii

At 5:00pm on Monday, April 15^th, the Senate will proceed to Executive Session to consider Executive Calendar #21, Beverly Reid O’Connell- to be United States District Judge for the Central District of California with up to 30 minutes of debate equally divided and controlled between Senators Leahy and Grassley or their designees.  Upon the use or yielding back of time (approximately 5:30pm), there will be a roll call vote on confirmation of the O’Connell nomination.

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 #22 Analisa Torres- to be United States District Judge for the Southern District of New York and Executive Calendar #23 Derrick Kahala Watson- to be United States District Judge for the District of Hawaii and the Senate proceed to vote on the nominations.  It is expected the Senate will consider these nominations at some point next week.

There will be no further roll call votes this week.  Senators should expect the next vote Monday, April 15^th at 5:30pm in relation to a judicial nomination.

The Senate will recess from 12:30 until 2:30pm today to allow for a joint caucus meeting. The time during the recess will count against the post-cloture time on the motion to proceed.

The Senate then resumed consideration of the motion to proceed to S.649, Safe Communities, Safe Schools Act of 2013. There will be no further roll call votes during today’s session of the Senate.

The cloture vote on the motion to proceed will occur around 11:00am tomorrow, Thursday, April 11. If cloture is invoked, there would be up to 30 hours for debate on the motion to proceed. Once we are on the bill, the first amendment that will be considered to the gun safety bill will be a Manchin-Toomey amendment on background checks. If we don’t get cloture, we will have votes on capacity clips, assault weapons, background checks and some mental health items or item.

At 11:30am, the Senate will proceed to Executive Session to consider Executive Calendar #14, the nomination of Patty Shwartz, of New Jersey, to be United States Circuit Judge for the Third Circuit.  There will be up to 30 minutes of debate equally divided and controlled between Senators Leahy and Grassley or their designees.

If all time is used at 12:00pm, the Senate will proceed to a roll call vote on confirmation of the Shwartz nomination.

As provided for under the previous order, the Senate will recess from 12:30 until 2:15pm for the weekly caucus meetings. Following the recess, the Senate will resume consideration of the motion to proceed to Safe Communities, Safe Schools Act.

The Senate has reached an agreement to postpone until 11:30am tomorrow, Tuesday, April 9, the execution of the previous order with respect to consideration of the nomination of Patty Shwartz, of New Jersey, to be United States Circuit Judge for the Third Circuit. At 11:30am tomorrow, there will be up to 30 minutes for debate prior to a vote on confirmation of the Shwartz nomination. There will be no roll call votes today. The next vote will occur at approximately 12:00 noon tomorrow.

Also in Executive Session, the Senate confirmed the nomination of Executive Calendar #50, Mary Jo White, of New York, to be a Member of the Securities and Exchange Commission.

Senator Reid then moved to proceed to S.649, the Safe Communities, Safe Schools Act of 2013 (Gun Safety).

This work period the Senate will deal with a number of important matters including judicial nominations and cabinet nominations, Water Resources Development Act, Gun Safety legislation; and any other items cleared for action on the Legislative or Executive Calendars of business.

Cal # 14, Patty Schwartz, of New Jersey, to be United States Circuit Judge for the Third Circuit,

There will be 30 minutes for debate equally divided in the usual form; upon the use or yielding back of time the Senate proceed to vote without intervening action or debate on the nomination. Senators should expect the vote on confirmation of the Schwartz nomination to begin at approximately 5:30pm on Monday.

Flake #225 (earmark point of order);

Graham #329 (sequester-allow members of congress to donate 20% of salary);

Heller #293 (sage grouse populations);

Boozman #527 (eminent domain);

Portman #153 (promote exports)

Ayotte #136 (MEADS);

1:00am vote sequence

Johanns #624 (health care), agreed to by voice vote

Corker #295 (HSA and FSA), withdrawn

Burr #232 (BARDA), agreed to by voice vote

Wicker #538 (supermajority to waive unfunded mandate p.o.o.), agreed to by voice vote

Coburn #412 (postal reform), agreed to by voice vote

Shelby 340 (cost-benefit analysis of promulgated rules)

-          Cardin #706 (carbon emissions/side-by-side to Inhofe);

-          Inhofe #359 (green house gases);

-          Menendez #705 (immigration-health care-side-by-side to Sessions );

-          Sessions #614 ( immigrants/health care);

-          Merkley #696 (prosecutions of financial institutions);

-          Roberts #187 (prohibit promotional materials PPACA);

-          Menendez #619 (Flood loss mitigation);

-          Portman #152 (medical malpractice reconciliation instructions);

-          Majority amendment

-          McCaskill #366 (federal and state credentialing)

-          Johnson (WI) #213 (Social Security/Medicare);

-          Brown #455 (manufacturing);

-          Scott #597 (federal workers-union fees);

-          Majority amendment

No second degree amendments in order to these amendments.

• Warner #693 (estate tax);
• Thune #307 (repeal estate tax);
• Burr # 697 (cpi alternative to Sanders) ;
• Sanders #198 (no cpi);
• Reed (RI) #482 (weatherization);
• Paul #263 (balanced budget);
• Landrieu #314 (vets);
• Cornyn #247 (OMB no budget/no pay);
• Menendez #606 (Embassy Security);
• Vitter #689 (Too Big to Fail);
• Tester #537 (CHAMP VA);
• Toomey #535 (catastrophic health);
• Casey #442 (law enforcement);
• Coats #514 (mercury);
• Cardin #273 (pediatric dental);
• Lee #373 (Budget point of order – deficit payments more than defense payments);
• Majority amendment

We expect the next votes to be the following:

-          Warner #693 (estate tax);

-          Thune #307 (repeal estate tax);

-          Sanders #198 (no CPI)

-          Burr #697 (CPI);

-          Begich #341 (frankenfish);

-          Alexander #515 (school choice);

-          Merkley #398 (ARPA-E)

-          Rubio #292 (interstate abortion);

-          Hagan #278 (vets);

-          Isakson #138 (biennial budget);

-          Majority amendment

No second degree amendments are in order prior to votes. There will be 2 minutes for debate prior to each vote. These votes will be 10 minute votes.

• Enzi #656 (second degree to Durbin #578)
• Ayotte #657 (second degree to Durbin #578)
• Baucus #658 (second degree to Durbin #578)
• Durbin #578 (Marketplace Fairness);
• Murray #653 (side-by-side to Collins);
• Collins #144 (Full-time employees/ACA);
• Majority would have the next amendment

Leader:            I ask unanimous consent that the next amendments in order to be called up after disposition of the Republican side-by-side amendment to Shaheen #438, be the following:

-          Menendez #651;

-          Coburn #409;

-          Whitehouse #652;

-          Blunt #261 (carbon tax);

-          Boxer #622 (Keystone)

-          Hoeven #494 (Keystone);

-          Durbin #578 (Marketplace Fairness);

-          Murray #653; and

-          Collins #144 (Full-time employees/ACA).

that the only second degree amendments in order prior to the votes in relation to the amendments listed above be the following amendments to the Durbin amendment #578:  Enzi #656, Ayotte #657, and Baucus #658 to be offered in that order; that notwithstanding all time having expired on the resolution, there be two minutes equally divided prior to each vote, with the exception of the vote prior to the Enzi second degree amendment #656 to Durbin #578 where there will be 40 minutes – 10 minutes each for Senators Durbin, Enzi, Ayotte and Baucus, or their designees; that the order of votes with respect to the second degree amendments to Durbin #578 be the following: Enzi, Ayotte and Baucus; that upon disposition of the Collins amendment #144, the Majority have the next amendment in order; finally all after the first vote be ten minute votes.

• Udall (CO) #239 (wildfire suppression) (agreed to by voice vote)
• Fischer #630 women’s health-side-by-side to Shaheen)
• Menendez #651 (hospital wage levels);
• Coburn #409 (Medical Hospital Wage index–side-by-side to Menendez);
• Whitehouse #652 (side-by-side to Blunt);
• Blunt #261 (carbon tax) [Budget poo – 60 voter];
• Boxer #622 (Keystone)
• Hoeven #494 (Keystone);

Up to 40 minutes of debate

• Enzi #656 (second degree to Durbin #578)
• Ayotte #657 (second degree to Durbin #578)
• Baucus #658 (second degree to Durbin #578)
• Durbin #578 (Marketplace Fairness);
• Murray #653 (side-by-side to Collins);
• Collins #144 (Full-time employees/ACA);
• Majority would have the next amend

Up to 5 votes at 8:10pm tonight:

-          Sessions motion to recommit (budget balance by 2023)

-          Murray #433 (Paul Ryan Budget)

-          Hatch #297 (medical device repeal)

-          Stabenow #432 (vouchers)

-          Grassley #156 (reserve fund-tax reform)

Up to 6 votes at 11am tomorrow:

-          Mikulski #431 (equal pay)

-          Ayotte #158 (prohibits budget with revenue increase while unemployment is above 5.5%)

-          Cruz #202 (reserve fund to repeal PPACA and Education reconciliation)

-          Murray #439 (side by side to Crapo PPACA)

-          Crapo #222 (reserve fund re: repeal tax increase under PPACA for low and middle income Americans)

-          Shaheen #438 (women’s health)

2 hours for debate

Vote-a-rama!

-          Democratic amendment

-          Republican alternative to Shaheen (women’s health)

Text of the agreement is as follows:

Leader:            I ask unanimous consent that the pending motion be set aside and the following amendments to S.Con.Res.8 be called up:

-          Murray #433;

-          Hatch #297;

-          Stabenow #432;

-          Grassley #156;

-          Mikulski #431;

-          Ayotte #158;

-          Cruz #202;

-          Murray #439;

-          Crapo #222; and

-          Shaheen #438.

That the time until 8:10pm be equally divided between the two managers, or their designees, prior to votes in relation to the Sessions motion and the first four amendments listed; that all after the first vote this evening be 10 minute votes; that there be two minutes equally divided in the usual form prior to each vote; that no amendments be in order to the motion or any of the amendments prior to the votes in relation to these items; that following the votes this evening, the remainder of today’s session be for debate only on the concurrent resolution; further, that when the Senate convenes at 9am on Friday, March 22^nd, the Senate resume consideration of S.Con.Res.8 with the time until 11am equally divided between the two managers, or their designees; that at 11am, the Senate proceed to votes in relation to the remaining amendments listed above; that there be two minutes equally divided prior to each vote and all after the first vote in this sequence be ten minute votes; that upon disposition of the last amendment listed, there be two hours equally divided between the two managers, or their designees, remaining on the concurrent resolution; finally, the next amendment in order be an amendment from the Majority side to be followed by a Republican alternative to Shaheen #438.

Up to 5 votes around 8pm tonight:

-          Sessions motion to recommit (budget balance by 2023)

-          Murray #433 (Paul Ryan Budget)

-          Hatch #297 (medical device repeal)

-          Stabenow #432 (vouchers)

-          Grassley #156 (reserve fund-tax reform)

Senator Sessions made a motion to recommit S.Con.Res.8 back to the Committee on the Budget with instructions to report back no later than March 22, 2013 with such changes as may be necessary to achieve unified budget balance by Fiscal Year 2023.

Motions to recommit are debatable for up to 1 hour, equally divided, and are amendable in two degrees. Each amendment to a motion is debatable for 1 hour each and equally divided. It would take consent to return to the resolution side of the amendment tree to offer amendments to the resolution.

When a vote time is set, another message will be sent.

At 5:00pm on Wednesday, March 20, the Senate began consideration of S.Con.Res.8, Budget Resolution, for debate only for the remainder of the day.

Any time spent in quorum calls during consideration of S.Con.Res.8 will be equally divided.

By consent, the period of debate for Economic Goals and Policy under Section 305b of the Congressional Budget Act will occur on Thursday, March 21^st at a time to be determined by the two managers.

The Senate also reached an agreement to permit the use of calculators on the Senate floor during consideration of the Budget resolution.

• Cruz amendment #30 (defund Obamacare) Not Agreed to: 45-52
  
• McCain amendment #33 (Guam) Not Tabled: 48-50; agreed to by voice vote
• Harkin amendment #53 (Labor HHS flexibility)(60 affirmative-vote threshold) Not Agreed to: 54-45
• Coburn amendment #66 (temporary freeze on non-essential federal employees) (60 affirmative-vote threshold) Not Agreed to: 45-54
• Inhofe amendment #29, as modified (Farms-EPA oil spill and prevention rule) Agreed to by Unanimous Consent
• Coburn amendment #69 (prohibit Urban Area Security Initiative Grants not improving homeland security) Not Agreed to:48-51
• Coburn amendment #93 (public parks/White House tours) Not Agreed to: 45-54
• Coburn amendment #65, as modified (Political Science grants at NSF) agreed to by voice vote
• Coburn amendment #72, as modified (authorizing committees to receive information from Homeland Security) agreed to by voice vote
• Inhofe-Hagan amendment #72, as modified (Armed Forces tuition programs) Agreed to by voice vote
• Toomey amendment #115, as modified (cut biofuel funding/DoD) Not Agreed to: 40-59
• Mikulski-Shelby amendment #26, as modified (substitute), as amended Agreed to: 70-29

-          Coburn #69 (prohibits Urban Area Security Initiative Grants not improving homeland security);

-          Coburn #93 transfers appropriations from National Heritage Partnership Program to fund White House public tours, Maintenance at public parks/monuments);

-          Coburn #65, as modified with the changes that are at the desk (National Science Foundation funding);

-          Coburn #70, as modified with the changes that are at the desk (Authorizing Committees to receive information from Homeland Security);

-          Inhofe-Hagan #72, as modified with changes that are at the desk (requires Secretaries of Military Departments to carry out tuition assistance programs);

-          Mikulski-Shelby #98, as modified with changes that are at the desk (technical corrections); and

-          Leahy #129, as modified with changes that are at the desk (cluster munitions);

-          Pryor-Blunt #82 (meat inspectors);

-          Toomey #115, as modified with changes at the desk (bio-fuels)

-          Mikulski-Shelby #26 (Substitute) (majority vote threshold);

-          Cloture on H.R.933, as amended; and

If cloture is invoked all post-cloture debate time will be yielded back

-          Passage of H.R.933, Department of Defense, Military Construction and Veterans Affairs, and Full-Year Continuing Appropriations Act, 2013 (majority vote threshold).

We expect voice votes on the amendments listed in italics (any amendment that has been modified, except for Toomey #115). All amendments are subject to 60 vote thresholds except the Mikulski-Shelby substitute. All votes after the first vote will be 10 minutes in duration with 2 minutes prior to each vote. Senator Moran will control 30 minutes of the republican’s time.

Prior to locking in the agreement Senator Grassley reserved his right to object and asked that his amendment #76 (to require weekly update of the aliens who have been released due to budget constraints). Senator Reid declined to modify his request and Senator Grassley withdrew his objection.

The text of the agreement can be found below.

Leader:            I ask unanimous consent that notwithstanding cloture having been invoked, the following amendments be in order to the Mikulski-Shelby substitute:

-          Coburn #69 (prohibits Urban Area Security Initiative Grants not improving homeland security);

-          Coburn #93 transfers appropriations from National Heritage Partnership Program to fund White House public tours, Maintenance at public parks/monuments);

-          Coburn #65, as modified with the changes that are at the desk (National Science Foundation funding);

-          Coburn #70, as modified with the changes that are at the desk (Authorizing Committees to receive information from Homeland Security);

-          Inhofe-Hagan #72, as modified with changes that are at the desk (requires Secretaries of Military Departments to carry out tuition assistance programs);

-          Mikulski-Shelby #98, as modified with changes that are at the desk (technical corrections); and

-          Leahy #129, as modified with changes that are at the desk (cluster munitions); and

-          Pryor-Blunt #82 (meat inspectors).

That no other first degree amendments to the substitute or the underlying bill be in order; that no second degree amendments be in order to any of the amendments listed above prior to the votes; that the time until 2:15pm be equally divided between the two Leaders, or their designees, prior to votes in relation to the amendments in the order listed; that upon disposition of the Pryor-Blunt amendment #82; the Durbin second degree amendment to the Toomey amendment #115 be withdrawn; that it be in order for the Toomey amendment to be modified with the changes that are at the desk; that the Senate proceed to vote in relation to the Toomey amendment #115, as modified; that upon disposition of the Toomey amendment, the Senate proceed to vote on the Mikulski-Shelby substitute amendment, as amended; that all the amendments, with the exception of the Mikulski-Shelby substitute, be subject to a 60 affirmative vote threshold; that upon disposition of the substitute amendment, as amended, the Senate proceed to vote on the motion to invoke cloture on the underlying bill; finally, if cloture is invoked on H.R.933, as amended, all post-cloture time be yielded back and the Senate proceed to vote on passage of H.R.933, as amended.

3 roll call votes expected at 2:00pm:

-          In relation to Toomey amendment #115 (expect a point of order and motion to waive with 60-vote threshold);

-          Mikulski-Shelby substitute amendment #26, as amended (majority vote threshold); and

-          Cloture on H.R.993, Continuing Appropriations (60-vote threshold).

3 roll call votes expected at 11:15am:

-          Toomey amendment #115 (expect a point of order and motion to waive with 60-vote threshold);

-          Mikulski-Shelby substitute amendment #26, as amended (majority vote threshold); and

-          Cloture on H.R.993, Continuing Appropriations (60-vote threshold).

-          Toomey amendment #115 (expect a point of order and motion to waive with 60-vote threshold);

-          Mikulski-Shelby substitute amendment #26, as amended (majority vote threshold); and

-          Cloture on H.R.993, Continuing Appropriations (60-vote threshold).

If cloture on the underlying bill is invoked, the clock (30 hours) will begin counting as if cloture had been invoked at 1am on Wednesday, March 20.

Once the substitute amendment is adopted, no further amendments are in order to the underlying bill. In light of this parliamentary situation, we hope the Republicans (Senator Moran) will allow us to yield back the post-cloture time and vote on passage of the bill. Upon disposition of the Continuing Appropriations bill, the Senate will begin consideration of S.Con.Res. 8, the Budget resolution.

-          Mikulski-Shelby #98, as modified (60-vote threshold)

-          Pryor-Blunt #82 (60-vote threshold);

-          Toomey #115 (60-vote threshold);

-          Mikulski-Shelby substitute #26;

-          Passage of H.R.933, Continuing Appropriations.

Senator Moran objected because Moran #45 (air traffic control towers) was not included in the request.

Senator Reid then asked consent the Senate begin consideration of the Budget resolution today, notwithstanding cloture on H.R.933.

Senator Moran also objected to this request.

The text of the requests and the unofficial transcript of their exchange can be found below.

Request to complete action on Continuing Appropriations (H.R.933)

Senator Reid: I ask unanimous consent that notwithstanding cloture having been invoked on the Mikulski-Shelby substitute, the following amendments be in order:

-          Mikulski-Shelby #98, as modified with the changes that are at the desk; and

-          Pryor-Blunt #82.

That no other first degree amendments to the substitute or the underlying bill be in order; that no second degree amendments be in order to any of the amendments listed above prior to the vote; that there be 30 minutes equally divided between the two Leaders, or their designees, prior to votes in relation to the amendments in the order listed; that upon disposition of the Pryor-Blunt amendment #82; the Durbin second degree amendment to the Toomey amendment #115 be withdrawn; that the Senate proceed to vote in relation to the Toomey amendment #115; that all the amendments, with the exception of the substitute, be subject to a 60 affirmative vote threshold; that upon disposition of the Toomey amendment, the Senate proceed to vote on the Mikulski-Shelby substitute amendment, as amended; that if the substitute amendment, as amended, is agreed to; the cloture motion on the underlying bill be withdrawn and the Senate proceed to vote on passage of the bill, as amended.

Senator Moran objected.

Request to consider Budget resolution (S.Con.Res.8)

Senator Reid: I ask unanimous consent that notwithstanding cloture having been invoked, that at a time to be determined today, it be in order for the Senate to begin consideration of S.Con.Res.8, the budget resolution for fiscal year 2014; that any time used for consideration of S.Con.Res.8 during the post cloture period on H.R.933 also count toward the post-cloture time on H.R.933; further, that on Tuesday, March 19^th at a time to be determined by the Majority Leader, after consultation of the Republican Leader, the Senate resume consideration of H.R.933.

Senator Moran objected.

We also hope to reach an agreement to begin consideration of S.Con.Res.8, An original concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2014, revising the appropriate budgetary levels for fiscal year 2013, and setting forth the appropriate budgetary levels for fiscal years 2015 through 2023, this afternoon, notwithstanding cloture on H.R.933. The result of such an agreement would be that the clocks run concurrently on both measures (CR and Budget).

The rules governing consideration of the Budget Resolution limits debate on the Budget resolution to 50 hours equally divided and, within that time, allocates 2 hours for first degree amendments and 1 hour for second degree amendments, also equally divided. When the question is on an amendment, we could vote on the amendment (up or down), a motion to table, or a motion to waive any applicable points of order.

We expect to consider amendments throughout consideration of the Budget Resolution, with a crescendo in action near or at the end of time. Upon the use or yielding back of time, senators may offer an unlimited number of amendments and are allowed an immediate vote in relation to the amendment. In the past we have sought unanimous consent to allow for 2 minutes for debate equally divided prior to a vote in relation to the amendment and limit vote time to 10 minutes. As usual, I will send a message when any consent agreement governing consideration of the resolution is reached.

Senators should be prepared for roll call votes throughout the week and into the evenings, once consideration of the Budget begins.

In approximately 10 minutes (approximately 6:10pm), the Senate will proceed to vote on the motion to invoke cloture on Mikulski-Shelby amendment #26 (substitute) to H.R.933, Continuing Appropriations.

Senator Reid asked the following consent.

Leader:            I ask unanimous consent that the two cloture motions be withdrawn; that the following amendments be in order to the Mikulski-Shelby substitute:

-          Coburn #69 prohibit Urban Area Security Initiative Grants not improving homeland security);

-          Coburn #93 (transfer funds from National Heritage Partnership Program to fund White House public tours and maintenance at public parks/monuments);

-          Coburn #65, as modified with the changes that are at the desk (National Science Foundation funding);

-          Coburn #70, as modified with the changes that are at the desk (authorizing committees receive information from Homeland Security);

-          Inhofe #72, as modified with changes that are at the desk (require Secretaries of Military Departments to carry out tuition assistance programs);

-          Grassley #76, as modified with changes that are at the desk (report illegal aliens released dur to budget constraints);

-          Mikulski-Shelby #98 (technical corrections); and

-          Leahy #129, as modified with changes that are at the desk (to revise language regarding cluster munitions); and

-          Pryor-Blunt #82 (poultry inspections).

That no other first degree amendments to the substitute or the underlying bill be in order; that no second degree amendments be in order to any of the amendments listed above prior to the vote; that there be 30 minutes equally divided between the two Leaders, or their designees, prior to votes in relation to the amendments in the order listed; that upon disposition of the Pryor-Blunt #82; the Durbin second degree amendment to the Toomey amendment #115 be withdrawn; that all the amendments be subject to a 60 affirmative vote threshold; that the Senate proceed to vote in relation to the Toomey amendment #115; that upon disposition of the Toomey amendment, the Senate proceed to vote on the Mikulski-Shelby substitute amendment, as amended; that if the substitute amendment, as amended, is agreed to; the Senate proceed to vote on passage of the bill, as amended.

Senator Reid has asked the managers of the bill to work over the weekend on a small, finite list of amendments and we could complete action of the bill on Monday. If they are unable to come to an agreement, there would be a cloture vote at approximately 5:30pm on Monday. Next week the Senate will consider the Budget resolution.

The Senate is in a period of morning business with senators permitted to speak therein for up to 10 minutes each. There will be no further roll call votes this week.

Senator Toomey then called up amendment #115 (cuts $60 million in funding for DoD biofuels).

Senator Brown asked unanimous consent to set aside the Toomey amendment in order to call up amendment #83 (Customs Services). Senator Mikulski objected on behalf of Senator Landrieu.

We will work on an agreement to vote in relation to the Toomey amendment today. As always, I’ll send another message if and when any agreement is reached or vote is scheduled.

Approximately 11:25am votes:

-       Harkin amendment #53 (Labor-HHS) (60-vote threshold); and

-       Coburn amendment #66 (temporary hiring freeze on Non Essential Federal Employees) (60-vote threshold).

The filing deadline for first degree amendments to the substitute and underlying bill is 1:00pm tomorrow, Thursday, March 14. If cloture is invoked, germane amendments must have been filed at the desk prior to the deadline to be considered in order post-cloture. 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.

Senator Inhofe then asked unanimous consent to set aside the pending amendment in order to call up amendment #29 (Farms-EPA oil spill and prevention rule). Senator Boxer reserved her right to set aside the pending amendment unless Senator Inhofe would be willing to agree to a 60 vote threshold. Senator Inhofe agreed and the amendment was called up.

There will be no further roll call votes this evening, however, additional amendments may be offered and debated.