Friday, December 9, 2016

The Senate adjourned at 6:39 a.m. pursuant to the provisions of S.Res. 640 the Senate adjourned until it meets next for a pro forma session only, with no business conducted on the following dates and times:

Tuesday, December 13 at 8:30am
Friday, December 16 at 10:00am
Tuesday, December 20 at 9:30am (reporting day, tributes due for record)
Friday, December 23 at 11:30am
Tuesday, December 27 at 4:30pm
Friday, December 30 at 10:00am
Tuesday, January 3 at 11:55am

When the Senate adjourns on Tuesday, January 3, it will stand adjourned until 12:00 noon on the 3rd pursuant to the Constitution.

Wrap Up for Friday, December 9, 2016

Roll Call Votes
1. Motion to invoke cloture on the motion to concur in the House amendment to the Senate amendment to H.R. 2028, CR; agreed to: 61-38
2. Motion to concur in the House amendment to the Senate amendment to H.R.2028, CR; agreed to: 63-36
3. Motion to invoke cloture on the motion to concur in the House amendment to S.612, WRDA; agreed to: 69-30
4. Motion to concur in the House amendment to S.612, WRDA; agreed to: 78 -21

Legislative Business
Agreed to H.Con.Res. 179 – Enrollment Correction to S. 2943

Passed S.3336 – Arsenal Installation with an Ernst amendment and a title amendment

Passed by voice vote H.R. 5602 – A bill to amend title 31, United States Code, to authorize the Secretary of the Treasury to include all funds when issuing certain geographic targeting orders, and for other purposes, with Shelby-Brown substitute amendment

Passed the following Postal Naming Bills en bloc:
Calendar #675, H.R. 3218 – Designate the facility of the United States Postal Service located at 1221 State Street, Suite 12, Santa Barbara, California, as the “Special Warfare Operator Master Chief Petty Officer (SEAL) Louis ‘Lou’ J. Langlais Post Office Building”.

Calendar #676, H.R. 4887– To designate the facility of the United States Postal Service located at 23323 Shelby Road in Shelby, Indiana, as the “Richard Allen Cable Post Office”.

Calendar #677, H.R. 5150 – To designate the facility of the United States Postal Service located at 3031 Veterans Road West in Staten Island, New York, as the “Leonard Montalto Post Office Building”.

Calendar #678, H.R. 5309 – To designate the facility of the United States Postal Service located at 401 McElroy Drive in Oxford, Mississippi, as the “Army First Lieutenant Donald C. Carwile Post Office Building”.

Calendar #679, H.R. 5356 – To designate the facility of the United States Postal Service located at 14231 TX-150 in Coldspring, Texas, as the “E. Marie Youngblood Post Office”.

Calendar #680, H.R. 5591– To designate the facility of the United States Postal Service located at 810 N US Highway 83 in Zapata, Texas, as the “Zapata Veterans Post Office”.

Calendar #681, H.R. 5676 – To designate the facility of the United States Postal Service located at 6300 N. Northwest Highway in Chicago, Illinois, as the “Officer Joseph P. Cali Post Office Building”.

Calendar #682, H.R. 5798 – To designate the facility of the United States Postal Service located at 1101 Davis Street in Evanston, Illinois, as the “Abner J. Mikva Post Office Building”.

Calendar #683, H.R. 5889 – To designate the facility of the United States Postal Service located at 1 Chalan Kanoa VLG in Saipan, Northern Mariana Islands, as the “Segundo T. Sablan and CNMI Fallen Military Heroes Post Office Building”

Passed Calendar #704, S. 8 – Kingdom of Norway / Peaceful Uses of Energy

Concurred in the House amendment to S. 546, RESPONSE Act of 2016

Passed S. 1831 – Preventing Animal Cruelty and Torture (PACT) Act with Toomey substitute amendment

Passed by voice vote H.R. 3842 & S. 2781 – Federal Law Enforcement Training Centers and Improvement Act with Perdue amendments

Passed Calendar #639, H.R. 5687 – GAO Mandates Revision Act of 2016

Passed Calendar #691, S. 3086 – Marine Debris Act with a Sullivan amendment and a committee reported substitute amendment

Passed S. 3112 – Department of Veterans Affairs Bonus Transparency Act of 2016

Passed H.R. 960 – To designate the Department of Veterans Affairs community-based outpatient clinic in Newark, Ohio, as the Daniel L. Kinnard VA Clinic

Passed by voice vote H.R. 2726 – Apollo 11 50th Anniversary Commemorative Coin Act

Passed H.R. 3784 – SEC Small Business Advocate Act of 2016

Passed H.R. 4618 – To designate the Federal building and U.S. courthouse located at 121 Spring Street SE in Gainesville, Georgia, as the “Sidney Oslin Smith, Jr. Federal Building and United States Courthouse”

Passed H.R. 5065 – Bottles and Breastfeeding Equipment Screening Act

Passed H.R. 5877 – United States-Israel Advanced Research Partnership Act of 2016

Adopted S.Res.335 – National Aviation Maintenance Technician Day

Passed S.290 – Increasing the Department of Veterans Affairs Accountability to Veterans Act with a Moran substitute amendment

Passed by voice vote H.R.6416 – Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

Passed H.R.5015 – Combat-Injured Veterans Tax Fairness Act

Adopted the following Senate Resolutions en bloc:
S.Res.635 – Recognizing and commemorating the bicentennial of the State of Indiana
S.Res.636 – Designating the week of December 4 through December 10, 2016 as “National Nurse-Managed Health Clinic Week”
S.Res.637 – Honoring the individuals who lost their lives in the tragic fire in Oakland, California, on December 2, 2016.
S.Res.638 – Recognizing the 75th anniversary of the attack on Pearl Harbor and the lasting significance of National Pearl Harbor Remembrance Day.
S.Res.639 – Designating December 17, 2016, as “Wreaths Across America Day”.
Adopted S.Res.640 – Recognizing the death of John Glenn, former Senator for the State of Ohio and the first individual from the United States to orbit the Earth.

Agreed to Calendar #710, S.Con.Res.57 – King Adulyadej of Thailand, with Hatch amendment.

Passed Calendar #705, H.R.1150 – International Religious Freedom Act with Corker substitute amendment.

Agreed to Calendar #711, H.Con.Res.40 – encouraging reunions of divided Korean American families.

Passed Calendar #713, H.R.4939 – United States-Caribbean Strategic Engagement Act of 2016, with Corker amendment and committee-reported amendment.

Agreed to H.Con.Res.181 – enrollment correction re:S.1635.

Agreed to the following bills, en bloc:
H.R.4352 – Veterans Faster Care
H.R.5099 – CHIP IN for Vets Act of 2016
H.R.5790 – FBI Whistleblower Enhancement
H.R.6130 – HEAR Act
H.R.6323 – Tibor Rubin VA Medical Center
H.R.6400 – John H. Chafee Coastal Barrier Resources System
H.R.6431 – Promoting Travel, Commerce, and National Security Act of 2016
H.R.6450 – Inspector General Empowerment Act of 2016
H.R.6451 – Federal Property Management Reform Act of 2016
H.R.6452 – Ensuring Access to Pacific Fisheries Act
H.R.6477 – Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

Passed H.R.6302 – Overtime Pay for Secret Service Agents Act of 2016 with Johnson substitute amendment and title amendment.

Passed H.R.5612 – Marine Lance Corporal Squire ‘Skip’ Wells Post Office Building.

Passed Calendar #718, S.2852 – OPEN Government Data Act with committee-reported substitute amendment.

Passed Calendar #562, H.R.4465 – Federal Assets Sale and Transfer Act of 2016.

Concurred in the House amendment to S.2854 – Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016.

Concurred in the House amendment to S.2971 – National Urban Search and Rescue Response System.

Passed Calendar #696, S.3346 – NASA Authorization Act of 2016, with Cruz-Nelson substitute amendment.

Agreed to S.Res.641 – 200th anniversary of the Committee on the Judiciary of the Senate.

Passed postal naming bills, en bloc:
H.R.5948
H.R.6138
H.R.6282
H.R.6304

Passed S.1168 – Preserving Rehabilitation Innovation Centers Act of 2016, with Kirk-Durbin amendment.

Passed S.3021 – Post-9/11 Education.

Passed Calendar #436, H.R.710 – Essential Transportation Worker Identification Credential Assessment Act, with Thune amendment.

Passed Calendar #378, S.1776 – TIRES Act, with Barrasso substitute amendment.

Passed H.R.875 – Cross-Border Trade Enhancement Act.

Passed H.R.4245 – Exempt importation and exportation of sea urchins and sea cucumbers, with King amendment.

Adopted S.Res.642 – Pictures and Filming in Senate.

Passed Calendar #695, S.3084 – American Innovation and Competitiveness Act with Gardner-Peters substitute amendment.

Passed S.1635 – State Department Authorization.

Passed H.R.4680 – National Park Centennial.

Passed S.1168 – Preserving Rehabilitation Innovation Centers, with Kirk-Durbin substitute amendment.

Executive Business
Confirmed the following nominations:
COAST GUARD
PN1899 (Sixty-eight nominations beginning with John F. Barresi and ending with Mark B. Walsh)
PN1898 (Thirteen nominations beginning with Mark E. Ames and ending with Matthew D. Wadleigh)
PN1897 (Six nominations beginning with David C. Clippinger and ending with Matthew B. Williams)
PN1896 (Two nominations beginning with Daryl P. Schaffer and ending with Lisa H. Schulz)
PN1895 (One hundred and eighty nominations, beginning with Jennifer L. Adams, and ending with Peter J. Zauner)
PN1894 (Two hundred and eighty nominations, beginning with Stephen J. Albert, and ending with Matthew W. Zinn)
PN1831 (Five nominations, beginning with Capt. Melvin W. Bouboulis, and ending with Capt. Michael P. Ryan)

NAVY
Executive Calendar #658 Rear Adm. (lh) William J. Galinis – to be Rear Admiral

DEPARTMENT OF LABOR
Executive Calendar #7 – Adri Davin Jayaratne, of Michigan, to be an Assistant Secretary of Labor

FEDERAL DEPOSIT INSURANCE CORPORATION
Executive Calendar #591 – Jay Neal Lerner, of Illinois, to be Inspector General, Federal Deposit Insurance Corporation

EXECUTIVE OFFICE OF THE PRESIDENT
Executive Calendar #653 – Andrew Mayock, of Illinois, to be Deputy Director for Management, Office of Management and Budget

DEPARTMENT OF COMMERCE
Executive Calendar #699 – Peggy E. Gustafson, of Maryland, to be Inspector General, Department of Commerce

DEPARTMENT OF TRANSPORTATION
Executive Calendar #773 – Ann Begeman, of South Dakota, to be a Member of the Surface Transportation Board for a term expiring December 31, 2020

STATE JUSTICE INSTITUTE
Executive Calendar #739 – John D. Minton, Jr., of Kentucky, to be a Member of the Board of Directors of the State Justice Institute for a term expiring September 17, 2019

POSTAL REGULATORY COMMISSION
Executive Calendar #740 – Mark D. Acton, of Kentucky, to be a Commissioner of the Postal Regulatory Commission for a term expiring October 14, 2022 (Reappointment)

Executive Calendar #741 – Robert G. Taub, of New York, to be a Commissioner of the Postal Regulatory Commission for a term expiring October 14, 2022 (Reappointment)

DEPARTMENT OF STATE
Executive Calendar #772 – Kamala Shirin Lakhdhir, of Connecticut, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Malaysia

*****

6:23 a.m. Senator Portman asked that the following items be passed by unanimous consent, S.Con.Res. 57, H.R. 1150, H.Con.Res. 40, H.R. 4939, and H.Con.Res. 181. The following were passed en bloc H.R. 4352, H.R. 5099, H.R. 5790, H.R. 6310, H.R. 6323, H.R. 6400 H.R. 6431, H.R. 6450, H.R. 6451, H.R. 6452, and H.R. 6477. The following were passed by u.c. H.R. 6302, H.R. 5612, S. 2852, H.R. 4465, S. 2854, S. 2971, S. 3346, S.Res. 641, passed by voice en bloc HR 5948, H.R. 6138, H.R. 6282, and H.R. 6304. The following were passed by u.c. S. 1168, S. 3021, H.R. 710, S. 1776, H.R. 875, H.R. 4245, S.Res. 642, S. 3084, S. 1635, and H.R. 4680.

3:46 a.m. The Senate stands in recess subject to the call of the Chair.

3:36 a.m. Senator Portman asked unanimous consent to agree to S.Res. 640, recognizing the death of John Glenn, former Senator for the state of Ohio.

2:56 a.m. The Senate stands in recess subject to the call of the Chair.

2:47 a.m. Senator Wyden asked unanimous consent to pass H.R. 5456, Families First Prevention Services Act. Senator Boozman objected.

2:28 a.m. Senator Boozman asked that the following items be passed by unanimous consent H.Con.Res. 179, S. 3336, H.R. 5602, H.R. 3218, H.R. 4887, H.R. 5150, H.R. 5309, H.R. 5356, H.R. 5591, H.R. 5676, H.R. 5798, H.R. 5889, S. 8, S. 546, S. 1831, H.R. 3742, H.R.3482, S. 2781, H.R. 5687, S. 3086, S. 3112, H.R. 960, H.R. 2726, H.R. 3784, H.R. 4618, H.R. 5065, H.R. 5877, S.Res. 335, S. 290, H.R. 6416, H.R. 5015, En bloc S.Res. 635-639

1:26 a.m. Leader McConnell asked unanimous consent that the Senate proceed to Executive Session for the En Bloc consideration of Calendar number 7, 591, 653, 699, 773, 739, 740, 741 and 772  confirmed by Voice vote at 1:27 a.m.

1:25 a.m. Leader McConnell asked u.c. to consider Calendar number 658 and the nomination was approved by u.c.

1:25 a.m. Leader McConnell asked u.c. that as if in executive session the Commerce Committee be discharged and the Senate proceed to consideration of P.N. 1894 through P.N. 1899 and P.N. 1831 that the nomination be confirmed en bloc.

1:15 a.m. Senator Boozman asked unanimous consent that the Senate be in a period of Morning Business.

1:15 a.m. By a vote of 78 to 21 the Senate concurred in the House amendment to S. 612, WRDA. 

Senators voting no: Boxer, Cantwell, Durbin, Flake, Gillibrand, Hirono, Lee, McCain, Merkley, Murray, Paul, Reid, Reed, Sanders, Sasse, Schumer, Sessions, Shelby, Warren, Whitehouse, and Wyden.

Senators not voting: Cotton

12:57 a.m. The Senate began voting on the motion to concur in the House amendment to S.612, WRDA

12:56 a.m. Cloture was invoked by a vote of 69 to 30 on the House message to accompany S.612, the legislative vehicle for WRDA.

Republican Senators voting “no”: Flake, Lee, McCain, Murkowski, Paul, Sasse, Sessions, and Shelby

Senators not voting: Cotton

12:35 a.m The Senate began voting on the motion to invoke cloture on the House message to accompany S.612, the legislative vehicle for WRDA.

12:14 a.m. Senators Inhofe and Stabenow spoke in support of the motion to concur in the House amendment to accompany S.612, the legislative vehicle for WRDA.

12:10 a.m. Senator Murray spoke in opposition to the motion to concur in the House amendment to accompany S.612, the legislative vehicle for WRDA.

11:48 p.m. Senator Inhofe asked unanimous consent that the injunction of secrecy be removed from treaty documents number 114-13, 114-14, and 114-15 and considered as read for the first time, and referred to the Committee on Foreign Relations.

11:19 p.m. Senators Boxer, Cantwell, Murphy, Merkley, Wyden spoke in opposition to the motion to concur in the House amendment to accompany S.612, the legislative vehicle for WRDA.

11:17 p.m. Majority Leader McConnell announced if all time is used, at approximately 12:30 a.m. the Senate will vote on 1. Motion to invoke cloture on the House message to accompany S.612, the legislative vehicle for WRDA 2. Motion to concur with the House message to accompany S.612, the legislative vehicle for WRDA (passage)

11:16 p.m. By a vote of 63 to 36, the Senate concurred in the House amendment to H.R.2028, CR (passage)

Senators voting no: Booker, Boxer, Brown, Carper, Casey, Coons, Corker, Crapo, Cruz, Durbin, Flake, Frankin, Gillibrand, Graham, Heitkamp, Heller, Hirono, Lankford, Leahy, Lee, Manchin, McCain, McCaskill, Menendez, Merkley, Paul, Perdue, Reid, Risch, Sanders, Sasse, Schatz, Schumer, Warner, Warren, and Wyden. 

Senators not voting: Cotton 

10:54 p.m. The Senate began voting on Adoption of the House Message to accompany H.R.2028, CR (passage)

10:51 p.m. Cloture invoked by a vote of 61 to 38, on the House message to accompany H.R.2028, the legislative vehicle for the CR.

Senators voting no: Blumenthal, Booker, Boxer, Brown, Cantwell, Capito, Carper, Casey, Coons, Cruz, Durbin, Franken, Gillibrand, Graham, Heitkamp, Heller, Hirono, Kaine, Klobuchar, Lankford, Lee, Manchin, Markey, McCain, McCaskill, Menendez, Merkley, Murphy, Paul, Portman, Reid, Sanders, Sasse, Schatz, Schumer, Warner, Warren, and Wyden.

Senators not voting: Cotton.

9:58 p.m. The Senate began voting on Motion to invoke cloture on the House message to accompany H.R.2028, the legislative vehicle for the CR.

9:48 p.m. Senator Mikulski spoke about the appropriations process and said farewell to the Senate.

9:41 p.m. Majority Leader McConnell spoke about the accomplishments of the Senate during the post election session and the dedication of the people who make the Capitol work.

9:02 p.m. Senator Merkley spoke the WRDA bill.

8:56 p.m. Senator Shelby spoke supporting H.R. 3394, The Captive Act and asked u.c. to consider the bill. Senator Brown objected.

8:21 p.m. Senator Heller spoke about legislative accomplishments benefiting Nevada.

8:13 p.m. Senator Gardner spoke about the abundance of natural gas.

7:53  p.m. Senator Moran spoke about S. 290, Increasing the Department of Veterans Affairs Accountability to Veterans Act.

7:47 p.m. Senator Daines spoke in favor of the WRDA bill for the assistance given to the Blackfeet Tribe.

7:31 p.m. Senator Frankin spoke of his objections to the CR and honored Captain Luis Carlos Montalvan

7:24 p.m. Senator Sullivan spoke of President-elect Trump

7:19 p.m. Senator Coons spoke about the investment tax credit.

7:05 p.m. Senator Sullivan spoke about violent attacks on police officers.

7:00 p.m. Senator Wyden addressed his objections to the WRDA bill.

6:56 p.m. Majority Leader McConnell announced at 10:00 p.m. the Senate will conduct up to 3 roll call votes related to the CR. 1. Cloture on the motion to concur. 2. Motion to waive a McCain budget point of order 3. Passage of the CR. If no agreement is reached, vote(s) related to WRDA would occur at 1:00 a.m.

6:35 p.m. Senator Coats spoke federal debt and Medicaid.

6:25 p.m. Senator Gardner gave a tribute to staffer Alan Foust and trooper Cody Donahue.

5:36 p.m. Senators Manchin, Brown, Casey, McCaskill, Coons, Schumer and Merkley spoke in favor of extending miners health benefits.

5:07 p.m. Senator Hatch spoke about Senator Sessions character and Senate business.

4:57 p.m. Senator Warren spoke in support of retired miners.

4:50 p.m. Senator Inhofe spoke on the WRDA bill.

4:14 p.m. Senator Feinstein paid tribute to Senator Boxer.

3:48 p.m. Senator McCain spoke on defense spending.

3:31 p.m. Senator Baldwin spoke on the Water Resources Development Act.

3:20 p.m. Senator Barrasso spoke on the continuing resolution.

3:03 p.m. Senator Durbin spoke on nominations and Senate business.

2:48 p.m. Senator Cornyn spoke on the abduction of journalist Austin Tyce in Syria, upcoming Senate business, and nominations.

2:33 p.m. Senator Cardin spoke on the accession of Montenegro to NATO.

1:46 p.m. Senator Boxer asked unanimous consent to offer an amendment to strip out the California Drought Provision from the Water Resources Development Act. Senator Barrasso objected.

12:42 p.m. Senator Boxer spoke on the continuing resolution and the Water Resources Development Act. Senator Cantwell joined Senator Boxer to speak about the California Drought Provision in WRDA.

12:40 p.m. Senator Cochran spoke on the continuing resolution.

12:22 p.m. Senator Portman spoke about former Senator John Glenn and the heroine and prescription drug crisis.

11:50 a.m. Senator Shaheen spoke on exports, banking and the benefits to small businesses.

11:40 a.m.  Senator Heitkamp agreed with Senator Grassley about whistle blower legislation and spoke on the recent elections.

11:22 a.m. Senator Grassley discussed whistle blower legislation and several regulations he hopes President elect Trump roll back after Inauguration.

11:02 a.m. Senator Klobuchar expressed hope that President-elect Trump will support Ukraine. She spoke about the “Cures” medical research measure. She paid tribute to Senators Reid, Mikulski and Boxer.

10:35 a.m. Senator Leahy spoke about President-elect Trump’s Cuba policy.

10:28 a.m. Senator Daines spoke about the interest on the national debt. He paid tribute to his longtime scheduler, the departing Jessica Whittle.

10:18 a.m. Senator Durbin spoke about Senator Glenn. He also spoke about immigration.

10:09 a.m. Minority Leader Reid spoke in memory of John Glenn.

10:02 a.m. Majority Leader McConnell spoke in memory of John Glenn. He spoke about the continuing resolution and the water resources bill.

* * * * *

The Senate will convene at 10 a.m. and will resume consideration of the House Message to accompany H.R. 2028, the resolution to continue federal spending.

Unless an agreement is reached, the vote on cloture for the continuing resolution (CR) could occur one hour after the Senate convenes on Saturday — that is, as early as 1 a.m. Saturday. If cloture is invoked, the opposition would have up to 30 hours of post-cloture debate. If all that time is used, the vote on passage of the continuing resolution could occur as early as Sunday morning, December 11.

A cloture vote on the legislative vehicle for the Water Resources Development Act (S. 612) is expected to occur immediately after the disposition of the continuing resolution.

No amendments will be in order on either the continuing resolution or the water resources bill.