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The Senate will convene at 3:00 pm today and will be in Morning Business until 4:30 pm. At 4:30 pm, the Senate will turn to Executive Session to consider Executive Calendar #249, Stephen A. Higginson, to be United States Circuit Judge for the Fifth Circuit. At 5:30 pm, we will vote on confirmation. We expect this to be the only vote today.

Tomorrow at a time to be determined by the two Leaders, the Senate will resume consideration of H.R. 2112, the Agriculture/Rural Development Appropriations bill (vehicle for the Ag, CJS, and THUD minibus) and conduct the following votes:

(1) Coburn amendment #800 (reduce Rural Development Agency funding);

(2) Paul amendment #821 (increase highway bridge fund program) (60 votes required);

(3) DeMint amendment #763 (no funds for rule re: asthma inhalers);

(4) Crapo amendment #814 (implementation of Title VII of Dodd-Frank bill) (60 votes required);

(5) Lee Motion to Recommit with instructions to report back with spending reduced to FY2011 levels;

(6) Coburn amendment #801 (eliminate funding for the Small Community Air Service Development Program); and

(7) Final passage

After we complete action on the minibus, it is unclear what legislative item Leader Reid will turn to on the Senate floor. Press reports suggest Leader Reid could turn to a $60 billion infrastructure bill which would include a surtax on small businesses. We have not seen the text of this package but will share as soon as we have it. We also expect to have a GOP side-by-side.

I've pasted a press release below regarding the House passage of the 3% withholding bill (which was introduced in the Senate by Senator Scott Brown). Leader McConnell will push for passage of this bill during this work period.

Items which are possible for the November work period include: CR (expires 11/18); Appropriations minibus (likely Energy and Water, Financial Services, and one of the following: State/Foreign Operations, Homeland Security, or Legislative Branch), Infrastructure legislation, Nominations, Jobs legislation, 3% withholding bill, and DOD Authorization.

As you may know, the House released their 2012 calendar last week. A number of you have asked when the 2012 Senate Schedule will be released. We expect Leader Reid to announce the schedule sometime this week. We will pass it

Two other quick scheduling notes: Friday, November 11th is Veterans Day. Also, Leader Reid announced November 14th is a No Vote Day.

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Lanier Swann

For Immediate Release, Thursday, October 20, 2011

A Bill Job Creators Actually Want

'The President asked us to come together and pass pieces of his bill. Here's one that all 100 Senators should agree on. Let's vote on it, and prove the skeptics wrong by acting in a bipartisan fashion on something that the job creators in this country actually want.'

Washington, D.C. - U.S. Senate Republican Leader Mitch McConnell made the following statement on the Senate floor Thursday regarding a vote on the bipartisan Withholding Tax Relief Act:

"Everybody in this body knows that the American people want us to do something about the jobs crisis.

"What Republicans have been saying is that raising taxes on business owners isn't the way to do it.

"So what we've done is we've combed through the President's latest stimulus bill looking for things we can actually support, for things that don't punish the very people we're counting on to create jobs.

"In other words, since the President never asked if there was anything in this legislation we could support, we've done it ourselves.

"And it turns out there's a very sensible provision in there that would help businesses across the country.

"In fact, it's identical to a bill Senator Brown introduced with 30 co-sponsors earlier this year, many of them Democrats: Senator Begich, Senator Klobuchar, Senator Pryor, Senator Tester, Senator Franken and Senator McCaskill--they're all co-sponsors of Senator Brown's bill.

"What this bill does is it repeals an existing requirement that government agencies at the state, local, and federal level withhold three percent of every payment to any contractor they do business with.

"This is money contractors may very well end up getting back from the IRS at some point long after the job is done, but in the meantime, the government gets to hold on to it instead of allowing the businesses to invest it in jobs and the economy.

"This is money these companies could be putting toward hiring workers and growing their businesses, but it's going to the IRS instead, basically as a zero-interest loan to the federal government in Washington.

"Now, I know that members on both sides of the aisle are hearing from constituents about how burdensome this regulation is.

"That's why President Obama himself already embraced delaying its implementation in his first Stimulus bill, and proposed delaying it again in his latest stimulus bill.

"And that's why Senator Brown got so many Democrat sponsors when he proposed a full repeal.

"Like the President's bill, this bill is fully offset. And the offset we're proposing has been supported by our friends across the aisle.

"In fact, the last time it saw a vote, I think 81 Senators voted for it. So the bill we're proposing is bipartisan, and the offset we're proposing is bipartisan.

"There's no reason in the world that Democrats -- including the President -- should oppose it. If delaying this legislation was a good idea before, repealing it should be an even better idea now.

"This bill is supported by hundreds of business groups representing job creators across America.

"We should come together and act right now; make it easier for them to create jobs for a change, not harder.

"The President asked us to come together and pass pieces of his bill.

"Here's one that all 100 Senators should agree on.

"Let's vote on it, and prove the skeptics wrong by acting in a bipartisan fashion on something that the job creators in this country actually want."

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Email Message from the Senate Rupblican Communication Center:

Designed To Fail

Senate Democrats Block 'Important' Part Of President's Plan, Another 'Narrowly Targeted Exercise In 2012 Politics'

Senate Democrats Reject 'Important' Part Of The President's Stimulus Bill. (S. 726, Roll Call Vote #178, Cloture Motion Rejected 57-43: R 47-0, D 10-41, I 0-2, 10/20/11) View that Here:
http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=112&session=1&vote=00178

JAY CARNEY: 'They're All Important, They're All Of Equal Value' Q: "Can you give us any guidance on which part [of the president's bill] is likely to come up first?" CARNEY: "... It really doesn't matter to us, because they're all important, they're all of equal value..." (White House Press Briefing, 10/17/11)

A 'Narrowly Targeted Exercise In 2012 Politics'

"President Barack Obama didn't do much to bring along lawmakers on his jobs bill -- and it showed... the relentless focus on the American Jobs Act wasn't about racking up a legislative win. It was always about laying the foundation for ... 2012." ("Obama Looks Past Hill On Jobs Bill," Politico, 10/11/11)

"The reality in Congress is this bill has virtually no chance of passing and Democrats know that." (Kate Bolduan, CNN's Situation Room, 10/19)

"...narrowly targeted exercise in 2012 politics." ("The Obama Bus Trip: A Political Guide," Politico, 10/17/11)

"...Obama's latest attempt to combine campaigning for his jobs bill with campaigning for his re-election." ("Obama Touring To Support Pieces Of Jobs Bill," AP, 10/17/11)

"...Senate Democrats planned action first on a longshot plan to help states... In campaign mode on the road, Obama accused Republican senators of saying no..." ("Obama Seeks Votes On Jobs, Piece By Piece," AP, 10/17/11)

'A Major Component Of His Reelection Strategy'

VP JOE BIDEN: 'Are we campaigning? ... Yes!' "Vice President Joe Biden lashed out at critics today who have claimed that his and the President's efforts to get a job's bill passed is mere 'campaigning.' 'Are we campaigning?' he said. 'Yes!'" ("Biden: 'Are We Campaigning? Yes!'" NBC, 10/18/11)

"David Axelrod... released a campaign memo on Tuesday signaling that Obama would make his American Jobs Act a major component of his reelection strategy, pummeling Republicans who obstruct his attempts to revive the economy." ("Axelrod To Raise Obama Dough In Arizona," The Hill's Ballot Box, 10/12/11)

'Public Theater,' 'Stagecraft,' A 'Play'

"...the president collected checks and engaged in stagecraft..." ("Barack Obama Stumps For Jobs Bill, Raises Cash During Orlando Stop," St. Petersburg Times, 10/12/11)

"public theater ... they know it's going nowhere." "Democrats may not vote on President Barack Obama's jobs bill just once. They could hold several votes on it, even though they know it's going nowhere. But that's just the public theater." ("Democrats' Plan B On Jobs Bill: Go Smaller," Politico, 10/10/11)

"WH senior aide pre-spinning the Jobs bill defeat in senate: 'first act of a long term play.'" (@Chucktodd, Twitter, 10/11/11)

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SENATE REPUBLICAN COMMUNICATIONS CENTER

202.228.NEWS

In a Separate Email from the SRCC:

'Spending Money We Don't Have'

Several Senate Democrats Want Everyone To Know That They Oppose The Latest Mini-Stimulus Bill

'Will Not Solve The Fiscal Problem,' Won't 'Guarantee Job Certainty'

SEN. BEN NELSON (D-NE): "If I didn't think much of it on the one thing, you've got to assume that I won't think much of it for something else ... I don't think you increase taxes for new spending." ("Jon Tester, Ben Nelson Unsure On Teachers Bill," Politico, 10/17/11)

SEN. JOE MANCHIN (D-WV): "...this bill will not solve the fiscal problem..." (Sen. Manchin, Floor Remarks, 10/20/11)

· MANCHIN (D-WV): "We've already had two rounds of stimulus funding. This is our third... We only created 33 new jobs the first round [of stimulus] with over $217 million... We have to be responsible, and basically if spending money would fix our problems in America, we'd have no problems." (Sen. Manchin, Floor Remarks, 10/20/11)

SEN. JON TESTER (D-MT): "I'm all for individual states making smart choices with their own money, but giving them federal money and just hoping they'll use it for education and teachers -- well, that's not good enough. With that kind of money, we need guarantees." (Sen. Tester, Floor Remarks, 10/20/11)

· TESTER (D-MT): "Mr. President, only after this final bill is amended to guarantee job certainty will it be able to earn my vote. And in order to amend it, I'm going to vote for the motion to proceed. My vote is a vote for debate that we ought to have." (Sen. Tester, Floor Remarks, 10/20/11)

SEN JOE LIEBERMAN (ID-CT): "[W]hen you look at the president's jobs act, even if you break it down to bite-sized pieces, it's spending money we don't have, and you got to raise taxes to pay for it, and to me, all that just makes the job of the debt reduction committee, the committee itself, even harder." (Fox News, 10/18/11)

· LIEBERMAN (ID-CT): "Our economy needs a jolt. Paying for more state jobs is not going to be that jolt." ("Lieberman: 'Bite-Size' Won't Work," Politico, 10/18/11)

SEN. MARK PRYOR (D-AR): "It's a little philosophical in the sense that I'm not sure federal taxpayers should be paying for teachers and first responders. That's traditionally a state and local matter...I have a big question mark about whether the teacher portion benefits our state at all because of some of the stuff we've done on the state level over the past few years." ("Spending Bill Hits Wall With Moderates," Politico, 10/19/11)

SEN. MARY LANDRIEU (D-LA): "...said she was not convinced that the overall bill was 'the right way forward.'" ("Jobs Bill Momentum Eludes Senate Democrats," CQ, 10/18/11)

SEN. JIM WEBB (D-VA): "Virginia Sen. Jim Webb, for one, opposes the bill because of how it is paid for..." ("Joe Biden Plugs Jobs Bill At Hill Rally," Politico, 10/19/11)

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SENATE REPUBLICAN COMMUNICATIONS CENTER

202.228.NEWS