the Senate Convenes: 9:30amET December 8, 2011

• Following any Leader remarks, the Senate will proceed to Executive Session to consider Calendar #413, the nomination of Richard Cordray, of Ohio, to be Director of the Consumer Financial Protection Bureau with the time until 10:30am equally divided and controlled between the two Leaders or their designees.
• At 10:30am, the Senate will conduct a roll call vote on the motion to invoke cloture on the Cordray nomination.
• When the Senate resumes Legislative Session, the Senate will resume consideration of the motion to proceed to S.1944, the Middle Class Tax Cut Act of 2011.
• As a reminder to all Senators, cloture was filed on the motion to proceed to S.1944, the Middle Class Tax Cut Act of 2011 during Wednesday’s session. Unless an agreement is reached, this vote will be Friday morning.

At approximately 10:30am today, the Senate will conduct a roll call vote on the motion to invoke cloture on the nomination of Richard Cordray, of Ohio, to be Director of the Consumer Financial Protection Bureau.

10:30am The Senate began a roll call vote on the motion to invoke cloture on the nomination of Richard Cordray, of Ohio, to be Director of the Consumer Financial Protection Bureau; Not Invoked: 53-45, 1 voting present

By unanimous consent, at 2:30pm today there will be 2 roll call votes in relation to the following motions:

– Reid motion to proceed to S.1944, Middle Class Tax Cut Act of 2011 (Casey)

– McConnell motion to proceed to S.1931, Temporary Tax Holiday and Government Reduction Act (Heller)

Each motion is subject to a 60-affirmative vote threshold. The time until 2:30pm is equally divided between the two Leaders or their designees. Cloture with respect to the motion to proceed to S.1944 was vitiated.

2:30pm The Senate began a roll call vote on the Reid motion to proceed to S.1944, the Middle Class Tax Cut Act of 2011; Not Agreed to: 50-48 (60-vote threshold)

3:00pm The Senate began a roll call vote on the McConnell motion to proceed to S.1931, Temporary Tax Holiday and Government Reduction Act (60-vote threshold)

Following the vote on the McConnell motion to proceed to S.1931, there will be no further roll call votes this week.

WRAP UP FOR THURSDAY, DECEMBER 8, 2011

ROLL CALL VOTES

1) Motion to invoke cloture on the nomination of Richard Cordray, of OH, to be Director of the Consumer Financial Protection Bureau; Not Invoked: 53-41-1(present)

2) Reid motion to proceed to S.1944, the Middle Class Tax Cut Act of 2011; Not Agreed to: 50-48 (60-vote threshold)

3) McConnell motion to proceed to S.1931, Temporary Tax Holiday and Government Reduction Act; Not Agreed to: 22-76 (60-vote threshold)

LEGISLATIVE ITEMS

Concurred in the House Message to accompany S.J.Res.22, a joint resolution to grant the consent of Congress to an amendment to the compact between the States of Missouri and Illinois providing that bonds issued by the Bi-State Development Agency may mature in not to exceed 40 years.

Discharged the Homeland Security and Governmental Affairs Committee and Passed H.R.2061, the Civilian Service Recognition Act of 2011

Adopted H.Con.Res.86, Directing the Clerk of the House of Representatives to make corrections in the enrollment of H.R. 2061.

Passed S.1974, the Ultralight Aircraft Smuggling Prevention Act of 2011.

No EXECUTIVE ITEMS

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 CURRENT HOUSE FLOOR PROCEEDINGS

LEGISLATIVE DAY OF DECEMBER 8, 2011

112TH CONGRESS – FIRST SESSION

. -The House adjourned pursuant to a previous special order. The next meeting is scheduled for 11:00 a.m. on December 9, 2011.5:15:17 P.M. -On motion to adjourn Agreed to by voice vote.5:15:04 P.M. -Mr. West moved that the House do now adjourn.3:09:14 P.M. -SPECIAL ORDER SPEECHES – The House has concluded all anticipated legislative business and has proceeded to Special Order speeches.3:07:50 P.M. -ONE MINUTE SPEECHES – The House proceeded with further one minute speeches.3:06:59 P.M. -Mr. Cantor asked unanimous consent That when the House adjourns on Friday, December 9, 2011, it adjourn to meet at 12 p.m. on Monday, December 12, 2011, for Morning-Hour Debate. Agreed to without objection.3:06:58 P.M. -Mr. Cantor asked unanimous consent That when the House adjourns on Thursday, December 8, 2011, it adjourn to meet at 11 a.m. on Friday, December 9, 2011. Agreed to without objection.2:46:24 P.M. -COLLOQUY ON HOUSE SCHEDULE – The Chair recognized Mr. Hoyer for the purpose of engaging in a colloquy with Mr. Cantor on the expectations regarding the legislative schedule for the House during the upcoming week.2:45:22 P.M. -ONE MINUTE SPEECHES – The House proceeded with further one minute speeches.2:43:57 P.M. -The House received a message from the Senate. The Senate passed H.R. 470.2:43:20 P.M. -H.R. 1633Motion to reconsider laid on the table Agreed to without objection.2:43:19 P.M. -H.R. 1633On passage Passed by recorded vote: 268 – 150 (Roll no. 912).2:34:44 P.M. -H.R. 1633On motion to recommit with instructions Failed by recorded vote: 166 – 252 (Roll no. 911).2:18:23 P.M. -H.R. 1633The previous question on the motion to recommit with instructions was ordered without objection.2:07:37 P.M. -H.R. 1633DEBATE – The House proceeded with 10 minutes of debate on the DeGette motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment that adds a new section to the bill to prohibit any part of the bill from limiting the Administrator of the Environmental Protection Agency from proposing, finalizing, implementing, or enforcing any regulation promulgated under the Clean Air Act relating to specified emissions.2:06:30 P.M. -H.R. 1633Ms. DeGette moved to recommit with instructions to Energy and Commerce.2:05:16 P.M. -H.R. 1633The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.2:05:01 P.M. -H.R. 1633The previous question was ordered pursuant to the rule.2:04:15 P.M. -H.R. 1633The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1633.2:04:04 P.M. -H.R. 1633On agreeing to the Green, Al amendment; Failed by recorded vote: 170 – 247 (Roll no. 910).2:00:49 P.M. -H.R. 1633On agreeing to the Waxman amendment; Failed by recorded vote: 158 – 257 (Roll no. 909).1:57:34 P.M. -H.R. 1633On agreeing to the Markey amendment; Failed by recorded vote: 165 – 249 (Roll no. 908).1:54:06 P.M. -H.R. 1633On agreeing to the Christensen amendment; Failed by recorded vote: 159 – 250 (Roll no. 907).1:49:58 P.M. -H.R. 1633On agreeing to the Rush amendment; Failed by recorded vote: 150 – 255 (Roll no. 906).1:27:06 P.M. -H.R. 1633UNFINISHED BUSINESS – The Chair announced that the unfinished business was on adoption of amendments which were debated earlier and on which further proceedings were postponed.1:26:13 P.M. -H.R. 1633POSTPONED PROCEEDINGS – At the conclusion of debate on the Al Green (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Green demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.1:16:32 P.M. -H.R. 1633DEBATE – Pursuant to the provisions of H. Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Al Green (TX) amendment.1:16:29 P.M. -H.R. 1633An amendment, offered by Mr. Green, Al, numbered 8 printed in House Report 112-317 to require EPA to provide a report of the increase or decrease in the number of jobs as a result of enactment of the bill.1:16:05 P.M. -H.R. 1633On agreeing to the Schock amendment; Agreed to by voice vote.1:05:54 P.M. -H.R. 1633DEBATE – Pursuant to the provisions of H. Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Schock amendment.1:05:52 P.M. -H.R. 1633An amendment, offered by Mr. Schock, numbered 7 printed in House Report 112-317 to require the EPA to take agriculture jobs and the economic impact on the agriculture industry into account before they issue any new regulations relating to agriculture. If a proposed regulation was found to cause the loss of more than 100 agriculturally related jobs or a decrease in more than $1,000,000 in agriculturally related economic activity then EPA would have to give notice to the State’s Congressional Delegation, Governor, and Legislature, and also hold a public hearing in the impacted State.1:05:25 P.M. -H.R. 1633On agreeing to the Flake amendment; Agreed to by voice vote.1:00:03 P.M. -H.R. 1633DEBATE – Pursuant to the provisions of H. Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment.12:59:42 P.M. -H.R. 1633An amendment, offered by Mr. Flake, numbered 6 printed in House Report 112-317 to add sense of Congress language regarding an approach to excluding so-called `exceptional events’ (like massive dust storms that are not controllable or preventable) from determinations of whether an area is in compliance with the coarse particulate matter standard.12:59:28 P.M. -H.R. 1633POSTPONED PROCEEDINGS – At the conclusion of debate on the Waxman amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Whitfield demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.12:51:45 P.M. -H.R. 1633DEBATE – Pursuant to the provisions of H. Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Waxman amendment.12:51:21 P.M. -H.R. 1633An amendment, offered by Mr. Waxman, numbered 5 printed in House Report 112-317 to require that particulate pollution produced from mining activities is not defined as `nuisance dust’ and thus remains subject to the Clean Air Act.12:50:51 P.M. -H.R. 1633POSTPONED PROCEEDINGS – At the conclusion of debate on the Markey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Markey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.12:42:51 P.M. -H.R. 1633DEBATE – Pursuant to the provisions of H. Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Markey amendment.12:42:34 P.M. -H.R. 1633An amendment, offered by Mr. Markey, numbered 4 printed in House Report 112-317 to ensure that particulate matter containing arsenic and other heavy metals that are hazardous to human health is not nuisance dust and remains subject to the Clean Air Act.12:42:12 P.M. -H.R. 1633On agreeing to the Crawford amendment; Agreed to by voice vote.12:39:03 P.M. -H.R. 1633DEBATE – Pursuant to the provisions of H. Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Crawford amendment.12:38:41 P.M. -H.R. 1633An amendment, offered by Mr. Crawford, numbered 3 printed in House Report 112-317 to direct the Environmental Protection Agency Administrator to consult with the Secretary of Agriculture when modifying National Ambient Air Quality Standards with respect to `nuisance dust’ under exceptions provided in Sec. 132(b) of the Farm Dust Regulation Prevention Act of 2011.12:38:17 P.M. -H.R. 1633POSTPONED PROCEEDINGS – At the conclusion of debate on the Christensen amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mrs. Christensen demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.12:29:39 P.M. -H.R. 1633DEBATE – Pursuant to the provisions of H. Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Christensen amendment.12:29:20 P.M. -H.R. 1633An amendment, offered by Mrs. Christensen, numbered 2 printed in House Report 112-317 to allow the EPA the authority under the Clean Air Act to step in and take action to reduce dangerous particle pollution if state, local, or tribal laws are not sufficient to protect public health.12:28:35 P.M. -H.R. 1633POSTPONED PROCEEDINGS – At the conclusion of debate on the Rush amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Rush demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.12:22:23 P.M. -H.R. 1633DEBATE – Pursuant to the provisions of H. Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Rush amendment.12:22:03 P.M. -H.R. 1633An amendment, offered by Mr. Rush, numbered 1 printed in House Report 112-317 to clarify that nothing in the bill precludes the EPA Administrator from enforcing National Ambient Air Quality Standards (NAAQS) for PM2.5 and would delete section 3, which allows the EPA to regulate `nuisance dust’ in areas where states and localities do not do so if it substantially hurts public health and if the benefits of applying standards would outweigh the costs.11:19:27 A.M. -H.R. 1633GENERAL DEBATE – The Committee of the Whole proceeded with one hour of general debate on H.R. 1633.11:19:19 A.M. -H.R. 1633The Speaker designated the Honorable Steve Womack to act as Chairman of the Committee.11:19:18 A.M. -H.R. 1633House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 487 and Rule XVIII.11:18:47 A.M. -H.R. 1633Rule provides for consideration of H.R. 1633 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against consideration of the bill; proivdes that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce shall be considered as original text for the purpose of amendment and shall be considered as read. Further it waives all points of order against the committee amendment in the nature of a substitute.11:18:42 A.M. -H.R. 1633Considered under the provisions of rule H. Res. 487. H.R. 1633 — “To establish a temporary prohibition against revising any national ambient air quality standard applicable to coarse particulate matter, to limit Federal regulation of nuisance dust in areas in which such dust is regulated under State, tribal, or local law, and for other purposes.”11:18:37 A.M. -On approving the Journal Agreed to by recorded vote: 312 – 94, 1 Present (Roll no. 905).11:12:04 A.M. -H.R. 1254Motion to reconsider laid on the table Agreed to without objection.11:12:03 A.M. -H.R. 1254On motion to suspend the rules and pass the bill, as amended Agreed to by recorded vote (2/3 required): 317 – 98 (Roll no. 904).11:04:59 A.M. -H.R. 1254Considered as unfinished business. H.R. 1254 — “To amend the Controlled Substances Act to place synthetic drugs in Schedule I.”11:04:53 A.M. -H. Res. 487Motion to reconsider laid on the table Agreed to without objection.11:04:52 A.M. -H. Res. 487On agreeing to the resolution Agreed to by recorded vote: 249 – 161 (Roll no. 903).10:58:46 A.M. -H. Res. 487On ordering the previous question Agreed to by the Yeas and Nays: 241 – 173 (Roll no. 902).10:31:23 A.M. -H. Res. 487Considered as unfinished business. H. Res. 487 — “Providing for consideration of the bill (H.R. 1633) to establish a temporary prohibition against revising any national ambient air quality standard applicable to coarse particulate matter, to limit Federal regulation of nuisance dust in areas in which such dust is regulated under State, tribal, or local law, and for other purposes.”10:30:30 A.M. -UNFINISHED BUSINESS – The Chair announced that the unfinished business was on ordering the previous question and adoption of H. Res. 487, a motion to suspend the rules, and adoption of the Speaker’s approval of the Journal, all of which had debated earlier and on which further proceedings had been postponed.10:30:00 A.M. -The House convened, returning from a recess continuing the legislative day of December 8.9:50:46 A.M. -The Speaker announced that the House do now recess. The next meeting is subject to the call of the Chair.9:50:08 A.M. -H. Res. 487POSTPONED PROCEEDINGS – At the conclusion of debate on H. Res. 487, the Chair put the question on ordering the previous question and by voice vote announced that the ayes had prevailed. Mr. Polis (CO) demanded the yeas and nays, and the Chair postponed further proceedings on ordering the previous question until later in the legislative day.9:15:40 A.M. -H. Res. 487DEBATE – The House proceeded with one hour of debate on H. Res. 487.9:15:20 A.M. -H. Res. 487Considered as privileged matter. H. Res. 487 — “Providing for consideration of the bill (H.R. 1633) to establish a temporary prohibition against revising any national ambient air quality standard applicable to coarse particulate matter, to limit Federal regulation of nuisance dust in areas in which such dust is regulated under State, tribal, or local law, and for other purposes.”9:15:00 A.M. -The House received a message from the Senate. The Senate passed S. 1958.9:03:31 A.M. -ONE MINUTE SPEECHES – The House proceeded with one minute speeches which by direction of the Chair, would be limited to 5 per side of the aisle.9:02:00 A.M. -PLEDGE OF ALLEGIANCE – The Chair designated Mr. Poe of TX to lead the Members in reciting the Pledge of Allegiance to the Flag.9:01:00 A.M. -POSTPONED PROCEEDINGS ON APPROVAL OF THE JOURNAL – The Chair announced that he had examined the Journal of the last day’s proceedings and had approved it. Mr. Pitts demanded that the question be put on agreeing to the Speaker’s approval of the Journal and by voice vote, the Chair announced that the ayes had prevailed. Mr. Pitts objected to the voice vote based upon the absence of a quorum and the Chair postponed further proceedings on the question of agreeing to the approval of the Journal until later in the legislative day. The point of no quorum was considered as withdrawn.9:00:20 A.M. -Today’s prayer was offered by the House Chaplain, Rev. Patrick J. Conroy.9:00:10 A.M. -The Speaker designated the Honorable Candice S. Miller to act as Speaker pro tempore for today.9:00:00 A.M. -The House convened, starting a new legislative day.