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Today was supposed to be D-Day when it came to the so-called nuclear option in the Senate — a relatively minor change in the Senate rules to stop a minority of senators from using the filibuster as a means of nullifying democratically created government agencies and functions that they object to purely for ideological reasons.
After a three and a half hour meeting last night and ongoing negotiations through this morning, senators announced a deal to avert changing the Senate rules. Nevertheless, the deal represents a huge victory for Democrats and an almost unconditional surrender on the part of Senate Republicans.
Here’s the main elements of the deal:
Interestingly, Senate Minority Leader McConnell (R-KY) had offered a deal last night that would have also confirmed the current group of seven nominees, but would’ve required Democrats to promise to never again threaten to change the rules. Senate Majority Leader Reid (D-NV) wisely rejected this offer in favor of the offer outlined above made by Sen. John McCain (R-AZ) and a group of breakaway Republicans.
Real progress has already been made as a result of this deal. CFPB nominee Richard Cordray had been prevented from receiving an up-or-down vote by Senate Republicans for 730 days. Following today’s deal, a cloture motion on his nomination passed 71-29 and a final confirmation vote is expected later today.
Hopefully this new spirit of cooperation from Senate Republicans will also extend to other areas. The president deserves up-or-down votes on his judicial nominations, which have also faced unprecedented levels of obstruction and delay from some Senate Republicans. In particular, we look forward to timely votes on the president’s three nominations to the D.C. Circuit Court of Appeals.
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The Senate will convene at 9:30am on Wednesday, July 17, 2013.
10:01am The Senate began a 15 minute roll call vote on the motion to invoke cloture on Executive Calendar #178, the nomination of Fred P. Hochberg, of New York, to be President of the Export-Import Bank of the United States;
Invoked: 82-18
There will now to be up to 8 hours for debate prior to a vote on confirmation of Executive Calendar #178, the nomination of Fred P. Hochberg, of New York, to be President of the Export-Import Bank of the United States. Upon disposition of the nomination we will proceed immediately to a vote on the motion to invoke cloture on the Perez nomination. We hope to yield back some of that time and have those votes early this afternoon. Senators will be notified when any votes are schedule.
We expect to have a series of 2 roll call votes as early as 3:30pm. Those votes would be on the following items:
– Confirmation of Executive Calendar #178, the nomination of Fred P. Hochberg, of New York, to be President of the Export-Import Bank of the United States; and
– Motion to invoke cloture on Executive Calendar #99, the nomination of Thomas Edward Perez, of Maryland, to be Secretary of Labor.
3:36pm The Senate began a roll call vote on Confirmation of Executive Calendar #178, the nomination of Fred P. Hochberg, of New York, to be President of the Export-Import Bank of the United States;
Confirmed: 82-17
4:09pm The Senate began a roll call vote on the motion to invoke cloture on Executive Calendar #99, the nomination of Thomas Edward Perez, of Maryland, to be Secretary of Labor;
Invoked: 60-40
There will be no further roll call votes today.
Senator Murray asked unanimous consent the Senate proceed to the consideration of Calendar #33, H.Con.Res.25; the amendment at the desk, which is the text of S.Con.Res.8, the budget resolution passed by the Senate, be inserted in lieu thereof; and that H.Con.Res.25, as amended, be agreed to. Further, 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; and that following the authorization, two motions to instruct conferees be in order from each side:
– Motion to instruct relative to the debt limit; and
– Motion to instruct relative to taxes/revenue;
That there be two hours of debate equally divided between the two Leaders, or their designees, prior to votes in relation to the motions; further, that no amendments be in order to either of the motions prior to the votes; all of the above occurring with no intervening action or debate.
Senator Lee asked that the request be modified so that it not be in order for the Senate to consider a conference report that includes reconciliation instructions to raise the debt limit. Senator Murray objected to Senator Lee’s modification because she offered the Senator to vote on motions to instruct conferees on the debt limit. Finally, Senator Lee objected to Senator Murray’s original request.
WRAP UP
ROLL CALL VOTES
1) Motion to invoke cloture on Executive Calendar #178, the nomination of Fred P. Hochberg, of NY, to be President of the Export-Import Bank of the United States; Invoked: 82-18
2) Confirmation of Executive Calendar #178, the nomination of Fred P. Hochberg, of NY, to be President of the Export-Import Bank of the United States Confirmed: 82-17
3) Motion to invoke cloture on Executive Calendar #99, the nomination of Thomas Edward Perez, of MD, to be Secretary of Labor; Invoked: 60-40
LEGISLATIVE ITEMS
Discharged the Judiciary committee and adopted S.Res.183, commemorating the relaunching of 172-year-old Charles W. Morgan by Mystic Seaport: The Museum of America and the Sea.
Began the Rule 14 process of S.1315, Keep the IRS Off Your Health Care Act. (Cornyn)
Began the Rule 14 process of S.1316, Protecting Seniors’ Access to Medicare Act. (Cornyn)
Began the Rule 14 process of H.R.1911, Smarter Solutions for Students Act.
No additional EXECUTIVE ITEMS
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Watch Live House Floor Proceedings
Last Floor Action:
4:59:09 P.M. -H.R. 2668
WORDS TAKEN
DOWN – During the course of debate, exception was taken to certain words used
and a demand was made to have words taken down. Mr. Price (GA) asked unanimous
consent to withdraw the words. Without objection the words were withdrawn. The
House resumed with debate on H.R. 2668.
| 10:00:19 A.M. | The House convened, starting a new legislative day. | |
| 10:00:35 A.M. | The Speaker designated the Honorable Thomas Massie to act as Speaker pro tempore for today. | |
| 10:00:52 A.M. | MORNING-HOUR DEBATE – The House proceeded with Morning-Hour Debate. At the conclusion of Morning-Hour, the House will recess until 12:00 p.m. for the start of legislative business. | |
| 10:40:05 A.M. | The Speaker announced that the House do now recess. The next meeting is scheduled for 12:00 P.M. today. |
| 12:00:21 P.M. | The House convened, returning from a recess continuing the legislative day of July 17. | |
| 12:00:25 P.M. | Today’s prayer was offered by Reverend Robert Wagenseil, Calvary Episcopal Church, Indian Rocks Beach, Florida. | |
| 12:01:56 P.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. Wilson (SC) 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. Wilson (SC) 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 a time to be announced. | |
| 12:02:34 P.M. | PLEDGE OF ALLEGIANCE – The Chair designated Mrs. Beatty to lead the Members in reciting the Pledge of Allegiance to the Flag. | |
| 12:03:08 P.M. | ONE MINUTE SPEECHES – The House proceeded with one minute speeches which by direction of the Chair, would be limited to 15 per side of the aisle. | |
| 12:40:00 P.M. | H. Res. 300 | Considered as privileged matter. H. Res. 300 — “Providing for consideration of the bill (H.R. 2668) to delay the application of the individual health insurance mandate; and providing for consideration of the bill (H.R. 2667) to delay the application of the employer health insurance mandate, and for other purposes.” |
| 12:41:14 P.M. | H. Res. 300 | DEBATE – The House proceeded with one hour of debate on H. Res. 300. |
| 1:36:31 P.M. | H. Res. 300 | POSTPONED PROCEEDINGS – At the conclusion of debate on H. Res. 300, the Chair put the question on ordering the previous question and by voice vote, announced that the ayes had prevailed. Ms. Slaughter demanded the yeas and nays, and the Chair postponed further proceedings on ordering the previous question until a time to be announced. |
| 1:36:41 P.M. | The Speaker announced that the House do now recess. The next meeting is subject to the call of the Chair. | |
| 2:16:31 P.M. | The House convened, returning from a recess continuing the legislative day of July 17. | |
| 2:16:41 P.M. | UNFINISHED BUSINESS – The Chair announced that the unfinished business was on ordering the previous question on H. Res. 300, which was debated earlier and on which further proceedings had been postponed. | |
| 2:17:23 P.M. | H. Res. 300 | Considered as unfinished business. H. Res. 300 — “Providing for consideration of the bill (H.R. 2668) to delay the application of the individual health insurance mandate; and providing for consideration of the bill (H.R. 2667) to delay the application of the employer health insurance mandate, and for other purposes.” |
| 2:44:10 P.M. | H. Res. 300 | On ordering the previous question Agreed to by the Yeas and Nays: 230 – 192 (Roll no. 357). |
| 2:51:05 P.M. | H. Res. 300 | On agreeing to the resolution Agreed to by the Yeas and Nays: 232 – 183 (Roll no. 358). |
| 2:51:06 P.M. | H. Res. 300 | Motion to reconsider laid on the table Agreed to without objection. |
| 2:52:16 P.M. | The Speaker announced that the House do now recess. The next meeting is subject to the call of the Chair. | |
| 2:55:59 P.M. | The House convened, returning from a recess continuing the legislative day of July 17. | |
| 2:57:09 P.M. | Mr. Polis moved that the House do now adjourn. | |
| 3:13:13 P.M. | On motion to adjourn Failed by recorded vote: 10 – 409 (Roll no. 359). | |
| 3:13:56 P.M. | H.R. 2667 | Considered under the provisions of rule H. Res. 300. H.R. 2667 — “To delay the application of the employer health insurance mandate, and for other purposes.” |
| 3:14:01 P.M. | H.R. 2667 | The resolution provides for consideration of H.R. 2667 and H.R. 2668 under a closed rule. The resolution provides for one hour of general debate and one motion to recommit in each instance. |
| 3:14:32 P.M. | H.R. 2667 | DEBATE – The House proceeded with one hour of debate on H.R. 2667. |
| 4:29:58 P.M. | H.R. 2667 | The previous question was ordered pursuant to the rule. |
| 4:30:21 P.M. | H.R. 2667 | POSTPONED PROCEEDINGS – Pursuant to clause 1(c) of rule XIX, the Chair postponed further proceedings on H.R. 2667 until a time to be announced. |
| 4:30:49 P.M. | H.R. 2668 | Considered under the provisions of rule H. Res. 300. H.R. 2668 — “To delay the application of the individual health insurance mandate.” |
| 4:30:54 P.M. | H.R. 2668 | The resolution provides for consideration of H.R. 2667 and H.R. 2668 under a closed rule. The resolution provides for one hour of general debate and one motion to recommit in each instance. |
| 4:31:06 P.M. | H.R. 2668 | DEBATE – The House proceeded with one hour of debate on H.R. 2668. |
| 4:59:09 P.M. | H.R. 2668 | WORDS TAKEN DOWN – During the course of debate, exception was taken to certain words used and a demand was made to have words taken down. Mr. Price (GA) asked unanimous consent to withdraw the words. Without objection the words were withdrawn. The House resumed with debate on H.R. 2668. |
| 4:59:09 P.M. | H.R. 2668 | WORDS TAKEN DOWN – During the course of debate, exception was taken to certain words used and a demand was made to have words taken down. Mr. Price (GA) asked unanimous consent to withdraw the words. Without objection the words were withdrawn. The House resumed with debate on H.R. 2668. |
| 5:55:26 P.M. | H.R. 2668 | The previous question was ordered without objection. |
| 5:55:39 P.M. | H.R. 2668 | POSTPONED PROCEEDINGS – The Chair announced that further proceedings on the consideration of H.R. 2668 would be postponed. |
| 5:56:30 P.M. | H.R. 2667 | Considered as unfinished business. H.R. 2667 — “To delay the application of the employer health insurance mandate, and for other purposes.” |
| 5:56:45 P.M. | H.R. 2667 | Mr. Andrews moved to recommit with instructions to Ways and Means. |
| 5:57:13 P.M. | H.R. 2667 | DEBATE – The House proceeded with ten minutes of debate on the Andrews motion to recommit with instructions pending reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment providing that nothing in the Act shall be construed to allow employers to reduce insurance coverage for individuals and families who currently receive job-based health benefits. Subsequently, the reservation of a point of order was withdrawn. |
| 6:03:46 P.M. | H.R. 2667 | The previous question on the motion to recommit with instructions was ordered without objection. |
| 6:28:35 P.M. | H.R. 2667 | On motion to recommit with instructions Failed by the Yeas and Nays: 188 – 230 (Roll no. 360). |
| 6:36:23 P.M. | H.R. 2667 | On passage Passed by the Yeas and Nays: 264 – 161 (Roll no. 361). |
| 6:36:24 P.M. | H.R. 2667 | Motion to reconsider laid on the table Agreed to without objection. |
| 6:37:03 P.M. | H.R. 2668 | Considered as unfinished business. H.R. 2668 — “To delay the application of the individual health insurance mandate.” |
| 6:37:22 P.M. | H.R. 2668 | Mr. Andrews moved to recommit with instructions to Ways and Means. |
| 6:37:38 P.M. | H.R. 2668 | DEBATE – The House proceeded with ten minutes of debate on the Andrews motion to recommit with instructions pending reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment which prohibits anything in the Act from being construed to alter, delay, or weaken: 1) Section 1402 of the Affordable Care Act (which reduces out-of-pocket costs and cost-sharing for individuals and families); 2) Sections 1001 and 1401 of the Affordable Care Act (which provide tax credits and rebates for health insurance); or 3) Section 1201 of the Affordable Care Act (which prohibits discrimination on the basis of pre-existing conditions and gender). Subsequently, the reservation of a point of order was withdrawn. |
| 6:46:10 P.M. | H.R. 2668 | The previous question on the motion to recommit with instructions was ordered without objection. |
| 6:53:19 P.M. | H.R. 2668 | On motion to recommit with instructions Failed by the Yeas and Nays: 193 – 230 (Roll no. 362). |
| 7:00:05 P.M. | H.R. 2668 | On passage Passed by the Yeas and Nays: 251 – 174 (Roll no. 363). |
| 7:00:06 P.M. | H.R. 2668 | Motion to reconsider laid on the table Agreed to without objection. |
| 7:00:17 P.M. | H.R. 2668 | Pursuant to the provisions of H. Res. 300, in the engrossment of H.R. 2668, the text of H.R. 2667, as passed by the House, was appended as new matter at the end of H.R. 2668. |
| 7:01:59 P.M. | UNFINISHED BUSINESS – The Chair announced that the unfinished business was the question of agreeing to the Speaker’s approval of the Journal which had been postponed from earlier in the legislative day. | |
| 7:02:38 P.M. | On approving the Journal Agreed to by voice vote. | |
| 7:03:09 P.M. | The House received a communication from the Honorable Nancy Pelosi, Democratic Leader. Pursuant to Section 4(b) of the World War I Centennial Commission act (Pub. L. 112-272), Ms. Pelosi notified the House that she appointed Mr. Robert Dalessandro of Alexandria, Virginia, to the World War I Centennial Commission. | |
| 7:04:10 P.M. | The Speaker laid before the House a message from the President transmitting a communication with respect to the national emergency with respect to Liberia – referred to theCommittee on Foreign Affairs and ordered to be printed (H. Doc. 113-47). | |
| 7:04:11 P.M. | ONE MINUTE SPEECHES – The House proceeded with further one minute speeches. | |
| 7:19:51 P.M. | H.R. 2667 | Pursuant to the provisions of H. Res. 300, H.R. 2667 is laid on the table. |
| 7:20:44 P.M. | SPECIAL ORDER SPEECHES – The House has concluded all anticipated legislative business and has proceeded to Special Order speeches. | |
| 9:09:00 P.M. | Ms. Foxx filed a report from the Committee on Rules on H. Res. 303. | |
| 9:10:00 P.M. | SPECIAL ORDER SPEECHES – The House resumed with Special Order speeches. |
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| I just wanted to let you know that we are $4,500 dollars away from our goal! As Earth Day Network’s tree planting program coordinator I routinely hear stories of thanks and gratitude from the men, women, and children who are impacted by our plantings. Recently, I was told by Henry Kunduba, a farmer from Uganda, that the trees EDN helped him plant has already improved his crop yields – “I’m happy to have planted Calliandra trees as a fence on my land. I also use them to feed my goats. I need more Calliandra so that I can plant on all my land.” Through your support, we can continue to help people like Henry improve their livelihoods and provide for their families.
— John ——
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