Tag Archives: Jim DeMint

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HEALTH CARE:An Activist Decision


Yesterday, a conservative district court judge appointed by President Ronald Reagan ruled that the individual mandate in the Affordable Care Act is unconstitutional, arguing further that, since he believes the mandate is “inextricably linked” to the rest of the measure, the entire law must be unconstitutional. “The act, like a defectively designed watch, needs to be redesigned and reconstructed by the watchmaker,” Judge Roger Vinson wrote. The ruling, however, contradicts 14 other court decisions, the opinion of over 100 law professors, not to mention recent polling showing that Americans want the law to be either protected or expanded. There is also a distinctly political aspect to the ruling. Vinson acknowledged borrowing heavily in his opinion from a brief written by the right-wing group Family Research Council, and he seemed to give a shout-out to the Tea Party in his ruling, which has long targeted health care reforms as “economic Marxism.”

THE RULING: Vinson ruled that, “[i]f Congress can penalize a passive individual for failing to engage in commerce, the enumeration of powers in the Constitution would have been in vain.” However, as the Center for American Progress’ Ian Millhiser writes, “there is a long line of Supreme Court decisions holding that Congress has broad power to enact laws that substantially affect prices, marketplaces, or other economic transactions. Because health care comprises approximately 17 percent of the national economy, it is impossible to argue that a bill regulating the national health care market does not fit within Congress’s power to regulate commerce.” The Supreme Court has long held that Congress can exercise its constitutional power to regulate interstate commerce to regulate insurance, which the Court has stated “touches the home, the family, and the occupation or the business of almost every person in the United States.” A group of 35 economists — including three Nobel Prize winners — argue that the minimum coverage provision is “necessary to achieving Congress’ goal of reforming the national health insurance market and making quality medical care available to millions of Americans.” After finding the law unconstitutional, Vinson did not issue an injunction to halt the law’s implementation, but wrote that “the federal government should adhere to his declaratory judgment as the functional equivalent of an injunction.” This is quite confusing. It would be wise for states to wait for a Supreme Court ruling, but also under the Affordable Care Act, 12.5 million Americans are eligible to receive benefits right now — for example, three million seniors have already gotten checks to help make prescription drugs more affordable, and 1.8 million young adults who previously did not have insurance are able to get health coverage through their parents’ plan. Should these people immediately surrender their benefits because of Vinson’s ruling?

RED MEAT FOR THE RIGHT: There is undoubtedly a political context to Vinson’s ruling. Almost immediately following passage of the Affordable Care Act, Republicans began agitating for a full repeal. It was a major, stated goal of Republican and Tea Party candidates in the midterm elections, and the House of Representatives passed a repeal as soon as the GOP took control of the chamber. In the Senate, every Republican Senator has signed onto a repeal bill authored by Tea Party favorite Sen. Jim DeMint (R-SC). In his ruling, Vinson seemed to offer several nods to this far-right political movement. He referenced the “opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America,” which spoke directly to Tea Party activists across the country. “It’s very exciting. He’s invoking the tea party movement,” noted Mark Meckler, co-founder and national coordinator of the Tea Party Patriots, one of the largest tea party organizing groups. Vinson also “borrowed heavily” from the ultra-conservative Family Research Council in his ruling, which has been labeled a hate group by the Southern Poverty Law Center because of its extensive history of “defaming gays and lesbians.” Conservative media outlets were quick to amplify Vinson’s ruling. On Fox News this morning, Fox & Friends anchor Steve Doocy triumphantly noted for his audience that “we’ve argued on this program” that the individual mandate is “against the law.” Bill O’Reilly led his program last night with the news, and confidently predicted the Supreme Court would agree with Vinson: “say goodbye to Obamacare,” O’Reilly crowed.

A BUMP IN THE ROAD: Though Vinson’s reasoning seems to be faulty, there is potential for further rulings that would reinforce his view. The Department of Justice will appeal Vinson’s ruling, but the case will likely head to the Eleventh Circuit in Atlanta, “considered one of the country’s most conservative appellate benches.” (Hudson’s ruling in Virginia “is already with another conservative court, the United States Court of Appeals for the Fourth Circuit in Richmond.”) This is likely to ultimately reach the Supreme Court. However, Vinson’s reasoning seems to go against the findings of even conservative Supreme Court justices like Antonin Scalia. And while Vinson and Hudson issued high-profile rulings overturning health care reform, two other district court judges have upheld the law, and a total of 14 courts have found challenges to the individual mandate to be either without standing, or baseless. Also, more than 100 law professors recently signed a letter explaining that “the current challenges to the constitutionality of this legislation seek to jettison nearly two centuries of settled constitutional law.” In the past, when Congress has passed historic legislation, there have often been challenges — and victories for the challengers — in lower courts. But these have almost always been overturned by the Supreme Court. In United States v. Darby, the Supreme Court upheld a federal minimum wage and overruled a district court decision striking down federal child labor laws. In Helvering v. Davis, the Supreme Court reversed a Court of Appeals decision declaring Social Security unconstitutional. In Katzenbach v. McClung, the Supreme Court upheld the federal ban on whites-only lunch counters — reversing a district court’s decision striking down this law. In Katzenbach v. Morgan, the Supreme Court reversed a district court decision striking down a portion of the Voting Rights Act. “Luckily, as Millhiser writes, Vinson’s decision is “heavy on rhetoric, light on actual legal reasoning and all but certain to be ignored by higher-court judges who understand their duty to follow the Constitution. … When Vinson is remembered 50 years from now — if anyone remembers him at all — he will be remembered as one of the long line of activist judges who stood athwart history and got run over by it.”

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TGIF in Congress – lame duck calendar …


The Senate Convenes: 9:30amET December 17, 2010

Following any Leader remarks, the Senate will resume consideration of the New START Treaty. The treaty will be open to amendments tomorrow.

Senators are encouraged to come to the floor to offer and debate their amendments.

Roll call votes are possible to occur throughout the day.

As a reminder, Senator Reid filed cloture on the motion to concur with respect to HR5281, DREAM Act and on the motion to concur with respect to HR2965, DADT. The first cloture vote will occur early Saturday morning at a time to be determined.

Unanimous Consent:
Passed S.1481, Frank Melville Supportive Housing Investment Act of 2009.
Passed H.R.4973, National Wildlife Refuge Volunteer Improvement Act of 2010.

Passed H.R.5901, Real Estate Jobs and Investment Act of 2010
(with Baucus substitute and title amendments)

Passed H.R.5116, COMPETE Act (with Hutchison substitute)

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CURRENT HOUSE FLOOR PROCEEDINGS
LEGISLATIVE DAY OF DECEMBER 17, 2010
111TH CONGRESS – SECOND SESSION

5:18 P.M. –

SPECIAL ORDER SPEECHES – The House resumed with special order speeches.

The House received a message from the Senate. The Senate passed H.R. 5116 amended.

5:11 P.M. –

SPECIAL ORDER SPEECHES – The House has concluded all anticipated legislative business and has proceeded to Special Order speeches.

5:10 P.M. –

Mr. Burton of IN requested general leave to address the House for 5 minutes on December 21.

Mr. Burton of IN requested general leave to address the House for 5 minutes on December 20.

5:08 P.M. –

ONE MINUTE SPEECHES – The House proceeded with further one minute speeches.

5:07 P.M. –

Mr. Garamendi asked unanimous consent That, when the House adjourns on Friday, December 17, 2010, it adjourn to meet at 10:00 a.m. on Tuesday, December 21, 2010. Agreed to without objection.

5:06 P.M. –

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 6523.

H. Res. 1767:

commending the Wisconsin Badger football team for an outstanding season and 2011 Rose Bowl bid

5:05 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and agree to the resolution Agreed to by voice vote.

Considered as unfinished business.

S. 3874:

to amend the Safe Drinking Act to reduce lead in drinking water

5:04 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 226 – 109 (Roll no. 656).

4:53 P.M. –

Considered as unfinished business.

H.R. 5510:

to amend the Emergency Economic Stabilization Act of 2008 to allow amounts under the Troubled Assets Relief Program to be used to provide legal assistance to homeowners to avoid foreclosure

4:52 P.M. –

On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 210 – 145 (Roll no. 655).

4:31 P.M. –

Considered as unfinished business.

4:30 P.M. –

UNFINISHED BUSINESS – The Chair announced that the unfinished business was on motions to suspend the rules which had been debated earlier and on which further proceedings had been postponed.

H.J. Res. 105:

making further continuing appropriations for fiscal year 2011, and for other purposes

4:28 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On passage Passed by voice vote.

4:25 P.M. –

DEBATE – The House proceeded with one hour of debate on H.J. Res. 105.

Rule provides for consideration of H.J. Res. 105 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. Bill is closed to amendments. All points of order against consideration of the joint resolution are waived except those arising under clause 10 of rule XXI.

Considered under the provisions of rule H. Res. 1776.

4:23 P.M. –

The House received a message from the Clerk. Pursuant to the permission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representatives, the Clerk notified the House that she had received a message from the Secretary of the Senate on December 17, 2010 at 3:15 p.m. stating that that body had passed S. 1481 and H.R. 4973; passed H.R. 5901 with amendments.

H.R. 2142:

to require the review of Government programs at least once every 5 years for purposes of assessing their performance and improving their operations, and to establish the Performance Improvement Council

4:20 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion that the House suspend the rules and agree to the Senate amendment Failed by the Yeas and Nays: (2/3 required): 212 – 131 (Roll no. 654).

H. Res. 1776:

providing for consideration of the joint resolution (H.J. Res. 105) making further continuing appropriations for fiscal year 2011, and for other purposes

4:12 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On agreeing to the resolution Agreed to by the Yeas and Nays: 184 – 159 (Roll no. 653).

4:05 P.M. –

Considered as unfinished business.

H. Con. Res. 336:

providing for the sine die adjournment of the second session of the 111th Congress

4:04 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On agreeing to the resolution Agreed to by the Yeas and Nays: 196 – 153 (Roll no. 652).

3:31 P.M. –

Considered as privileged matter.

H. Res. 1776:

providing for consideration of the joint resolution (H.J. Res. 105) making further continuing appropriations for fiscal year 2011, and for other purposes

3:30 P.M. –

POSTPONED PROCEEDINGS – At the conclusion of debate on H.Res. 1776, the Chair put the question on agreeing to the resolution, and by voice vote, announced that the ayes had prevailed. Mr. Sessions demanded the yeas and nays and the Chair postponed further proceedings on the question of ordering the previous question until later in the legislative day.

3:29 P.M. –

The previous question was ordered without objection.

3:19 P.M. –

DEBATE – The House proceeded with one hour of debate on H. Res. 1776

Considered as privileged matter.

3:18 P.M. –

Mr. Polis (CO) filed a report from the Committee on Rules on H. Res. 1776.

3:17 P.M. –

The House convened, returning from a recess continuing the legislative day of December 17.

1:50 P.M. –

The Speaker announced that the House do now recess. The next meeting is subject to the call of the Chair.

1:49 P.M. –

INDIAN LAW AND ORDER COMMISSION – Pursuant to section 235 of the Tribal Law and Order Act of 2010 (PUB. L. 111-211), and the order of the House of January 6, 2009, the Speaker appointed the following members of the House to the INDIAN LAW AND ORDER COMMISSION: Ms. Herseth Sandlin and Mr. Pomeroy .

H.R. 628:

to establish a pilot program in certain United States district courts to encourage enhancement of expertise in patent cases among district judges

1:48 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion that the House suspend the rules and agree to the Senate amendment Agreed to by recorded vote (2/3 required): 371 – 1 (Roll no. 651).

1:36 P.M. –

Considered as unfinished business.

H.R. 6523:

to authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 341 – 48 (Roll no. 650).

Motion to reconsider laid on the table Agreed to without objection.

1:27 P.M. –

Considered as unfinished business.

H.R. 1107:

to enact certain laws relating to public contracts as title 41, United States Code, “Public Contracts”

Motion to reconsider laid on the table Agreed to without objection.

On motion that the House suspend the rules and agree to the Senate amendments Agreed to by recorded vote (2/3 required): 385 – 0 (Roll no. 649).

1:19 P.M. –

Considered as unfinished business.

H. Res. 1377:

honoring the accomplishments of Norman Yoshio Mineta, and for other purposes

1:18 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

1:17 P.M. –

On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 384 – 0 (Roll no. 648).

12:50 P.M. –

Considered as unfinished business.

12:49 P.M. –

UNFINISHED BUSINESS – The Chair announced that the unfinished business was on motions to suspend the rules which had been debated earlier and on which further proceedings were postponed.

H.R. 6523:

to authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

11:49 A.M. –

DEBATE – The House proceeded with forty minutes of debate on H.R. 6523.

Considered under suspension of the rules.

Mr. Skelton moved to suspend the rules and pass the bill, as amended.

H.R. 5510:

to amend the Emergency Economic Stabilization Act of 2008 to allow amounts under the Troubled Assets Relief Program to be used to provide legal assistance to homeowners to avoid foreclosure

11:47 A.M. –

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

11:12 A.M. –

DEBATE – The House proceeded with forty minutes of debate on H.R. 5510.

Considered under suspension of the rules.

Mr. Capuano moved to suspend the rules and pass the bill, as amended.

H.R. 6533:

to implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service, and for other purposes

11:10 A.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

10:53 A.M. –

DEBATE – The House proceeded with forty minutes of debate on H.R. 6533.

Considered under suspension of the rules.

Mr. Doyle moved to suspend the rules and pass the bill.

S. 3874:

to amend the Safe Drinking Act to reduce lead in drinking water

10:52 A.M. –

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

10:27 A.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 3874.

Considered under suspension of the rules.

Mr. Doyle moved to suspend the rules and pass the bill.

H. Con. Res. 335:

honoring the exceptional achievements of Ambassador Richard Holbrooke and recognizing the significant contributions he has made to United States national security, humanitarian causes, and peaceful resolutions of international conflict

10:26 A.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and agree to the resolution, as amended Agreed to by voice vote.

10:01 A.M. –

DEBATE – The House proceeded with forty minutes of debate on H. Con. Res. 335.

Considered under suspension of the rules.

Mr. Berman moved to suspend the rules and agree to the resolution, as amended.

H. Res. 1767:

commending the Wisconsin Badger football team for an outstanding season and 2011 Rose Bowl bid

9:59 A.M. –

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Holt objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

9:49 A.M. –

DEBATE – The House proceeded with forty minutes of debate on H. Res. 1767.

Considered under suspension of the rules.

Mr. Holt moved to suspend the rules and agree to the resolution.

H. Res. 1621:

recognizing the 100th anniversary of the historic founding of Catholic Charities USA

9:48 A.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and agree to the resolution Agreed to by voice vote.

9:39 A.M. –

DEBATE – The House proceeded with forty minutes of debate on H. Res. 1621.

Considered under suspension of the rules.

Mr. Cuellar moved to suspend the rules and agree to the resolution.

H.R. 2142:

to require the review of Government programs at least once every 5 years for purposes of assessing their performance and improving their operations, and to establish the Performance Improvement Council

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the chair announced that further proceedings on the motion would be postponed.

9:27 A.M. –

DEBATE – The House proceeded with forty minutes of debate on the Senate amendment to H.R. 2142.

Mr. Cuellar moved that the House suspend the rules and agree to the Senate amendment.

H. Res. 1733:

recognizing Mark Twain as one of America’s most famous literary icons on the 175th anniversary of his birth and the 100th anniversary of his death

9:25 A.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and agree to the resolution, as amended Agreed to by voice vote.

9:15 A.M. –

DEBATE – The House proceeded with forty minutes of debate on H. Res. 1733.

Considered under suspension of the rules.

Mr. Cuellar moved to suspend the rules and agree to the resolution, as amended.

S. 3592:

to designate the facility of the United States Postal Service located at 100 Commerce Drive in Tyrone, Georgia, as the “First Lieutenant Robert Wilson Collins Post Office Building”

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Cuellar objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

9:08 A.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 3592.

Considered under suspension of the rules.

Mr. Cuellar moved to suspend the rules and pass the bill.

9:07 A.M. –

The Speaker announced that votes on suspensions, if ordered, will be postponed until a time to be announced.

9:02 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.

9:01 A.M. –

PLEDGE OF ALLEGIANCE – The Chair designated Mr. Cuellar to lead the Members in reciting the Pledge of Allegiance to the Flag.

The House received a message from the Senate. The Senate passed H.R. 4602, H.R. 5133, H.R. 5605, H.R. 5606, H.R. 5655, H.R. 5877, H.R. 6400, H.R. 6392, H.R. 2142, H.R. 5809, S. 3874, S. 4036, and S. 3592.

The Speaker announced approval of the Journal. Pursuant to clause 1, rule I, the Journal stands approved.

9:00 A.M. –

Today’s prayer was offered by the House Chaplain, Rev. Daniel Coughlin.

The House convened, starting a new legislative day.

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lame duck Session in Congress …Thursday


The Senate Convenes: 9:30amET December 16, 2010

Following any leader remarks, the Senate will turn to Executive session and begin consideration of the New Start Treaty.

Amendments are in order to the treaty and, as a result, roll call votes are possible throughout the day.

Senators will be notified when any votes are scheduled.

Unanimous Consent:
Passed H.r.2142, the DPRA Modernization Act

Passed S.3874, the Reduction of Lead in Drinking Water Act.

Passed H.R.5809, Safe Drug Disposal Act (with a Voinovich-Carper substitute amendment-Diesel Emissions Reduction and a title amendment).

Passed S.4036, a bill to clarify the National Credit Union Adminstration authority to make stabilization fund expenditures without borrowing from the Treasury.

Passed S.3592– a bill to designate the facility of the United States Postal Service located at 100 Commerce Drive in Tyrone, Georgia, as the “First Lieutenant Robert Wilson Collins Post Office Building”.

Passed H.R.4602-a bill to designate the facility of the United States Postal Service located at 1332 Sharon Copley Road in Sharon Center, Ohio, as the “Emil Bolas Post Office”.

Passed H.R.5133– To designate the facility of the United States Postal Service located at 331 1st Street in Carlstadt, New Jersey, as the “Staff Sergeant Frank T. Carvill and Lance Corporal Michael A. Schwarz Post Office Building”.

Passed H.R.5605– To designate the facility of the United States Postal Service located at 47 East Fayette Street in Uniontown, Pennsylvania, as the “George C. Marshall Post Office”.

Passed H.R.5606– To designate the facility of the United States Postal Service located at 47 South 7th Street in Indiana, Pennsylvania, as the “James M ‘Jimmy’ Stewart Post Office Building”.

Passed H.R.5655– To designate the Little River Branch facility of the United States Postal Service located at 140 NE 84th Street in Miami, Florida, as the “Jesse J. McCrary, Jr. Post Office”.

Passed H.R.5877– To designate the facility of the United States Postal Service located at 655 Centre Street in Jamaica Plain, Massachusetts, as the “Lance Corporal Alexander Scott Arredondo, United States Marine Corps Post Office Building”.

Passed H.R.6400– To designate the facility of the United States Postal Service located at 111 North 6th Street in St. Louis, Missouri, as the “Earl Wilson, Jr. Post Office”.

Passed H.R.6392-To designate the facility of the United States Postal Service located at 5003 Westfields Boulevard in Centreville, Virginia, as the “Colonel George Juskalian Post Office Building”.

Adopted S.Res.702, Special Education Teachers.

Confirmed Catherine C. Eagles, of North Carolina, to be U.S. District Judge for the Middle District of North Carolina.

Confirmed Kimberly J. Mueller, of California, to be U.S. District Judge for the Eastern District Judge for the Eastern District of California.

Confirmed John A. Gibney, Jr., of Virginia, to be U.S District Judge for the Eastern District of Virginia.

Confirmed James Kelleher Bredar, of Maryland, to be U.S. District Judge for the District of Maryland.

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CURRENT HOUSE FLOOR PROCEEDINGS
LEGISLATIVE DAY OF DECEMBER 16, 2010
111TH CONGRESS – SECOND SESSION

2:05 A.M. –

The House adjourned. The next meeting is scheduled for 9:00 a.m. on December 17, 2010.

On motion to adjourn Agreed to by voice vote.

Mr. Polis (CO) moved that the House do now adjourn.

12:03 A.M. –

Mr. Polis (CO) filed a report from the Committee on Rules on H. Res. 1771.

H. Res. 20:

calling on the State Department to list the Socialist Republic of Vietnam as a “Country of Particular Concern” with respect to religious freedom

12:02 A.M. –

Motion to reconsider laid on the table Agreed to without objection.

Considered as unfinished business.

On motion to suspend the rules and agree to the resolution, as amended Agreed to by voice vote.

12:01 A.M. –

UNFINISHED BUSINESS – The Chair announced that the unfinished business was on a motion to suspend the rules which had been debated earlier and on which further proceedings were postponed.

H.R. 4853:

to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes

11:59 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion that the House agree to the Senate amendment to the House amendment to the Senate amendment Agreed to by recorded vote: 277 – 148 (Roll no. 647).

11:42 P.M. –

The House rose from the Committee of the Whole House on the state of the Union to report the Senate amendment to the House amendment to the Senate amendment to H.R. 4853.

11:41 P.M. –

On agreeing to the Levin amendment Failed by recorded vote: 194 – 233, 1 Present (Roll no. 646).

11:17 P.M. –

Pursuant to the provisions of H. Res. 1766, the amendment offered by Mr. Levin is not debatable.

11:16 P.M. –

Amendment offered by Mr. Levin.

An amendment to strike Title III of the Senate amendment to H.R. 4583 and amend the bill to provide two years of estate tax relief at 2009 levels. In calendar years 2011 and 2012, the estate tax exemption amount would be $3.5 million ($7 million total for a married couple) and the maximum tax rate on estates would be 45%. Additionally, the amendment would provide estates from decedents in 2010 with the ability to elect to be treated under the 2009 levels or to be treated under current law for tax purposes. This election will allow estates to receive a step up in basis on inherited property rather than the 2010 carryover basis rules. The exemption level and rate are consistent with the estate tax proposal included in the President’s FY2010 and FY2011 Budgets. Under the Senate amendment to H.R. 4583, the bill would provide two years of estate tax relief with a $5 million estate tax exemption ($10 million total for a married couple) and a maximum rate of 35%. The amendment saves $23 billion, and affects 6,600 estates in 2011 which would receive an average additional tax cut of more than $1.5 million under the Senate bill.

At the conclusion of general debate, and pursuant to the provisions of H. Res. 1766, the Chair announced that the Senate amendment would be considered for amendment under the five-minute rule and directed the Clerk to designate the Senate amendment. The Chair then announced that it was in order for Mr. Levin or his designee to be recognized for the purpose of offering the amendment printed in House Report 111-682 to the Senate amendment.

7:40 P.M. –

GENERAL DEBATE – The Committee of the Whole proceeded with three hours of general debate on the Senate amendment to the House amendment to the Senate amendment to H.R. 4853.

7:39 P.M. –

The Speaker designated the Honorable Gregorio Kilili Camacho Sablan to act as Chairman of the Committee.

7:38 P.M. –

Pursuant to the provisions of H. Res. 1766, the Chair declared the House resolved into the Committee of the Whole House on the state of the Union for the consideration of the Senate amendment to the House amendment to the Senate amendment to H.R. 4853.

On motion to consider the Senate amendment to the House amendment to the Senate amendment Agreed to by voice vote.

The Chair put the question on consideration of the Senate amendment to the House amendment to the Senate amendment.

DEBATE – Pending any declaration of the House into the Committee of the Whole pursuant to House Resolution 1766 the Chair would note that the Senate amendment to the House amendment to the Senate amendment to the bill H.R. 4853 contains; an emergency designation for purposes of pay-as-you-go principles under clause 10(c) of rule 21; and an emergency designation pursuant to section 4(g)(1) of the Statutory Pay-As-You-Go Act of 2010. Accordingly, the Chair must put the question of consideration under section of the Statutory Pay-As-You-Go Act of 2010.

S. 987:

to protect girls in developing countries through the prevention of child marriage, and for other purposes

7:33 P.M. –

On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 241 – 166 (Roll no. 645).

7:26 P.M. –

Considered as unfinished business.

H. Res. 1766:

providing for consideration of the Senate amendment to the House amendment to the Senate amendment to the bill ( H.R. 4853) to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes

7:25 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On agreeing to the resolution Agreed to by recorded vote: 214 – 201 (Roll no. 644).

7:17 P.M. –

On agreeing to the Slaughter amendment Agreed to by recorded vote: 230 – 186 (Roll no. 643).

6:44 P.M. –

The previous question was ordered on the amendment and on the resolution without objection.

6:41 P.M. –

Amendment in the nature of a substitute offered by Ms. Slaughter.

An amendment to insert a complete new text.

5:56 P.M. –

DEBATE – The House proceeded with one hour of debate on H. Res. 1766

Considered as privileged matter.

5:49 P.M. –

The House received a communication from Daniel J. Strodel, Chief Administrative Officer. Pursuant to Rule VIII of the Rules of the House of Representatives, Mr. Strodel notified the House that he had been served with a subpoena issued by a grand jury in New York County, New York for doucment and that after consultation with the Office of General Counsel, he had determined that compliance with the subpoena was consistent with the privileges and rights of the House.

5:45 P.M. –

The House convened, returning from a recess continuing the legislative day of December 16.

2:29 P.M. –

The Speaker announced that the House do now recess. The next meeting is subject to the call of the Chair.

S. 3447:

to amend title 38, United States Code, to improve educational assistance for veterans who served in the Armed Forces after September 11, 2001, and for other purposes

2:28 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 409 – 3 (Roll no. 642).

2:21 P.M. –

Considered as unfinished business.

S. 3860:

to require reports on the management of Arlington National Cemetery

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 407 – 3 (Roll no. 641).

2:11 P.M. –

Considered as unfinished business.

S. 841:

to direct the Secretary of Transportation to study and establish a motor vehicle safety standard that provides for a means of alerting blind and other pedestrians of motor vehicle operation

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 379 – 30 (Roll no. 640).

1:42 P.M. –

Considered as unfinished business.

UNFINISHED BUSINESS – The Chair announced that the unfinished business was on motions to suspend the rules which had been debated earlier and on which further proceedings were postponed.

H.R. 2941:

to reauthorize and enhance Johanna’s Law to increase public awareness and knowledge with respect to gynecologic cancers

1:41 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.

1:29 P.M. –

DEBATE – The House proceeded with forty minutes of debate on the Senate amendment to H.R. 2941.

Mrs. Capps moved that the House suspend the rules and agree to the Senate amendment.

S. 4005:

to amend title 28, United States Code, to prevent the proceeds or instrumentalities of foreign crime located in the United States from being shielded from foreign forfeiture proceedings

1:28 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

1:14 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 4005.

Considered under suspension of the rules.

Ms. Chu moved to suspend the rules and pass the bill.

H.R. 628:

to establish a pilot program in certain United States district courts to encourage enhancement of expertise in patent cases among district judges

1:13 P.M. –

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Ms. Chu objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

12:57 P.M. –

DEBATE – The House proceeded with forty minutes of debate on the Senate amendment to H.R. 628.

Ms. Chu moved that the House suspend the rules and agree to the Senate amendment.

H.R. 1107:

to enact certain laws relating to public contracts as title 41, United States Code, “Public Contracts”

12:56 P.M. –

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Ms. Chu objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

12:54 P.M. –

DEBATE – The House proceeded with forty minutes of debate on the Senate amendments to H.R. 1107.

Ms. Chu moved that the House suspend the rules and agree to the Senate amendments.

H.R. 6198:

to amend title 11 of the United States Code to make technical corrections; and for related purposes

12:53 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.

12:48 P.M. –

DEBATE – The House proceeded with forty minutes of debate on the Senate amendment to H.R. 6198.

Ms. Chu moved that the House suspend the rules and agree to the Senate amendment.

12:46 P.M. –

The Speaker announced that votes on suspensions, if ordered, will be postponed until a time to be announced.

H. Res. 1766:

providing for consideration of the Senate amendment to the House amendment to the Senate amendment to the bill ( H.R. 4853) to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes

12:40 P.M. –

WITHDRAWAL OF RESOLUTION – Mr. McGovern withdrew the resolution from consideration.

12:31 P.M. –

DEBATE – The House continued with further debate on H. Res. 1766.

The House received a message from the Senate. The Senate passed H.R. 6516.

H. Res. 1766:

providing for consideration of the Senate amendment to the House amendment to the Senate amendment to the bill ( H.R. 4853) to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes

12:18 P.M. –

DEBATE – The House continued with further debate on H. Res. 1766.

12:16 P.M. –

On motion to adjourn Failed by the Yeas and Nays: 14 – 385, 1 Present (Roll no. 639).

11:28 A.M. –

Mr. Taylor moved that the House do now adjourn.

H. Res. 1766:

providing for consideration of the Senate amendment to the House amendment to the Senate amendment to the bill ( H.R. 4853) to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes

10:43 A.M. –

DEBATE – The House proceeded with one hour of debate on H. Res. 1766

Considered as privileged matter.

10:42 A.M. –

On motion to consider the resolution Agreed to by voice vote.

10:41 A.M. –

At the conclusion of debate on the Flake point of order, the Chair put the question on consideration of the resolution.

10:29 A.M. –

POINT OF ORDER AGAINST CONSIDERATION – Mr. Flake stated that the provisions of H.Res. 1766 violate section 426(a) of the Congressional Budget Act of 1974 and made a point of order against the consideration of the resolution. Subsequently, the Chair noted that the required threshold of identifying the specific language in question had been met, and the House proceeded with 20 minutes of debate on the question of consideration. At the conclusion of debate on the question of consideration, the Chair will put the question to wit: Will the House now consider the resolution?

10:26 A.M. –

By direction of the Committee on Rules, Ms. Slaughter called up the resolution, H.Res. 1766, and asked for its immediate consideration.

10:03 A.M. –

ONE MINUTE SPEECHES – The House proceeded with one minute speeches.

PLEDGE OF ALLEGIANCE – The Chair designated Mr. Schock to lead the Members in reciting the Pledge of Allegiance to the Flag.

10:02 A.M. –

Today’s prayer was offered by the House Chaplain, Rev. Daniel Coughlin.

The Speaker announced approval of the Journal. Pursuant to clause 1, rule I, the Journal stands approved.

10:01 A.M. –

The Speaker designated the Honorable Ed Pastor to act as Speaker pro tempore for today.

10:00 A.M. –

The House convened, starting a new legislative day.

Black History

what’s going on in Congress -debates/votes on Wednesday


The Senate Convenes: 9:30amET December 15, 2010

Following any Leader remarks, there will be a period of morning business until 11:00am with senators permitted to speak for up to 10 minutes each. At 10:00am, Senator Bayh will deliver his farewell remarks and at 10:30am Senator Voinovich will deliver his farewell remarks.

At 11:00am, the Senate will resume consideration of the House message on H.R.4853, the vehicle for the tax compromise. At approximately 12:00 noon, there will be a series of up to 4 roll call votes in relation to the following items:

– Coburn motion to suspend Rule 22 for the purpose of proposing and considering amendment #4765 (to pay for the costs of extending unemployment insurance payments by reducing unnecessary and duplicative spending);

– DeMint motion to suspend Rule 22 for the purpose of proposing and considering amendment #4804 (to permanently extend the 2001 and 2003 tax relief provisions, and to permanently repeal the estate tax, and to provide permanent alternative minimum tax relief);

– Sanders motion to suspend Rule 22 for the purpose of proposing and considering amendment #4809 (to provide an extension of 2010 tax cuts only for the bottom 98 percent of taxpayers, to provide for responsible estate tax reform, to extend the making work pay credit in lieu of a payroll tax holiday, to provide relief to senior citizens, and to provide for improvements in infrastructure, energy, and water); and

– Reid motion to concur in the House amendment to the Senate amendment to H.R.4853, with Reid-McConnell amendment #4753 (tax compromise).

Following the votes, the Senate will resume morning business until 2:15pm with senators permitted to speak therein for up to 10 minutes each.

At 2:15pm, there will be a roll call vote on the motion to proceed to Executive Session to consider the START Treaty.

Following that vote, Senator Lincoln will be recognized to give her farewell remarks to the Senate. Following her remarks and any of her colleagues, the Senate will resume Executive session at the same status prior to her remarks in legislative session. We expect the Republicans to object to dispensing with the reading of the treaty. If that is the case, we estimate it will take the clerks approximately 15 hours to read the treaty live.

Votes:
At approximately 12:00 noon, there will be a series of up to 4 roll call votes in relation to the following motions:

– Coburn motion to suspend Rule 22 for the purpose of proposing and considering amendment #4765: (to pay for the costs of extending unemployment insurance payments by reducing unnecessary and duplicative spending);

– DeMint motion to suspend Rule 22 for the purpose of proposing and considering amendment #4804: (to permanently extend the 2001 and 2003 tax relief provisions, and to permanently repeal the estate tax, and to provide permanent alternative minimum tax relief);

– Sanders motion to suspend Rule 22 for the purpose of proposing and considering amendment #4809: (to provide an extension of 2010 tax cuts only for the bottom 98 percent of taxpayers, to provide for responsible estate tax reform, to extend the making work pay credit in lieu of a payroll tax holiday, to provide relief to senior citizens, and to provide for improvements in infrastructure, energy, and water); and

– Reid motion to concur in the House amendment to the Senate amendment to H.R.4853, with Reid-McConnell amendment #4753: (tax compromise).

Votes:
273: Coburn motion to suspend Rule 22 for the purpose of proposing and considering amendment #4765: (to pay for the costs of extending unemployment insurance payments by reducing unnecessary and duplicative spending);
Not Agreed To: 47-52

274: DeMint motion to suspend Rule 22 for the purpose of proposing and considering amendment #4804: (to permanently extend the 2001 and 2003 tax relief provisions, and to permanently repeal the estate tax, and to provide permanent alternative minimum tax relief);
Not Agreed To: 37-63

275: Sanders motion to suspend Rule 22 for the purpose of proposing and considering amendment #4809: (to provide an extension of 2010 tax cuts only for the bottom 98 percent of taxpayers, to provide for responsible estate tax reform, to extend the making work pay credit in lieu of a payroll tax holiday, to provide relief to senior citizens, and to provide for improvements in infrastructure, energy, and water);
Not Agreed to: 43-57

276: Reid motion to concur in the House amendment to the Senate amendment to H.R.4853, with Reid-McConnell amendment #4753: (tax compromise)
Agreed To: 81-19.

277: Motion to proceed to Executive Session to consider the New Start Treaty:
Agreed To: 66-32

(((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((())))))))))))))))))))))))

CURRENT HOUSE FLOOR PROCEEDINGS
LEGISLATIVE DAY OF DECEMBER 15, 2010
111TH CONGRESS – SECOND SESSION

. 11:59 P.M. –

The House adjourned. The next meeting is scheduled for 10:00 a.m. on December 16, 2010.

On motion to adjourn Agreed to by voice vote.

Mr. King (IA) moved that the House do now adjourn.

H. Res. 1377:

honoring the accomplishments of Norman Yoshio Mineta, and for other purposes

9:40 P.M. –

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

9:12 P.M. –

DEBATE – The House proceeded with forty minutes of debate on H. Res. 1377.

Considered under suspension of the rules.

Mr. Faleomavaega moved to suspend the rules and agree to the resolution.

H.R. 5493:

to provide for the furnishing of statues by the District of Columbia for display in Statuary Hall in the United States Capitol

9:10 P.M. –

The title of the measure was amended. Agreed to without objection.

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

8:58 P.M. –

DEBATE – The House proceeded with forty minutes of debate on H.R. 5493.

Considered under suspension of the rules.

Mr. Faleomavaega moved to suspend the rules and pass the bill, as amended.

S. Con. Res. 77:

to provide for the approval of final regulations issued by the Office of Compliance to implement the Veterans Employment Opportunities Act of 1998 that apply to certain legislative branch employing offices and their covered employees

8:57 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and agree to the resolution Agreed to by voice vote.

8:56 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. Con. Res. 77.

Considered under suspension of the rules.

Mr. Faleomavaega moved to suspend the rules and agree to the resolution.

H. Res. 1757:

providing for the approval of final regulations issued by the Office of Compliance to implement the Veterans Employment Opportunities Act of 1998 that apply to the House of Representatives and employees of the House of Representatives

8:55 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and agree to the resolution Agreed to by voice vote.

8:51 P.M. –

DEBATE – The House proceeded with forty minutes of debate on H. Res. 1757.

Considered under suspension of the rules.

Mr. Faleomavaega moved to suspend the rules and agree to the resolution.

H. Res. 20:

calling on the State Department to list the Socialist Republic of Vietnam as a “Country of Particular Concern” with respect to religious freedom

8:50 P.M. –

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Faleomavaega objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

8:05 P.M. –

DEBATE – The House proceeded with forty minutes of debate on H. Res. 20.

Considered under suspension of the rules.

Mr. Berman moved to suspend the rules and agree to the resolution.

S. 987:

to protect girls in developing countries through the prevention of child marriage, and for other purposes

8:04 P.M. –

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

7:53 P.M. –

DEBATE – The House continued with further debate on S. 987.

Mr. Polis (CO) filed a report from the Committee on Rules on H. Res. 1766.

S. 987:

to protect girls in developing countries through the prevention of child marriage, and for other purposes

7:42 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 987.

Considered under suspension of the rules.

Mr. Berman moved to suspend the rules and pass the bill.

H. Res. 1765:

supporting a negotiated solution to the Israeli-Palestinian conflict and condemning unilateral measures to declare or recognize a Palestinian state, and for other purposes

7:41 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and agree to the resolution Agreed to by voice vote.

7:08 P.M. –

DEBATE – The House proceeded with forty minutes of debate on H. Res. 1765.

Considered under suspension of the rules.

Mr. Berman moved to suspend the rules and agree to the resolution.

S. 3447:

to amend title 38, United States Code, to improve educational assistance for veterans who served in the Armed Forces after September 11, 2001, and for other purposes

7:07 P.M. –

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

6:48 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 3447.

Considered under suspension of the rules.

Mr. Filner moved to suspend the rules and pass the bill.

S. 3860:

to require reports on the management of Arlington National Cemetery

6:47 P.M. –

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

6:25 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 3860.

Considered under suspension of the rules.

Mr. Filner moved to suspend the rules and pass the bill.

H.R. 6517:

to extend trade adjustment assistance and certain trade preference programs, to amend the Harmonized Tariff Schedule of the United States to modify temporarily certain rates of duty, and for other purposes

6:24 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

6:23 P.M. –

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

5:50 P.M. –

DEBATE – The House proceeded with forty minutes of debate on H.R. 6517.

Considered under suspension of the rules.

Mr. Levin moved to suspend the rules and pass the bill, as amended.

H.R. 4337:

to amend the Internal Revenue Code of 1986 to modify certain rules applicable to regulated investment companies, and for other purposes

5:49 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.

5:41 P.M. –

DEBATE – The House proceeded with forty minutes of debate on the Senate amendment to H.R. 4337.

Mr. Levin moved that the House suspend the rules and agree to the Senate amendment.

S. 841:

to direct the Secretary of Transportation to study and establish a motor vehicle safety standard that provides for a means of alerting blind and other pedestrians of motor vehicle operation

5:39 P.M. –

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

5:30 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 841.

Considered under suspension of the rules.

Mr. Barrow moved to suspend the rules and pass the bill.

5:29 P.M. –

The Speaker announced that votes on suspensions, if ordered, will be postponed until a time to be announced.

H.R. 2965:

to amend the Small Business Act with respect to the Small Business Innovation Research Program and the Small Business Technology Transfer Program, and for other purposes

5:24 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion that the House agree with an amendment to the Agreed to by the Yeas and Nays: 250 – 175 (Roll no. 638).

4:54 P.M. –

The previous question was ordered pursuant to the rule.

3:21 P.M. –

DEBATE – Pursuant to the provisions of H.Res. 1764, the House proceeded with 1 hour of debate on the motion to agree to the Senate amendment to H.R. 2965 with an amendment.

3:20 P.M. –

Mrs. Davis (CA) moved that the House agree with an amendment to the Senate amendment.

Pursuant to the provisions of H.Res. 1764, the Chair recognized Mrs. Davis of California for a motion.

H. Res. 1743:

congratulating Gerda Weissmann Klein on being selected to receive the Presidential Medal of Freedom

3:16 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and agree to the resolution, as amended Agreed to by recorded vote (2/3 required): 407 – 0 (Roll no. 637).

3:08 P.M. –

Considered as unfinished business.

H. Res. 1761:

congratulating Auburn University quarterback and College Park, Georgia, native Cameron Newton on winning the 2010 Heisman Trophy for being the most outstanding college football player in the United States

3:07 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 378 – 15, 18 Present (Roll no. 636).

3:00 P.M. –

Considered as unfinished business.

UNFINISHED BUSINESS – The Chair announced that the unfinished business was the question on adoption of motions to suspend the rules which had been debated earlier and on which further proceedings had been postponed.

H. Res. 1764:

providing for consideration of the Senate amendment to the bill ( H.R. 2965) to amend the Small Business Act with respect to the Small Business Innovation Research Program and the Small Business Technology Transfer Program, and for other purposes

2:59 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On agreeing to the resolution Agreed to by the Yeas and Nays: 232 – 180 (Roll no. 635).

2:29 P.M. –

The House resumed with consideration of H. Res. 1764.

The House received a message from the Senate. The Senate agreed to the House amendment to the Senate amendment to H.R. 4853 with an amendment.

H. Res. 1764:

providing for consideration of the Senate amendment to the bill ( H.R. 2965) to amend the Small Business Act with respect to the Small Business Innovation Research Program and the Small Business Technology Transfer Program, and for other purposes

2:28 P.M. –

The previous question was ordered without objection.

1:44 P.M. –

DEBATE – The House proceeded with one hour of debate on H. Res. 1764

Considered as privileged matter.

1:42 P.M. –

Ms. Pingree (ME) filed a report from the Committee on Rules on H. Res. 1764.

H.R. 6205:

to designate the facility of the United States Postal Service located at 1449 West Avenue in Bronx, New York, as the “Private Isaac T. Cortes Post Office”

1:40 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 399 – 0 (Roll no. 634).

1:31 P.M. –

Considered as unfinished business.

S. Con. Res. 72:

recognizing the 45th anniversary of the White House Fellows Program

On motion to suspend the rules and agree to the resolution Agreed to by recorded vote (2/3 required): 401 – 1 (Roll no. 633).

Motion to reconsider laid on the table Agreed to without objection.

1:22 P.M. –

Considered as unfinished business.

H. Res. 1759:

expressing support for designation of January 23rd as “Ed Roberts Day”

1:21 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 390 – 8, 4 Present (Roll no. 632).

1:12 P.M. –

Considered as unfinished business.

H.R. 5446:

to designate the facility of the United States Postal Service located at 600 Florida Avenue in Cocoa, Florida, as the “Harry T. and Harriette Moore Post Office”

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 405 – 0 (Roll no. 631).

12:41 P.M. –

Considered as unfinished business.

UNFINISHED BUSINESS – The Chair announced that the unfinished business was the question on adoption of motions to suspend the rules which had been debated earlier and on which further proceedings had been postponed.

S. 30:

to amend the Communications Act of 1934 to prohibit manipulation of caller identification information

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

12:15 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 30.

Considered under suspension of the rules.

Mr. Boucher moved to suspend the rules and pass the bill.

S. 3386:

to protect consumers from certain aggressive sales tactics on the Internet

12:14 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

12:03 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 3386.

Considered under suspension of the rules.

Mr. Boucher moved to suspend the rules and pass the bill.

S. 3199:

to amend the Public Health Service Act regarding early detection, diagnosis, and treatment of hearing loss

12:02 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

11:48 A.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 3199.

Considered under suspension of the rules.

Mr. Pallone moved to suspend the rules and pass the bill.

S. 3036:

to establish the Office of the National Alzheimer’s Project

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

11:32 A.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 3036.

Considered under suspension of the rules.

Mr. Pallone moved to suspend the rules and pass the bill.

H. Res. 1600:

supporting the critical role of the physician assistant profession and supporting the goals and ideals of National Physician Assistant Week

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and agree to the resolution, as amended Agreed to by voice vote.

11:24 A.M. –

DEBATE – The House proceeded with forty minutes of debate on H. Res. 1600.

Considered under suspension of the rules.

Mr. Pallone moved to suspend the rules and agree to the resolution, as amended.

S. 1774:

for the relief of Hotaru Nakama Ferschke

11:23 A.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

11:14 A.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 1774.

Considered under suspension of the rules.

Ms. Chu moved to suspend the rules and pass the bill.

S. 4010:

for the relief of Shigeru Yamada

11:13 A.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

11:06 A.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 4010.

Considered under suspension of the rules.

11:05 A.M. –

Ms. Chu moved to suspend the rules and pass the bill.

H. Res. 1761:

congratulating Auburn University quarterback and College Park, Georgia, native Cameron Newton on winning the 2010 Heisman Trophy for being the most outstanding college football player in the United States

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

10:53 A.M. –

DEBATE – The House proceeded with forty minutes of debate on H. Res. 1761.

Considered under suspension of the rules.

Mr. Altmire moved to suspend the rules and agree to the resolution.

H.R. 6494:

to amend the National Defense Authorization Act for Fiscal Year 2010 to improve the Littoral Combat Ship program of the Navy

10:51 A.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

10:31 A.M. –

DEBATE – The House proceeded with forty minutes of debate on H.R. 6494.

Considered under suspension of the rules.

Mr. Taylor moved to suspend the rules and pass the bill, as amended.

10:30 A.M. –

The Speaker announced that votes on suspensions, if ordered, will be postponed until a time to be announced.

The House received a message from the Clerk. Pursuant to the permission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representatives, the Clerk notified the House that she had received a message from the Secretary of the Senate on December 15, 2010, at 9:40 a.m. stating that that body had passed S. 4005.

10:04 A.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.

PLEDGE OF ALLEGIANCE – The Chair designated Mr. Tonko to lead the Members in reciting the Pledge of Allegiance to the Flag.

The Speaker announced approval of the Journal. Pursuant to clause 1, rule I, the Journal stands approved.

10:03 A.M. –

Today’s prayer was offered by the House Chaplain, Rev. Daniel Coughlin.

The House convened, starting a new legislative day.

~ politics petitions pollution and pop culture

“I Now Hope This Deal Fails”: Conservatives Divide


“I Now Hope This Deal Fails”: Conservatives Divided on Tax Compromise

http://mediamatters.org/research/201012120006

In the wake of last week’s announcement of a compromise between the Obama administration and congressional Republicans on the extension of the Bush tax cuts, the leaders of the right-wing media has fractured into a camp that supports the deal and a camp that fervently opposes it.

Gingrich, Kristol, Wall Street Journal Line Up In Favor Of Deal That Is “Good For The Economy”

Newt Gingrich: Tax Deal Is “A Great Victory For American People And GOP Leadership.” From former Speaker Newt Gingrich’s Twitter feed on December 7:

Gingrichtaxdeal2

Bill Kristol: “This Is A Very Good Deal From A Conservative Point Of View.”

CHRIS WALLACE: Is this deal good for the economy? And what about the question of adding basically another trillion dollars to our debt?

KRISTOL: Yes it’s good for the economy. Keeping– Some of us have been arguing for a year that keeping current tax rates where they are is much better than allowing them to rise. A cut in the payroll tax cut– the payroll tax has been something conservatives have always thought was one of the best taxes you could cut on labor, especially– It’s a tax cut on labor in a time of high unemployment. The estate tax is what Jon Kyl, a leading Senate conservative, has been for, that tax cut, the estate tax compromise is what he’s been arguing for for years. So, there are a few things in the deal that most of the conservatives won’t like, but this is a very good deal from a conservative point of view. Jim DeMint, who’s against the deal because he’s against sort of any deal, I think honestly, Jim DeMint said that Senator McConnell had gotten “the best deal we could get,” he said. I agree with that. [Fox News Sunday, 12/12/10]

Wall Street Journal: “This Deal Is Superior To Anything We Could Have Imagined Six Months Ago.” From an editorial in the December 8 edition of the Wall Street Journal:

Should Republicans have held out for more, since they would return in January with a stronger position? We wish they had won a longer extension, kicking the next possible tax hike further into the future. As it is, Mr. Obama made clear on Monday that he’ll try again to raise taxes in 2013, figuring he’ll be politically stronger if the economy improves. The growth policy victories here are partial and temporary.

Yet this deal is superior to anything we could have imagined six months ago. Much credit goes to Mitch McConnell and Senate Republicans for holding together against the class war attacks of Chuck Schumer and other Democrats. By holding firm, they divided the opposition. This proves again that Republicans win the economic debate when they make the case for lower taxes for everyone in the name of faster growth and job creation. [Wall Street Journal, 12/8/10]

Limbaugh, Palin And Others Say “Tax Compromise Must Now Die”

Erickson: “The Tax Compromise Must Now Die.” In a December 10 post on RedState.com, blogger and CNN contributor Erick Erickson said that the tax deal reached by President Obama and the Republican Party was “loaded up with budget busing pork of ridiculously absurd levels” and urged readers to call their senators and tell them to oppose it. He wrote:

But the deal must now die. It must now be opposed by Republicans. Released now in print, the legislation is loaded up with budget busting pork of ridiculously absurd levels. The attachments to the compromise represent everything wrong with Washington. Many of them mirror the same porkulus spending in TARP.

The GOP must now say no. GO TO THE REDSTATE ACTION CENTER RIGHT NOW and call your Senator.

The legislation contains a huge amount of pork, some in the form of tax extenders that only the most coin-operated of conservatives can really defend. It even has ethanol subsidies. Put it to you this way — with the logic of those vocally calling for support of these earmarks, if the Democrats gave a tax credit for abortion, you’d have these same conservative groups defending them. No, that is not an exaggeration.

The tax compromise already busted the budget with the unemployment extension. Ultimately, all the Republicans were getting anyway was keeping current income tax rates.

They now need to walk away from the table. Call now. [Redstate.com, 12/10/10]

Limbaugh: “I Now Hope This Deal Fails.” From the December 10 edition of Premiere Radio Networks’ The Rush Limbaugh Show:

It’s hard to break old habits, folks. Especially in Washington. Even the Republican leaders have been part of this system for decades. False deadlines, foolish deals: they’ve become the rule, and it need not be. I now hope this deal fails. I say it, directly and officially.

If the deal fails, the Democrats are in control, so it is they who will be raising taxes. Let the tax rates go up on January 1. Let ’em go up. Wait for our cavalry to show up and deal with this the right way. They had two years to deal with this. They’ve had the two years of Obama’s presidency to deal with this. And they haven’t. On purpose. They want the tax rates to go up. And we’re buying– They’re selling, really, in any great shakes, we agree to two years of the tax rates not changing? How about permanently, the tax rates not changing? Then we’ll talk to you.

Two years? And we’ve got thirteen more months of unemployment? But that– The only way you can describe that thirteen months is, look at all the spending that is. That’s new spending. Three years. Now, of unemployment compensation benefits. In exchange for a 35% death tax, a 2% cut in the payroll tax, and two years of tax rates on income not changing.

They had two years to deal with this. The new Congress coming in will fix it. If the GOP leadership will allow it. [Premiere Radio Networks, The Rush Limbaugh Show, 12/10/10]

Krauthammer: Tax Cut Deal Is “The Swindle Of The Year.” In a December 10 Washington Post column, Krauthammer wrote “Barack Obama won the great tax-cut showdown of 2010.” He went on to write:

If Obama had asked for a second stimulus directly, he would have been laughed out of town. Stimulus I was so reviled that the Democrats banished the word from their lexicon throughout the 2010 campaign. And yet, despite a very weak post-election hand, Obama got the Republicans to offer to increase spending and cut taxes by $990 billion over two years. Two-thirds of that is above and beyond extension of the Bush tax cuts but includes such urgent national necessities as windmill subsidies.

No mean achievement. After all, these are the same Republicans who spent 2010 running on limited government and reducing debt. And this budget busting occurs less than a week after the president’s deficit commission had supposedly signaled a new national consensus of austerity and frugality.

Some Republicans are crowing that Stimulus II is the Republican way – mostly tax cuts – rather than the Democrats’ spending orgy of Stimulus I. That’s consolation? This just means that Republicans are two years too late. Stimulus II will still blow another near-$1 trillion hole in the budget.

At great cost that will have to be paid after this newest free lunch, the package will add as much as 1 percent to GDP and lower the unemployment rate by about 1.5 percentage points. That could easily be the difference between victory and defeat in 2012.

Obama is no fool. While getting Republicans to boost his own reelection chances, he gets them to make a mockery of their newfound, second-chance, post-Bush, Tea-Party, this-time-we’re-serious persona of debt-averse fiscal responsibility.

And he gets all this in return for what? For a mere two-year postponement of a mere 4.6-point increase in marginal tax rates for upper incomes. And an estate tax rate of 35 percent – it jumps insanely from zero to 55 percent on Jan. 1 – that is somewhat lower than what the Democrats wanted. [Washington Post, 12/10/10]

The Hill: Palin “Came Out Against The Tax-Cut Deal President Obama Brokered With Republicans.” From a December 8 blog post on TheHill.com:

Former Alaska Gov. Sarah Palin (R) on Wednesday came out against the tax-cut deal President Obama brokered with Republicans.

The potential 2012 presidential candidate endorsed a Twitter post that applauded Sen. Jim DeMint’s (R-S.C.) criticism of the deal.

“Thank you, @JimDeMint – DeMint comes out against tax deal, says GOP must do ‘better than this,'” reads the message from conservative commentator Jedediah Bila. [TheHill.com, 12/08/10]

From Sarah Palin’s Twitter feed, December 8:

Palintaxdeal

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