Senate Convenes: 9:30amET December 21, 2010

Following any Leader remarks, Senator Alexander will be recognized to speak for up to 10 minutes in morning business. Following his remarks, the Senate will resume consideration of the motion to concur with respect to H.R.3082, which is the legislative vehicle for the Continuing Resolution (CR through March 4, 2011). At approximately 10:15am, the Senate will proceed to vote on the motion to invoke cloture on the motion to concur in the House amendment to the Senate amendment to HR3082, with an amendment (CR).

Following the cloture vote on the CR, Senator Specter will deliver his farewell remarks to the Senate.

If cloture is invoked on the CR, there would be up to 30 hours for debate. We hope that some of the time will be yielded back. Upon disposition of the CR, the Senate will proceed to vote on the motion to invoke cloture on the START Treaty. Senators will be notified when that vote is scheduled.

The Senate is considering the START Treaty post-cloture.

Votes:
288: Motion to invoke cloture on the motion to concur in the House amendment to the Senate amendment to H.R.3082, with amendment #4885: , (Continuing Resolution through March 4, 2011)
Invoked: 82-14.

289: Motion to concur in the House amendment to the Senate amendment to H.R.3082, with an amendment (CR through March 4, 2011);
Agreed To: 79-16

290: Confirmation of Benita Y. Pearson, of Ohio, to be U.S. District Judge for the Northern District of Ohio;
Confirmed: 56-39

291: Confirmation of William Joseph Martinez, of Colorado, to be U.S. District Judge for the district of Colorado;
Confirmed: 58-37

292: Cloture on the New START Treaty;
Invoked: 67-28.

293: Ensign #4855 (rail mobile missiles);
Not Agreed To: 32-63

294: Kerry motion to table Risch #4878 (military equipment);
Tabled: 61-32.

295: Wicker amendment #4895: (Bilateral Consultative Commission);
Not Agreed To: 34-59

296: Now Voting on Kyl amendment #4860: (sea launched missiles)

Next vote in relationto Kyl amendment #4893: (telemetry)

Unanimous Consent:
Passed H.R.3481, a bill to amend the Federal Water Pollution Control Act to clarify Federal responsibility for stormwater pollution (with Cardin amendment).

Passed H.R.5470, a bill to to exclude an external power supply for certain security or life safety alarms and surveillance system components from the application of certain energy efficiency standards under the Energy Policy and Conservation Act.

Passed H.R.4445, Indian Pueblo Cultural Center Clarification Act

Passed S.3903, a bill to authorize leases of up to 99 years for lands held in trust for Ohkay Owingeh Pueblo.

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CURRENT HOUSE FLOOR PROCEEDINGS
LEGISLATIVE DAY OF DECEMBER 21, 2010
111TH CONGRESS – SECOND SESSION

7:58 P.M. –

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

7:50 P.M. –

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

7:49 P.M. –

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION – Pursuant to section 1238(b)(3) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001,(22 U.S.C. 7002) as amended, the Minority Leader appointed Mr. Larry Wortzel to the United States-China Economic and Security Review Commission, effective January 1, 2011 .

7:48 P.M. –

INDIAN LAW AND ORDER COMMISSION – Pursuant to Section 235 of the Tribal Law and Order Act (P.L. 111-211), the Minority Leader appointed Mr. Thomas Gede of San Francisco, California to the Indian Law and Order Commission .

7:47 P.M. –

COMMISSION ON KEY NATIONAL INDICATORS – Pursuant to Sec. 5605 of the Patient Protection and Affordable Care Act (P.L. 111-148), the Minority Leader appointed Mr. Marcus Peacock of Washington, DC and Mr. Thomas J. Philipson of Chicago, IL to the Commission on Key National Indicators .

7:46 P.M. –

The Speaker designated the Honorable Donna F. Edwards to act as Speaker pro tempore to sign enrolled bills and joint resolutions through the remainder of the 2nd session of the 111th Congress.

7:45 P.M. –

Mr. McGovern asked unanimous consent That when the House adjourns on Tuesday, December 21, 2010, it adjourn to meet at 11:00 a.m. on Wednesday, December 22, 2010. Agreed to without objection.

H.R. 6547:

to amend the Elementary and Secondary Education Act of 1965 to require criminal background checks for school employees

7:44 P.M. –

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

7:43 P.M. –

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 314 – 20 (Roll no. 663).

7:35 P.M. –

Considered as unfinished business.

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

H.R. 3082:

making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2010, and for other purposes

7:34 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 the Yeas and Nays: 193 – 165 (Roll no. 662).

7:06 P.M. –

The previous question was ordered pursuant to the rule.

6:07 P.M. –

DEBATE – The House proceeded with 1 hour of debate on the motion to agree to the Senate amendment to the House amendment to the Senate amendment to H.R. 3082.

6:06 P.M. –

Mr. Obey moved that the House agree to the Senate amendment to the House amendment to the Senate amendment.

Pursuant to the provisions of H.Res. 1782, the Chair recognized Mr. Obey for a motion.

H. Res. 1782:

providing for consideration of the Senate amendment to the House amendment to the Senate amendment to the bill ( H.R. 3082) making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2010, and for other purposes

6:05 P.M. –

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

On agreeing to the resolution Agreed to by voice vote.

The previous question was ordered without objection.

5:42 P.M. –

DEBATE – The House proceeded with one hour of debate on H. Res. 1782

Considered as privileged matter.

S. 2925:

to establish a grant program to benefit victims of sex trafficking, and for other purposes

5:41 P.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.

4:57 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 2925.

Considered under suspension of the rules.

Mr. Scott (VA) moved to suspend the rules and pass the bill, as amended.

4:56 P.M. –

The Speaker announced that votes on suspensions, if ordered, will be postponed until later in the legislative day.

4:55 P.M. –

Mr. Polis (CO) filed a report from the Committee on Rules on H. Res. 1782.

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”

4:54 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.

Considered as unfinished business.

S. 3243:

to require U.S. Customs and Border Protection to administer polygraph examinations to all applicants for law enforcement positions with U.S. Customs and Border Protection, to require U.S. Customs and Border Protection to complete all periodic background reinvestigations of certain law enforcement personnel, and for other purposes

4:53 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.

Considered as unfinished business.

H.R. 2751:

to accelerate motor fuel savings nationwide and provide incentives to registered owners of high polluting automobiles to replace such automobiles with new fuel efficient and less polluting automobiles

4:49 P.M. –

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

On motion that the House agree to the Senate amendments Agreed to by the Yeas and Nays: 215 – 144 (Roll no. 661).

4:42 P.M. –

Considered as unfinished business.

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

4:41 P.M. –

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

On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 216 – 139 (Roll no. 660).

4:32 P.M. –

Considered as unfinished business.

H.R. 5116:

to invest in innovation through research and development, to improve the competitiveness of the United States, and for other purposes

4:31 P.M. –

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

On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 228 – 130 (Roll no. 659).

4:04 P.M. –

Considered as unfinished business.

4:03 P.M. –

UNFINISHED BUSINESS – The Chair announced that the unfinished business was the question on adoption of motions to concur in the Senate amendment to H.R. 5116, H.R. 2142, and H.R. 2751, and motions to suspend the rules, all of which had been debated earlier and on which further proceedings had been postponed.

H.R. 2751:

to accelerate motor fuel savings nationwide and provide incentives to registered owners of high polluting automobiles to replace such automobiles with new fuel efficient and less polluting automobiles

POSTPONED PROCEEDINGS – At the conclusion of debate on the motion to agree to the Senate amendments to H.R. 2751, the Chair announced that pursuant to the order of the House of December 21, 2010, further proceedings on the motion would be postponed until a time to be announced.

The previous question was ordered pursuant to the rule.

3:22 P.M. –

DEBATE – The House proceeded with one hour of debate on motion to agree to the Senate amendments to H.R. 2751.

Mr. Dingell moved that the House agree to the Senate amendments.

Pursuant to the provisions of H.Res. 1781, the Chair recognized Mr. Dingell for a motion.

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

3:20 P.M. –

POSTPONED PROCEEDINGS – At the conclusion of debate on the motion to agree to the Senate amendment to H.R. 2142, the Chair announced that pursuant to the order of the House of December 21, 2010, further proceedings on the motion would be postponed until a time to be announced.

The previous question was ordered pursuant to the rule.

3:10 P.M. –

DEBATE – The House continued with further debate on the motion to agree to the Senate amendment to H.R. 2142.

The House received a message from the Senate. The Senate agreed to the House amendment to the Senate amendment to H.R. 3082, with an amendment.

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

3:02 P.M. –

DEBATE – The House proceeded with one hour of debate on the motion to agree to the Senate amendment to H.R. 2142.

3:01 P.M. –

Mr. Cuellar moved that the House agree to the Senate amendment.

Pursuant to the provisions of H.Res. 1781, the Chair recognized Mr. Cuellar for a motion.

3:00 P.M. –

ORDER OF PROCEDURE – Mr. Cuellar asked unanimous consent that the Speaker may postpone further proceedings on the following measures as though under clause 8(a)(1)(A) of rule XX: motion to agree to the Senate amendments to H.R. 2142 and motion to agree to Senate amendment to H.R. 2751. Agreed to without objection.

2:59 P.M. –

Commission on Key National Indicators – Pursuant to section 5606 of the Patient Protection and Affordable Care Act (P.L. 111-148), and the order of the House of January 6, 2009, the Chair appointed Dr. Stephen Heintz, New York, NY and Dr. Martha Tienda, Princeton, NJ .

National Committee on Vital and Health Statistics – Pursuant to section 306(k) of the Public Health Service Act (42 U.S.C. 242k) and the order of the House of January 6, 2009, the Chair appointed Dr. Vickie M. Mays, Los Angeles, CA for a term of 4 years .

H.R. 5116:

to invest in innovation through research and development, to improve the competitiveness of the United States, and for other purposes

2:57 P.M. –

POSTPONED PROCEEDINGS – At the conclusion of debate on the motion to agree to the Senate amendment to H.R. 5116, the Chair announced that pursuant to the order of December 21, 2010, further proceedings on the motion would be postponed until a time to be announced.

The previous question was ordered pursuant to the rule.

2:21 P.M. –

DEBATE – The House continued with further debate on the motion to agree to the Senate amendment to H.R. 5116.

The House received a message from the Senate. The Senate passed S. 3481.

H.R. 5116:

to invest in innovation through research and development, to improve the competitiveness of the United States, and for other purposes

1:40 P.M. –

DEBATE – The House proceeded with one hour of debate on the motion to agree to the Senate amendment to H.R. 5116.

1:39 P.M. –

Mr. Gordon (TN) moved that the House agree to the Senate amendment.

Pursuant to the provisions of H.Res. 1781, the Chair recognized Mr. Gordon (TN) for a motion.

H. Res. 1781:

providing for consideration of the Senate amendment to the bill ( H.R. 5116) to invest in innovation through research and development, to improve the competitiveness of the United States, and for other purposes; providing for consideration of the Senate amendments to the bill ( H.R. 2751) to accelerate motor fuel savings nationwide and provide incentives to registered owners of high polluting automobiles to replace such automobiles with new fuel efficient and less polluting automobiles; and providing for consideration of the Senate amendment to the bill ( H.R. 2142) to require quarterly performance assessments of Government programs for purposes of assessing agency performance and improvement, and to establish agency performance improvement officers and the Performance Improvement Council

1:37 P.M. –

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

On agreeing to the resolution Agreed to by voice vote.

The previous question was ordered without objection.

1:09 P.M. –

DEBATE – The House proceeded with one hour of debate on H. Res. 1781

1:08 P.M. –

Considered as privileged matter.

H.R. 6540:

to require the Secretary of Defense, in awarding a contract for the KC-X Aerial Refueling Aircraft Program, to consider any unfair competitive advantage that an offeror may possess

1:06 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): 325 – 23 (Roll no. 658).

1:01 P.M. –

Considered as unfinished business.

12:59 P.M. –

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

H. Res. 1771:

waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules, and providing for consideration of motions to suspend the rules

On agreeing to the resolution Agreed to by the Yeas and Nays: 199 – 151 (Roll no. 657).

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

12:30 P.M. –

The previous question was ordered without objection.

12:19 P.M. –

DEBATE – The House proceeded with one hour of debate on H. Res. 1771

Considered as privileged matter.

12:16 P.M. –

Mr. McGovern filed a report from the Committee on Rules on H. Res. 1781.

H.R. 1746:

to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to reauthorize the pre-disaster mitigation program of the Federal Emergency Management Agency

12:15 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.

12:05 P.M. –

DEBATE – The House proceeded with forty minutes of debate on the motion to concur in the Senate amendment to H.R. 1746.

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

H.R. 4748:

to amend the Office of National Drug Control Policy Reauthorization Act of 2006 to require a northern border counternarcotics strategy, and for other purposes

12:03 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.

11:55 A.M. –

DEBATE – The House proceeded with forty minutes of debate on the motion to concur in the Senate amendment to H.R. 4748.

Mr. Scott (VA) moved that the House suspend the rules and agree to the Senate amendment.

S. 3243:

to require U.S. Customs and Border Protection to administer polygraph examinations to all applicants for law enforcement positions with U.S. Customs and Border Protection, to require U.S. Customs and Border Protection to complete all periodic background reinvestigations of certain law enforcement personnel, and for other purposes

11:54 A.M. –

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Ms. Jackson Lee (TX) 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.

11:43 A.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 3243.

Considered under suspension of the rules.

Ms. Jackson Lee moved to suspend the rules and pass the bill.

S. 1481:

to amend section 811 of the Cranston-Gonzalez National Affordable Housing Act to improve the program under such section for supportive housing for persons with disabilities

11:42 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.

11:26 A.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 1481.

Considered under suspension of the rules.

Mr. Murphy (CT) moved to suspend the rules and pass the bill.

S. 118:

to amend section 202 of the Housing Act of 1959, to improve the program under such section for supportive housing for the elderly, and for other purposes

11:25 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.

11:12 A.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 118.

Considered under suspension of the rules.

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

H.R. 6547:

to amend the Elementary and Secondary Education Act of 1965 to require criminal background checks for school employees

11:11 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.

11:04 A.M. –

DEBATE – The House proceeded with forty minutes of debate on H.R. 6547.

Considered under suspension of the rules.

Mr. Miller, George moved to suspend the rules and pass the bill.

H.R. 6540:

to require the Secretary of Defense, in awarding a contract for the KC-X Aerial Refueling Aircraft Program, to consider any unfair competitive advantage that an offeror may possess

11:03 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.

10:41 A.M. –

DEBATE – The House proceeded with forty minutes of debate on H.R. 6540.

Considered under suspension of the rules.

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

H.R. 5809:

to amend the Controlled Substances Act to provide for take-back disposal of controlled substances in certain instances, and for other purposes

10:40 A.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 amendments Agreed to by voice vote.

10:25 A.M. –

DEBATE – The House proceeded with forty minutes of debate on the motion to concur in the Senate amendments to H.R. 5809.

Mr. Waxman moved that the House suspend the rules and agree to the Senate amendments.

H.R. 81:

to amend the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act to improve the conservation of sharks

10:23 A.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.

10:19 A.M. –

DEBATE – The House proceeded with forty minutes of debate on the motion to concur in the Senate amendment to H.R. 81.

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

10:18 A.M. –

The Speaker announced that votes on suspensions, if ordered, will be postponed until the conclusion of general debate on all suspensions.

10:17 A.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 the following message from the Secretary of the Senate on December 20, 2010 at 3:00 p.m.: That the Senate passed H.R. 2751, with amendments.

10:16 A.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 the following message from the Secretary of the Senate on December 20, 2010 at 9:49 a.m.: That the Senate passed S. 118, H.R. 4915 with amendments, H.R. 6510, H.R. 6473, H.R. 6533, and H.Con.Res. 335.

10:15 A.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 the following message from the Secretary of the Senate on December 18, 2010 at 3:54 p.m.: That the Senate concurred in the House amendment to the Senate amendment to H.R. 2965.

10:14 A.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 the following message from the Secretary of the Senate on December 17, 2010 at 8:40 p.m.: That the Senate passed H.J.Res. 105.

10:12 A.M. –

ONE MINUTE SPEECHES – The House resumed one minute speeches.

10:11 A.M. –

The House received a message from the Senate. The Senate passed H.R. 81 amended, H.R. 6412, H.R. 4748 amended, and H.R. 1746 amended.

10:04 A.M. –

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

10:03 A.M. –

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

10:02 A.M. –

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

10:01 A.M. –

Today’s prayer was offered by Monsignor Stephen J. Rossetti, Catholic University of America, Washington, DC.

10:00 A.M. –

The House convened, starting a new legislative day.