CURRENT HOUSE FLOOR PROCEEDINGS
LEGISLATIVE DAY OF JUNE 23, 2011
112TH CONGRESS – FIRST SESSION

6:49 P.M. – SPECIAL ORDER SPEECHES – The House has concluded all anticipated legislative business and has proceeded to Special Order speeches.

6:43 P.M. – ONE MINUTE SPEECHES – The House proceeded with further one minute speeches.

H.R. 2219:

making appropriations for the Department of Defense for the fiscal year ending September 30, 2012, and for other purposes 

6:41 P.M. – Committee of the Whole House on the state of the Union rises leaving H.R. 2219as unfinished business.On motion to rise Agreed to by voice vote.

Mr. Young (FL) moved to rise.

5:52 P.M. – GENERAL DEBATE – The Committee of the Whole proceeded with one hour of general debate on H.R. 2219.

5:51 P.M. – The Speaker designated the Honorable Lynn A. Westmoreland to act as Chairman of the Committee.House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 320and Rule XVIII.

Rule provides for consideration of H.R. 2219with 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 read by paragraph. Bill is open to amendments. Points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived.

Considered under the provisions of rule H. Res. 320.

5:50 P.M. – Mr. Woodall filed a report from the Committee on Rules on H. Res. 328.

5:49 P.M. – The Speaker announced approval of the Journal. Pursuant to clause 1, rule I, the Journal stands approved.UNFINISHED BUSINESS – The Chair announced that the unfinished business was on the question of the Speaker’s approval of the Journal.

H.R. 1249:

to amend title 35, United States Code, to provide for patent reform 

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. 1249.

5:48 P.M. – On passage Passed by recorded vote: 304 – 117 (Roll no. 491).Motion to reconsider laid on the table Agreed to without objection.

5:42 P.M. – On motion to recommit with instructions Failed by recorded vote: 172 – 251 (Roll no. 490).

5:24 P.M. – The previous question on the motion to recommit with instructions was ordered without objection.

5:19 P.M. – DEBATE – The House proceeded with ten minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to report the same to the House with an amendment to require the U.S. Patent Office to prioritize patent applications filed by entities that pledge to develop or manufacture their products, processes, and technologies in the U.S., including, specifically, those filed by small businesses and individuals.

5:17 P.M. – Mr. Miller (NC) moved to recommit with instructions to Judiciary.

Mr. Miller (NC) moved to recommit the bill H.R. 1249 to the Committee on the Judiciary with instructions to report the same back to the House forthwith with the following amendment: � Add at the end of the bill the following (and conform the table of contents accordingly): � SEC. 34. PRIORITY IN PROCESSING PATENT APPLICATIONS. ***

5:16 P.M. – The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

5:15 P.M. – The previous question was ordered pursuant to the rule.

5:14 P.M. – The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1249.On agreeing to the Schock amendment Failed by recorded vote: 158 – 262, 1 Present (Roll no. 489).

5:11 P.M. – On agreeing to the Rohrabacher amendment Failed by recorded vote: 81 – 342 (Roll no. 488).

5:07 P.M. – On agreeing to the Manzullo amendment Failed by recorded vote: 92 – 329 (Roll no. 487).

5:02 P.M. – On agreeing to the Sensenbrenner amendment Failed by recorded vote: 129 – 295 (Roll no. 486).

4:58 P.M. – On agreeing to the Conyers amendment Agreed to by recorded vote: 223 – 198 (Roll no. 485).

4:55 P.M. – Amendment offered by Mr. Conyers.

An amendment numbered 9 printed in Part B of House Report 112-111 to restore language for calculation of 60-day period for application of patent term extension that the managers amendment strikes.

4:54 P.M. – PROCEEDINGS VACATED – By unanimous consent, the disposition proceedings for the Conyers amendment No. 9 were vacated and the Committee of the Whole proceeded to re-vote the Conyers amendment.

4:47 P.M. – On agreeing to the Baldwin amendment Failed by recorded vote: 81 – 342 (Roll no. 483).

4:40 P.M. – On agreeing to the Conyers amendment Failed by recorded vote: 105 – 316 (Roll no. 482).

4:14 P.M. – UNFINISHED BUSINESS – The Chair announced that the unfinished business was on the adoption of amendments which had been debated earlier and on which further proceedings were postponed.

4:13 P.M. – POSTPONED PROCEEDINGS – At the conclusion of debate on the Schock amendment, the Chair put t he question on adoption of the amendment and by voice vote, announced the ayes had prevailed. Mr. Smith (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

3:59 P.M. – DEBATE – Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Schock amendment no. 15.Amendment offered by Mr. Schock.

An amendment numbered 15 printed in Part B of House Report 112-111 to strike section 18 of H.R. 1249, the Transitional program for covered business method patents.

3:58 P.M. – POSTPONED PROCEEDINGS – At the conclusion of debate on the Rohrabacher amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Rohrabacher demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

3:48 P.M. – DEBATE – Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Rohrabacher amendment no. 14.Amendment offered by Mr. Rohrabacher.

An amendment numbered 12 printed in Part B of House Report 112-111 to eliminate the burden of post-grant reviews and reexaminations on individual inventors and small businesses with 100 or fewer employees.

3:47 P.M. – POSTPONED PROCEEDINGS – At the conclusion of debate on the Manzullo amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Manzullo demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

3:38 P.M. – DEBATE – Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Manzullo amendment no. 13.Amendment offered by Mr. Manzullo.

An amendment numbered 13 printed in Part B of House Report 112-111 to eliminate the ability of the Director of the U.S. Patent and Trademark Office (USPTO) to set fees, retaining that authority for Congress.

3:37 P.M. – POSTPONED PROCEEDINGS – At the conclusion of debate on the Sensenbrenner amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

3:26 P.M. – DEBATE – Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Sensenbrenner amendment no. 12.Amendment offered by Mr. Sensenbrenner.

An amendment numbered 12 printed in Part B of House Report 112-111 to strike Section 3 of the legislation, which would convert the U.S. patent system from `first-to-invent’ to `first-to-file.’

3:25 P.M. – By unanimous consent, the Watt amendment was withdrawn.

3:24 P.M. – DEBATE – Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Watt amendment no. 11.

3:23 P.M. – Amendment offered by Mr. Watt.

An amendment numbered 11 printed in Part B of House Report 112-111 to add a severability clause protecting the remainder of the bill if the Supreme Court determines that certain sections or provisions are unconstitutional.

3:22 P.M. – On agreeing to the Speier amendment Agreed to by voice vote.

3:17 P.M. – DEBATE – Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Speier amendment no. 10.Amendment offered by Ms. Speier.

An amendment numbered 10 printed in Part B of House Report 112-111 to direct the PTO to prescribe a requirement that parties provide sufficient evidence to prove and rebut a claim of derivation.

3:16 P.M. – POSTPONED PROCEEDINGS – At the conclusion of debate on the Conyers amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Conyers demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

3:07 P.M. – DEBATE – Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment no. 9.Amendment offered by Mr. Conyers.

An amendment numbered 9 printed in Part B of House Report 112-111 to restore language for calculation of 60-day period for application of patent term extension that the managers amendment strikes.

On agreeing to the Polis amendment Failed by voice vote.

2:58 P.M. – DEBATE – Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Polis (CO) amendment no. 8.Amendment offered by Mr. Polis.

An amendment numbered 8 printed in Part B of House Report 112-111 to clarify that the new legislation would apply only to new tax planning patents, not already filed patents which would disclose patent information leaving the applicants vulnerable.

2:57 P.M. – On agreeing to the Peters amendment Agreed to by voice vote.

2:49 P.M. – DEBATE – Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Peters amendment no. 7.Amendment offered by Mr. Peters.

An amendment numbered 7 printed in Part B of House Report 112-111 to mandate a USPTO-led study on what USPTO, SBA, and other agencies can do to help small businesses obtain, maintain, and enforce foreign patents. This study is to be conducted using existing resources.

2:48 P.M. – On agreeing to the Lujan amendment Agreed to by voice vote.

2:45 P.M. – DEBATE – Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Lujan amendment no. 6.Amendment offered by Mr. Lujan.

An amendment numbered 6 printed in Part B of House Report 112-111 to add requirements to the satellite office location selection process to ensure that (1) the purposes, as described in the bill, of establishing satellite offices are achieved, (2) recruitment costs are minimized by considering the availability of knowledgeable personnel in the region, and (3) the economic impact to the region is considered. It would also require that the Director in the required report to Congress on the rationale in selecting the location of any satellite office include an explanation of how the selected location will achieve the purposes of satellite offices and how the required considerations were met.

On agreeing to the Jackson Lee (TX) amendment Agreed to by voice vote.

2:39 P.M. – DEBATE – Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment no. 5.Amendment offered by Ms. Jackson Lee (TX).

An amendment numbered 5 printed in Part B of House Report 112-111 to add a sense of Congress that it is important to protect the rights of small businesses and inventors from predatory behavior that could result in cutting off innovation and may provide an undue advantage to large financial institutions and high-tech firms.

2:38 P.M. – On agreeing to the Moore amendment Agreed to by voice vote.

2:34 P.M. – DEBATE – Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Moore amendment no. 4.Amendment offered by Ms. Moore.

An amendment numbered 4 printed in Part B of House Report 112-111 to direct the USPTO to develop methods for studying the diversity of patent applicants, including those applicants who are minorities, women, or veterans. Any results of the study shall not be used for preferential treatment in the patent process.

2:33 P.M. – POSTPONED PROCEEDINGS – At the conclusion of debate on the Baldwin amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Ms. Baldwin demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

2:23 P.M. – DEBATE – Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Baldwin amendment no. 3.Amendment offered by Ms. Baldwin.

An amendment numbered 3 printed in Part B of House Report 112-111 to strike Section 5, the `prior user rights’ language, and conform H.R. 1249 to H.R. 1908, as passed by the U.S. House of Representatives on September 7, 2007, and S. 23, as passed by the U.S. Senate on March 8, 2011.

2:22 P.M. – POSTPONED PROCEEDINGS – At the conclusion of debate on the Conyers amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Conyers demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

2:11 P.M. – DEBATE – Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment no. 2.Amendment offered by Mr. Conyers.

An amendment numbered 2 printed in Part B of House Report 112-111 to insert language to move the United States to a first to file system only upon a Presidential finding that other major patent authorities have adopted a similar one-year grace period.

2:09 P.M. – On agreeing to the Smith (TX) amendment Agreed to by recorded vote: 283 – 140 (Roll no. 481).

1:51 P.M. – UNFINISHED BUSINESS – The Chair announced the unfinished business was on the question of adoption of an amendment which had been debated earlier and on which further proceedings were postponed.The House resolved into Committee of the Whole House on the state of the Union for further consideration.

Considered as unfinished business.

H. Res. 320:

providing for consideration of the bill ( H.R. 2219) making appropriations for the Department of Defense for the fiscal year ending September 30, 2012, and for other purposes 

1:50 P.M. – On agreeing to the resolution Agreed to by recorded vote: 251 – 173 (Roll no. 480).Motion to reconsider laid on the table Agreed to without objection.

1:33 P.M. – On ordering the previous question Agreed to by the Yeas and Nays: 247 – 168 (Roll no. 479).

12:31 P.M. – DEBATE – The House proceeded with one hour of debate on H. Res. 320.

12:30 P.M. – Considered as privileged matter.

12:28 P.M. – ONE MINUTE SPEECHES – The House resumed one minute speeches.

12:26 P.M. – The Speaker laid before the House a message from the President transmitting a notification of the continuance of the national emergency with respect to the Western Balkans -referred to the Committee on Foreign Affairs and ordered to be printed (H. Doc. 112-41).

12:24 P.M. – The Speaker laid before the House a message from the President transmitting a notification of the continuance of the national emergency with respect to the proliferation of weapons-usable fissile material on the Korean Peninsula and the actions and policies of the Government of North Korea that destabilize the Korean Peninsula – referred to the Committee on Foreign Affairs and ordered to be printed (H. Doc. 112-40).

12:04 P.M. – ONE MINUTE SPEECHES – The House proceeded with one minute speeches which by direction of the Chair, would be limited to 15 per side of the aisle.

12:03 P.M. – ADJUSTMENT OF WHOLE NUMBER OF HOUSE – Under clause 5(d) of Rule XX, the Chair announced to the House that, in light of the resignation of the Gentleman from New York, the whole number of the House is 432.

12:02 P.M. – The House received a communication from Cesar A. Perales, Secretary of State, State of New York. Mr. Perales informed the House he had received the resignation of Anthony D. Weiner as New York’s 9th Congressional District Representative in the United States House of Representatives. The New York State Department of State filed the letter on June 20, 2011. A copy of Mr. Weiner’s letter of resignation was attached.PLEDGE OF ALLEGIANCE – The Chair designated Mr. Altmire to lead the Members in reciting the Pledge of Allegiance to the Flag.

12:01 P.M. – SPEAKERS APPROVAL OF THE JOURNAL – The Chair announced that he had examined the Journal of the last day’s proceedings and had approved it. Mr. Hultgren demanded that the question be put on agreeing to the Speaker’s approval of the Journal and by voice vote, the Chair announced that the ayes had prevailed. Mr. Hultgren objected to the voice vote based upon the absence of a quorum and the Chair postponed further proceedings on the question of agreeing to the Speaker’s approval of the Journal until later in the legislative day.Today’s prayer was offered by the House Chaplain, Rev. Patrick J. Conroy.

12:00 P.M. – The House convened, returning from a recess continuing the legislative day of June 23.

11:12 A.M. – The Speaker announced that the House do now recess. The next meeting is scheduled for 12:00 P.M. today.

10:01 A.M. – MORNING-HOUR DEBATES – The House proceeded with Morning Hour Debates. At the conclusion of Morning Hour, the House will recess until 12:00 p.m. for the start of legislative business.

10:00 A.M. – The Speaker designated the Honorable Michael G. Fitzpatrick to act as Speaker pro tempore for today.The House convened, starting a new legislative day.

~~~~~~~~~~~~~~~~~~~~

• The Senate Convenes: 10am June 23, 2011
• • Following any Leader remarks, the Senate will be in morning business until 11:30am with Senators permitted to speak therein for up to 10 minutes each, with the time equally divided and controlled between the two Leaders or their designees, with the Majority controlling the first half and the Republicans controlling the final half.
  • Following morning business, the Senate will resume consideration of S.679, the Presidential Appointment Efficiency and Streamlining Act with the Vitter amendment #499 regarding czars and the DeMint amendment #510 regarding Bureau of Justice Statistics debated concurrently with up to 30 minutes of debate, with Senators Vitter, DeMint, Reid, and McConnell, or their designees, each controlling 7 ½ minutes.
  • Upon the use or yielding back of time (at approximately 12pm), the Senate will conduct 2 roll call votes in relation to the following:
    • Vitter amendment #499 regarding czars (60-vote threshold)
    • DeMint amendment #510 regarding Bureau of Justice Statistics (majority-vote threshold)
  • The following amendments are pending to S.679, the Presidential Appointment Efficiency and Streamlining Act:
    • DeMint amendment #501 (IMF bailouts)
    • DeMint amendment #511 (legislative & public affairs)
    • Portman amendment #509 (Comptrollers of Navy, Army, Air Force; Controller of OMB and department CFOs)
    • Cornyn amendment #504 (strike provisions re: Comptroller of the Army, Navy and Air Force)
    • Toomey amendment #514 (strikes the provision relating to the Governors and alternate governors of the IMF and the International Bank for Reconstruction and Development)
    • Carper amendment #517 (GAO report)
    • McCain amendment #493 (Navajo and Hopi Relocation Office)
    • Akaka amendment #512 (Commissioner of the Administration for Native Americans)
    • Paul amendment #502 (Treasurer of the United States)
    • Paul amendment #503 (Director of the Mint)
• • • VOTES
  • The Senate began a roll call vote on the Vitter amendment #499 (czars) to S.679, the Presidential Appointment Efficiency and Streamlining Act (60-vote threshold); Not agreed to: 47-51.
  • The Senate began a roll call vote on the DeMint amendment #510 (Bureau of Justice Statistics) to S.679, the Presidential Appointment Efficiency and Streamlining Act; Not Agreed to: 41-57

Adopted S.Res.215, designating the month of June 2011 as “National Cytomegalovirus Awareness Month.”