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.