Congress Matters

Congress Matters

http://www.congressmatters.com/[10/7/2010 12:53:09 PM]

Speculation on what happens if GOP comes upshortby David WaldmanWed Oct 06, 2010 at 08:26:52 AM PDT

Steve Benen enters a guess in the sweepstakes (or at least notes Roll Call'sguess):

But let's say Republicans come up short and win, say, 35 seats.Under normal circumstances, that would be a pretty good cycle for adiscredited party that most the country neither likes nor trusts, butgiven GOP expectations about massive gains this year, failing to wina House majority would be a pretty devastating setback.

As it turns out, though, even if Republicans fell short of a +39 cycle,they wouldn't necessarily wait until 2012 before trying to get thatmajority. Indeed, if the GOP came up a few seats shy of 218,they'd just try to flip some Blue Dogs.

It's happened before. Or at least, party switching has happened before. The last majorshakeup, though, was in 1994-95, after Republicans actually succeeded in takingover the House in their own right. Falling short and looking to pick up a few votes andcollapse across the finish line is perhaps a different story.

And just to add a twist, I wonder whether House Republicans really want it. There's agood argument for why Republicans might do best politically by falling just short ofenough seats to actually have to govern. There's certainly no indication from theircampaign "pledge" document that they've got anything concrete in mind, anyhow, sothey might do just as well to play the frustrated minority in what they'll portray as anevenly-divided country, in the hopes of making a credible bid for the White House in2012.

After all, in truth, Republicans don't believe much in the power of the legislativebranch. That, too, is evidenced by their lack of specificity in their pledge. They'repretty solidly dedicated to executive primacy, especially when they hold the executive.Recall that in the 40+ years since electing Nixon (whose executive primacy doctrine itis they still adhere to), Republicans have held the White House more than twice theamount of time as have Democrats.

Even when they don't hold the White House, they still believe in a kind of executiveprimacy, which is why it's so very important to them to spend their energy aslegislators not legislating, but working to undermine the legitimacy of any Democraticexecutive. It's more important that people have doubts about Bill Clinton's finances orpersonal life, or Barack Obama's birth or religion, than that they actually promulgatepolicy ideas. No matter who wins the White House, most Republican legislators putall their focus on the executive branch: rubber stamping it as a Politburo when thePresident is a Republican, and opposing and undermining it when the President is aDemocrat. Even when the President is a Democrat who proposes adopting what wereonce Republican ideas.

None of that is to say that Republicans wouldn't be pleased to have control of theHouse handed to them. Certainly John Boehner would like nothing better than tohave the trappings of higher office available to him, which he might comfort himself ashe's forced out the door by the up-and-comers who consider him something of aridiculous and useless holdover from a Republican era gone by. But given that theyclearly have no plan for what to do with a majority (besides issue subpoenas aimed atexactly what I told you they aimed at, above), I don't know how aggressively they'llpursue it.

Besides which, any Blue Dog who survives this year is likely to be pretty wellconvinced of his own formula for success. And you couldn't fault them much forthinking it had something to do with being able to demonstrate a kind ofindependence from the Washington leadership of both parties. It seems much morelikely to me that they'll see being part of a narrow majority of Democrats as much

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more valuable in terms of leverage than being part of a narrow majority ofRepublicans. Luring them into the GOP fold will most likely mean offering themleadership positions, which puts them on the spot for voting the leadership line. That'snot how they convinced swing districts to vote for them, and it's not how they've builtthe leverage they've enjoyed as Blue Dogs. Their power comes from being able to bethe last holdouts on every vote. Becoming Republican leaders, responsible foradvancing a party line, would mean largely surrendering that power.

Could it happen? Absolutely. A Blue Dog Democrat who's decided he's had enoughof the constant struggle of walking the electoral tightrope might well be convinced tocross the line in exchange for two last years of relative comfort, followed by retirement(or the leap to K Street). But I think there are lot of other forces acting on the decisionbesides the simple numbers of majority making.

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Today in Congressby David WaldmanThu Sep 30, 2010 at 06:27:24 AM PDT

Both houses finished up their work did what they could last night, and broke camp forthe elections.

That's some contrast, eh? A hundred and fifty-seven billion suspension bills, then aquick detour into funding the entire federal government in one bill, and then put outthe lights and we're outta here!

The early adjournment was somewhat unexpected, so there are still severalcommittee meetings still scheduled. Some may yet be canceled or postponed, but fornow, they're still on the books.

Here's an item that's sure to make you glad to welcome your Senators home:

Senate Democrats agreed Wednesday night to a Republicandemand to block President Obama from making recessappointments while Congress is out of town campaigning for themidterm elections.

Democratic leaders have agreed to schedule pro-forma sessions ofthe Senate every week over the next six weeks, a move that willprevent Obama from making emergency appointments, according toSenate sources briefed on the talks.

How's your forehead doing after that one? I hope you remembered to put your coffeedown before you smacked it!

Why in the world would a Democratic Senate do that to a Democratic President? Well,there's sort of a good explanation, at least technically:

Republican Leader Mitch McConnell (R-Ky.) had threatened to sendObamas most controversial nominees back to the president ifDemocrats did not agree to schedule pro-forma sessions, accordingto a senior GOP aide.

Senate rules give McConnell this power.

That would have forced the president to resubmit the nominees tothe Senate and Democrats to start their confirmation processes(including hearings) all over again.

For some reason -- and here's something ripe for reform when the rule books open upin January -- nominations still pending if the Senate recesses for more than 30 daysare returned to the President. Renominating them when the Senate returns meanssending them through the whole review process all over again.

So rather than have to go through that, Dems were clearly tempted to agree insteadto blocking recess appointments in exchange for an agreement to allow a unanimousconsent waiver to keep these nominations on the books.

But I couldn't blame you for wondering what that's really worth, considering that thelikelihood of Republicans allowing any of these nominations to actually go forwardwhen the lame duck Congress returns is probably slim to none. Still, I guess miraclesdo happen, so they left the door open should one turn up. There are no miracles fornominations that aren't actually pending.

Why, besides just being a Republican, would McConnell do this?

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His move was seen retaliation for Obamas decision to give DonaldBerwick a recess appointment to serve as the administrator of theCenters for Medicare and Medicaid Services.

What? Who? Well, Berwick heads up the Centers for Medicare and MedicaidServices, which used to be known as the Health Care Financing Administration, orHCFA. That's the agency that some of you may remember Newt Gingrich claimed hewas talking about in his infamous "wither on the vine" statement. It's a reasonablyimportant position, with a lot of authority over implementing key provisions of thehealth insurance reform bill.

So that's what apparently got traded for the right to make any other recessappointments, ever. Just thought you should know.

How's that forehead doing? Put down your coffee, I'm not done!

Democrats agreed earlier in the day to a Republican demand to cutspending levels for government agencies in order to pass a stop-gapspending measure.

That continuing resolution to fund the government's operations? The one that had topass because they couldn't pass any regular appropriations bills, since they'd all befilibustered? Well, normally they just pass CRs that say everyone gets funded atcurrent levels until we pass a real appropriations package. But Republicans said no, ifyou want to avoid a shutdown right here and now (forget waiting until after theelection), you'll have to accept across the board cuts right away.

So... you know the rest.

Have a nice election, everyone! Let's get out there and fight, fight, fight!

Today's committee schedule, for those of you who haven't had enough of this,appears below.

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Today in Congressby David WaldmanWed Sep 29, 2010 at 06:05:03 AM PDT

In the House, courtesy of the Office of the Majority Leader:

FLOOR SCHEDULE FOR WEDNESDAY, SEPTEMBER 29,2010

House Meets At... 10:00 a.m.: Legislative Business First Vote Predicted... 11:00 a.m. 12:00 p.m. Last Vote Predicted... Evening

"One Minutes" (15 per side)

H.R. 847 - James Zadroga 9/11 Health and Compensation Act(Rep. Maloney - Energy and Commerce) (Subject to a Rule)

H.R. 2378 - Currency Reform for Fair Trade Act (Rep. Ryan (OH) Ways and Means) (Subject to a Rule)

Motion to Concur in the Senate Amendment to H.R.2701 - Intelligence Authorization Act for Fiscal Year 2010 (Rep.Reyes Intelligence) (Subject to a Rule)

Motion to Concur in the Senate Amendment to H.R.3081 - Making Further Continuing Appropriations for Fiscal Year2011 (Rep. Obey Appropriations) (Subject to a Rule)

Suspensions (6 Bills)

1. Senate Amendments to H.R. 946 - Plain LanguageAct (Rep. Braley - Oversight and Government Reform)

2. H.R. 6162 - Coin Modernization, Oversight, and ContinuityAct of 2010 (Rep. Watt - Financial Services)

3. S. 3397 - Secure and Responsible Drug Disposal Act of2010 (Sen. Klobuchar - Energy and Commerce)

4. S. 1132 - Law Enforcement Officers Safety ActImprovements Act of 2010 (Sen. Leahy - Judiciary)

5. Senate Amendment to H.R. 3219 - Veterans'Insurance and Health Care Improvements Act (Rep. Filner -Veterans' Affairs)

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6. S. 3729 - National Aeronautics and Space AdministrationAuthorization Act of 2010 (Sen. Rockefeller - Science andTechnology)

Postponed Suspension Votes (32 Bills):

1. H.R. 3685 - To require the Secretary of Veterans Affairs toinclude on the main page of the Internet website of theDepartment of Veterans Affairs a hyperlink to theVetSuccess Internet website and to publicize such Internetwebsite (Rep. Stearns - Veterans' Affairs)

2. H.R. 5993 - SAVINGS Act of 2010 (Rep. Halvorson -Veterans' Affairs)

3. H.R. 2853 - All-American Flag Act (Rep. Braley - Oversightand Government Reform)

4. H.R. 4602 - To designate the facility of the United StatesPostal Service located at 1332 Sharon Copley Road inSharon Center, Ohio, as the "Emil Bolas Post Office" (Rep.Boccieri - Oversight and Government Reform)

5. H.R. 5606 - To designate the facility of the United StatesPostal Service located at 47 South 7th Street in Indiana,Pennsylvania, as the "James M. 'Jimmy' Stewart Post OfficeBuilding" (Rep. Critz - Oversight and Government Reform)

6. H.R. 5605 - To designate the facility of the United StatesPostal Service located at 47 East Fayette Street inUniontown, Pennsylvania, as the "George C. Marshall PostOffice" (Rep. Critz - Oversight and Government Reform)

7. H.R. 6014 - To designate the facility of the United StatesPostal Service located at 212 Main Street in Hartman,Arkansas, as the "M.R. 'Bucky' Walters Post Office" (Rep.Boozman - Oversight and Government Reform)

8. H.Res. 1442 - Supporting the goals and ideals of UnitedStates Military History Month (Rep. Duncan - Oversight andGovernment Reform)

9. H.Res. 1546 - Congratulating the Washington Stealth forwinning the National Lacrosse League Championship (Rep.Inslee - Oversight and Government Reform)

10. H.Res. 1479 - Supporting the United States Paralympics,honoring the Paralympic athletes (Rep. Lance - Oversightand Government Reform)

11. H.R. 6118 - To designate the facility of the United StatesPostal Service located at 2 Massachusetts Avenue, N.E., inWashington, D.C., as the "Dorothy I. Height Post OfficeBuilding" (Rep. Norton - Oversight and Government Reform)

12. H.Res. 1617 - Supporting the goals and purpose of Gold StarMothers Day, which is observed on the last Sunday inSeptember of each year in remembrance of the supremesacrifice made by mothers who lose a son or daughterserving in the Armed Forces (Rep. Roskam - Oversight andGovernment Reform)

13. H.Res. 1603 - Expressing support for designation ofSeptember 2010 as National Craniofacial Acceptance Month(Rep. Ross - Oversight and Government Reform)

14. H.R. 3243 - To amend section 5542 of title 5, United StatesCode, to provide that any hours worked by Federalfirefighters under a qualified trade-of-time arrangement shallbe excluded for purposes of determinations relating toovertime pay (Rep. Sarbanes - Oversight and GovernmentReform)

15. S. 3196 - Pre-Election Presidential Transition Act of 2010(Sen. Kaufman - Oversight and Government Reform)

16. H.Res. 1326 - Calling on the Government of Japan toimmediately address the growing problem of abduction toand retention of United States citizen minor children inJapan, to work closely with the Government of the UnitedStates to return these children to their custodial parent or tothe original jurisdiction for a custody determination in theUnited States, to provide left-behind parents immediateaccess to their children, and to adopt without delay the 1980Hague Convention on the Civil Aspects of International ChildAbduction (Rep. Moran (VA) - Foreign Affairs)

17. H.R. 6160 - Rare Earths and Critical Materials RevitalizationAct of 2010 (Rep. Dahlkemper - Science and Technology)

18. H.R. 3421 - Medical Debt Relief Act (Rep. Kilroy - FinancialServices)

19. H.R. 4072 - AMERICA Works Act (Rep. Minnick - Educationand Labor)

20. H.R. 512 - Federal Election Integrity Act (Rep. Davis (CA) -House Administration)

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21. H.R. 758 - Pediatric Research Consortia Establishment Act(Rep. DeGette - Energy and Commerce)

22. H.R. 2999 - Veterinary Public Health Workforce andEducation Act (Rep. Baldwin - Energy and Commerce)

23. H.R. 5354 - GEDI Act (Rep. Engel - Energy and Commerce)24. H.R. 2818 - Methamphetamine Education, Treatment, and

Hope Act (Rep. McNerney - Energy and Commerce)25. S. 3751 - Stem Cell Therapeutic and Research

Reauthorization Act of 2010 (Sen. Hatch - Energy andCommerce)

26. H.R. 1032 - Heart Disease Education, Analysis Research,and Treatment for Women Act (Rep. Capps - Energy andCommerce)

27. H.R. 2408 - Scleroderma Research and Awareness Act (Rep.Capps - Energy and Commerce)

28. H.R. 1230 - Bone Marrow Failure Disease Research andTreatment Act (Rep. Matsui - Energy and Commerce)

29. H.R. 1347 - Concussion Treatment and Care Tools Act (Rep.Pascrell - Energy and Commerce)

30. H.R. 2941 - To reauthorize and enhance Johanna's Law toincrease public awareness and knowledge with respect togynecologic cancers (Rep. DeLauro - Energy andCommerce)

31. H.R. 5462 - Birth Defects Prevention, Risk Reduction, andAwareness Act of 2010 (Rep. DeLauro - Energy andCommerce)

32. H.R. 1210 - Arthritis Prevention, Control, and Cure Act (Rep.Eshoo - Energy and Commerce)

Conference Reports may be brought up at anytime.

Motions to go to Conference should they becomeavailable.Possible Motions to Instruct Conferees.

In the Senate, courtesy of the Office of the Majority Leader:

Convenes: 9:30am

Following any Leader remarks, there will be a period of morningbusiness until 10:00am with the time equally divided and controlledbetween the two Leaders or their designees.

At 10:00am, the Senate will debate the motion to proceed to H.J.Res39 [link], a joint resolution providing for congressional disapprovalunder chapter 8 of title 5, United States Code, of the rule relating tostatus as a grandfathered health plan under the Patient Protectionand Affordable Care Act. Under a unanimous consent agreement,there will be 2 hours for debate equally divided and controlledbetween the Leaders or their designees. Upon the use or yieldingback of time (approximately 12:00 noon), the Senate will proceed tovote on the motion to proceed to H.J.Res. 39. Under the agreementreached, if the motion to proceed is agreed to there would be 1 hourfor debate on the joint resolution of disapproval prior to a vote onpassage.

If the motion to proceed is defeated, the Senate will immediatelyresume consideration of the motion to proceed to H.R.3081, thelegislative vehicle for the Continuing Resolution, post-cloture. Byconsent any time during the adjournment, recess, period of morningbusiness, or with respect to S.J.Res. 30 will count post-cloture.

We are working on an agreement to complete action on theContinuing Resolution tomorrow. Senators will be notified when anyagreement on the CR is reached.

The Senate will recess from 12:30 until 2:15pm to allow for theweekly caucus meetings.

Another banner day in the House, with 32 postponed suspension votes, plus six newsuspensions, and action on four substantive measures, one of which (Intellilgenceauthorization) is new to the schedule, but none of which are the tax bill.

As I mentioned on Monday, the first of the bills coming up under a rule is the 9/11 firstresponders health claims measure that was defeated under suspension of the rulesback in July. Let that be a reminder of where we are in terms of partisanship.

Wondering what's up with the currency reform bill? Try this on for size:

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That's a 90 Second Summary from Main Street Insider, a new media consortiumcovering Capitol Hill happenings with original committee coverage, interviews, andanalysis. It's the fifth Summary in the new series. Be sure to check out the other four.They're great tools for keeping activists up to date on key legislation.

On the Senate side, essentially it's all about passing the continuing resolution (CR) --i.e, extending funding for the entire federal government in the absence of regularappropriations bills -- and they'll throw in a few other items to fill the time mandated bythe cloture rules. Today, that's another of these resolutions of disapproval, this timeabout a rule dealing with a provision of the health insurance reform bill. Fun!

Today's committee schedule appears below the fold, along with Jeremy's picks forhearings of note, including another in the Senate Rules and AdministrationCommittee's series on the filibuster and rules reform.


Chancellor DeMint dissolves the Senateby David WaldmanTue Sep 28, 2010 at 07:19:44 AM PDT

Roll Call (subscription):

Traditionally, the Senate passes noncontroversial measures byunanimous consent at the end of most workdays, a process knownas hot-lining. DeMint, Sen. Tom Coburn (R-Okla.) and others havefought against the practice for years and have dedicated staffmembers to reviewing bills that are to be hot-lined.

As a result, Senate Majority Leader Harry Reid (D-Nev.) andMinority Leader Mitch McConnell (R-Ky.) have generally givenDeMint, Coburn and others time to review legislation beforeproceeding with unanimous consent agreements.

But in a terse e-mail sent to all 100 Senate chiefs of staff Mondayevening, Steering Committee Chief of Staff Bret Bernhardt warnedthat DeMint would place a hold on any legislation that had not beenhot-lined or been cleared by his office before the close of businessTuesday.

In my "travels" (like, two of them) speaking on the need for Senate rules reform, I'moften asked what it would mean to have eliminated or curtailed the filibuster ifRepublicans took the majority. And I usually answer that it's pretty unlikely that aTeabagger-infused Republican rank-and-file would stand for the "we don't have thevotes" excuse, reminding people that the Mitch McConnell-led Republican Senate is apossibility long gone and that the next Republican Senate will be a Jim DeMintSenate.

I probably should have added that we're already living with one.

But the question most likely on your mind right now is, "Why do Harry Reid and MitchMcConnell hand over the keys to DeMint?"

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And the answer is: time.

Let's say Reid wants to ignore DeMint's demands, and run the Senate his way. Firsthe begins on the path to passing one of these "hotlined" bills by asking unanimousconsent to bring it up for consideration on the Senate floor. DeMint objects. RoundOne is now over, and DeMint wins.

Round Two: Reid makes a motion to proceed to the measure DeMint objects to.DeMint filibusters. Reid files a cloture petition. But cloture can't be voted on until thepassage of a full calendar day after the day on which the petition is filed. So that's twodays of Senate time wasted right there, even if cloture passes 99-1. Round Two isnow over, and DeMint wins, because that's two days spent on debating whether ornot to end debate on the question of whether or not to begin debate on this thing thatDeMint objects to. And mind you, it's probably the naming of a post office, not the taxbill you'd rather be spending those two days on.

Round Three: The cloture motion passes 99-1. Senate rules, however, provide for upto 30 hours of post-cloture debate. And because it's in the political interest ofRepublicans to waste as much time in a Democratic Senate as possible, DeMint'sallies help him eat that time up. Round Three is now over, and DeMint wins, becauseanother day and a half is wasted debating the already decided question of whether ornot to end debate on the question of whether or not to begin debate on the bill.

Round Four: Debate finally begins on this thing that DeMint objected to. DeMintfilibusters again. Reid files another cloture petition, but once again has to waste twodays before being allowed to vote on it. DeMint wins.

Round Five: Two days after filing for cloture, the cloture vote is held, and it passes99-1. But again, there are up to 30 more post-cloture hours to kill, which can't bespent debating the tax bill. DeMint wins.

Round Six: A vote is finally held on naming that post office, and it passes 100-0!Everybody loved that bill after all! Reid "wins!"

Approximate time elapsed: Eight days.* Only 375 more bills passed by the House butuntouched by the Senate to go!

So, anyone for some Senate rules reform? Or do we think Chancellor DeMint isn'tgoing to pull this ladder up behind him if the roles are reversed?

* UPDATE: (Assuming a Monday cloture filing, "normal" workinghours, and no weekend session.)

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Today in Congressby David WaldmanTue Sep 28, 2010 at 06:00:03 AM PDT


FLOOR SCHEDULE FOR TUESDAY, SEPTEMBER 28,2010

House Meets At... 10:30 a.m.: Morning Hour 12:00 p.m.: Legislative Business First Vote Predicted... No Votes Expected Last Vote Predicted... No Votes Expected

"One Minutes"


1. H.Res. 1605 - Recognizing the service of the medical andair crews in helping our wounded warriors make theexpeditious and safe trip home to the United States andcommending the personnel of the Air Force for theircommitment to the well-being of all our service men andwomen (Rep. Thompson (CA) - Armed Services)

2. H.Con.Res. 319 - Recognizing the anniversary of thetragic shootings that occurred at Fort Hood, Texas, onNovember 5, 2009 (Rep. Carter - Armed Services)

3. H.Res. 1630 - Expressing support for National POW/MIARecognition Day (Rep. Lipinski - Armed Services)

4. H.Res. 1378 - Condemning the theft from the MojaveNational Preserve of the national Mojave Cross memorialhonoring American soldiers who died in World War I (Rep.Lewis (CA) - Natural Resources)

5. H.Res. 1636 - Celebrating the 75th anniversary of theHoover Dam (Rep. Napolitano - Natural Resources)

6. Senate Amendment to H.R. 714 - To authorize the

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Secretary of the Interior to lease certain lands in VirginIslands National Park (Rep. Christensen - NaturalResources)

7. H.R. 5360 - Blinded Veterans Adaptive HousingImprovement Act of 2010 (Rep. Herseth Sandlin - Veterans'Affairs)

8. H.R. 6132 - Veterans Benefits and Economic WelfareImprovement Act of 2010 (Rep. Filner - Veterans' Affairs)


10. H.R. 3787 - To amend title 38, United States Code, todeem certain service in the reserve components as activeservice for purposes of laws administered by the Secretary ofVeterans Affairs (Rep. Walz - Veterans' Affairs)

11. H.R. 5630 - To amend title 38, United States Code, toprovide for qualifications for vocational rehabilitationcounselors and vocational rehabilitation employmentcoordinators employed by the Department of Veterans Affairs(Rep. Boozman - Veterans' Affairs)






17. H.R. 6026 - Access to Congressionally Mandated ReportsAct (Rep. Driehaus - Oversight and Government Reform)






23. H.Res. 1617 - Supporting the goals and purpose of GoldStar Mothers Day, which is observed on the last Sunday inSeptember of each year in remembrance of the supremesacrifice made by mothers who lose a son or daughterserving in the Armed Forces (Rep. Roskam - Oversight andGovernment Reform)



26. S. 3196 - Pre-Election Presidential Transition Act of 2010(Sen. Kaufman - Oversight and Government Reform)

27. H.R. __ - To authorize the transfer of naval vessels tocertain foreign recipients (Rep. Berman - Foreign Affairs)

28. H.Res. 1326 - Calling on the Government of Japan toimmediately address the growing problem of abduction toand retention of United States citizen minor children in

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Japan, to work closely with the Government of the UnitedStates to return these children to their custodial parent or tothe original jurisdiction for a custody determination in theUnited States, to provide left-behind parents immediateaccess to their children, and to adopt without delay the 1980Hague Convention on the Civil Aspects of International ChildAbduction (Rep. Moran (VA) - Foreign Affairs)

29. H.Res. 1631 - Calling for the protection of religious sitesand artifacts from and in Turkish-occupied areas of northernCyprus as well as for general respect for religious freedom(Rep. Bilirakis - Foreign Affairs)

30. H.Res. 1588 - Expressing the sense of the House ofRepresentatives on the importance of the full implementationof the Comprehensive Peace Agreement to help ensurepeace and stability in Sudan during and after mandatedreferenda (Rep. Capuano - Foreign Affairs)

31. H.Res. __ - Honoring the lives of the brave and selfless aidworkers, doctors, and nurses who died in the tragic attack ofAugust 5, 2010, in northern Afghanistan (Rep. Pitts - ForeignAffairs)

32. H.Res. __ - Expressing support for the 33 trapped Chileanminers following the Copiapo mining disaster and theGovernment of Chile as it works to rescue the miners andreunite them with their families (Rep. Mack - Foreign Affairs)

33. H.Res. __ - Expressing support for the goals and ideals ofthe Inaugural USA Science and Engineering Festival inWashington, D.C. (Rep. Bilbray - Science and Technology)

34. H.Res. 1421 - Recognizing the 40th anniversary of theApollo 13 mission and the heroic actions of both the crewand those working at mission control in Houston, Texas, forbringing the three astronauts, Fred Haise, Jim Lovell, andJack Swigert, home to Earth safely (Rep. Poe - Science andTechnology)

35. H.R. 6160 - Rare Earths and Critical MaterialsRevitalization Act of 2010 (Rep. Dahlkemper - Science andTechnology)

36. H.R. 6200 - WIPA and PABSS Extension Act of 2010 (Rep.Pomeroy - Ways and Means)

37. H.R. 4337 - Regulated Investment Company ModernizationAct (Rep. Rangel - Ways and Means)

38. H.R. 4168 - Algae-based Renewable Fuel Promotion Act(Rep. Teague - Ways and Means)

39. Senate Amendment to H.R. 3980 - RedundancyElimination and Enhanced Performance for PreparednessGrants Act (Rep. Cuellar - Homeland Security)

40. Senate Amendment to H.R. 553 - Reducing Over-Classification Act (Rep. Harman - Homeland Security)

41. H.R. 5458 - Christopher Bryski Student Loan Protection Act(Rep. Adler - Financial Services)


43. H.R. __ - To amend the Small Business Jobs Act of 2010 toinclude certain construction and land development loans inthe definition of small business lending (Rep. Miller (NC) -Financial Services)

44. H.R. 6058 - Wounded Warrior and Military SurvivorHousing Assistance Act of 2010 (Rep. Paulsen - FinancialServices)


46. H.Con.Res. __ - Recognizing the goals and ideals of sicklecell disease awareness month (Rep. Fudge - Education andLabor)

47. H.Res. 1637 - Supporting the goals and ideals of NationalDomestic Violence Awareness Month 2010 and expressingthe sense of the House of Representatives that Congressshould continue to raise awareness of domestic violence inthe United States and its devastating effects on families andcommunities, and support programs and practices designedto prevent and end domestic violence (Rep. Poe - Educationand Labor)

48. H.Res. 1645 - Expressing support for designation of theweek beginning on November 8, 2010, as National SchoolPsychology Week (Rep. Loebsack - Education and Labor)

49. House Amendment to S. 3839 - Providing for anadditional temporary extension of programs under the SmallBusiness Act and the Small Business Investment Act of 1958(Sen. Landrieu - Small Business)

50. H.Res. 1639 - Recognizing the contributions of the

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National Waterways Conference on the occasion of its 50thanniversary (Rep. Hare - Transportation and Infrastructure)

51. H.R. 4387 - To designate the Federal building located at100 North Palafox Street in Pensacola, Florida, as the"Winston E. Arnow Federal Building" (Rep. Miller (FL) -Transportation and Infrastructure)

52. H.R. 5591 - To designate the facility of the Federal AviationAdministration located at Spokane International Airport inSpokane, Washington, as the "Ray Daves Air Traffic ControlTower" (Rep. McMorris Rodgers - Transportation andInfrastructure)

53. H.R. 4714 - National Transportation Safety BoardReauthorization Act of 2010 (Rep. Oberstar - Transportationand Infrastructure)

54. H.R. 6008 - CLEAN Act (Rep. Schauer - Transportationand Infrastructure)

55. H.R. 3427 - State Ethics Law Protection Act (Rep. Quigley -Transportation and Infrastructure)

56. H.R. 3960 - Residential and Commuter Toll Fairness Act(Rep. McMahon - Transportation and Infrastructure)

57. H.R. 6016 - Audit the BP Fund Act of 2010 (Rep. Brady(TX) - Transportation and Infrastructure)

58. H.Res. __ - Providing for passage of the bill (HouseAmendment to the Senate Amendment to H.R. 3619 ) - CoastGuard Authorization Act of 2010 (Rep. Oberstar -Transportation and Infrastructure)

59. H.Res. 1646 - Recognizing the commitment and effortsmade by the Library of Congress to promote the joy ofreading through the sponsorship of the National BookFestival (Rep. Lungren - House Administration)


61. H.R. 5717 - Smithsonian Conservation Biology InstituteEnhancement Act (Rep. Becerra - House Administration)

62. H.R. 6198 - To amend title 11 of the United States Code tomake technical corrections; and for related purposes (Rep.Conyers - Judiciary)

63. H.R. 4113 - Federal Courts Jurisdiction and VenueClarification Act (Rep. Smith (TX) - Judiciary)

64. H.R. 5932 - Organized Retail Theft Investigation andProsecution Act of 2010 (Rep. Scott (VA) - Judiciary)

65. S. 3304 - Equal Access to 21st Century CommunicationsAct (Sen. Pryor - Energy and Commerce)

66. S. 3828 - Making technical corrections in the Twenty-FirstCentury Communications and Video Accessibility Act of 2010and the amendments made by that Act. (Sen. Pryor - Energyand Commerce)



69. H.R. 5354 - GEDI Act (Rep. Engel - Energy andCommerce)

70. H.R. 2818 - Methamphetamine Education, Treatment, andHope Act (Rep. McNerney - Energy and Commerce)

71. H.Res. 1485 - Expressing support for designation ofSeptember 2010 as "National Prostate Cancer AwarenessMonth" (Rep. Neugebauer - Energy and Commerce)

72. H.R. 6012 - To direct the Secretary of Health and HumanServices to review uptake and utilization of diabetesscreening benefits and establish an outreach program withrespect to such benefits (Rep. Space - Energy andCommerce)

73. H.R. 1362 - National MS and Parkinson's DiseaseRegistries Act (Rep. Van Hollen - Energy and Commerce)

74. H.R. 6081 - Stem Cell Therapeutic and ResearchReauthorization Act of 2010 (Rep. Young (FL) - Energy andCommerce)

75. H.Res. 1226 - Commending EyeCare America for its workover the last 25 years (Rep. Gene Green - Energy andCommerce)

76. H.R. 1032 - Heart Disease Education, Analysis Research,and Treatment for Women Act (Rep. Capps - Energy andCommerce)

77. H.R. 2408 - Scleroderma Research and Awareness Act(Rep. Capps - Energy and Commerce)

78. H.R. 5986 - Neglected Infections of ImpoverishedAmericans Act of 2010 (Rep. Johnson (GA) - Energy andCommerce)

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79. H.R. 1995 - Eliminating Disparities in Diabetes PreventionAccess and Care Act (Rep. DeGette - Energy andCommerce)

80. H.R. 1230 - Bone Marrow Failure Disease Research andTreatment Act (Rep. Matsui - Energy and Commerce)

81. H.R. 1347 - Concussion Treatment and Care Tools Act(Rep. Pascrell - Energy and Commerce)


83. H.R. 5462 - Birth Defects Prevention, Risk Reduction, andAwareness Act of 2010 (Rep. DeLauro - Energy andCommerce)

84. H.R. 1210 - Arthritis Prevention, Control, and Cure Act(Rep. Eshoo - Energy and Commerce)

85. H.R. 903 - Dental Emergency Responder Act (Rep. Stupak- Energy and Commerce)




Convenes: 10:00am

Morning Business until 11:10am with Senators permitted to speakfor up to 10 minutes each therein, during which Senators may maketributes to the late Senator Ted Stevens.

At 11:10am, there will be 20 minutes of debate prior to a roll callvote on the motion to invoke cloture on the motion to proceed toS.3816, with the time equally divided and controlled between thetwo Leaders or their designees.

At 11:30am, the Senate will proceed to a roll call vote on the motionto invoke cloture on the motion to proceed to S.3816. If cloture isnot invoked, a second roll call vote will occur immediately on themotion to invoke cloture on the motion to proceed to H.R.3081, thelegislative vehicle for the continuing resolution.

For the information of all Senators, former Senator Stevens will belaid to rest at Arlington National Cemetery. Buses will depart theSenate steps at 12:15pm.

O. M. F. G.

Again, all I can do is apologize. I seriously considered putting the House schedulebelow the fold today, but let's face it, just saying that the House is scheduled to try torun through EIGHTY-FIVE suspension bills today would never have gotten yourattention.

What the hell is going on? Basically, this is a mad rush to clear out the attic ofwhatever can be disposed of before everyone goes home to stand for election. Sothey'll cram in as many of these as they can before coming around to the thing theyreally have to pass before they leave: the continuing resolution.

And that's all I have to say about that, to borrow a phrase.

On the Senate side... a cloture vote! And it's the cloture vote on the motion toproceed to the anti-offshoreing bill. The one Harry Reid insisted on a live quorum callfor last night. Because... uh... hmm. Well, look, the point is, there's gonna be anothercloture vote. And then probably another one after that. And then after that,Chancellor DeMint says he's not going to permit any other legislation to beconsidered for the rest of the 111th Congress, unless he likes it.

Traditionally, the Senate passes noncontroversial measures byunanimous consent at the end of most workdays, a process knownas hot-lining. DeMint, Sen. Tom Coburn (R-Okla.) and others havefought against the practice for years and have dedicated staffmembers to reviewing bills that are to be hot-lined.

As a result, Senate Majority Leader Harry Reid (D-Nev.) andMinority Leader Mitch McConnell (R-Ky.) have generally givenDeMint, Coburn and others time to review legislation before

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proceeding with unanimous consent agreements.

But in a terse e-mail sent to all 100 Senate chiefs of staff Mondayevening, Steering Committee Chief of Staff Bret Bernhardt warnedthat DeMint would place a hold on any legislation that had not beenhot-lined or been cleared by his office before the close of businessTuesday.

So, that's nice.

As a bipartisan compromise, perhaps Senators can agree to simply not even try toconsider anything else this year, plus each of them will give themselves an AtomicWedgie.

I could go on at great length about all this, but you've already scrolled enough today,only to find out that nothing's going on. So I'll end by noting that today's committeeschedule appears below the fold. Though at this point, the schedule was probablyamong the shorter items I had for you. Sorry!


Today in Congressby David WaldmanMon Sep 27, 2010 at 06:02:23 AM PDT


First Vote of the Week... Wednesday 10:00 a.m. Last Vote Predicted... ???

MONDAY, SEPTEMBER 27, 2010 On Monday, no votes are expected in the House.

TUESDAY, SEPTEMBER 28, 2010 On Tuesday, the House will meet at 10:30 a.m. for Morning Hourdebate and 12:00 p.m. for legislative business. No votes areexpected in the House, which is a change to the previouslyannounced schedule.


1. H.Res. 1630 - Expressing support for National POW/MIARecognition Day (Rep. Lipinski - Armed Services)

2. H.Con.Res. 319 - Recognizing the anniversary of thetragic shootings that occurred at Fort Hood, Texas, onNovember 5, 2009 (Rep. Carter - Armed Services)

3. H.Res. 1605 - Recognizing the service of the medical andair crews in helping our wounded warriors make theexpeditious and safe trip home to the United States andcommending the personnel of the Air Force for theircommitment to the well-being of all our service men andwomen (Rep. Thompson (CA) - Armed Services)


5. H.R. 5360 - Blinded Veterans Adaptive HousingImprovement Act of 2010 (Rep. Herseth Sandlin - Veterans'Affairs)

6. H.R. 6132 - Veterans Benefits and Economic WelfareImprovement Act of 2010 (Rep. Filner - Veterans' Affairs)


8. H.R. 3787 - To amend title 38, United States Code, todeem certain service in the reserve components as activeservice for purposes of laws administered by the Secretary ofVeterans Affairs (Rep. Walz - Veterans' Affairs)

9. H.R. 5630 - To amend title 38, United States Code, toprovide for qualifications for vocational rehabilitationcounselors and vocational rehabilitation employmentcoordinators employed by the Department of Veterans Affairs(Rep. Boozman - Veterans' Affairs)

10. H.R. 5458 - Christopher Bryski Student Loan Protection Act(Rep. Adler - Financial Services)


12. H.R. __ - To amend the Small Business Jobs Act of 2010 to

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include certain construction and land development loans inthe definition of small business lending (Rep. Miller (NC) -Financial Services)

13. H.R. 6058 - Wounded Warrior and Military SurvivorHousing Assistance Act of 2010 (Rep. Paulsen - FinancialServices)

14. H.Res. 1631 - Calling for the protection of religious sitesand artifacts from and in Turkish-occupied areas of northernCyprus as well as for general respect for religious freedom(Rep. Bilirakis - Foreign Affairs)

15. H.Res. 1326 - Calling on the Government of Japan toimmediately address the growing problem of abduction toand retention of United States citizen minor children inJapan, to work closely with the Government of the UnitedStates to return these children to their custodial parent or tothe original jurisdiction for a custody determination in theUnited States, to provide left-behind parents immediateaccess to their children, and to adopt without delay the 1980Hague Convention on the Civil Aspects of International ChildAbduction (Rep. Moran (VA) - Foreign Affairs)

16. H.Res. 1588 - Expressing the sense of the House ofRepresentatives on the importance of the full implementationof the Comprehensive Peace Agreement to help ensurepeace and stability in Sudan during and after mandatedreferenda (Rep. Capuano - Foreign Affairs)

17. H.Res. __ - Honoring the lives of the brave and selfless aidworkers, doctors, and nurses who died in the tragic attack ofAugust 5, 2010, in northern Afghanistan (Rep. Pitts - ForeignAffairs)

18. S. 3304 - Equal Access to 21st Century CommunicationsAct (Sen. Pryor - Energy and Commerce)

19. S. 3828 - Making technical corrections in the Twenty-FirstCentury Communications and Video Accessibility Act of 2010and the amendments made by that Act. (Sen. Pryor - Energyand Commerce)




23. H.R. 5354 - GEDI Act (Rep. Engel - Energy andCommerce)

24. H.R. 2818 - Methamphetamine Education, Treatment, andHope Act (Rep. McNerney - Energy and Commerce)

25. H.Res. 1485 - Expressing support for designation ofSeptember 2010 as "National Prostate Cancer AwarenessMonth" (Rep. Neugebauer - Energy and Commerce)

26. H.R. 6012 - To direct the Secretary of Health and HumanServices to review uptake and utilization of diabetesscreening benefits and establish an outreach program withrespect to such benefits (Rep. Space - Energy andCommerce)

27. H.R. 1362 - National MS and Parkinson's DiseaseRegistries Act (Rep. Van Hollen - Energy and Commerce)

28. H.R. 6081 - Stem Cell Therapeutic and ResearchReauthorization Act of 2010 (Rep. Young (FL) - Energy andCommerce)

29. H.R. 6160 - Rare Earths and Critical MaterialsRevitalization Act of 2010 (Rep. Dahlkemper - Science andTechnology)

30. H.Res. 1639 - Recognizing the contributions of theNational Waterways Conference on the occasion of its 50thanniversary (Rep. Hare - Transportation and Infrastructure)




34. H.R. 4714 - National Transportation Safety BoardReauthorization Act of 2010 (Rep. Oberstar - Transportation

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and Infrastructure)35. H.R. 3427 - State Ethics Law Protection Act (Rep. Quigley -

Transportation and Infrastructure)36. H.R. 6008 - CLEAN Act (Rep. Schauer - Transportation

and Infrastructure)37. H.R. 6016 - Audit the BP Fund Act of 2010 (Rep. Brady

(TX) - Transportation and Infrastructure)38. H.R. 6200 - WIPA and PABSS Extension Act of 2010 (Rep.

Pomeroy - Ways and Means)39. H.R. 4337 - Regulated Investment Company Modernization

Act (Rep. Rangel - Ways and Means)40. Senate Amendment to H.R. 3980 - Redundancy

Elimination and Enhanced Performance for PreparednessGrants Act (Rep. Cuellar - Homeland Security)

41. H.Con.Res. __ - Recognizing the goals and ideals of sicklecell disease awareness month (Rep. Fudge - Education andLabor)

42. H.Res. 1637 - Supporting the goals and ideals of NationalDomestic Violence Awareness Month 2010 and expressingthe sense of the House of Representatives that Congressshould continue to raise awareness of domestic violence inthe United States and its devastating effects on families andcommunities, and support programs and practices designedto prevent and end domestic violence (Rep. Poe - Educationand Labor)

43. H.Res. 1645 - Expressing support for designation of theweek beginning on November 8, 2010, as National SchoolPsychology Week (Rep. Loebsack - Education and Labor)






49. H.R. 6026 - Access to Congressionally Mandated ReportsAct (Rep. Driehaus - Oversight and Government Reform)






55. H.Res. 1617 - Supporting the goals and purpose of GoldStar Mothers Day, which is observed on the last Sunday inSeptember of each year in remembrance of the supremesacrifice made by mothers who lose a son or daughterserving in the Armed Forces (Rep. Roskam - Oversight andGovernment Reform)



58. H.Res. 1646 - Recognizing the commitment and efforts

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made by the Library of Congress to promote the joy ofreading through the sponsorship of the National BookFestival (Rep. Lungren - House Administration)


60. H.Res. 1378 - Condemning the theft from the MojaveNational Preserve of the national Mojave Cross memorialhonoring American soldiers who died in World War I (Rep.Lewis (CA) - Natural Resources)

61. H.Res. 1636 - Celebrating the 75th anniversary of theHoover Dam. (Rep. Napolitano - Natural Resources)

62. H.R. 6198 - To amend title 11 of the United States Code tomake technical corrections; and for related purposes (Rep.Conyers - Judiciary)


WEDNESDAY, SEPTEMBER 29, 2010 AND THEBALANCE OF THE WEEK On Wednesday the House will meet at 10:00 a.m. for legislativebusiness with votes occurring as early as 10:00 a.m. On Thursday,the House will meet at 10:00 a.m. for legislative business with votespossible. On Friday, no votes are expected in the House.

H.R. 847 - James Zadroga 9/11 Health and Compensation Act(Rep. Maloney - Energy and Commerce) (Subject to a Rule)

H.R. 2378 - Currency Reform for Fair Trade Act (Rep. Ryan (OH) Ways and Means) (Subject to a Rule)

Senate Amendment to H.R. 3081 - Making Further ContinuingAppropriations for Fiscal Year 2011 (Rep. Obey Appropriations)(Subject to a Rule)




Convenes: 2pm

Morning business until 3pm with Senators permitted to speak for upto 10 minutes each.

Following morning business, the Senate will resume consideration ofthe motion to proceed to Calendar #578, S.3816, a bill to createAmerican jobs and to prevent the offshoring of such jobs.

Senators should expect a live quorum at approximately 7pm onMonday.

First, let me apologize for killing your scrolling finger with the House schedule. I'mreally sorry, but there's no better way to visually (and in a sense, physically) representwhat's happening on the floor than to make you scroll through it.

This may be the last week the House is in session before the elections. So, sixty-threesuspensions! I don't see the tax bill among them, though it was once rumored that itmight come to the floor under suspension of the rules in an attempt to avoid anymotions to recommit. Why would that be a problem? I explained it here. Undersuspension of the rules, there can't be any motion to recommit, but the downside isthat you need a 2/3 vote to pass. Anyone who thinks Republicans aren't crazy enoughto vote against a tax cut for everyone but the top 1% of earners doesn't know whowe're dealing with.

If you don't agree, consider this: After making their way through the 63, maybe 64,suspensions, what else is on tap? Well, it's the 9/11 first responders health claimscompensation bill. You remember, the one that failed under suspension of the rulesback in July, because Republicans refused to vote for it, saying it created a newentitlement program.

Yeah.

After the 9/11 vote, the Currency Reform for Fair Trade Act. What is it? Just sohappens I have something that can explain it to you in 90 seconds:

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You're looking at the first in a series of "90 Second Summaries" coming out ofMainStreetInsider.org. More about them later in the week, when I have moreroom.

Final item on the House schedule for the week: funding the entire federal governmentin a single bill.

What? The new fiscal year begins on Friday, and the Congress has passed exactlyzero of its 12 annual appropriations bills. Why? Well, quite frankly, the Senatewouldn't have been able to pass one even if they'd tried. Republicans, you'll recall, arealready openly campaigning on the promise of a government shutdown, so why wouldthey let appropriations bills through now? Why wait for the election to give the GOP amajority in the Senate when all it takes is 41?

What will the Senate be doing? Debating whether or not to debate the "CreatingAmerican Jobs and Ending Offshoring Act." Hey, personally, I think they shoulddebate it. But what do I know? Maybe it's really smart and what the Foundersintended to insist that 60% of the Senate has to agree to end debate on whether ornot to begin debate before they can actually begin that debate.

I'll go out on a limb and predict that there are 100 votes for creating American Jobsand 100 votes for ending offshoring (well, maybe 80 on that one), but oh... let's say59 for ending debate on whether or not to start debate on doing both at the sametime, so long as that same time is right now.

But I'm sure if we all just work really hard on it, we can get past all this silliness with alittle bipartisanship next year.

This week's committee schedule appears below. So far as I know, there are noinappropriate witnesses who will damage the integrity of the Congress scheduled tosend viewership and engagement through the roof embarrass America.


Today in Congressby David WaldmanFri Sep 24, 2010 at 06:12:20 AM PDT

In the House:

The House is in pro forma session today. No votes are expected. But apparently theMajority Leader's Office doesn't feel that's necessary to tell you, so I'm telling youmyself.


Convenes: 9:30am

Morning business with senators permitted to speak for up to 10minutes each.

There will be no roll call votes during Fridays session.

There's nothing going on. The Senate isn't able to pass anything, so everybody goeshome. They'll be back next week to not pass anything, and then they'll go home for

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even longer. I guess if you've been watching the House pass boatloads ofsuspensions bills for weeks on end, and watching the Senate spend weeks onmotions to proceed, that comes as no surprise to you.

This whole thing has a very unusual feel to it. It's nearing the time when you'd expectthe Congress to wrap up its work in advance of the elections, but rather than seeing aflurry of activity before the break, we're seeing them scramble and cast about forthings with which to occupy their time. And then... just stopping.

If you ask me, I'd tell you that the unprecedented use of the filibuster as a political toolhas simply rendered the Senate inoperable. Yes, the filibuster has always been a"political" tool, but I've never seen it used to simply derail an entire agenda, withcloture votes being forced on motions to proceed on bills to which no objections havebeen publicly raised, or on nominations which are approved 99-0 once the filibuster isbroken. This is a complete train wreck.

A few committees will hang around to meet today, and if you're looking for a littleentertainment, you might be interested in today's House Judiciary Subcommittee onImmigration, Citizenship, Refugees, Border Security, and International Law's hearing.The subject: Protecting America's Harvest. The witness: Stephen Colbert. Watchthe hearing online, starting at 9:30 a.m., here.

Why? In case you missed it (as I did), catch yourself up.

Today's "full" committee schedule:

Capitol Hill Events

Today Thursday, October7 Print

Week

Month

Agenda

Showing events until 11/15. Look for more

Showing events after 10/7. Look for earlier events


Procedural nitpick of the dayby David WaldmanThu Sep 23, 2010 at 07:12:54 AM PDT

Politico:

Having failed cloture once, the campaign bill only requires a lessstrict "motion to recommit" from Reid to call another cloture vote.New legislation likely would need 30 hours after being filed, 30 hoursthe Senate doesnt have.

It's not a motion to recommit. It's a motion to reconsider. Not only that, but it's amotion to reconsider a vote on cloture on a motion to proceed. We're miles away fromthe motion to recommit, which comes at the very end of debate on a bill. We haven'teven gotten to the end of the debate on whether to begin the debate on the bill.

And the reference to 30 hours? The 30 hour clock is post-cloture time, not how long ittakes for a cloture motion to ripen. It can be close to 30 hours, and accuratelydescribing the minimum time lapse for ripening a cloture motion is a pain in the neck.But the 30 hour clock has nothing to do with it.

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How much time has to pass between the filing of a cloture motion and a vote on thatmotion? One full calendar day must pass in between the day on which you file themotion and the day on which the vote is held. So that's at least 24 hours right there.Then, you've got to wait an hour into the session on the day you get to vote. So that'sat least 25 hours. Close to 30, obviously. And depending on what time of day you filethe motion and what time the session begins on the day you vote, it can end up being30 hours on the nose, but only by coincidence.

What's "less strict" about reconsideration? Only that there's no ripening period for it.That's a time saver, of course, and that's what the Politico article was trying to get at.Moving on to a different matter other than the DISCLOSE Act would have required amotion to proceed to that different matter, and presumably a cloture motion on thatmotion to proceed.

Although now that I think about it, since the cloture vote on the motion to proceed toDISCLOSE is expected to fail, which would mean the bill itself won't actually come upfor debate, then really, what's the difference? You could just as easily make a motionto proceed to anything at all and get the same result: time on the floor is occupied, butno motion to proceed is actually approved. The difference, then, is that withDISCLOSE, you can actually squeeze in a vote before the weekend, whereas if youtried some other bill, you could waste time just as easily, but you'd have had to file acloture motion on Wednesday in order to get yourself a vote to lose on Friday. And ifyou didn't file on Wednesday, you'd have to wait around until Saturday. So nothingchanges, and nothing moves forward. But with a motion to reconsider, you get a votethis week. With cloture, you might not. So if your goal is to produce roll call votes(even if they lose), then that's what you'd do.

It's not a horrible error in the Politico. But it's just another example of how therestrictions of time, column space, and background procedural knowledge in thetraditional media occasionally rob you of a fuller understanding of what's going on.


Today in Congressby David WaldmanThu Sep 23, 2010 at 06:00:03 AM PDT


FLOOR SCHEDULE FOR THURSDAY, SEPTEMBER 23,2010

House Meets At... 10:00 a.m.: Legislative Business First Vote Predicted... 12:00 1:00 p.m. Last Vote Predicted... 3:00 4:00 p.m.


Senate Amendment to H.R. 5297 - Small Business LendingFund Act of 2010 (Rep. Frank Financial Services) (Subject to aRule)


1. S. 1674 - Improving Access to Clinical Trials Act of 2010(Sen. Wyden - Ways and Means)

2. H.R. __ - Airport and Airways Extension Act of 2010 (Rep.Levin - Ways and Means)

3. H.R. 5307 - To include ultralight aircraft under the definitionof aircraft for purposes of the aviation smuggling provisionsunder that Act (Rep. Giffords - Ways and Means)

4. H.R. __ - Renewing the Authority of the Secretary of Healthand Human Services to Approve Demonstration ProjectsDesigned to Test Innovative Strategies in State Child WelfarePrograms (Rep. McDermott - Ways and Means)

5. H.Res. 1560 - Supporting the increased understanding of,and interest in, computer science and computing careersamong the public and in schools, and to ensure an ampleand diverse future technology workforce through thedesignation of National Computer Science Education Week(Rep. Ehlers - Education and Labor)

6. H.Res. 1582 - Honoring and saluting Americans for theArts on its 50th anniversary (Rep. Slaughter - Education andLabor)

7. H.Res. 1545 - Expressing support for designation of theweek beginning on the third Monday in September as"National Postdoc Appreciation Week" (Rep. Stearns -Education and Labor)

8. S. 3814 - National Flood Insurance Program ReextensionAct of 2010 (Sen. Vitter - Financial Services)

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9. S. 3717 - Amending the Securities Exchange Act of 1934,the Investment Company Act of 1940, and the InvestmentAdvisers Act of 1940 to provide for certain disclosures undersection 552 of title 5, United States Code (Sen. Leahy Financial Services)

10. S. 1055 - To grant the congressional gold medal,collectively, to the 100th Infantry Battalion and the 442ndRegimental Combat Team, United States Army, inrecognition of their dedicated service during World War II(Sen. Boxer - Financial Services)

11. S. 846 - To award a congressional gold medal to Dr.Muhammad Yunus, in recognition of his contributions to thefight against global poverty (Sen. Durbin - Financial Services)

12. Senate Amendment to H.R. 1517 - To allow certainU.S. Customs and Border Protection employees who serveunder an overseas limited appointment for at least 2 years,and whose service is rated fully successful or higherthroughout that time, to be converted to a permanentappointment in the competitive service (Rep. Engel -Homeland Security)

13. H.Res. 1618 - Urging the Federal Government, States,localities, schools, nonprofit organizations, businesses, otherentities, and the people of the United States to observeNational Preparedness Month (Rep. Thompson (MS) -Homeland Security)




17. H.R. 5264 - Department of Justice AppropriationsAuthorization Act (Rep. Conyers - Judiciary)





22. H.R. 4714 - National Transportation Safety BoardReauthorization Act of 2010 (Rep. Oberstar - Transportationand Infrastructure)

23. H.R. 3427 - State Ethics Law Protection Act (Rep. Quigley -Transportation and Infrastructure)

24. H.R. 6008 - CLEAN Act (Rep. Schauer - Transportationand Infrastructure)

Dispose of H.Res. __ - Raising a question of privileges of theHouse (Rep. Price (GA) Privileged Resolution)

Postponed Suspension (6 Bills)

1. H.R. 5110 - Casa Grande Ruins National MonumentBoundary Modification Act of 2010 (Rep. Kirkpatrick - NaturalResources)

2. H.R. 4823 - Sedona-Red Rock National Scenic Area Act of2010 (Rep. Kirkpatrick - Natural Resources)

3. H.R. 5756 - Training and Research for AutismImprovements Nationwide Act (Rep. Doyle - Energy andCommerce)

4. H.R. 3199 - Emergency Medic Transition (EMT) Act (Rep.Harman - Energy and Commerce)

5. H.R. 1745 - Family Health Care Accessibility Act (Rep. TimMurphy - Energy and Commerce)

6. H.R. 5710 - National All Schedules Prescription ElectronicReporting Reauthorization Act of 2010 (Rep. Whitfield -Energy and Commerce)


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Convenes: 9:30am

Morning business until 10:30am with Senators permitted to speaktherein for up to 10 minutes each, with the Republicans controllingthe first half and the Majority controlling the final half.

Following morning business, the Senate will proceed to theconsideration of S.J.Res.30, a joint resolution of disapprovalregarding the National Mediation Board with up to 2 hours of debatewith the time equally divided and controlled between SenatorsHarkin and Isakson.

At approximately 12:30pm, the Senate will conduct a roll call vote onthe motion to proceed to S.J.Res.30 [link].

Upon disposition of S.J.Res.30, the Senate will proceed toconsideration of the motion to proceed to S.3628, the DISCLOSEAct with the time until 2:15pm equally divided and controlledbetween the two Leaders or their designees. At approximately2:15pm, the Senate will conduct a roll call vote on the motion toinvoke cloture on the motion to proceed to S.3628.

Twenty-four new suspensions, and six suspension votes held over from yesterday.That's a big day. And they're not even going to start voting until the afternoon, sincethe leadership has agreed to let the Republicans go on their field trip to launch theirelection agenda in the morning.

Also thrown into the House mix for the day: dealing with the Senate amendments tothe Small Business Jobs bill, and disposing of something from Crazy Tom Price (R-GA-06), purporting to be a question of the privileges of the House. Price hasn't had alot of luck actually understanding what privileged resolutions really are and gettingthem ruled in order, and this one appears to be no exception. It's really just an excusefor him to read a litany of complaints into the record, and then mention theDeclaration of Independence and the Teabaggers, as a prelude to demanding thatthere be no lame duck session. This one, too, will likely just be ruled out of order, theruling will be appealed, and the appeal will be tabled.

On the Senate side, while the defense authorization bill's motion to proceedlanguishes in limbo, they'll move on to other business. First, a motion to proceed to a"resolution of disapproval" of a proposed rule promulgated by the National MediationBoard. Essentially, it's a rule about elections of union representation. The unionscovered by the NMB (rather than the National Labor Relations Board) wantcertification procedures closer to those used by the NLRB. The NMB agrees andwants to implement that, and Republicans disapprove. Surprise!

How does something like that make it to the floor under Democratic leadership? Well,the Congressional Review Act basically puts these resolutions of disapproval --essentially legislative vetoes of proposed executive agency administrative rules -- ona fast track that can't be blocked or filibustered. So there's really no way to stop themexcept to either defeat the motion to proceed and/or the resolution itself.

Oh, P.S., resolutions of disapproval are Joint Resolutions, which means they go tothe President for signature. Or veto.

Anyway, isn't that an amazing concept? The budget can't be filibustered because ofthe Budget Act that they passed in 1974. And reconciliation bills can't be filibusteredbecause of Budget Act amendments from the 80s. And resolutions of disapprovalcan't be filibustered because of the Congressional Review Act, which they passed in1996. What happened to that whole "200 year tradition of unlimited debate becausethat's the way the founders intended it" thing, yadda, yadda, yadda?

Answer: the Senate does what it wants, when it wants to. Including throwing out bitsand pieces of the supposedly immutable law of the filibuster.

Anyway, after that little bit of vindictiveness, they'll move on to a cloture vote on amotion to proceed on the DISCLOSE Act. That's the BANANAS Alert for today,and it stands for the Democracy is Strengthened by Casting Light on Spending inElections Act. Not awful, all things considered. I'll give it a 2. I've been softened upconsiderably by Christine O'Donnell's truly pukeworthy "Savior's Alliance for Lifting theTruth" (SALT). Lifting the truth? That's horrible. Consider that truth lifted. Way the Fup there, wherever you "lift" truth to. Damn, that's stupid!

Today's committee schedule appears below the fold. (Can someone get me anacronym that can substitute for that phrase?)

Congress Matters



Today in Congressby David WaldmanWed Sep 22, 2010 at 06:00:03 AM PDT


FLOOR SCHEDULE FOR WEDNESDAY, SEPTEMBER 22,2010

House Meets At... 2:00 p.m.: Legislative Business First Vote Predicted... 6:00 p.m. Last Vote Predicted... 6:30 p.m.



1. H.R. 4347- Department of the Interior Tribal Self-Governance Act (Rep. Boren - Natural Resources)

2. H.R. 5811 - To amend the Ysleta del Sur Pueblo andAlabama and Coushatta Indian Tribes of Texas RestorationAct to allow the Ysleta del Sur Pueblo Tribe to determineblood quantum requirement for membership in that tribe(Rep. Reyes - Natural Resources)

3. H.R. 5110 - Casa Grande Ruins National MonumentBoundary Modification Act of 2010 (Rep. Kirkpatrick - NaturalResources)

4. H.R. 4823 - Sedona-Red Rock National Scenic Area Act of2010 (Rep. Kirkpatrick - Natural Resources)

5. H.R. 4195 - To authorize the Peace Corps CommemorativeFoundation to establish a commemorative work in the Districtof Columbia and its environs (Rep. Farr - Natural Resources)

6. H.R. 5494 - To direct the Director of the National ParkService and the Secretary of the Interior to transfer certainproperties to the District of Columbia (Rep. Norton - NaturalResources)

7. H.R. 5131 - Coltsville National Historical Park Act (Rep.Larson - Natural Resources)

8. H.R. 5152 - Kennesaw Mountain National Battlefield ParkBoundary Adjustment Act of 2010 (Rep. Gingrey - NaturalResources)

9. H.R. 5194 - Mt. Andrea Lawrence Designation Act of 2010(Rep. McKeon - Natural Resources)

10. H.Con.Res. 294 - Commemorating the 75th Anniversary ofthe Blue Ridge Parkway (Rep. Perriello - Natural Resources)

11. H.Res. 1503 - Expressing support for the goals and idealsof National Estuaries Day (Rep. Castor - Natural Resources)

12. H.Res. 1508 - Celebrating the 200th Anniversary of JohnJames Audubon in Henderson, Kentucky (Rep. Whitfield -Natural Resources)

13. Senate Amendment to H.R. 1454 - MultinationalSpecies Conservation Funds Semipostal Stamp Act (Rep.Brown (SC) - Natural Resources)

14. H.R. 3470 - Nationally Enhancing the Wellbeing of Babiesthrough Outreach and Research Now Act (Rep. Cohen -Energy and Commerce)

15. H.R. 5756 - Training and Research for AutismImprovements Nationwide Act (Rep. Doyle - Energy andCommerce)

16. H.R. 2923 - Combat Methamphetamine Enhancement Act(Rep. Gordon - Energy and Commerce)

17. H.R. 3199 - Emergency Medic Transition (EMT) Act (Rep.Harman - Energy and Commerce)

18. H.R. 1745 - Family Health Care Accessibility Act (Rep. TimMurphy - Energy and Commerce)

19. H.R. 5710 - National All Schedules Prescription ElectronicReporting Reauthorization Act of 2010 (Rep. Whitfield -Energy and Commerce)

20. S. 2781 - Rosa's Law (Sen. Mikulski Energy andCommerce)

21. H.Res. 1433 - Expressing support for designation ofSeptember 2010 as Blood Cancer Awareness Month (Rep.Jones (NC) - Energy and Commerce)

22. H.R. 5809 - Safe Drug Disposal Act of 2010 (Rep. Inslee -Energy and Commerce)

23. H.R. 6130 - Strengthening Medicare Anti-Fraud Measures

Congress Matters


Act of 2010 (Rep. Stark Energy and Commerce/Ways andMeans)




Convenes: 9:30am

Following any Leader remarks, there will be a period of morningbusiness until 4:00pm, with senators permitted to speak therein forup to 10 minutes each. Following Leader remarks, the time until10:00am will be equally divided and controlled between the twoLeaders or their designees. The time from 10:00am to 4:00pm will becontrolled in 30-minute alternating blocks of time.

Following morning business, the Senate will resume consideration ofthe motion to proceed to S.3454, the Department of DefenseAuthorization bill.

Twenty-three suspensions. Wow, I sure do find myself making special note of howmany suspensions the House has on its schedule pretty frequently, don't I? And lookat some of these bill numbers! H.R. 6130? You don't see bills with numbers like thatget to the floor very often. But what else are you gonna do when the Senate can'tmove anything?

Well, I suppose you could always adjourn and not do anything. But they're not gonnado that, either. Though apparently they were contemplating it.

So it's another day of non-controversial measures for the House, and another dayspent "debating" whether or not to end debate on whether or not to begin debate onthe defense bill. Harry Reid, having switched his vote to the winning side (that is, the"no" side) on the cloture vote yesterday, has the right to call for the vote to bereconsidered. And, of course, he can continue to file for cloture on the motion toproceed, as well. But it's hard to see how things change or any votes move in thenext week or two, which means it's increasingly likely that we won't even get to anyvotes directly on the hot issues surrounding the bill before the elections. And ofcourse, we already know that Republicans oppose the very idea of consideringimportant matters during a lame duck session (except when they want to do itthemselves, that is).

That about sums it up. There's a today in Congress. But not much of one.

Maybe you can find something interesting in the committees, who are now largelyconsidering stuff they also won't have any real time to implement. Though there'salways the Senate Rules and Administration Committee, having yet another hearingon Senate rules reform, including the filibuster, at 10am. How about that?

Full committee schedule below the fold.


Today in Congressby David WaldmanTue Sep 21, 2010 at 06:00:03 AM PDT


TUESDAY, SEPTEMBER 21, 2010

On Tuesday, no votes are expected in the House, whichis a change to the previously announced schedule.


Convenes: 10:00am

Following any Leader remarks, there will be a period of morningbusiness until 11:00am. The Majority will control the first 30 minutesand the Republicans will control the final 30 minutes.

Congress Matters


At 11:00am, the Senate will resume the motion to proceed toS.3454, the Department of Defense Authorization bill, with the timeuntil 12:30pm equally divided and controlled between SenatorsLevin and McCain or their designees.

The Senate will recess from 12:30 until 2:15pm to allow for theweekly caucus meetings.

At 2:15pm, the Senate will proceed to a roll call vote on the motionto invoke cloture on the motion to proceed to S.3454, theDepartment of Defense Authorization bill. That will be the first vote ofthe day.

The House does its best imitation of the Senate today, holding no votes at all. TheSenate, meanwhile, springs into action to answer Lady Gaga's call, and will hold avote at 2:15 to decide whether or not to end debate on the question of whether or notto begin debate on the the defense bill, and the DADT provisions that go with it.

How's that going to come out? Well, lysias tipped me off on that yesterday:

CQ reported no vote on DADT till after election.

They reported it Friday evening in Lawmakers Fall AgendaWiped Out (subscription required):

Senate Majority Leader Harry Reid, D-Nev., saidSept. 16 that completion of the $725.7 billion fiscal2011 defense authorization bill (S 3454) would haveto wait until after the elections. Republicans hadsignaled they would block the bill from even comingto the floor because they have not been allowedvotes on their priorities.

In shelving the defense bill, Reid also prevented avote on an amendment encompassing a bill (HR1751, S 729) that would provide a pathway to legalresidency for some children of illegal immigrants.The move also delayed action on theproposed repeal of the 1993 ban (PL 103-160) on openly gay people serving in themilitary.

Also being Reid put off according to the article: the food safety bill (S. 510), stem cellresearch legislation (S. 3766), and extensions of the 2001 and 2003 tax cuts.

Now, what would become of such an amendment? How many votes would it need topass? Democrats, of course, are used to seeing a 60-vote threshold imposed on theiramendments, whether from the necessity of invoking cloture on a filibuster of thoseamendments, or by unanimous consent as a shortcut around a filibuster (i.e., the"painless filibuster"). But Republican opponents of DADT repeal -- or for that matter,DREAM Act passage -- might be perfectly happy to see a filibuster of that or anyamendment, since they don't particularly care to see anything at all accomplished.The less Democrats do, the better for Republicans in November. So the only wayforward may in fact be letting the removal of the DADT provisions (and otherweakening amendments) come to a straight up, majority rules vote.

So, you know, have a nice day.

Today's committee schedule appears below. If that's OK with Republicans.

Permalink :: There's more... (3 comments)

This Week in Congressby David WaldmanMon Sep 20, 2010 at 06:00:03 AM PDT


First Vote of the Week... Wednesday 6:00 p.m. Last Vote Predicted... Friday p.m.

MONDAY, SEPTEMBER 20, 2010

On Monday, the House will meet at 2:30 p.m. for pro forma session.No votes are expected in the House.

Congress Matters


TUESDAY, SEPTEMBER 21, 2010

On Tuesday, no votes are expected in the House, which is a changeto the previously announced schedule.

WEDNESDAY, SEPTEMBER 22, 2010 AND THEBALANCE OF THE WEEK

On Wednesday the House will meet at 2:00 p.m. for legislativebusiness with votes postponed until 6:00 p.m. On Thursday, theHouse will meet at 10:00 a.m. for legislative business. On Friday, theHouse will meet at 9:00 a.m. for legislative business.


1. H.R. 4347 - Department of the Interior Tribal Self-Governance Act (Rep. Boren - Natural Resources)

2. H.R. 5811 - To amend the Ysleta del Sur Pueblo andAlabama and Coushatta Indian Tribes of Texas RestorationAct to allow the Ysleta del Sur Pueblo Tribe to determineblood quantum requirement for membership in that tribe(Rep. Reyes - Natural Resources)

3. H.R. 4195 - To authorize the Peace Corps CommemorativeFoundation to establish a commemorative work in the Districtof Columbia and its environs (Rep. Farr - Natural R

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