Today in Congress: Republicans fake VAWA in the House and fake budgets in the Senate

Daily Kos Staff

Wednesday May 16, 2012 · 6:00 AM PDT

2012/05/16 · 06:00

Senate Side of the US Capitol - Spring 2011 Washington DC Photo by kempsternyc(DK ID) email: folmarkemp@gmail.com

Recapping yesterday's action:

First day of the work week in the House, and that means suspension bills. Eleven were scheduled, seven were dispensed with and four votes were postponed. Nothing terribly exciting to report on that front.

The Senate, per its agreement, considered and rejected all five of the precious Export-Import Bank bill amendments that Republicans just had to have in order to allow the motion to proceed to move forward. And guess what? They were all massively unpopular, some of them embarrassingly so, while the bill itself passed overwhelmingly. And even so, Republicans objected to moving to the bill quickly, and even threatened to filibuster and vote against cloture on the motion to proceed. Yet, interestingly enough, not a single one of the five amendments got 40 votes, which is what it would have taken (had every Senator voted on the cloture question) for Republicans to have enforced their filibuster threat. Hell, Rand Paul (R-KY) and Mike LEE (R-UT) each offered an amendment, and the two couldn't even muster 20 votes between them. That's what we had to have votes on in order to get Republican agreement to allow a debate on a bill that ultimately passed unamended, by a vote of 78-20? What a bunch of #@%ing d*#ks.

Looking ahead to today:

Today's work in the House begins with another suspension bill. H.R. 5740, a bill to extend the National Flood Insurance Program.

Socialism!

After that, it's the House's own version of the Violence Against Women Act reauthorization. Because why vote on the Senate version (which passed with 68 votes, 15 of them Republican) when you can vote on something new and horrible, which will also lead to a potential procedural nightmare in the Senate?

But the day's not over yet. Next up will be the new defense authorization bill.

Socialism!

That's right. Everybody should just get their own pointy stick, and stop depending on the Nanny Army to keep them safe.

Oh, and technically, the postponed amendment votes from yesterday are on the schedule, too.

The Senate has set up an interesting day for itself. Republicans are constantly complaining that the Senate hasn't considered a budget for the past few years. Of course, there's little point in doing so, since the House budgets coming from Rep. Paul Ryan (R-WI-01) have been so wholly unacceptable to the Democratic Senate (as a Democratic Senate's budget would presumably be likewise unacceptable in the Republican House) that no one anticipates being able to reach a passable compromise.

Anyway, today the Senate has agreed to allow the Republicans to bring their wackiest budget ideas to the floor (well, really, make motions to proceed to them) so that everyone can see the Senate still not adopt them. Four of the wacky ideas are the Republicans' own, and one is Senator Jefferson Beauregard Sessions III's (R-AL) interpretive dance exposition, based on what he claims is President Obama's budget. This freak show goes forward, despite the fact that last August's deal, embodied in the Budget Control Act, already set binding spending caps for the FY2013 budget.

Minority Leader Mitch McConnell (R-KY) and his Republican troops are exceedingly proud of themselves over this, believing they've scored an important procedural victory that proves a point critical to their arguments:

McConnell pointed out that procedurally the budget votes are allowed under the 1974 Budget act which allows any member to bring up a budget if the Budget Committee fails to report one. He said this is confirmation that Reid's argument that the top-line spending number in the August debt ceiling deal does not constitute a full "budget."
"I know that our friends on the other side of the aisle said that because of the Budget Control Act we already have a budget, but the parliamentarian does not view that as the case or we wouldn’t be allowed to have these votes that will occur tomorrow," he said.

I don't know that the parliamentarian gives a crap one way or the other that they're having these votes, since they're being held pursuant to a unanimous consent agreement. That being the case, the parliamentarian has nothing to say about whether or not it's the Budget Act of 1974 that's "allowing" these votes. The controlling authority is the unanimous consent agreement. Furthermore, it should be pointed out that the agreement allows for six hours of debate on the various motions, which is an unusual thing, since the Budget Act of 1974 makes motions to proceed to budget resolutions non-debatable. So if there's going to be a debate, and an extensive one at that, maybe these aren't real budget resolutions after all. But hey, if the parliamentarian says anything about that, I expect Republicans to tell her (yes, her) to take a flying leap.

McConnell's argument is that individual Senators wouldn't normally be allowed to propose their own budgets, unless the Senate Budget committee had failed to propose one. But Senators are always allowed to propose whatever they want. It's just that their budget proposals aren't entitled to the special protections outlined in the Budget Act of 1974 unless the committee fails. And what are those special protections? Well, for one thing, the motions to proceed to those budgets are made non-debatable. Yet here they are, debating them. So you be the parliamentarian here. You tell me if you think McConnell's right.

Today's floor and committee schedules appear below the fold.

In the House, courtesy of the Office of the Democratic Whip:

THE NIGHTLY WHIP: TUESDAY, MAY 15, 2012

TOMORROW’S OUTLOOK
On Wednesday, the House will meet at 10:00 a.m. for Morning Hour debate and 12:00 p.m. for legislative business.

First votes expected: 12:30 – 1:30 p.m.

Last votes expected: 4:30 – 5:30 p.m.

“One Minutes” (15 per side)

Suspension (1 Bill)

H.R. 5740 – To extend the National Flood Insurance Program, and for other purposes (Rep. Biggert – Financial Services)

H.R. 4970 – Violence Against Women Reauthorization Act of 2012 (Rep. Adams – Judiciary/Energy and Commerce/Education and the Workforce/Financial Service) (Subject to a Rule)

Begin Consideration of H.R. 4310 – National Defense Authorization Act for Fiscal Year 2013 (Rep. McKeon – Armed Service) (Subject to a Rule)

Postponed Suspensions (4 Bills)

H.R. 4119 – Border Tunnel Prevention Act of 2012 (Rep. Reyes – Judiciary)

H.R. 2621 – Chimney Rock National Monument Establishment Act (Rep. Tipton – Natural Resources)

H.R. 2745 – To amend the Mesquite Lands Act of 1986 to facilitate implementation of a multispecies habitat conservation plan for the Virgin River in Clark County, Nevada, as amended (Rep. Heck – Natural Resources)

H.Res. 568 – Expressing the sense of the House of Representatives regarding the importance of preventing the Government of Iran from acquiring a nuclear weapons capability, as amended (Rep. Ros–Lehtinen – Foreign Affairs)

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

Senate Floor Schedule for Wednesday, May 16, 2012
Convenes: 9:30am

Following the prayer and pledge, the Majority Leader will be recognized.

Following Leader remarks, the Senate will proceed to the consideration of motions to proceed to the following budget resolutions, en bloc:
Calendar #357, S.Con.Res.41 (Senator Sessions-his interpretation of the Obama budget);
Calendar #354, H.Con.Res.112 (Congressman Ryan);
Calendar #356, S.Con.Res.37 (Senator Toomey);
Calendar #384, S.Con.Res.42 (Senator Paul); and
Calendar #395, S.Con.Res.44 (Senators Lee, Paul, DeMint).

There will be up to 6 hours for debate on the motions to proceed, equally divided and controlled between the two Leaders or their designees. Upon the use or yielding back of time (at approximately 4:00pm if all time is used), the Senate will conduct up to 5 roll call votes on the motion to proceed to each concurrent resolution. There will be 2 minutes of debate between each vote and all votes after the first vote will be 10 minutes in duration.

As a reminder to all Senators, on Tuesday, cloture was filed on Executive Calendar #646, Jeremy C. Stein, of Massachusetts, to be a Member of the Board of Governors of the Federal Reserve System; and on Executive Calendar #647, Jerome H. Powell, of Maryland, to be a Member of Board of Governors of the Federal Reserve System. If no agreement is reached, the cloture vote on the Stein nomination will occur on Thursday morning.

5/15 wrap-up:

Senate Floor Wrap Up for Tuesday, May 15, 2012
ROLL CALL VOTES

1) Lee amendment #2100 (terminate Ex-Im Bank) to H.R.2072, the Export-Import Bank Reauthorization Act; Not Agreed To: 12-87

2) Paul amendment #2101 (debt instruments); Not Agreed To: 9-89

3) Corker amendment #2102 (private sector financing); Not Agreed To: 36-62

4) Vitter amendment #2103 (energy products); Not Agreed To: 37-61

5) Toomey amendment #2104 (lending authority); Not Agreed To: 35-63

6) Passage of H.R.2072, Export-Import Bank Reauthorization; Passed: 78-20

LEGISLATIVE ITEMS

Adopted S.Res.460, designating the week of May 20 through May 26, 2012, as “National Public Works Week”.

Adopted S.Res.461, recognizing the teachers of the United States for their contributions to the development and progress of our Nation.

Completed the Rule 14 process of H.R.5652, Sequester Replacement Reconciliation Act of 2012. (Republican request)

Began the Rule 14 process of S.3187, Food and Drug Administration Safety and Innovation Act. (Harkin & Enzi)

No EXECUTIVE ITEMS

Today's House committee schedule:

AGRICULTURE---------------------------------------------------10:00-Open
General Farm Commodities and Risk Management Subc. On crop insurance and commodity programs in the 2012 Farm Bill. 1300 LHOB.

APPROPRIATIONS-----------------------------------------------10:00-Open

Full Committee. Markup of H.R. _ - Homeland Security Appropriations Act for FY 2013, and H.R. _ - Military Construction and Veterans Affairs Appropriations Act for FY 2013, and a report on the revised suballocation of budget allocations for FY 2013. 2359 RHOB.

EDUCATION & THE WORKFORCE----------------------------------10:00-Open

Early Childhood, Elementary, and Secondary Education Subc. On discussing state efforts to expand parental engagement in schools. Public witnesses. 2175 RHOB.

ENERGY & COMMERCE-------------------------------------------10:00-Open

Communications and Technology Subc. On examining recovery act spending on broadband loans and grants. Dept. witnesses. 2123 RHOB.

ENERGY & COMMERCE-------------------------------------------10:15-Open

Commerce, Manufacturing, and Trade Subc. On promoting tourism to the United States. Dept. and public witnesses. 2322 RHOB.

ENERGY & COMMERCE--------------------------------------------4:00-Open

Full Committee. Markup of H.R. 4471 – Gasoline Regulations Act of 2012, and H.R. 4480 – Strategic Energy Production Act of 2012. 2123 RHOB.

FINANCIAL SERVICES-------------------------------------------10:00-Open

Financial Institutions and Consumer Credit Subc. On examining how the Financial Stability Oversight Council intends to exercise its discretionary authority to designate non-bank financial firms as “Systemically Significant Financial Institutions”. Dept. and public witnesses. 2128 RHOB.

FINANCIAL SERVICES---------------------------------------------2:00-Open

International Monetary Policy and Trade Subc. On increasing market access for U.S. financial firms in China. Dept. and public witnesses. 2128 RHOB.

FINANCIAL SERVICES---------------------------------------------2:00-Open

Oversight and Investigations Subc. On oversight of the Federal Deposit Insurance Corporation’s structured transaction program and on considering the issuance of a subpoena to compel the production of records from the Department of Housing and Urban Development related to its oversight and administration of the HOME Investment Partnerships Program. Dept. and public witnesses. 2220 RHOB.

FOREIGN AFFAIRS------------------------------------------------2:00-Open

Middle East and South Asia Subc. On assessing U.S. foreign policy priorities and needs amidst economic challenges in South Asia. Dept. witnesses. 2172 RHOB.

FOREIGN AFFAIRS------------------------------------------------2:30-Open

Oversight and Investigations Subc. On the status of the processing of the Camp Ashraf Residents. Dept. witnesses. 2200 RHOB.

HOMELAND SECURITY-------------------------------------------10:00-Open

Transportation Security Subc. On examining airport security breaches. Dept. and public witnesses. 311 CHOB.

JUDICIARY------------------------------------------------------10:00-Open

Full Committee. On implementation of the Leahy-Smith America Invents Act, which overhauls the U.S. patent law. Dept. and public witnesses. 2141 RHOB.

JUDICIARY------------------------------------------------------12:30-Open

Full Committee. Markup of H.R. 5521 – Divisional Realignment Act of 2012, and H.R. 4377 – Responsibly and Professional Invigorating Development Act of 2012. 2141 RHOB.

NATURAL RESOURCES-------------------------------------------10:00-Open

Full Committee. Markup of pending legislation. 1324 LHOB.

OVERSIGHT & GOVERNMENT REFORM------------------------------9:30-Open

Federal Workforce, U.S. Postal Service, and Labor Policy Subc. On overhauling the Hatch Act. Dept. and public witnesses. 2247 RHOB.

OVERSIGHT & GOVERNMENT REFORM------------------------------9:30-Open

Regulatory Affairs, Stimulus Oversight, and Government Spending Subc. On examining the Obama administration’s green energy policies. Public witnesses. 2154 RHOB.

RULES-----------------------------------------------------------2:30-Open

Full Committee. On H.R 4310 – National Defense Authorization Act for FY 2013. H-313 Capitol.

SMALL BUSINESS------------------------------------------------1:00-Open

Full Committee. On examining U.S. trade strategies and the effect on small business exporters. Dept. and public witnesses. 2360 RHOB.

TRANSPORTATION & INFRASTRUCTURE---------------------------10:00-Open

Coast Guard and Maritime Transportation Subc. On reviewing the Coast Guard’s 5-year capital improvement plan. Dept. witnesses. 2167 RHOB.

VETERANS’ AFFAIRS--------------------------------------------10:00-Open

Health Subc. On optimizing health care for veterans with prosthetics. 334 CHOB.

VETERANS’ AFFAIRS----------------------------------------------2:00-Open

Economic Opportunity Subc. On examining the April 27 Executive Order 13607 that aims to protect veterans from aggressive and deceptive targeting by education institutions, especially for-profit schools. 334 CHOB.

WAYS & MEANS------------------------------------------------10:00-Open

Oversight Subc. On the tax-exempt sector and IRS oversight of tax-exempt activities. Public witnesses. 1100 LHOB.

Today's Senate committee schedule:

10:00 am
    Environment and Public Works: Subcommittee on Children's Health and Environmental Responsibility
        Hearings to examine growing long-term value, focusing on corporate environmental responsibility and innovation.
SD-406
10:00 am
    Homeland Security and Governmental Affairs
        Business meeting to consider S.1910, to provide benefits to domestic partners of Federal employees, S.1515, to permit certain members of the United States Secret Service and certain members of the United States Secret Service Uniformed Division who were appointed in 1984, 1985, or 1986 to elect to be covered under the District of Columbia Police and Firefighter Retirement and Disability System in the same manner as members appointed prior to 1984, S.2218, to reauthorize the United States Fire Administration, S.1100, to amend title 41, United States Code, to prohibit inserting politics into the Federal acquisition process by prohibiting the submission of political contribution information as a condition of receiving a Federal contract, H.R.2415, to designate the facility of the United States Postal Service located at 11 Dock Street in Pittston, Pennsylvania, as the "Trooper Joshua D. Miller Post Office Building", H.R.3220, to designate the facility of the United States Postal Service located at 170 Evergreen Square SW in Pine City, Minnesota, as the "Master Sergeant Daniel L. Fedder Post Office", H.R.3413, to designate the facility of the United States Postal Service located at 1449 West Avenue in Bronx, New York, as the "Private Isaac T. Cortes Post Office", and the nomination of Joseph G. Jordan, of Massachusetts, to be Administrator for Federal Procurement Policy, Executive Office of the President.
SD-342

10:00 am
    Health, Education, Labor, and Pensions
        Hearings to examine identifying opportunities for health care delivery system reform, focusing on lessons from the front line.
SD-430

10:00 am
    Judiciary
        An oversight hearing to examine the Federal Bureau of Investigation.
SD-226

10:30 am
    Appropriations: Subcommittee on Department of Defense
        To receive a closed briefing on proposed budget estimates for fiscal year 2013 for Northern Command and Southern Command Programs.
SVC-217

10:30 am
    Appropriations: Subcommittee on Department of the Interior, Environment, and Related Agencies
        Hearings to examine proposed budget estimates for fiscal year 2013 for the Environmental Protection Agency.
SD-124

2:00 pm
    Joint Economic Committee
        Hearings to examine how the taxation of labor and transfer payments affect growth and employment.
SD-G50

2:30 pm
    Commerce, Science, and Transportation
        An oversight hearing to examine the Federal Communications Commission.
SR-253

2:30 pm
    Foreign Relations
        Hearings to examine the nominations of Peter William Bodde, of Maryland, to be Ambassador to the Federal Democratic Republic of Nepal, Piper Anne Wind Campbell, of the District of Columbia, to be Ambassador to Mongolia, and Dorothea-Maria Rosen, of California, to be Ambassador to the Federated States of Micronesia, all of the Department of State.
SD-419

2:30 pm
    United States Senate Caucus on International Narcotics Control
        Hearings to examine drug threats in West Africa, focusing on drug trafficking and United States efforts to counter emerging narcotics-related threats.
SD-562

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