Monday, May 31, 2010

This Week in the People's House
5/31/2010
By Bobby Frederick








Happy
Memorial Day


The House finished with a flurry of activity before the weeklong Memorial Day District Work Period. Convening at 12:30 p.m. on Monday, May 24th (first votes at 6:32 p.m.) and adjourning at 5:58 p.m. on Friday, May 28th (last vote at 4:19 p.m.), the House registered 46 votes for the week. The House was in session for a total of 43 hours and 59 minutes.

Current Balance of the House : 255 Democrats, 177 Republicans and 3 vacancies (GA-9, NY-29, IN-3).


Rule Bills

5/28/10
H.R. 5136, The National Defense Authorization Act for Fiscal Year 2011, introduced by Congressman Ike Skelton (D-MO).

This year's 692 page defense policy legislation authorizes $759.6 billion, mostly for Fiscal Year 2011. This includes $33.7 billion in FY 2010 to fund the surge in Afghanistan and $159.3 billion in FY 2011 funds for war operations in Iraq, Afghanistan and other terror operations.

A 1.9% pay raise for military personnel, $20 billion for base construction and $7.9 billion for troop protection in the form of countermeasures for IED's and up-armored vehicles is also included.

The President would have to provide a plan to Congress before transferring any Guantanamo detainees. $10.3 billion is for missile defense and additional $11 billion will go toward the development of 42 new F-35 Joint Strike Fighter aircraft.


Notable Amendments
The Rules Committee ruled in order 82 amendments for H.R.5136. Sixty-eight of these amendments were packaged together en bloc, which is a non-controversial ,time saving maneuver where numerous amendments can be considered at one time and usually passed by a voice vote . There were 9 en bloc packages for H.R. 5136.


Congressman Patrick Murphy (D-PA) offered an amendment to repeal the "Don't Ask, Don't Tell" (DADT) policy put in place by the Clinton Administration in 1993. As a presidential candidate, Clinton had promised to end the longstanding ban on homosexuals serving in the military, but he only succeeded in relaxing that policy. The DADT Presidential directive stated that military applicants should not be asked about their orientation, nor should they openly acknowledge participating in "homosexual conduct". In February, Defense Secretary Gates announced the forming of a working group in support of President Obama's goal of repealing DADT. Gates' Pentagon Working Group will produce a report on the effects of DADT on December 1, 2010.


The Murphy Amendment allows for the repeal of DADT after Gates' report is released and the President signs off on it (which he as promised to do). During debate, supporters argued that repeal was long overdue while opponents countered that a change in policy could cause "serious problems" and Congress shouldn't vote until the Pentagon report is released. The amendment passed 234-194 (Voting Yes- 229 D's & 5 R's : Voting No- 26 D's & 168 R's).


In addition, Congresswoman Chellie Pingree (D-ME) offered an amendment to strike $485 million in the underlying bill for an alternative engine to the F-35 Joint Strike Fighter.


The Pentagon is planning for nearly 2,500 JSF's over the next 3 decades with a price tag in the neighborhood of $1 trillion. Originally, DOD had 2 teams working on the engine for the F-35, Pratt & Whitney and General Electric/Rolls Royce. However, DOD has sided with Pratt Whitney and did not ask for any funding for the GE/RR team in its last four budget requests. Congress has continued to fund development of a second engine nevertheless. Supporters of the second engine argue that competition will generate cost savings. Opponents argue that Congress is just throwing extra money at the program as an earmark to districts where the second engine would be built.


The Pingree amendment failed 193-231-3 (Voting Yes- 136 D's & 57 R's : Voting No- 115 D's & 116 R's : Voting Present 3 D's & 0R's). Defense Secretary Gates has warned to advise President Obama to veto this bill because of the funding for the second engine, however this same threat was issued last year and Obama still signed the measure into law. With the DADT repeal included, the chances of Obama vetoing this legislation are very slim.

FINAL VOTE: The underlying Defense Authorization measure, which usually finds it place in the 400+ votes club, passed by a much closer margin 229-186 (Voting Yes- 220 D's & 9 R's : Voting No- 26 D's & 160 R's). The Senate will take up this measure sometime after the current recess.



5/28/10
H.R. 4213, The American Workers, State and Business Relief Act of 2010, introduced by Congressman Charles Rangel (D-NY).

After two weeks of delays, negotiations and searching for votes, House Democrats were able to pass a scaled back, $113 billion package extending unemployment benefits, numerous tax credits (education expenses, biodiesel incentive, etc), and a short-term fix preventing payment cuts to Medicare doctors ("doc fix"). To pay for the bill, "carried interest" of investment bankers would be taxed as ordinary income, not as capital gains. The bill also raises, by 26 cents-per-barrel, the tax that goes to the Oil Spill Liability Trust Fund. The Congressional Budget Office estimated that H.R. 4213 would increase the deficit by $54 billion through 2020.

Originally, Democrat Leadership wanted to pass a $200 billion measure, but objections by some rank and file members on the price tag forced changes. Shortening the unemployment benefits extension by one month, addressing the doc fix for 19 months (rather than 48 months) and dropping COBRA health insurance subsidies, trimmed the spending to $113 billion.

Democrats split the measure in to two votes. The first vote contained the tax extenders and passed 215 to 204 (Voting Yes- 214 D's & 1 R : Voting No- 34 D's & 170 R's). The second vote was on the "doc fix", which was accepted 245-171 (Voting Yes- 230 D's & 15 R's : Voting No- 15 D's and 156 R's).

The Senate left town before these measures were passed and the current extensions for the "doc fix" and unemployment benefits will run out while Congress is in recess. The Senate could consider these measures the week of June 7th.


5/28/2010
H.R. 5116, the America COMPETES Reauthorization Act of 2010 introduced by Congressman Bart Gordon (D-TN)

The third time proved to be the charm for Democratic leadership intent on passing this bill before the recess. After pulling the bill the week of May 10th when a Republican Amendment passed and watching a scaled back measure fail on the Suspension Calendar during the week of May 17th, Democrats used a rare parliamentary tactic known as "dividing the question" to force 9 separate votes on the measure while preserving the five-year, $85.6 billion authorization level for science and research programs.

The House agreed to quit paying the salaries of government employees caught looking at pornography on government computers by a vote of 409-0. An effort to cut two years from the authorization levels failed 181-234. The final product passed 262-150 (Voting Yes- 245 D's & 17 R's : Voting No- 0 D's and 150 R's) The Senate must now take up this measure.


Suspensions

This week, the House suspended the rules to pass eighteen pieces of legislation ranging from veterans wellness to recognizing National Mental Health Month. Click here and here for vote tallies (Roll Call votes 291-305, 308-09 & 320).


Other Big News

BP's latest effort to reign in the oil gushing in the Gulf, "TOP KILL", has failed and the spill could continue until August. Late Tuesday (6/1) the Justice Department opened up a criminal investigation of BP.


The People's House Political Extra
154 days until 2010 Midterm elections

May 25, 2010 revealed another Primary upset as state lawmaker and tea party favorite, Raul Labrador, bested Vaughn Ward who had been heavily backed by the National Republican Campaign Committee (NRCC), 47.6% to 38.9% in the Idaho Republican Primary. Labrador will take on Democrat Congressman Walt Minnick in November.

The Obama Administration reached out to Congressman Joe Sestak, via President Bill Clinton, in an effort to get him out of the Senate Primary race against Senator Arlen Specter. Sestak resisted and defeated the incumbent earlier last month. Some argue that this is par for the course in Washington while others point out that Obama ran on change.

6/1/2010- Primary results will be in tonight from Alabama, Mississippi and New Mexico. Will Parker Griffin's party switch (to Republican) come back to haunt him in his primary? Will anti-establishment candidates best those backed by the NRCC? Chris Cillizza on what to watch for.

6/8/2010- Another super Tuesday as Iowa, Maine, Montana, Nevada, New Jersey, North Dakota, South Carolina, South Dakota & Virginia hold their Primaries. Arkansas will also hold its run-off on this date.


Next Week in the People's House-
53 days left on 2010 legislative calendar

When the House reconvenes on June 8th, it is likely to consider an $84 billion emergency supplemental funding bill that contains money for the wars in Iraq and Afghanistan, relief to Haiti and Pell Grant Funding.

The House could also consider H.R. 5175, the Democracy is Strengthened by Casting Light on Spending in Elections Act of 2010, introduced by Congressman Chris Van Hollen (D-MD)
which aims to counter the January Supreme Court Decision on campaign finance.

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