SIX MEASURES ADVANCE IN THE HOUSE 12/21/10

H.R. 6540, the Defense Level Playing Field Act has been received in the Senate after sailing through the House by a margin of 325 in favor to 23 opposed, on Roll Call vote number 658.

The KC-X Aerial Tanker

H.R. 6540 Requires the Secretary of Defense (DOD), in evaluating offers to award a contract for the KC-X aerial refueling aircraft program, to consider any unfair advantage that an offer or may possess. This bill directs the Secretary to: (1) report to the congressional defense committees on any such advantage; and (2) take into account the findings of such report in awarding a contract.

On a related front, H.R. 5136 §§824 and 848 speaks to the issue of the KC-X tanker. That bill, the National Defense Authorization Act for Fiscal Year 2011, which is dead in the Senate requires the Secretary of DOD to submit an interim report on "any review of a covered subsidy initiated pursuant to subsection (a) of section 886 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4561) not later than 60 days after the date of the initiation of the review." Section 848 mandates, in subsection (a) the "Requirement to Consider Unfair Competitive Advantage- In awarding a contract for the KC-X aerial refueling aircraft program (or any successor to that program), the Secretary of Defense shall, in evaluating any offers submitted to the Department of Defense in response to a solicitation for offers for such program, consider any unfair competitive advantage that an offer or may possess."

H.R. 6523, the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, is the pared down version of the military spending bill for the next fiscal year. H.R. 6523 does not contain the language regarding the KC-X aerial tanker found in H.R. 6540 or H.R. 5136. H.R. 6523 is treading water waiting for Senate action in this Lame Duck session of the 111th Congress.

The KC-X program should see the production of 175 aircraft over a span of two decades costing in the neighborhood of $35 billion, and probably more. The current fleet of tankers is subject to uncertainty due to age and the potential for fatigue. Currently employed in the fleet are KC-135 tankers which were delivered in 1965 and KC-10 tankers delivered between 1979 and 1987.

The America COMPETES Reauthorization Act of 2010, H.R. 5116 passed the House on Roll Call vote number 659 by a margin of 228 in favor to 130 opposed. This was on the vote to resolve differences with the Senate. This bill originally passed in the House on May 28th. The Senate passed the measure with an amendment on December 17th by Unanimous Consent.

H.R. 5116 makes an investment in innovation through research and development, to improve the competitiveness of the United States. H.R. 5116 authorizes appropriations for several agencies to support scientific research, industrial innovation, and certain educational activities. The legislation allows for the collection of fees to offset the administrative costs of a loan guarantee program directed toward small and medium sized businesses. The CBO estimates that there is no net budgetary impact in a single year by this bill.

H.R. 2142, the Government Efficiency, Effectiveness, and Performance Improvement Act of 2010 passed the House on Roll Call vote number 660 by a margin of 216 to 139. H.R. 2142 expresses the sense of Congress that each executive agency should consult with the committees with jurisdiction over the agency and other interested Members of Congress each fiscal year regarding the agency's performance plan and priorities. The bill mandates that each federal agency head identify near- and long-term high-priority goals for the purpose of improving agency performance and submit quarterly reports relating to those goals.

H.R. 2142 establishes a Performance Improvement Council in the executive branch to make recommendations concerning, and to monitor, performance management. Includes among the Council's duties to: (1) develop a website for federal agency performance information; (2) link program performance information to program spending information on the website www.USASpending.gov; and (3) report to Congress on the feasibility of creating a single web-based platform for all government spending information and all program performance information.

The Comptroller Generally is directed to periodically assess the implementation of this Act. Any savings or reductions in expenditures generated by this Act are to be used to offset the costs of its implementation and any additional savings to be used to offset the deficit. Agencies are required to fund this Act's reporting requirements out of existing budgets and authorizes agencies to make necessary reprogramming of funds.

H.R. 2751, the FDA Food Safety Modernization Act passed in the House on Roll Call vote number 661. The margin on the motion to resolve differences with the Senate was 215 in favor and 144 opposed. This is a major overhaul of food safety laws. H.R. 2751 began as a bill to accelerate motor fuel savings nationwide and provide incentives to registered owners of high polluting automobiles to replace such automobiles with new fuel efficient and less polluting automobiles. It was amended in the Senate with the language of S. 510 the FDA Food Safety Modernization Act introduced by Democratic Senator Richard Durbin of Illinois. Durbin's bill passed the Senate on a Record Vote number 257 by a margin of 73 in favor to 25 opposed. The problem with S. 510 is that one section contained a revenue measure. Bills containing revenue measures must originate in the House according to the Constitution. The language is in Article I § 7 "All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills."

H.R. 3082, the Full-Year Continuing Appropriations Act, 2011 is probably misnamed. This Continuing Resolution funds the government until March4, 2011. H.R. 3082 passed by a margin of 193 to 165 on Roll Call vote number 662.

H.R. 6547, the Protecting Students from Sexual and Violent Predators Act, was the last measure passed by the House on 12/21/10. This bill require each state receiving funds under the Elementary and Secondary Education Act of 1965 to have in effect policies and procedures that: (1) require criminal background checks for school employees, including searches of state criminal registries or repositories, state-based child abuse and neglect registries and databases, the National Crime Information Center of the Department of Justice, the National Sex Offender Registry, and the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation (FBI); and (2) prohibit the employment of school employees who refuse to consent to a criminal background check, make false statements in connection with one, or have been convicted of one of a list of felonies.

Local educational agencies (LEAs) or state educational agencies (SEAs) are required to report to local law enforcement any applicants for school employment who are discovered to be sexual predators.

Requires Periodic repetitions of such criminal background checks are required . Requires such states to provide for a timely process under which school employees may: (1) appeal the results of a criminal background check to challenge the accuracy or completeness of the information produced; and (2) seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced. Requires this appeals process, however, to deny the individual employment as a school employee during the process.

H.R. 6547 moves on to the Senate.

THE CASE AGAINST LYNN JENKINS CHAPTER 52 - SHE VOTED AGAINST THE MIDDLE CLASS TAX CUT AND FOR THE FAT CAT TAX BOONDOGGLE WHILE DEMAGOGING EARMARKS - ARE YOU HAPPY ABOUT THE MILLIONS KANSAS JUST LOST? LYNN JENKINS IS!

This is Lynn Jenkins, she doesn't represent us.

Lynn Jenkins voted against the Middle Class Tax Cut and for the FAT CAT TAX BOONDOGGLE. Her vote against Middle Class Tax Payers came on Roll Call 604 when she voted against the Senate Amendments to H.R. 4853. That legislation gave every American taxpayer an extension of the Bush era tax cuts on the first $250,000 of reportable income. Everyone.

That wasn't good enough for the servant of the privileged, Lynn Jenkins, who held out for the FAT CAT TAX BOONDOGGLE, which was not paid for .

Jenkins held out for the millionaires and billionaires to get those additional tax cut extensions on reportable income above $250,000. Lynn Jenkins held out so America can finance the FAT CAT TAX BOONDOGGLE to the tune of $700 billion. Jenkins voted against culling the FAT CAT ESTATE TAX BOONDOGGLE from H.R. 4853.  That was Roll Call 646.  Then she voted for the bill after the Senate added amendments bloating the FAT CAT TAX BOONDOGGLE.

Jenkins laments the fact that it is truly sad that Congress is hurrying to address these problems in the tax code. Really! If Jenkins wanted America to move forward on fixing the problems we face then she and the Party of No wouldn't have wasted two years refusing to work. Saying "NO" isn't governing.

On the floor of the House Jenkins said

"There are several aspects of this provision that I am adamantly against, including the massive deficit spending required to extend unemployment benefits for 13 months that are not paid for and the onerous 35 percent death tax which will create hardship for many family farms across the entire Midwest. But failure to pass this legislation will be the equivalent of reaching into the bank account of every middle class family and pulling out an additional $5,000 next year. The families I represent in Kansas have had to tighten their belts and can't figure out why Washington continues to raid their bank accounts and refuses to tighten the belt of the Federal Government"

Hold your horses, Nellie! Jenkins is A-OK with charging $700 billion for the FAT CAT TAX BOONDOGGLE to the nation's deficit but wants unemployment benefits paid for! I know a lot of working people who never collected a dime of unemployment benefits and these folks pay into that system with each and every paycheck. Unemployment Insurance is not a handout it is Insurance. Lynn Jenkins has spent so much time pandering to Insurance Companies that she's starting to think like them. When it's time to pay the benefit Jenkins wants to cancel the policy.

Jenkins shameful pandering to fear on the Estate Tax is nothing but pure propaganda. The FAT CAT ESTATE TAX BOONDOGGLE won't mean a thing to most Kansans. This provision applies to only 6,600 estates in the whole country. These are 6,600 estates will get an average tax break of $1.5 million. America gets to run up the deficit for this FAT CAT ESTATE TAX BOONDOGGLE by adding $23 billion to the deficit.   It is pretty clear to tell if your estate will be burdened by the 35% estate tax rate.  You only need to ask yourself if you are leaving behind an estate worth more than $10,000,000.  If you're not leaving the kids ten million bucks, then this provision doesn't affect you.

And who are some of these FAT CATS? Illinois Democratic Representative Jan Schakowsky tells us"

"The Koch Family: the primary funders of the tea party movement and other conservative causes, having a vast fortune estimated to be as much as $35 billion. Under the Republican, versus the Pomeroy amendment, that family would realize over $2 billion extra.

The Walton Family: Wal-Mart; seven descendants; a combined worth of $87 billion--more than some whole countries. His family will pay $7 billion less in taxes under the Republican proposal.

The Dorrance Family: the Campbell Soup giant with a combined wealth of $6.5 billion and a savings of $522 million.

The Mars Candy Company Family: $30 billion in wealth. Their estate taxes will go down $2.5 billion.

Are these the people this Congress is supposed to represent?"

Those are the people Lynn Jenkins represents.

Then Lynn Jenkins, forgetting that she was for EARMARKS before she was against them issued the following statement about the Senate Amendment to H.R. 3082, otherwise known as the FY 2011 Omnibus Appropriations Bill:

"When I was elected to Congress, Eastern Kansans knew that wasteful earmarks, runaway government spending, and the same tired notion that we are going to spend our way out of debt were leading this country down the wrong path. I think we saw on election night that the rest of the country has made the same realization. I am very happy that the Senate has recognized the will of the American people and pulled this bill from the floor."

Jenkins sings a different tune now that she has taken the Anti-EARMARK Pledge! Jenkins had plenty of EARMARKS to her credit during her first term in the House. To get a look at them use the search bar at the top of the page and type in Jenkins EARMARKS.

What are those EARMARKS that won't be coming to Kansas? Since Jenkins is "very happy" that the bill was pulled from the Senate floor and all those EARMARKS are gone it is only fair to take a look. Jenkins obviously didn't talk to Senators Roberts and Brownback before she put her foot in her mouth.

All of the EARMARKS are by Senator Brownback unless otherwise indicated

The first 14 EARMARKS came from Agriculture

Sam Brownback's EARMARKS in the FY 2011 Omnibus Appropriations Bill

1. For the National Institute of Food and Agriculture to be used for the purpose of Converting Agricultural Waste to Energy, KS $2,000,000

2. For the National Institute of Food and Agriculture to be used for Advanced Biofuel Development in Kansas $2,000,000

3. For the National Institute of Food and Agriculture to be used for the Kansas Center for Advanced Plant Design $2,000,000

4. For the National Institute of Food and Agriculture to be used for Polymer Research, KS $2,350,000

5. With Senator Roberts and Texas' Representative Chet Edwards, for the National Institute of Food and Agriculture to be used for Grain Sorghum, KS, TX $1,250,000

6. For the National Institute of Food and Agriculture to be used for Polymer Research, KS $2,000,000

7. For the National Institute of Food and Agriculture to be used for Native Grassland and Sustainability, KS $1,000,000

8. With Senator Roberts and Representative Moore for the National Institute of Food and Agriculture to be used for Preharvest Food Safety, KS $500,000

9. With Senator Roberts for the National Institute of Food and Agriculture to be used for Water Conservation, KS $600,000

10. With Senator Roberts for the National Institute of Food and Agriculture to be used for Wheat Genetic Research, KS $1,250,000

11. With Senator Roberts and Representative Moore for Animal and Plant Health Inspection Service to be used for Salaries and expenses for the National Agriculture Biosecurity Center, KS $750,000

And Senator Roberts' other EARMARKS

12. With Senator Cornyn and Representative Chet Edwards of Texas for the National Institute of Food and Agriculture to be used for Air Quality, KS, TX $300,000

13. With Iowa Senators Grassley and Harkin and with Arkansas Senators Lincoln and Pryor for the National Institute of Food and Agriculture to be used for Animal Science Food Safety Consortium, AR, IA, KS $1,000,000

The Next 2 Earmarks came from Financial Services

14. With Senator Roberts for the SBA Lawrence‐Douglas County Biosciences Authority, to be used for Bioscience & Technology Business Center, Lawrence, KS $125,000

15. For the SBA PIPELINE Entrepreneurial Fellowship, KS $125,000

Then from Commerce, Justice, & Science came 7 more EARMARKS

16. With Senator Roberts for the Jefferson County Sheriff’s Office, Oskaloosa, KS to be used for the Northeast Kansas Regional AFIS (Automated Fingerprint Identification System) $600,000

17. For the Shawnee Regional Prevention and Recovery, Topeka, KS to be used for the Kansas Methamphetamine Prevention Project $250,000

18. With Senator Roberts for Kansas Regional Community Policing Institute at Wichita State University, Wichita, KS to be used for Research and Development, and Training $290,000

19. With Senator Roberts and Representative Moore for the Unified Government of Kansas City, Kansas City, KS to be used for the Separation of Youth from Adults in the Justice System $200,000

20. With Senator Roberts for the National Institute for Aviation Research, Wichita, KS to be used for the National Center for Advanced Materials Performance $950,000

And from Senator Roberts

21. For the Wichita Police Department, Wichita, KS to be used for In-Car Cameras for Police Vehicles $600,000

22. For the City of Iola, Ks to be used for Program for At-Risk Youth $110,000

From the Energy and Water portion of the Omnibus Appropriations Bill came 11 more EARMARKS

23.With Senator Roberts for the Corps of Engineers to be used for Investigations in MANHATTAN, KS $190,000

24. With Senator Roberts for TOPEKA, KS $279,000

25. With Senator Roberts A REVERSE EARMARK from the Corps of Engineers Investigations regarding the WICHITA AREA DRAINAGE MASTER PLAN, KS ($137,000)

26. With Senator Roberts for Department of Energy Office of Science to be used for KU Cancer Research Equipment (KS) $4,000,000. And this is what Lynn Jenkins calls waste!

27. By Senator Roberts with Senator Bond for the Corps of Engineers for Investigations to be used on the MISSOURI RIVER LEVEE SYSTEM, UNITS L-455 & R 460-471, MO & KS $95,000

28. By Senator Roberts with Representative Moore for the Corps of Engineers for Investigations to be used on the UPPER TURKEY CREEK, KS $85,000

29. From Senator Roberts another REVERSE EARMARK this one from the Corps of Engineers for Investigations from SHUNGANUNGA CREEK, KS ($100,000)

30. By Senator Roberts for the Corps of Engineers for Operation and Maintenance to be used for REALLOCATION STUDY $300,000

31. By Senator Roberts with Representative Moore for the Department of Energy to be used for Energy Efficiency and Renewable Energy Solar Parking Canopies and Plug-in Electric Stations Demonstration $400,000. This apparently isn't part of Lynn Jenkins' all of the above approach to Energy Independence!

32 By Senator Roberts with Senator Bond Representative Moore and Kansas City, Missouri's Representative Cleaver for the Corps of Engineers for Investigations to be used on the BRUSH CREEK BASIN, KS & MO $190,000.  This is the area where Johnson County, Kansas drains into Kansas City, Missouri's Country Club Plaza District.

33. By Senator Roberts for the Corps of Engineers to be used for Investigations GRAND '(NEOSHO) RIVER BASIN WATERSHED, OK, KS, MO & AR $95,000.

The Homeland Security portion of the Omnibus Bill would have brought 1 more very big EARMARK.

34. For General Provision to be used for the National Bio- and Agro-defense Facility, KS $40,000,000. Manhattan, Kansas can thank Lynn Jenkins for taking credit for this $40 MILLION hit. Thanks Lynn! For Nothing!

The Military Construction portion of the Omnibus Bill had 1 EARMARK for Kansas, and it was an important one.

35. With Senator Roberts for the Army National Guard Kansas: Forbes Field to be used for Taxiway Alterations $9,036,000

From the Transportation and the Housing and Urban Development part of the Omnibus Appropriations Bill Kansas' lost 7 EARMARKS

36. With Senator Roberts for the Federal Aviation Administration (FAA) to be used for the AIP - Airport Improvement Program at the Metropolitan Topeka Airport Authority Hangar Restoration, KS $400,000

37. With Senator Roberts for the Federal Aviation Administration (FAA) to be used for Research, Engineering and Development NIAR (National Institute for Advanced Research) [Wichita, Kansas] Advanced Materials Research, KS $500,000

38. With Senator Roberts and Representative Moore for the Federal Aviation Administration (FAA) to be used for Research, Engineering and Development NIAR Advanced Materials Research, KS $500,000

39. For the Federal Highway Administration (FHWA) to be used for Surface Transportation Investments North Manhattan Avenue Widening, Manhattan, KS $600,000

40. With Senator Roberts and Representative Moore for the Federal Highway Administration (FHWA) to be used for Surface Transportation Investments on the Village West Access Improvements, KS $300,000

41. For the Department of Housing and Urban Development (HUD) to be used for Economic Development Initiatives (EDI) Builders Development Corporation, KS For the Central Baptist Redevelopment Project in Kansas City, Kansas $800,000

42. For the Department of Housing and Urban Development (HUD) to be used for Economic Development Initiatives (EDI) in conjunction with the MARC Community Services Corporation, Wyandotte County, KS To acquire and renovate vacant and abandoned properties as part of the NeighborhoodsNOW Redevelopment Plan in Wyandotte County, Kansas $400,000

From the Education and Health and Human Services portion of the Omnibus Appropriations Bill 9 EARMARKS are now lost.

43. With Representative Moore for the Department of Education Higher Education (includes FIPSE) [Fund for the Improvement of Postsecondary Education] to be used for the Kansas City Community College, Kansas City, KS for a Hospitality Education and Retail Training program, which may include equipment $750,000

44. For the Department of Education Higher Education (includes FIPSE) Manhattan Area Technical College, Manhattan, KS, for curriculum development and technology upgrades, including the purchase of equipment $450,000

45. For the Department of Education Higher Education (includes FIPSE) at Pittsburg State University, Pittsburg, KS, to expand education programs $400,000

46. With Representative Moore for the Department of Health & Human Services Administration for Children and Families (ACF) - Social Services TLC for children and Families, Olathe, KS, for youth transitional living programs $500,000

47. With Representative Ryan of Ohio for the Department of Health & Human Services Health Resources and Services Administration (HRSA) - Health Facilities and Services Chronic Disease Fund, Plano, TX, to expand chronic disease program $500,000

48. With Senator Roberts for Department of Health & Human Services Health Resources and Services Administration (HRSA) - Health Facilities and Services Community Foundation of Southwest Kansas, Dodge City, KS, for facilities and equipment $150,000

49. For the Department of Health & Human Services Health Resources and Services Administration (HRSA) - Health Facilities and Services to be used for the Pratt Regional Medical Center, Pratt, KS, for facilities and equipment $500,000

50. For the Department of Health & Human Services Health Resources and Services Administration (HRSA) - Health Facilities and Services to be used for the Pratt Regional Medical Center, Pratt, KS, for facilities and equipment $500,000

51. With Representative Moore for the Department of Health & Human Services Health Resources and Services Administration (HRSA) - Health Facilities and Services to be used for the University of Kansas Hospital, Kansas City, KS, for facilities and equipment $500,000

The Labor HHS part of the Omnibus Appropriations Bill saw Kansas lose 7 more EARMARKS

52. With Representative Moore for the Department of Education Higher Education (includes FIPSE) Kansas City Community College, Kansas City, KS for a Hospitality Education and Retail Training program, which may include quipment $750,000

53. For the Department of Education Higher Education (includes FIPSE) to be used by the Manhattan Area Technical College, Manhattan, KS, for curriculum development and technology upgrades, including the purchase of equipment $450,000

54. For the of Education Higher Education (includes FIPSE) to be used by the Pittsburg State University, Pittsburg, KS, to expand education programs $400,000

55. With Representative Ryan of Ohio for the Department of Health & Human Services Health Resources and Services Administration (HRSA) - Health Facilities and Services Chronic Disease Fund, Plano, TX, to expand chronic disease program $500,000

56. With Senator Roberts for the Department of Health & Human Services Health Resources and Services Administration (HRSA) - Health Facilities and Services Community Foundation of Southwest Kansas, Dodge City, KS, for facilities and equipment $150,000

57. For the Department of Health & Human Services Health Resources and Services Administration (HRSA) - Health Facilities and Services to be used at the Pratt Regional Medical Center, Pratt, KS, for facilities and equipment $500,000

58. With Representative Moore for the Department of Health & Human Services Health Resources and Services Administration (HRSA) - Health Facilities and Services at the University of Kansas Hospital, Kansas City, KS, for facilities and equipment $500,000

59. By Senator Roberts with Representative Moore for the Department of Health & Human Services Health Resources and Services Administration (HRSA) - Health Facilities and Services at the University of Kansas, Lawrence, KS, for facilities and equipment $550,000

60. By Senator Roberts with Senators Akaka, Bennett, Sherrod Brown, Burris, Casey, Dodd, Franken, Gilibrand, Hagen, Harkin, Johnson, Kerry, Lautenberg, Levin, Lieberman, Lincoln, Lugar, Menendez, Pryor, Rockefeller, Sanders, Schumer, Sessions, Shaheen, Snowe, Stabenow, Whitehouse, Wicker, and Wyden and with Representatives Arcuri; Berkley; Bordallo; Boucher; Cao; Capps; Capuano; Carnahan; Clarke; Conyers; Crowley; Davis (CA); Delahunt; Dingell; Ellison; Ellsworth; Etheridge; Fudge; Gonzalez; Green, Gene; Grijalva; Gutierrez; Halvorson; Hastings (FL); Herseth Sandlin; Hinojosa; Hirono; Holt; Johnson, Eddie Bernice; Kilroy; Kucinich; Langevin; Loebsack; Lofgren, Zoe; Lynch; Matheson; Matsui; Miller (NC); Moore (WI); Moran (VA); Nadler (NY); Norton; Oberstar; Owens; Pingree (ME); Pomeroy; Price (NC); Rahall; Reyes; Ross; Rothman (NJ); Rush; Sarbanes; Scott (GA); Sestak; Shea-Porter; Sires; Slaughter; Snyder; Van Hollen; Waxman; Yarmuth; Young (AK) For the Department of Education National Projects Innovation and Improvement to be used for the Reading is Fundamental authorized under the Elementary and Secondary Education Act $24,803,000 .

The Department of Defense portion of the Omnibus Appropriations Bill will no longer bring these 16 EARMARKS to Kansas.

61. For Aircraft Patient Support Systems for 190th ARW, KS ANG $1,360,000

62. For the National Guard and First Responder Resiliency Training $1,200,000

63. For Radio Personality Modules for SINCGARS (Single Channel Ground and Airborne Radio System) Test Sets 5,600,000

64. With Senator Roberts for Advanced High Energy Density Battery Chemistry for Portable Power $2,640,000

65. With Senator Bond for Military Installation Electric Vehicle Demonstration Project $1,600,000

66. With Senators Roberts and Bond for Superior Weapons Systems Through Castings $2,000,000

67. With Senator Roberts for Accelerated Insertion of Advanced Materials and Certification for Military Aircraft Structure Material Substitution and Repair $2,000,000

68. With Senator Roberts for AT-6B [a Light Attack Aircraft Trainer] Demonstration for the Air National Guard $5,600,000

69. With Senator Roberts for B-52 Satellite Communications $5,600,000

70. For the KC-135 [Stratotanker] Structural Teardown Examination 1,600,000

71. For Nanocomposites for Lightning Protection of Composite Airframe Structures $2,400,000

72. With Senator Roberts for Contaminated Human Remains Pouches $2,400,000

73. For Cultural Intelligence for Enhanced Strategic Communications $1,600,000

74. With Representative Moore for Superconducting Quantum Information Technology $2,320,000

75. With Senator Roberts for Aging Military Aircraft Fleet Support $1,600,000

76. With Senator Roberts for Expeditionary Capabilities Laboratory $5,600,000

If your city, school, place of employment, or if you have cancer, or if you think Reading is Fundamental then thank Lynn Jenkins for being happy at the loss of necessary money being appropriated where you wanted it to go!

EARMARKS have gotten a bum rap. When they are transparent they serve a necessary function. It is the job of Senators and Representatives to bring home the goodies of government. If you think we are not going to fix the Stratotanker, fund Reading is Fundamental, or fund educational programs then you are nuts. Without EARMARKS those tax dollars are likely to leave Kansas and leave us with both the bill and no benefits.

Tell Lynn Jenkins to stop the demagoguery!

Anthony Weiner has a good day in Congress & Every Republican voted AGAINST funding the Military and Food Safety

H.R. 5987, the Seniors Protection Act of 2010, failed to get a ⅔ majority vote on roll call 611. The supermajority was required because the bill was brought up under a suspension of the rules. A similar bill was defeated in the Senate, S. 3985, when the upper chamber failed to invoke cloture on Record Vote 267.

These measures were designed to provide a modest measure of relief to senior citizens receiving Social Security. There will be no cost of living [COLA] although expenses for seniors continue to rise. H.R. 5987, introduced by North Dakota Democratic Representative Earl Pomeroy, and S. 3985, introduced by Vermont's Independent Senator Bernie Sanders, provide for a onetime payment of $250.00 to seniors.

The vote margin for H.R. 5987 was 254 in favor and 153 against with 27 Members not voting. Twenty-six Republicans voted for this bill while twelve Democrats voted against passage. Had the Democrats held together this bill would have easily passed, 272 votes were needed to satisfy the supermajority requirement.

We may see H.R. 5987 again but I wonder why the Majority's Leadership didn't wait until later in the day to present the measure. The House took up H. Res. 1752 which waives the ⅔ majority requisite; a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules, and providing for consideration of motions to suspend the rules.

H. Res 1752 passed on roll call 615 by a margin of 215 to 194 with 24 Members not voting. Twenty-seven Democrats opposed this rules change. It will be interesting to see which resolutions are forthcoming under the provisions of H. Res. 1752.

H.R. 6495, the Robert C. Byrd Mine Safety Protection Act of 2010, still required the ⅔ supermajority on roll call 616. It didn't get it. This measure failed by a vote of 214 to 193 with 26 Members not voting. Twenty-seven Democrats voted against the bill which needed 272 votes to satisfy the supermajority requirement.

H.R. 6495 would require operators of underground coal mines, underground metal mines, or other underground mines containing specified concentrations of flammable gasses to improve employee safety measures and comply with new standards regarding employee rights. The CBO reported that the budgetary effect of H.R. 6495 would be a reduction in the deficit of $115 million from fiscal year 2011 through 2020.

New York's fiery Democratic Representative Anthony Weiner's H.R. 4501, the Guarantee of a Legitimate Deal Act, passed the House on roll call vote 620. This bill also required a ⅔ supermajority, and it got it. The margin of victory was 324 in favor to 81 against with 28 Members not voting, 270 was needed for passage. No Democrats voted against H.R. 4501 while 85 Republicans voted for the bill.

I am astonished that Weiner didn't call this the "Glenn Beck Deceptive Gold Advertising Act." Glenn Beck has notoriously served as the huckster in chief for one of the worst gold rip off businesses. This bill defines an "online purchaser of precious metals" as a person who is in the business of purchasing jewelry or other precious metals directly from consumers and maintains a website through which such person solicits such transactions.

The legislation, if passed in the Senate, will make it unlawful for any online purchaser of precious metals to: (1) refine or otherwise permanently destroy an item of jewelry or precious metal before receiving an affirmative acceptance of such purchaser's offer from the consumer to whom the offer was made; (2) fail to promptly return to the consumer any jewelry or other precious metal if the consumer declines the purchase offer; or (3) fail to insure any shipment in an amount equal to either 60% of the melt value or the amount the consumer insured the shipment for.

Violations under this bill will be treated as unfair and deceptive acts or practices under the Federal Trade Commission Act. The Federal Trade Commission [FTC] will be required to enforce this Act as though all applicable terms and provisions of that Act were incorporated into and made a part of this Act.

Each and every House Republican voting in roll call 622 said no to America's troops. H.R. 3082, the Full-Year Continuing Appropriations Act, 2011, was back before the House after passing the Senate with an Amendment. This bill funds America's military. This bill is also the vehicle for passing the Food Safety legislation. The FDA Food Safety Modernization Act, S. 510, is incorporated as Division "D" of H.R. 3082.

H.R. 5281, the Removal Clarification Act of 2010, was back from the Senate with Amendments. This bill clarifies the judicial code about when and how to remove cases from state court to federal court when suit is filed against the United States, a federal agency or officer, or specified others; or a criminal prosecution is commenced in a state court against any of them.

This bill passed the Senate by unanimous consent. It is not controversial, it's just housekeeping. That didn't stop the House from being deeply divided. The bill passed on roll call 625 with 216 in favor and 198 against.

THE HOUSE IS GETTING READY TO GET BUSY. COMING UP - 1. H. RES. 1752, WAIVING THE "SAME DAY" REQUIREMENT WHICH TRIGGERS ⅔ SUPERMAJORITY VOTES; SENATE AMENDMENTS TO H.R. 5281; 2. THE DREAM [DEVELOPMENT, RELIEF, AND EDUCATION FOR ALIEN MINORS]ACT, 3. H.R. 3082. THE MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT OF 2010

It is obvious the House intends to finish the lame duck session of the 111th Congress on a strong note. They are preparing to waive the "same day: requirement which says if a bill is introduced on a given day, and it is brought to a vote on that same day, then it takes a ⅔ supermajority to pass the bill. Time is running out and the House leadership wants to get the business out the door.

H. Res. 1752 has three major provisions. First this will waive clause 6(a) which requires the ⅔ vote on same day bills considered under suspension of the rules. Second it applies the waiver through the legislative day of December 18th. Finally it provides that the Speaker or her designee will consult with the Minority Leader or his designee on matters for consideration by the House under H. Res. 1752. The House is planning to clear the decks and unload the ship. It ought to be an interesting few days.

The DREAM ACT is about to be appended to H.R. 5281, the REMOVAL CLARIFICATION ACT OF 2010. Removal is a legal term of art that says the lawsuit will be removed from one court and placed with another court which has superior jurisdiction. H.R. 5281 provides for the removal of cases from state courts to federal courts under two circumstances. First, any civil action against the United States or a federal agency or officer, or other persons specified by law. Second, in criminal prosecutions commenced in a state court against any of the persons or entities described above.

The DREAM Act is a whole different ball of wax. Several versions of the DREAM Act have been introduced, they are: H.R.6327, H.R.1751, H.R.6497, S.729, S.3827, S.3962, S.3963, and S.3992.

You can read the complete version of the DREAM ACT at the House Rules Committee website: http://www.rules.house.gov/111/rule/dream.pdf, it is on the second page of the pdf.

The proposed provisions apply to children brought to the United States when they were 15 years old or younger and sets a ceiling on those persons now being no more than 29 years old. These persons will be given conditional nonimmigrant status, which sounds like a societal version of equitable adoption. That means we are going to treat them like our own kids. They are excluded from excluded from receiving government subsidies to participate in the health insurance exchanges created by the Affordable Care Act. They cannot get Pell Grants.

They can get benefits by participating, that includes federal work study and student loans as well as social insurance programs to which they have contributed, as this would require them to earn or repay the money they need for their education.

Good behavior is required. Conditional nonimmigrant status must be terminated if the participant fails to continue to meet the conditions for receiving that status, including having good moral character, keeping a clean criminal record, and staying self-sufficient. If they join the military they must be discharged honorably.

After 10 years in conditional status, the Dream Act then gives this limited group of individuals the chance to earn lawful permanent resident status, but only if the applicant meets additional standards such as having paid taxes; having demonstrated the ability to read, write, and speak English and demonstrates knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States.

H.R. 3082 passed the House on July 10, 2010 by a vote of 415 to 3, that was roll call vote 529. It cleared the Senate on November 17, 2009 by a vote of 100 to 0, that was Record Vote Number 348. The Senate insisted on its Amendments and the bill went to conference.

The House is accepting the bill as amended by the Senate and adding the following Amendment.

"The House amendment freezes FY 2011 discretionary appropriations at the FY 2010 level; providing $45.9 billion less than the President requested for the year. Within that ceiling, the resolution adjusts funding between programs and accounts to deal with current demands and workloads and avoid furloughs. Overall, the resolution includes $513 billion for the Department of Defense, $4.9 billion above 2010; $75.2 billion for military construction and veterans, $1.4 billion below 2010; and $501.4 billion for all other appropriations, $3.5 billion below 2010. It also includes $159 billion for the war, as the President requested; prohibits funding for Congressional earmarks; freezes non-military Federal pay for two years, as requested by the President; and allows fee funded programs to continue to be financed from fees.

The FDA Food Safety and Modernization Act grants the Food and Drug Administration authorities it needs to better oversee the safety of the nation’s food supply. The bill includes expanded authority for FDA to inspect records relating to food, and requires FDA to increase inspections of high-risk food facilities. In addition, it provides for the creation of a more accurate registry of all food facilities serving American consumers, improved traceability of the history of food in the event of a foodborne illness outbreak, certification of certain foreign food imports as meeting all food safety requirements, and protection for whistleblowers that bring attention to important food safety information.

The Senate recently passed the Food Safety and Modernization Act with one major problem. Parts of that bill, as originated and passed in the Senate, raise revenue. All bills which raise revenue must originate in the House of Representatives. That is a Constitutional provision found in Article I § 7.