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!

H.R. 4853 AS AMENDED BY THE SENATE FACES AMENDMENT IN THE HOUSE ON THE ISSUE OF THE FAT CAT ESTATE TAX BOONDOGGLE

H.R. 4853, the Middle Class Tax Relief Act, sailed through the Senate after Congressional Republicans struck a deal with the President assuring the FAT CAT TAX BOONDOGGLE would not go quietly into that night of nights. Yesterday the Rules Committee issued H. Res. 1766, accompanied by Report Number 111-682, which, inter alia, summarizes H. Res. 1766.

The Resolution provides for consideration of the Senate Amendment to the House Amendment to the Senate Amendment to the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, as H.R. 4853 is now being called.

The Chairman and Ranking Member of the House Ways and Means Committee will control the equally divided three hours of debate of the bill on the House floor.

The Resolution makes in order a motion to be offered by the Chairman of the House Ways and Means Committee that the House concur in the Senate Amendment to H.R. 4853, as passed by the House on December 2nd. That was Roll Call Number 604 when the House agreed with an amendment to the Senate amendment. That's why you are now getting the strange legislative lingo of considering a Senate Amendment to a House Amendment to a Senate Amendment. H.R. 4853 has become a proverbial ping pong ball being bounced and amended between the chambers.

This Rule did not sail smoothly through the Rules Committee. California's Republican Representative wanted to make all submitted amendments open to debate on the floor. That failed on Rules Committee Record Vote 516. Next up was Indiana's Republican Representative Mike Pence who wanted to MAKE PERMANENT the FAT CAT TAX BOONDOGGLE. The Pence Amendment was introduced by North Carolina's Republican Representative Dr. Foxx. That failed by on Rules Committee Record Vote 517. Here is your barometer forecasting Republican Tax Policy in the 112th Congress. Mr. President, make ready your veto pen!

The House Amendment, proffered by North Dakota's Democratic Representative Earl Pomeroy takes aim at the two-year extension of the 2009 estate tax law. The amendment strikes Title III of the Senate Amendment to H.R. 4853 and amends the bill to provide two years of estate tax relief at 2009 levels. In calendar years 2011 and 2012 the estate tax exemption amount would be $3.5 million ($7 million for a married couple) and the maximum tax rate on estates would be 45%.

The Amendment provides estates from decedents in 2010 with the option to elect treatment under the 2009 levels or under current law for tax purposes. This was the taxpayer can look at the provisions of the tax code which treats them most favorably and lets them make a choice. This election allows estates to receive a step up in basis on inherited property rather than the 2010 carryover basis rules. A step up in basis is preferred when minimizing tax liability.

The exemption level and rate are consistent with the estate tax proposal included in the President's FY2010 and FY2011 budgets. Under the Senate Amendment to H.R. 4853, the bill provides two years of estate tax relief with a $5 million estate tax exemption ($10 million for married couples) and a maximum rate of 35%. This Amendment saves $23 billion and affects a mere 6,600 estates in 2011. These 6,600 estates would receive an average additional tax cut of more than $1.5 million each under the Senate bill.

Report Number 111-682 containing the language of the House Amendment to the Senate Amendment to the House Amendment of H.R. 4853 can be found online at: http://www.rules.house.gov/111/RuleRpt/111_satohatosatohr4853_rpt.pdf.

CLOTURE NOT INVOKED ON H.R. 4853 - TWO VOTES EACH FAIL BY A SINGLE VOTE

Cloture requires a 3/5 majority of Senators present and voting to terminate debate on a bill. Saturday, Senate Republicans were able to thwart the Middle Class Tax Cut Extension by a single vote.

The votes came on two Senate Amendments, the first was on S. Amendment 4727 to H.R. 4853. This is the Amendment by Senator Baucus, and others, tying provisions of expensing depreciable assets for Small Businesses to the Patient Protection and Affordable Care Act. If this amendment passes any repeal of §10909 of the Health Care Reform law will trigger an extinction of this tax break for Small Businesses. The vote was 53 Senators for invoking cloture and 36 against. Do the math 53 + 36 = 89; 89 / 5 = 17.8; 17.8 * 3 = 53.4. 54 votes were needed to invoke cloture. The Republicans needed to yield only 1 vote to provide certainty that no one's taxes would go up and that everyone would get the Bush Era tax break on the first quarter of a million dollars of reported income.

Senators voting for invoking cloture were:

Akaka (D-HI), Baucus (D-MT), Bayh (D-IN), Begich (D-AK), Bennet (D-CO), Bingaman (D-NM), Boxer (D-CA), Brown (D-OH), Cantwell (D-WA),
Cardin (D-MD), Carper (D-DE), Casey (D-PA), Conrad (D-ND), Coons (D-DE), Dodd (D-CT), Dorgan (D-ND), Durbin (D-IL), Feinstein (D-CA), Franken (D-MN), Gillibrand (D-NY), Hagan (D-NC), Harkin (D-IA), Inouye (D-HI), Johnson (D-SD), Kerry (D-MA), Klobuchar (D-MN), Kohl (D-WI),
Landrieu (D-LA), Lautenberg (D-NJ), Leahy (D-VT), Levin (D-MI), Lincoln (D-AR), McCaskill (D-MO), Menendez (D-NJ), Merkley (D-OR), Mikulski (D-MD), Murray (D-WA), Nelson (D-FL), ,Pryor (D-AR), Reed (D-RI),
Reid (D-NV), Rockefeller (D-WV), Sanders (I-VT), Schumer (D-NY),
Shaheen (D-NH), Specter (D-PA), Stabenow (D-MI), Tester (D-MT),
Udall (D-CO), Udall (D-NM), Warner (D-VA), Whitehouse (D-RI), and
Wyden (D-OR).

Senators voting against ending debate by invoking cloture were:

Alexander (R-TN), Barrasso (R-WY), Bennett (R-UT), Bond (R-MO), Brown (R-MA), Brownback (R-KS), Coburn (R-OK), Cochran (R-MS), Collins (R-ME), Corker (R-TN), Crapo (R-ID), DeMint (R-SC), Ensign (R-NV), Enzi (R-WY), Feingold (D-WI), Graham (R-SC), Grassley (R-IA), Hatch (R-UT),

Johanns (R-NE), Kirk (R-IL), Kyl (R-AZ), LeMieux (R-FL), Lieberman (ID-CT), Lugar (R-IN), Manchin (D-WV), McCain (R-AZ), McConnell (R-KY),

Murkowski (R-AK), Nelson (D-NE), Risch (R-ID), Roberts (R-KS), Shelby (R-AL), Snowe (R-ME), Thune (R-SD), Webb (D-VA), Wicker (R-MS),

Those Senators who didn't vote were:

Bunning (R-KY), ,Burr (R-NC), Chambliss (R-GA), Cornyn (R-TX), Gregg (R-NH), Hutchison (R-TX), Inhofe (R-OK), Isakson (R-GA), Sessions (R-AL), Vitter (R-LA), and Voinovich (R-OH).

Joe Lieberman didn't surprise me. That Joe Lieberman is permitted to caucus with the Democrats does puzzle me. But Senator Jim Webb has me puzzled. This isn't anything difficult with which the Senator from Virginia should struggle. This isn't like Don't Ask Don't Tell. This is telling the vast majority of American taxpayers that they get their tax break. Come On, Man.

Nebraska's Ben Nelson has veered back off the reservation again. I realize that his state has a lot of old people whose minds are distorted by demagoguery from FOX Fantasy. But Ben isn't leading. Ben fancies himself  a broker. The problem is every time he cuts a big deal it gets squashed. Remember the trauma he put us through on Health Care? Come On, Man.

And last but not least is West Virginia's Junior Senator Joe Manchin. For God's sake Joe, are you really going to stake out territory supporting those who spent thousands upon thousands of dollars to make sure you'd never make it to Washington?

Joe, if you think those fat cats are going to forgive and forget their monetary and political losses at your hands in Campaign 2010 by this lame gesture then you're more naive than the President thinking the Republicans are now going to start making decisions based on the best interests of the nation, rather than politics. Come On, Man,

The Next vote came on invoking cloture on S. Amendment 4728. That is an amendment proposed by Senator Schumer to modify the tax extension and extend the FAT CAT TAX BOONDOGGLE to those reporting a threshold income of $1,000,000 rather than the $250,000 limit set by the House of Representatives. The Party of No said no to this as well.

Senators voting to invoke cloture were:

Akaka (D-HI), Baucus (D-MT), Bayh (D-IN), Begich (D-AK), Bennet (D-CO), Bingaman (D-NM), Boxer (D-CA), Brown (D-OH), Cantwell (D-WA),

Cardin (D-MD), Carper (D-DE), Casey (D-PA), Conrad (D-ND), Coons (D-DE), Dodd (D-CT), Dorgan (D-ND), Feinstein (D-CA), Franken (D-MN), Gillibrand (D-NY), Hagan (D-NC), Inouye (D-HI), Johnson (D-SD), Kerry (D-MA), Klobuchar (D-MN), Kohl (D-WI), Landrieu (D-LA), Lautenberg (D-NJ), Leahy (D-VT), Levin (D-MI), Lincoln (D-AR), Manchin (D-WV),

McCaskill (D-MO), Menendez (D-NJ), Merkley (D-OR), Mikulski (D-MD),

Murray (D-WA), Nelson (D-FL), Nelson (D-NE), Pryor (D-AR), Reed (D-RI), Reid (D-NV), Sanders (I-VT), Schumer (D-NY), Shaheen (D-NH),

Specter (D-PA), Stabenow (D-MI), Tester (D-MT), Udall (D-CO), Udall (D-NM), Warner (D-VA), Webb (D-VA), Whitehouse (D-RI), and Wyden (D-OR).

Senators voting against cloture were:

Alexander (R-TN), Barrasso (R-WY), Bennett (R-UT), Bond (R-MO), Brown (R-MA), Brownback (R-KS), Coburn (R-OK), Cochran (R-MS), Collins (R-ME), Corker (R-TN), Crapo (R-ID), DeMint (R-SC), Durbin (D-IL), Ensign (R-NV), Enzi (R-WY), Feingold (D-WI), Graham (R-SC), Grassley (R-IA),

Harkin (D-IA), Hatch (R-UT), Johanns (R-NE), Kirk (R-IL), Kyl (R-AZ),

LeMieux (R-FL), Lieberman (ID-CT), Lugar (R-IN), McCain (R-AZ),

McConnell (R-KY), Murkowski (R-AK), Risch (R-ID), Roberts (R-KS),

Rockefeller (D-WV), Shelby (R-AL), Snowe (R-ME), Thune (R-SD),

Voinovich (R-OH), and Wicker (R-MS).

Senators not voting were:

Bunning (R-KY), Burr (R-NC), Chambliss (R-GA), Cornyn (R-TX), Gregg (R-NH), Hutchison (R-TX), Inhofe (R-OK), Isakson (R-GA), Sessions (R-AL), and Vitter (R-LA).

Senator Tom Harkin [D-Ia], Senator Dick Durbin [D-Il], Senator Russ Feingold [D-Wi], and Senator Jay Rockefeller [D-WV] went from yes to no on this vote. Good for them. These FAT CATS got Wall Street De-regulation over a period of years, and these tax cuts from George W. Bush. Not only did they not create jobs, they nearly sent the global economy spinning off its axis. The Middle Class Tax Cuts will cost America $1.5 trillion. Any additional borrowing to enhance the greed of the richest American taxpayers is uncalled for.

No Republicans voted to invoke cloture on either Amendment to H.R. 4853. The Republicans don't intend to compromise, they never did, they never will until the American people figure out their game and send them packing to the lands now occupied by the Whigs and the Federalists.

The Buddhist monk said everything has a beginning and everything has an ending. Now may be the beginning of the ending of the Republican Party.

The vote on the compromise amendment was 53 in favor, 37 opposed, and 10 not voting. Doing the math we see why it failed the 3/5 majority required. 53 + 37 = 90; 90 / 5 = 18; 18 * 3 = 54. Once again a Senator short.

S. 3307, H.R. 4853, WEAK REPUBLICAN ARGUMENTS, SENATE AMENDMENTS, & CLOTURE RULES

Representative Rob Andrews, [D-NJ]

Kudos to New Jersey's Democratic Representative Rob Andrews for concisely and correctly framing the issues of the day. During debate on S. 3307, from the Congressional Record:

Mr. ANDREWS. Mr. Speaker, the Senate unanimously passed this bill. Unanimously. I think I understand why, because they understood what I hope we understand today is the choice that is in front of the country. You can understand that choice by thinking about where two Americans are at this moment.

One of them is a second grader who just went through her paces and classes for the morning. It's now time for lunch. This bill says no matter how much money her mother and father make, she is going to get a nutritious, wholesome meal to fuel her for the rest of the day. And, yes, that is going to cost $4 billion, which is offset by cuts in other areas of the budget.

The second American is the leader of a huge hedge fund on Wall Street. He is on his way to lunch at the priciest restaurant in Manhattan, maybe a $200 or $300 lunch. One of the other issues before the Congress this week is whether he should get a tax cut that over the years will cost a dollar for every penny that this bill costs. These are the two Americans whose considerations are before the House today.

The Republican arguments against S. 3307 all came from House Republicans. This bill came from the Senate with unanimous approval by all Senators voting. That's not going to stop the Party of No which is about to become the Party of No Governance. House Republicans argued that the bill was too costly and that the Federal Government has no role to play in telling anyone school children have to eat nutritional meals, which are subsidized by the Federal Government.

Remember that Republicans want to borrow $700 billion over the next decade to finance the Fat Cat Tax Boondoggle and now they balk at subsidizing school lunches. 22% of our schoolchildren are hungry. The bi-partisan plan the Senate developed addresses how to get nutritious food to the kids.

What does the Congressional Budget Office say about the cost of S. 3307? Well, over the next decade is it not only not going to cost $700 billion it is projected to decrease the deficit by $12 million to $14 million. Senate 3307 is tackling two problems. It is getting nutritious food to children and it is putting the brakes on deficit spending. See, http://www.cbo.gov/cedirect.cfm?bill=s3307&cong=111.

Face it, we've got to slow the growth of deficit spending before we get anywhere close to being deficit neutral or actually tackling the debt, House Republicans are just waving the spending is evil flag and ignoring the facts. That's called demagoguery, not leadership, not governing, and it results in another vote where they demonstrate that they are willing to throw the babies out with the bathwater.

That second argument might have merit if the Federal Government did not already have an on-going program being administered through the States providing school lunches. A law or rule telling someone that they can't have junk food served at the public expense is essentially making and enforcing health policy. "Police Powers" give the States authority to regulate for the benefit of the public's health. The Federal Government does not have this authority and operates only on the grants of authority expressly made by the Constitution.

The argument loses traction because the Federal Government is not making the policy in a vacuum. If it were unconstitutional for the Federal Government to be engaged in subsidizing school lunches we would have heard about it before. The Republicans aren't arguing that, today. They're just arguing that the Federal Government shouldn't require the Federal dollars to be wisely spent by the States.

So where does the Federal Government find this authority to regulate for the health of schoolchildren? Take a look at 42 U.S.C. §1751. That's the codified declaration of policy for the school lunch program. It says: "It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation's children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs.

Congress properly sees children as an essential component in national security. Protecting our children by safeguarding their health and well-being means that this nation will have future generations prepared to live full and free lives.

The Republicans, however, argue that if the States want to have their children eating high starch, high fat, and high sugar foods with little protein and less fiber, then get Uncle Sam off their backs! And these people were actually elected to Congress!

S. 3307 passed the House on roll call vote 603 by a margin of 264 to 157 with 13 Members not voting. Not all House Republicans voted against this bill. 16 Republicans broke with their leadership. Good for them.

The lady filling the office of Representative to Congress from Kansas' Second Congressional District (where I live), Lynn Jenkins, voted against school children getting nutritious lunches. Lynn Jenkins does not represent us.

Then came the second part of Representative Andrews premise, the Middle Class Tax Cuts which do not extend the Bush Era tax cuts for incomes above $250,000.

H.R. 4853 is now known as the Middle Class Tax Relief Act of 2010. When it left the Senate it was called the Airport and Airway Extension Act of 2010, Part III. John Boehner, the Speaker of the House - designate, calls it the Chicken Crap Act. I think John probably knows a lot about Chicken Crap. He's just ticked off because he can't run the clock on the 111th Congress and grind the government to a complete standstill unless he can deliver for the top 2% of America's wealthiest. Make no mistake about it, the Democrats are fighting for the first 98% of us and the Republicans are fighting hard as hell for the top 2%.

When H.R. 4853 came back to the House an amendment was added providing, among other things, that everyone, all 100% of us, filing income tax returns would get the extension of the Bush Era tax cuts on the first quarter of a million dollars of taxable income. That's not good enough for Boehner and the Party of No.

There is a hard truth Boehner, Jenkins, and the Republicans won't tell you. We have to finance all of our tax cuts. The Middle Class Tax Cuts will cost us and drive up the deficit by "$145 billion in fiscal year 2011, by $203 billion in 2012, and by $1.5 trillion over the 2011-2020 period," according to the CBO. If we added the FAT CAT TAX BOONDOGGLE to the equation then we'd be adding the additional $700 billion to that $1.5 trillion. That means the Republicans want to start off by plunging us $2.2 trillion further into the hole before agreeing to anything more. And if we did that there wouldn't be any money left with which to govern. See, http://www.cbo.gov/cedirect.cfm?bill=hr4853&cong=111, for the CBO estimate on the tax cut.

H.R. 4853 passed the House on roll call vote 604. The margin was 234 to 188. Three Republicans joined the Democrats to pass this bill and send it back to the Senate. Now Senate Republicans will have to vote to let the measure come to the floor. Will Senate Republicans cut off their noses to spite their faces? Or are they serious about governing?

If H.R. 4853 goes to the Senate floor it looks like it will be amended. So far five amendments are sitting in the Senate hopper. They were each introduced on December 2nd.

S. Amendment 4727 was introduced by Senator Max Baucus of Montana and cosponsored by Senators Rockefeller, Kerry, Carper, Stabenow, Schumer, Menendez, and Bingaman. The express purpose of S.Amend.4727 is to change the enactment date. This appears to relate to §201, INCREASED LIMITATIONS ON EXPENSING BY SMALL BUSINESSES OF CERTAIN DEPRECIABLE ASSETS. The House version, as passed, sets the date for this section "to taxable years beginning after December 31, 2011". This Senate Amendment ties this section "s if included in section 10909 of the Patient Protection and Affordable Care Act". This appears to have the effect of making the tax extensions retroactive to "taxable years beginning after December 31, 2009". This means that if Republicans try to repeal Health Care Reform, that they will shoot themselves in the foot with a tax cut extension for small businesses.

S. Amendment 4728 was introduced by Senator Schumer together with Senators Menendez and Stabenow. The express purpose of the amendment says that it is perfecting in nature. This amendment removes the airport provisions from the bill and makes it a standalone tax cut bill. This amendment is a compromise on the FAT CAT TAX BOONDOGGLE. Rather than set the threshold for everyone at $250,000, these Democratic Senators want to compromise at $1,000,000. Really? Reporting a million dollar income makes you middle class? Really!

Senate Amendment 4729 was proposed by the Majority Leader, Senator Reid. His amendment calls for a study. Senator Reid wants to have a study which includes "specific information on the impact of the delay in extending the tax cuts'' Come on Harry. If the House and Senate haven't figured out the impact of delays in extending the Bush era tax cuts then the public is right in its lack of confidence in the institution.

Senate Amendment 4730 also comes from Senator Reid, this one is in the nature of a perfecting amendment. This is an amendment to his original amendment. By now I am thinking that these piddling amendments are place holders so Senator Reid can do some parliamentary finagling.

Senate Amendment 4731is another Senator Reid amendment. Other than place holding for some future wrinkle in the law it offers no real substance.

Now a word on cloture. Cloture is the device the Senate uses to terminate debate. Current Senate Rules require a supermajority of 60 votes to terminate debate so that the bill can go to a final vote. Senate Amendments 4727 and 4728 are subject to cloture motions as of December 2nd. Under current rules cloture rules are ignored for one full day during which the Senate is sitting. These cloture motions were filed on Thursday, they were ignored on Friday. Today is Saturday, and that my friends may be why Senator Reid, with the clock running down, has the Senate sitting today.

NEXT UP: THE HOUSE CONSIDERS THE MIDDLE CLASS TAX CUTS BILL

H. Res. 1745 is the Rule providing for consideration of H. R. 4853, the Airport and Airway Extension Act of 2010, Part III. That's correct the Middle Class Tax Cut Bill is going back to the Senate as part of the Airport and Airway Extension Act. Suddenly the 111th Congress' lame duck session looks a lot less lame.

A brief history on H.R. 4853 shows us that the bill was introduced in the House on March 16th by Minnesota's Democratic Representative James Oberstar and passed by voice vote on March 17th. The bill made its way to the Senate where it was passed with an Amendment by Unanimous Consent on September 23rd.

North Dakota's Democratic Senator Byron Dorgan proposed Senate Amendment 4656 to H. R. 4853 for West Virginia's Democratic Senator John D. Rockefeller. The Amendment was in the nature of a substitute. The nature of H. R. 4853 was not changed by the Rockefeller Amendment.

The House Amendment provides for a Two year extension of alternative minimum tax relief; Permanent extension of marginal individual income tax rate reduction for middle-class taxpayers; Permanent reduced capital gains and dividend tax relief for middle-class taxpayers; Permanent extension of EGTRRA and ARRA improvements to child tax credit; Permanent extension of PEP and Pease relief for middle-class taxpayers; Permanent marriage penalty relief for middle-class taxpayers; Permanent earned income tax credit simplification and increase; Permanent extension of education tax incentives; Permanent extension of tax benefits for families and children; and Permanent extension of enhanced small business expensing.

Under this Amendment the threshold for the tax break will be the first $250,000 of earned income. Everyone who earns income will get a permanent tax cut on the first $250,000 of their income. If you report earned income more than $250,000 then you pay the increased tax rate only on the amount in excess of $250,000.

Most importantly this Amendment does not extend the Bush era FAT CAT TAX BOONDOGGLE.

The text of the full Amendment is available online at the Library of Congress' website, THOMAS: http://rules.house.gov/SpecialRules_details.aspx?NewsID=4782. Follow the link at the bottom of the page.