DREAM ACT GETS STALLED - DON'T ASK DON'T TELL IS REPEALED - JUDGES GET CONFIRMED - AND THE SENATE STARTS WORK ON PASSING THE NEW START TREATY

H.R. 5281, the Removal Clarification Act of 2010 became the vehicle for the DREAM Act when the House amended the bill on December 8th. Technically, that was on a motion to agree to two Senate amendments and that the House agree to the Senate amendment numbered 3 with an amendment, which was the DREAM Act.

Since leaving the House the bill has been the subject of debate in the Senate. Saturday the Senate rejected a Motion to Invoke Cloture on a Motion to Concur in the House Amendment to the Senate Amendment No. 3 to H.R. 5281- the DREAM Act.

South Carolina's Republican Senator Jim DeMint has proposed Senate Amendment 4844 to H.R. 5281. His response to the DREAM Act is to build the border fence. Specifically he wants a fence that works. His amendment says: "Fencing that does not effectively restrain pedestrian traffic (such as vehicle barriers and virtual fencing) may not be used to meet the 700-mile fence requirement under this subparagraph.''

Senator DeMint wants it done quickly. His amendment provides that: "not later than 1 year after the date of the enactment of the DREAM Act of 2010, complete the construction of all the reinforced fencing and the installation of the related equipment described in subparagraph (A).''

Senator Reid introduced a series of "Second Degree" Amendments that do not affect the substance of the legislation. They renumber certain sections in the bill.

The Senate failed to invoke cloture on Record Vote number 278.

On the next Record Vote, number 279, the Senate did Invoke Cloture, cutting off debate on the Motion to Concur in the House Amendment to the Senate Amendment to H.R. 2965; SBIR/STTR Reauthorization Act of 2009.

That was the amendment of the Small Business Bill making it the Don't Ask Don't Tell Bill. Seven amendments were submitted by the Senate. The first two, Senate Amendments 4827 and 4828 by Senator Reid, were withdrawn. The next three, Senate Amendments 4829, 4830, and 4831 by Senator Reid, fell when cloture was invoked on the motion to agree to the House amendment to Senate amendment. Senator McCain submitted Senate Amendments 4837 and 4838, which were not acted upon. The repeal of Don't Ask Don't Tell passed the Senate on Record Vote number 281 by a margin of 65 in favor to 31 opposed with 4 Senators not voting.

Among the not voting group was West Virginia's Democratic Senator Joe Manchin. All of the Senators opposed to the repeal of Don't Ask Don't Tell and the remaining three Senators who did not vote were Republicans. Eight Republican Senators voted with the Democrats to repeal Don't Ask Don't Tell.

Two Judicial Nominations were confirmed by the Senate on Saturday and Sunday. The Senate Confirmed Ellen Lipton Hollander, of Maryland, to be a United States District Judge and Raymond Joseph Lohier, Jr., of New York, to be a U.S. Circuit Judge for the Second Circuit Court of Appeals. Judge Hollander was confirmed on Record Vote number 280 and Judge Lohier was confirmed on Record Vote number 284.

The Senate finally took up the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed in Prague on April 8, 2010, with Protocol.

Senator McCain and Senator Risch each had an amendment rejected by the Senate as deliberation of the New START Treaty began in earnest on Sunday. Senate Amendment 4814, by Senator McCain wanted to strike language from the preamble of the treaty. Specifically he wanted to strike: " Recognizing the existence of the interrelationship between strategic offensive arms and strategic defensive arms, that this interrelationship will become more important as strategic nuclear arms are reduced, and that current strategic defensive arms do not undermine the viability and effectiveness of the strategic offensive arms of the Parties." Senate Amendment 4814 was rejected on Record Vote 282 by a margin of 37 in favor to 59 opposed with 4 Senators not voting.

Senator Risch also wanted to amend the preamble of the treaty. Senate Amendment 4839 proposed inserting this language: "Acknowledging there is an interrelationship between non-strategic and strategic offensive arms, that as the number of strategic offensive arms is reduced this relationship becomes more pronounced and requires an even greater need for transparency and accountability, and that the disparity between the Parties' arsenals could undermine predictability and stability." Rejection of Senate Amendment 4839 came on Record Vote 283 by a margin of 32 in favor to 60 opposed with 8 Senators not voting.

THE DREAM ACT, THE HOPE ACT, & SETTLING LAWSUITS APPEAR ON THE SENATE HORIZON NEXT WEEK

Politico.com's the Huddle is reporting that Senator Majority Leader Harry Reid will bring up three measures next week: the DREAM Act, a bill to give permanent resident status to Haitian orphans now living in the U.S., and, hopefully, a Pigford/Cobell settlement measure.

S.3827, the Development, Relief and Education for Alien Minors Act, or DREAM Act, was introduced by Democratic Senator Richard Durbin of Illinois, with two cosponsors. The premise is simple, we don't throw the babies out with the bathwater. This bill speaks to the issues faced by children of illegal aliens.

The Congressional Research Summary, CRS, provides this summary of the bill. The DREAM Act amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 by repealing the provision making unlawful aliens ineligible for higher education benefits based on state residence unless a U.S. citizen or national is eligible for such benefits without regard to state residence.

Authorizes the Secretary of Homeland Security (DHS) to cancel the removal of, and adjust to conditional permanent resident status, an alien who: (1) entered the United States before his or her 16th birthday and has been present in the United States for at least five years immediately preceding this Act's enactment; (2) is a person of good moral character; (3) is not inadmissible or deportable under specified grounds of the Immigration and Nationality Act; (4) has been admitted to an institution of higher education (IHE) or has earned a high school or equivalent diploma; (5) from the age of 16 and older, has never been under a final order of exclusion, deportation, or removal; and (6) was under age 35 on the date of this Act's enactment.

Requires aliens to apply for such adjustment of status within one year of being admitted to an IHE or earning a high school or equivalent diploma. Sets forth conditions for maintaining such status and having its conditional basis removed.

Authorizes an alien who has satisfied the appropriate requirements before this Act's enactment to petition the Secretary for conditional permanent resident status.

Provides for: (1) exclusive jurisdiction; (2) penalties for false application statements; (3) confidentiality; (4) higher education assistance; and (5) a Government Accountability Office (GAO) report respecting the number of aliens adjusted under this Act.

When you stop and think about the investment taxpayers have in each and every child going through our public school systems it seems to be less than intelligent to start throwing away these perfectly good and well educated kids. Plus doing so is just plain cruel. Most often these kids don't know anyone in the homeland of their ancestors, don't speak the language, and are put at risk by being strangers in a strange land.

Senator Durbin's DREAM Act has several related bills. They are H.R.1751, H.R.6327, S.729, S.3962, S.3963.

The bill relating to Haitian orphans appears to be in the drafting phase over in the Senate. I suspect it will look a lot like H.R. 4603, the Haitian Orphan Placement Effort Act, or HOPE Act. which was introduced by Republican Representative Peter Hoekstra of Michigan, along with 21 cosponsors. H.R. 4603 was introduced in February and has been languishing in the House Judiciary Committee.

The HOPE Act, according to the CRS, will expand the humanitarian parole policy for certain Haitian orphans announced on January 18, 2010, so as to apply it on a case-by-case basis to children who were legally confirmed as orphans eligible for intercountry adoption by the government of Haiti before January 12, 2010.

Those children from earthquake ravaged Haiti who were left parentless will have the chance at a full life as the adopted sons and daughters of American families.

The Pigford/Cobell settlement will probably be either S. 3693 or S.3794. S. 3693 is Iowa Republican Senator Chuck Grassley's bill. According to the CRS this bill appropriates to the Department of Agriculture $1.15 billion to carry out the terms of a Settlement Agreement executed by In re Black Farmers Discrimination Litigation that is approved by a court order that has become final and nonappealable, and that is comprehensive and provides for the final settlement of all remaining Pigford claims (relating to a racial discrimination action against the Department of Agriculture). Provides that the $1.15 billion shall be in addition to the $100 million in funds of the Commodity Credit Corporation (CCC) made available for the payment of Pigford claims and are available only after such CCC funds have been fully obligated. Provides that if such Settlement Agreement is not executed and approved as provided above, then the sole funding available for Pigford claims shall be the $100 million of CCC funds.

The related bill, S. 3754, was introduced by Wyoming's Republican Senator John Barrasso. This bill settles not only the Pigford litigation, as does Senator Grassley's bill, but also settles the case of Elouise Cobell et al. v. Ken Salazar et al.

According to the CRS the Cobell part of Barrasso's bill will Establishes the Trust Land Consolidation Fund, and provides for the deposit of $2 billion in the Fund, on final approval of the Settlement, with funds being made available to the Secretary of the Interior: (1) to conduct the Land Consolidation Program (a program under which the Secretary may purchase fractional interests in trust or restricted land); and (2) for other costs of the Settlement.

Establishes, on final approval of the Settlement, the Indian Education Scholarship Holding Fund to provide scholarships for Native Americans through an Indian Education Scholarship Fund.

Excludes amounts received by an individual Indian as a lump sum or a periodic payment pursuant to the Settlement from: (1) gross income and adjusted gross income under the Internal Revenue Code; and (2) being considered for purposes of determining eligibility or level of benefits under any federal or federally assisted program, during the one-year period beginning on the date of receipt.

Provides for the determination of incentive awards, fees, expenses, and costs under the Settlement. Elouise Cobell et al. v. Ken Salazar et al was a case in which the United States has been found to have breached its fiduciary duties in respect to monies held in trust for the benefits of certain Indians. This was a class action lawsuit.

If the Senate can pass these measures then Harry Reid is off to a good start in winding up the business of the 111th Congress.