CURRENT HOUSE FLOOR PROCEEDINGS LEGISLATIVE DAY OF JUNE 23, 2011 112TH CONGRESS - SECOND SESSION en-us Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Wed, 16 Mar 2016 15:16:46 EDT Yes 8:44:55 P.M. - The House adjourned. The next meeting is scheduled for 9:00 a.m. on June 24, 2011. 8:44:54 P.M. - On motion to adjourn Agreed to by voice vote. 8:44:36 P.M. - Mrs. Roby moved that the House do now adjourn. 6:49:26 P.M. - SPECIAL ORDER SPEECHES - The House has concluded all anticipated legislative business and has proceeded to Special Order speeches. 6:43:02 P.M. - ONE MINUTE SPEECHES - The House proceeded with further one minute speeches. 6:41:39 P.M. - H.R. 2219 Committee of the Whole House on the state of the Union rises leaving H.R. 2219 as unfinished business. 6:41:30 P.M. - H.R. 2219 On motion that the Committee rise Agreed to by voice vote. 6:41:18 P.M. - H.R. 2219 Mr. Young (FL) moved that the Committee rise. 5:52:05 P.M. - H.R. 2219 GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2219. 5:51:58 P.M. - H.R. 2219 The Speaker designated the Honorable Lynn A. Westmoreland to act as Chairman of the Committee. 5:51:57 P.M. - H.R. 2219 House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 320 and Rule XVIII. 5:51:50 P.M. - H.R. 2219 Rule provides for consideration of H.R. 2219 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be read by paragraph. Bill is open to amendments. Points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived. 5:51:45 P.M. - H.R. 2219 Considered under the provisions of rule H. Res. 320. H.R. 2219 — "Making appropriations for the Department of Defense for the fiscal year ending September 30, 2012, and for other purposes." 5:50:23 P.M. - Mr. Woodall filed a report from the Committee on Rules on H. Res. 328. 5:49:57 P.M. - The Speaker announced approval of the Journal. Pursuant to clause 1, rule I, the Journal stands approved. 5:49:47 P.M. - UNFINISHED BUSINESS - The Chair announced that the unfinished business was on the question of the Speaker's approval of the Journal. 5:49:07 P.M. - H.R. 1249 The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1249. 5:48:57 P.M. - H.R. 1249 Motion to reconsider laid on the table Agreed to without objection. 5:48:57 P.M. - H.R. 1249 On passage Passed by recorded vote: 304 - 117 (Roll no. 491). 5:42:15 P.M. - H.R. 1249 On motion to recommit with instructions Failed by recorded vote: 172 - 251 (Roll no. 490). 5:24:01 P.M. - H.R. 1249 The previous question on the motion to recommit with instructions was ordered without objection. 5:19:12 P.M. - H.R. 1249 DEBATE - The House proceeded with ten minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to report the same to the House with an amendment to require the U.S. Patent Office to prioritize patent applications filed by entities that pledge to develop or manufacture their products, processes, and technologies in the U.S., including, specifically, those filed by small businesses and individuals. 5:17:03 P.M. - H.R. 1249 Mr. Miller (NC) moved to recommit with instructions to Judiciary. 5:16:13 P.M. - H.R. 1249 The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. 5:15:52 P.M. - H.R. 1249 The previous question was ordered pursuant to the rule. 5:14:58 P.M. - H.R. 1249 The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1249. 5:14:43 P.M. - H.R. 1249 On agreeing to the Schock amendment; Failed by recorded vote: 158 - 262, 1 Present (Roll no. 489). 5:11:01 P.M. - H.R. 1249 On agreeing to the Rohrabacher amendment; Failed by recorded vote: 81 - 342 (Roll no. 488). 5:07:00 P.M. - H.R. 1249 On agreeing to the Manzullo amendment; Failed by recorded vote: 92 - 329 (Roll no. 487). 5:02:47 P.M. - H.R. 1249 On agreeing to the Sensenbrenner amendment; Failed by recorded vote: 129 - 295 (Roll no. 486). 4:58:25 P.M. - H.R. 1249 On agreeing to the Conyers amendment; Agreed to by recorded vote: 223 - 198 (Roll no. 485). 4:55:20 P.M. - H.R. 1249 An amendment, offered by Mr. Conyers, numbered 9 printed in Part B of House Report 112-111 to restore language for calculation of 60-day period for application of patent term extension that the managers amendment strikes. 4:54:47 P.M. - H.R. 1249 Mr. Jackson (IL) raised a point of order. Subsequent to the completion of a roll call vote on the Conyers amendment No. 9, the final disposition was called into question and by unanimous consent, the proceedings were vacated and the Conyers amendment No. 9 was redesignated and the question of adoption was put again by the Chair de novo for a re-vote by the Committee of the Whole. 4:47:38 P.M. - H.R. 1249 On agreeing to the Baldwin amendment; Failed by recorded vote: 81 - 342 (Roll no. 483). 4:40:24 P.M. - H.R. 1249 On agreeing to the Conyers amendment; Failed by recorded vote: 105 - 316 (Roll no. 482). 4:14:01 P.M. - H.R. 1249 UNFINISHED BUSINESS - The Chair announced that the unfinished business was on the adoption of amendments which had been debated earlier and on which further proceedings were postponed. 4:13:09 P.M. - H.R. 1249 POSTPONED PROCEEDINGS - At the conclusion of debate on the Schock amendment, the Chair put t he question on adoption of the amendment and by voice vote, announced the ayes had prevailed. Mr. Smith (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. 3:59:31 P.M. - H.R. 1249 DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Schock amendment no. 15. 3:59:27 P.M. - H.R. 1249 An amendment, offered by Mr. Schock, numbered 15 printed in Part B of House Report 112-111 to strike section 18 of H.R. 1249, the Transitional program for covered business method patents. 3:58:00 P.M. - H.R. 1249 POSTPONED PROCEEDINGS - At the conclusion of debate on the Rohrabacher amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Rohrabacher demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. 3:48:13 P.M. - H.R. 1249 DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Rohrabacher amendment no. 14. 3:48:10 P.M. - H.R. 1249 An amendment, offered by Mr. Rohrabacher, numbered 12 printed in Part B of House Report 112-111 to eliminate the burden of post-grant reviews and reexaminations on individual inventors and small businesses with 100 or fewer employees. 3:47:00 P.M. - H.R. 1249 POSTPONED PROCEEDINGS - At the conclusion of debate on the Manzullo amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Manzullo demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. 3:38:13 P.M. - H.R. 1249 DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Manzullo amendment no. 13. 3:38:11 P.M. - H.R. 1249 An amendment, offered by Mr. Manzullo, numbered 13 printed in Part B of House Report 112-111 to eliminate the ability of the Director of the U.S. Patent and Trademark Office (USPTO) to set fees, retaining that authority for Congress. 3:37:00 P.M. - H.R. 1249 POSTPONED PROCEEDINGS - At the conclusion of debate on the Sensenbrenner amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. 3:26:38 P.M. - H.R. 1249 DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Sensenbrenner amendment no. 12. 3:26:35 P.M. - H.R. 1249 An amendment, offered by Mr. Sensenbrenner, numbered 12 printed in Part B of House Report 112-111 to strike Section 3 of the legislation, which would convert the U.S. patent system from `first-to-invent' to `first-to-file.' 3:25:58 P.M. - H.R. 1249 By unanimous consent, the Watt amendment was withdrawn. 3:24:27 P.M. - H.R. 1249 DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Watt amendment no. 11. 3:23:48 P.M. - H.R. 1249 An amendment, offered by Mr. Watt, numbered 11 printed in Part B of House Report 112-111 to add a severability clause protecting the remainder of the bill if the Supreme Court determines that certain sections or provisions are unconstitutional. 3:22:40 P.M. - H.R. 1249 On agreeing to the Speier amendment; Agreed to by voice vote. 3:17:33 P.M. - H.R. 1249 DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Speier amendment no. 10. 3:17:30 P.M. - H.R. 1249 An amendment, offered by Ms. Speier, numbered 10 printed in Part B of House Report 112-111 to direct the PTO to prescribe a requirement that parties provide sufficient evidence to prove and rebut a claim of derivation. 3:16:49 P.M. - H.R. 1249 POSTPONED PROCEEDINGS - At the conclusion of debate on the Conyers amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Conyers demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. 3:07:35 P.M. - H.R. 1249 DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment no. 9. 3:07:32 P.M. - H.R. 1249 An amendment, offered by Mr. Conyers, numbered 9 printed in Part B of House Report 112-111 to restore language for calculation of 60-day period for application of patent term extension that the managers amendment strikes. 3:07:11 P.M. - H.R. 1249 On agreeing to the Polis amendment; Failed by voice vote. 2:58:13 P.M. - H.R. 1249 DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Polis (CO) amendment no. 8. 2:58:10 P.M. - H.R. 1249 An amendment, offered by Mr. Polis, numbered 8 printed in Part B of House Report 112-111 to clarify that the new legislation would apply only to new tax planning patents, not already filed patents which would disclose patent information leaving the applicants vulnerable. 2:57:43 P.M. - H.R. 1249 On agreeing to the Peters amendment; Agreed to by voice vote. 2:49:45 P.M. - H.R. 1249 DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Peters amendment no. 7. 2:49:40 P.M. - H.R. 1249 An amendment, offered by Mr. Peters, numbered 7 printed in Part B of House Report 112-111 to mandate a USPTO-led study on what USPTO, SBA, and other agencies can do to help small businesses obtain, maintain, and enforce foreign patents. This study is to be conducted using existing resources. 2:48:59 P.M. - H.R. 1249 On agreeing to the Lujan amendment; Agreed to by voice vote. 2:45:45 P.M. - H.R. 1249 DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Lujan amendment no. 6. 2:45:41 P.M. - H.R. 1249 An amendment, offered by Mr. Lujan, numbered 6 printed in Part B of House Report 112-111 to add requirements to the satellite office location selection process to ensure that (1) the purposes, as described in the bill, of establishing satellite offices are achieved, (2) recruitment costs are minimized by considering the availability of knowledgeable personnel in the region, and (3) the economic impact to the region is considered. It would also require that the Director in the required report to Congress on the rationale in selecting the location of any satellite office include an explanation of how the selected location will achieve the purposes of satellite offices and how the required considerations were met. 2:45:23 P.M. - H.R. 1249 On agreeing to the Jackson Lee (TX) amendment; Agreed to by voice vote. 2:39:04 P.M. - H.R. 1249 DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment no. 5. 2:39:01 P.M. - H.R. 1249 An amendment, offered by Ms. Jackson Lee (TX), numbered 5 printed in Part B of House Report 112-111 to add a sense of Congress that it is important to protect the rights of small businesses and inventors from predatory behavior that could result in cutting off innovation and may provide an undue advantage to large financial institutions and high-tech firms. 2:38:48 P.M. - H.R. 1249 On agreeing to the Moore amendment; Agreed to by voice vote. 2:34:03 P.M. - H.R. 1249 DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Moore amendment no. 4. 2:34:01 P.M. - H.R. 1249 An amendment, offered by Ms. Moore, numbered 4 printed in Part B of House Report 112-111 to direct the USPTO to develop methods for studying the diversity of patent applicants, including those applicants who are minorities, women, or veterans. Any results of the study shall not be used for preferential treatment in the patent process. 2:33:41 P.M. - H.R. 1249 POSTPONED PROCEEDINGS - At the conclusion of debate on the Baldwin amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Ms. Baldwin demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. 2:23:36 P.M. - H.R. 1249 DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Baldwin amendment no. 3. 2:23:31 P.M. - H.R. 1249 An amendment, offered by Ms. Baldwin, numbered 3 printed in Part B of House Report 112-111 to strike Section 5, the `prior user rights' language, and conform H.R. 1249 to H.R. 1908, as passed by the U.S. House of Representatives on September 7, 2007, and S. 23, as passed by the U.S. Senate on March 8, 2011. 2:22:27 P.M. - H.R. 1249 POSTPONED PROCEEDINGS - At the conclusion of debate on the Conyers amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Conyers demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. 2:11:10 P.M. - H.R. 1249 DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment no. 2. 2:11:04 P.M. - H.R. 1249 An amendment, offered by Mr. Conyers, numbered 2 printed in Part B of House Report 112-111 to insert language to move the United States to a first to file system only upon a Presidential finding that other major patent authorities have adopted a similar one-year grace period. 2:09:28 P.M. - H.R. 1249 On agreeing to the Smith (TX) amendment; Agreed to by recorded vote: 283 - 140 (Roll no. 481). 1:51:24 P.M. - H.R. 1249 UNFINISHED BUSINESS - The Chair announced the unfinished business was on the question of adoption of an amendment which had been debated earlier and on which further proceedings were postponed. 1:51:20 P.M. - H.R. 1249 The House resolved into Committee of the Whole House on the state of the Union for further consideration. 1:51:01 P.M. - H.R. 1249 Considered as unfinished business. H.R. 1249 — "To amend title 35, United States Code, to provide for patent reform." 1:50:10 P.M. - H. Res. 320 Motion to reconsider laid on the table Agreed to without objection. 1:50:10 P.M. - H. Res. 320 On agreeing to the resolution Agreed to by recorded vote: 251 - 173 (Roll no. 480). 1:33:50 P.M. - H. Res. 320 On ordering the previous question Agreed to by the Yeas and Nays: 247 - 168 (Roll no. 479). 12:31:08 P.M. - H. Res. 320 DEBATE - The House proceeded with one hour of debate on H. Res. 320. 12:30:56 P.M. - H. Res. 320 Considered as privileged matter. H. Res. 320 — "Providing for consideration of the bill (H.R. 2219) making appropriations for the Department of Defense for the fiscal year ending September 30, 2012, and for other purposes." 12:28:47 P.M. - ONE MINUTE SPEECHES - The House resumed one minute speeches. 12:26:41 P.M. - The Speaker laid before the House a message from the President transmitting a notification of the continuance of the national emergency with respect to the Western Balkans -referred to the Committee on Foreign Affairs and ordered to be printed (H. Doc. 112-41). 12:24:30 P.M. - The Speaker laid before the House a message from the President transmitting a notification of the continuance of the national emergency with respect to the proliferation of weapons-usable fissile material on the Korean Peninsula and the actions and policies of the Government of North Korea that destabilize the Korean Peninsula - referred to the Committee on Foreign Affairs and ordered to be printed (H. Doc. 112-40). 12:04:22 P.M. - ONE MINUTE SPEECHES - The House proceeded with one minute speeches which by direction of the Chair, would be limited to 15 per side of the aisle. 12:03:03 P.M. - ADJUSTMENT OF WHOLE NUMBER OF HOUSE - Under clause 5(d) of Rule XX, the Chair announced to the House that, in light of the resignation of the Gentleman from New York, the whole number of the House is 432. 12:02:27 P.M. - The House received a communication from Cesar A. Perales, Secretary of State, State of New York. Mr. Perales informed the House he had received the resignation of Anthony D. Weiner as New York's 9th Congressional District Representative in the United States House of Representatives. The New York State Department of State filed the letter on June 20, 2011. A copy of Mr. Weiner's letter of resignation was attached. 12:02:04 P.M. - PLEDGE OF ALLEGIANCE - The Chair designated Mr. Altmire to lead the Members in reciting the Pledge of Allegiance to the Flag. 12:01:27 P.M. - SPEAKERS APPROVAL OF THE JOURNAL - The Chair announced that he had examined the Journal of the last day's proceedings and had approved it. Mr. Hultgren demanded that the question be put on agreeing to the Speaker's approval of the Journal and by voice vote, the Chair announced that the ayes had prevailed. Mr. Hultgren objected to the voice vote based upon the absence of a quorum and the Chair postponed further proceedings on the question of agreeing to the Speaker's approval of the Journal until later in the legislative day. 12:01:08 P.M. - Today's prayer was offered by the House Chaplain, Rev. Patrick J. Conroy. 12:00:04 P.M. - The House convened, returning from a recess continuing the legislative day of June 23. 11:12:19 A.M. - The Speaker announced that the House do now recess. The next meeting is scheduled for 12:00 P.M. today. 10:01:23 A.M. - MORNING-HOUR DEBATES - The House proceeded with Morning Hour Debates. At the conclusion of Morning Hour, the House will recess until 12:00 p.m. for the start of legislative business. 10:00:45 A.M. - The Speaker designated the Honorable Michael G. Fitzpatrick to act as Speaker pro tempore for today. 10:00:32 A.M. - The House convened, starting a new legislative day.