[Congressional Record Volume 157, Number 91 (Thursday, June 23, 2011)]
[Daily Digest]
[Pages D686-D688]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 43 public bills, H.R. 2305-
2347; and 4 resolutions, H. Con. Res. 62; and H. Res. 327, 329-330 were 
introduced.                                              
  Pages H4525-28
Additional Cosponsors:                                   
  Pages H4529-30
Reports Filed: Reports were filed today as follows:
  H. Res. 328, providing for consideration of the joint resolution 
(H.J. Res. 68) authorizing the limited use of the United States Armed 
Forces in support of the NATO mission in Libya; and providing for 
consideration of the bill (H.R. 2278) to limit the use of funds 
appropriated to the Department of Defense for United States Armed 
Forces in support of

[[Page D687]]

North Atlantic Treaty Organization Operation Unified Protector with 
respect to Libya, unless otherwise specifically authorized by law (H. 
Rept. 112-114);
  H.R. 828, to amend title 5, United States Code, to provide that 
persons having seriously delinquent tax debts shall be ineligible for 
Federal employment, with an amendment (Rept. 112-115);
  H.R. 1470, to amend title 5, United States Code, to extend the 
probationary period applicable to appointments in the civil service, 
and for other purposes, with an amendment (Rept. 112-116); and
  H.J. Res. 1, proposing a balanced budget amendment to the 
Constitution of the United States, with an amendment (Rept. 112-117). 
                                                             Page H4525
Speaker: Read a letter from the Speaker wherein he appointed 
Representative Fitzpatrick to act as Speaker pro tempore for today. 
                                                             Page H4463
Recess: The House recessed at 11:12 a.m. and reconvened at 12 noon. 
                                                             Page H4471
Journal: The House agreed to the Speaker's approval of the Journal by 
voice vote.                                       
  Pages H4472, H4505-06
Member Resignation: Read a letter from Cesar A. Perales, Secretary of 
State, State of New York, wherein he notified the House that he 
received the resignation of Anthony D. Weiner as New York's Ninth 
Congressional District Representative in the United States House of 
Representatives.                                             
  Page H4472
Whole Number of the House: The Speaker announced to the House that, in 
light of the resignation of the gentleman from New York, Mr. Weiner, 
the whole number of the House is 432.                        
  Page H4472
America Invents Act: The House passed H.R. 1249, to amend title 35, 
United States Code, to provide for patent reform, by a recorded vote of 
304 ayes to 117 noes, Roll No. 491. Consideration of the measure began 
yesterday, June 22nd.                                 
  Pages H4480-H4505
  Rejected the Miller (NC) motion to recommit the bill to the Committee 
on the Judiciary with instructions to report the same back to the House 
forthwith with an amendment, by a recorded vote of 172 ayes to 251 
noes, Roll No. 490.                                      
Pages H4503-05
Agreed to:
  Smith (TX) Managera's amendment (No. 1 printed in part B of H. Rept. 
112-111) that was debated on June 22nd that makes technical edits and 
necessary changes to more substantive issues, such as prior user rights 
and an additional oversight requirement for the PTO (by a recorded vote 
of 283 ayes to 140 noes, Roll No. 481);                  
Pages H4480-81
  Moore amendment (No. 4 printed in part B of H. Rept. 112-111) that 
directs 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;                
Page H4484
  Jackson Lee (TX) amendment (No. 5 printed in part B of H. Rept. 112-
111) that adds 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; 
                                                         Pages H4484-86
  Lujan amendment (No. 6 printed in part B of H. Rept. 112-111) that 
adds 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;     
Page H4486
  Peters amendment (No. 7 printed in part B of H. Rept. 112-111) that 
mandates a USPTO-led study on what USPTO, SBA, and other agencies can 
do to help small businesses obtain, maintain, and enforce foreign 
patents;                                                 
Pages H4486-87
  Speier amendment (No. 10 printed in part B of H. Rept. 112-111) that 
directs the PTO to prescribe a requirement that parties provide 
sufficient evidence to prove and rebut a claim of derivation; and 
                                                         Pages H4490-91
  Conyers amendment (No. 9 printed in part B of H. Rept. 112-111) that 
restores language for calculation of 60-day period for application of 
patent term extension that the manager's amendment strikes (by a 
recorded vote of 223 ayes 198 noes, Roll No. 485. Agreed by unanimous 
consent that the earlier roll call vote taken on the Conyers amendment 
No. 9 be vacated).                                
Pages H4489-90, H4500
Rejected:
  Polis amendment (No. 8 printed in part B of H. Rept. 112-111) that 
sought 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;           
Pages H4487-89
  Conyers amendment (No. 2 printed in part B of H. Rept. 112-111) that 
sought 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 (by a recorded 
vote of 105 ayes to 316 noes, Roll No. 482);   
Pages H4481-82, H4498-99
  Baldwin amendment (No. 3 printed in part B of H. Rept. 112-111) that 
sought 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

[[Page D688]]

passed by the U.S. Senate on March 8, 2011 (by a recorded vote of 81 
ayes to 342 noes, Roll No. 483);            
Pages H4482-84, H4499-H4500
  Sensenbrenner amendment (No. 12 printed in part B of H. Rept. 112-
111) that sought to strike Section 3 of the legislation, which would 
convert the U.S. patent system from ``first-to-invent'' to ``first-to-
file'' (by a recorded vote of 129 ayes to 295 noes, Roll No. 486); 
                                                  Pages H4491-93, H4501
  Manzullo amendment (No. 13 printed in part B of H. Rept. 112-111) 
that sought to eliminate the ability of the Director of the U.S. Patent 
and Trademark Office (USPTO) to set fees, retaining that authority for 
Congress (by a recorded vote of 92 ayes to 329 noes, Roll No. 487); 
                                               Pages H4493-94, H4501-02
  Rohrabacher amendment (No. 14 printed in part B of H. Rept. 112-111) 
that sought to eliminate the burden of post-grant reviews and 
reexaminations on individual inventors and small businesses with 100 or 
fewer employees (by a recorded vote of 81 ayes to 342 noes, Roll No. 
488); and                                         
Pages H4494-95, H4502
  Schock amendment (No. 15 printed in part B of H. Rept. 112-111) that 
sought to strike section 18 of the bill, the Transitional program for 
covered business method patents (by a recorded vote of 158 ayes to 262 
noes with 1 voting ``present'', Roll No. 489).    
Pages H4495-98, H4503
Withdrawn:
  Watt amendment (No. 11 printed in part B of H. Rept. 112-111) that 
was offered and subsequently withdrawn that would have added a 
severability clause protecting the remainder of the bill if the Supreme 
Court determines that certain sections or provisions are 
unconstitutional.                                            
Page H4491
  Agreed that the Clerk be authorized to make technical and conforming 
changes to reflect the actions of the House.                 
Page H4505
  H. Res. 316, the rule providing for consideration of the bills (H.R. 
2021) and (H.R. 1249), was agreed to yesterday, June 22nd.
Department of Defense Appropriations Act, 2012: The House began 
consideration of H.R. 2219, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2012. Further 
consideration was postponed.                   
  Pages H4476-80, H4506-11
  H. Res. 320, the rule providing for consideration of the bill, was 
agreed to by a recorded vote of 251 ayes to 173 noes, Roll No. 480, 
after the previous question was ordered by a yea-and-nay vote of 247 
yeas to 168 nays, Roll No. 479.                          
Pages H4479-80
Presidential Messages: Read a message from the President wherein he 
notified Congress that the national emergency declared with respect to 
North Korea is to continue in effect beyond June 26, 2011--referred to 
the Committee on Foreign Affairs and ordered printed (H. Doc. 112-40). 
                                                             Page H4475
  Read a message from the President wherein he notified Congress that 
the national emergency declared with respect to the Western Balkans is 
to continue in effect beyond June 26, 2011--referred to the Committee 
on Foreign Affairs and ordered printed (H. Doc. 112-41). 
                                                         Pages H4475-76
Quorum Calls--Votes: One yea-and-nay vote and eleven recorded votes 
developed during the proceedings of today and appear on pages H4479, 
H4479-80, H4480-81, H4498, H4499, H4500, H4501, H4501-02, H4502, H4503, 
H4504-05, H4505. There were no quorum calls.
Adjournment: The House met at 10 a.m. and adjourned at 8:44 p.m.