[Congressional Record Volume 157, Number 167 (Thursday, November 3, 2011)]
[Daily Digest]
[Pages D1180-D1182]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 32 public bills, H.R. 3332-
3363; and 7 resolutions, H.J. Res. 83; H. Con. Res. 84-85; and H. Res. 
454-457 were introduced.                                 
  Pages H7329-32
Additional Cosponsors:                                   
  Pages H7332-33
Reports Filed: Reports were filed today as follows:
  H.R. 2840, to amend the Federal Water Pollution Control Act to 
regulate discharges from commercial vessels, and for other purposes, 
with an amendment (H. Rept. 112-266) and
  H. Res. 455, providing for consideration of the bill (H.R. 2838) to 
authorize appropriations for the Coast Guard for fiscal years 2012 
through 2015, and for other purposes (H. Rept. 112-267).     
Page H7329
Speaker: Read a letter from the Speaker wherein he appointed 
Representative Fitzpatrick to act as Speaker pro tempore for today. 
                                                             Page H7259
Recess: The House recessed at 11:31 a.m. and reconvened at 12 noon. 
                                                             Page H7268
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2012: The House disagreed to the 
amendments of the Senate to H.R. 2112, making consolidated 
appropriations for the Departments of Agriculture, Commerce, Justice, 
Transportation, and Housing and Urban Development, and related programs 
for the fiscal year ending September 30, 2012, and requested a 
conference with the Senate.                    
  Pages H7374-79, H7288-89
  Agreed to the Dicks motion to instruct conferees on the bill by a 
yea-and-nay vote of 265 yeas to 160 nays, Roll No. 822. 
                                               Pages H7374-79, H7288-89
  The Chair appointed the following conferees: Representatives Rogers 
(KY), Young (FL), Lewis (CA), Wolf, Kingston, Latham, Aderholt, 
Emerson, Culberson, Carter, Bonner, LaTourette, Dicks, DeLauro, Olver, 
Pastor, Price (NC), Farr, Fattah, and Schiff.                
Page H7289
Access to Capital for Job Creators Act: The House passed H.R. 2940, to 
direct the Securities and Exchange Commission to eliminate the 
prohibition against general solicitation as a requirement for a

[[Page D1181]]

certain exemption under Regulation D, by a recorded vote of 413 ayes to 
11 noes, Roll No. 828.               
  Pages H7279-88, H7289-95, H7311-14
  Rejected the DeFazio motion to recommit the bill to the Committee on 
Financial Services with instructions to report the same back to the 
House forthwith with an amendment, by a recorded vote of 190 ayes to 
236 noes, Roll No. 827.                                      
Page H7313
  Pursuant to the rule, the amendment in the nature of a substitute 
recommended by the Committee on Financial Services now printed in the 
bill shall be considered as adopted.                         
Page H7289
Rejected:
  Miller (NC) amendment (printed in part B of H. Rept. 112-265) that 
sought to require disclosure of bonus compensation structures and 
``golden parachute'' arrangements in advertising materials associated 
with an exempted offering (by a recorded vote of 190 ayes to 234 noes, 
Roll No. 826).                                 
Pages H7294-95, H7311-12
  Agreed that the Clerk be authorized to make technical and conforming 
changes to reflect the actions of the House.                 
Page H7314
  H. Res. 453, the rule providing for consideration of the bills (H.R. 
2930) and (H.R. 2940) was agreed to by voice vote after the previous 
question was ordered by a yea-and-nay vote of 241 yeas to 184 nays, 
Roll No. 821.                                                
Page H7288
Entrepreneur Access to Capital Act: The House passed H.R. 2930, to 
amend the securities laws to provide for registration exemptions for 
certain crowdfunded securities, by a recorded vote of 407 ayes to 17 
noes, Roll No. 825.                         
  Pages H7279-88, H7295-H7311
  Rejected the Holt motion to recommit the bill to the Committee on 
Financial Services with instructions to report the same back to the 
House forthwith with an amendment, by a recorded vote of 187 ayes to 
237 noes, Roll No. 824.                                  
Pages H7310-11
  Pursuant to the rule, the amendment recommended by the Committee on 
Financial Services now printed in the bill shall be considered as an 
original bill for the purpose of amendment under the five-minute rule. 
                                                             Page H7300
  Agreed to:
  McHenry amendment (No. 1 printed in part A of H. Rept. 112-265) that 
makes technical corrections. The amendment also requires the issuer to 
state a target offering amount and a deadline to reach the target 
offering amount. It requires that the Securities and Exchange 
Commission is provided a notice upon completion of the offering, which 
shall include the aggregate offering amount and the number of 
purchasers. Clarifies the disqualification provision to ensure that 
both issuers and intermediaries, as well as their predecessors, 
affiliates, officers, directors, or persons fulfilling similar roles, 
are disqualified from the exemption established in this bill should 
they have a history of committing securities fraud;      
Pages H7301-02
  Fincher amendment (No. 2 printed in part A of H. Rept. 112-265) that 
indexes to inflation the $1 million and $2 million aggregate annual 
amounts raised through the issue of the securities as authorized in the 
bill. The index for inflation would be measured by the annual change in 
the Consumer Price Index for All Urban Consumers published by the 
Bureau of Labor Statistics;                              
Pages H7302-03
  Quayle amendment (No. 3 printed in part A of H. Rept. 112-265) that 
indexes the $10,000 individual investment cap to inflation; and 
                                                             Page H7303
  Perlmutter amendment (No. 6 printed in part A of H. Rept. 112-265) 
that preserves a state's right to enforce securities laws with respect 
to fraud, deceit or unlawful conduct.                    
Pages H7306-08
Rejected:
  Barrow amendment (No. 5 printed in part A of H. Rept. 112-265) that 
sought to require the Commission to establish a website that provides 
the public with crowdfunding website safety tips for investing in 
securities described under section 4(6) and              
Pages H7304-06
  Velazquez amendment (No. 4 printed in part A of H. Rept. 112-265) 
that sought to require crowdfunding intermediaries to disclose their 
method of compensation to potential investors (by a recorded vote of 
189 ayes to 234 noes, Roll No. 823).           
Pages H7303-04, H7308-09
  Agreed that the Clerk be authorized to make technical and conforming 
changes to reflect the actions of the House.                 
Page H7314
  H. Res. 453, the rule providing for consideration of the bills (H.R. 
2930) and (H.R. 2940) was agreed to by voice vote after the previous 
question was ordered by a yea-and-nay vote of 241 yeas to 184 nays, 
Roll No. 821.                                                
Page H7288
Congressional-Executive Commission on the People's Republic of China--
Appointment: The Chair announced the Speaker's appointment of the 
following Members of the House to the Congressional-Executive 
Commission on the People's Republic of China: Representatives Kaptur 
and Honda.                                                   
  Page H7314
Senate Messages: Message received from the Senate by the Clerk and 
subsequently presented to the House today and a message received from 
the Senate today appear on pages H7233, H7308, H7322 and H7324.

[[Page D1182]]

Senate Referrals: S. 271, S. 535, S. 684, S. 897, and S. 997 were 
referred to the Committee on Natural Resources and S. 278, S. 683, and 
S. 808 were held at the desk.                                
  Page H7273
Quorum Calls--Votes: Three yea-and-nay votes and five recorded votes 
developed during the proceedings of today and appear on pages H7288, 
H7288-89, H7309, H7310-11, H7311, H7311-12, H7313 and H7314. There were 
no quorum calls.
Adjournment: The House met at 10 a.m. and adjourned at 9:03 p.m.