Obama Signs 'Fiscal Cliff' Bill With Autopen

Jan 3, 2013 12:53am

Charles Dharapak/AP Photo

HONOLULU, Hawaii — President Obama has signed the “fiscal cliff” legislation into law via autopen from Hawaii, where he is vacationing with his family.

The bill to avert the “fiscal cliff” arrived at the White House late this afternoon and it was immediately processed, according to a senior White House official. A copy was delivered to the president in Hawaii for review. He then directed the bill to be signed by autopen back in Washington, D.C.

The Bush administration deemed in 2005 that the use of the autopen is constitutional, although President George W. Bush never used the mechanical device to replicate his signature on a bill.

The office of legal counsel found at the time that Article 1, Section 7 of the Constitution allows the president to use the autopen to sign legislation, stating “the President need not personally perform the physical act of affixing his signature to a bill to sign it.”

Obama has used the autopen twice in the past to sign legislation, both times while he was overseas.

Use of the autopen has been controversial.  Conservative groups alleged last summer that Obama used an autopen to sign condolence letters to the families of Navy SEALs killed in a Chinook crash in Afghanistan — a charge the White House disputed flatly as false.

In 2004, then-Secretary of Defense Donald Rumsfeld was criticized for using an autopen to sign condolence letters to the families of fallen troops.

And in 1992 then-Vice President Dan Quayle even got into some hot water over his use of the autopen on official correspondence during an appearance on “This Week with David Brinkley.”

Obama, who arrived back in Hawaii early Wednesday morning to continue his family vacation, spent the afternoon golfing with friends at the Marine Corps base at Kaneohe Bay.

Obama is slated to remain in Hawaii through Saturday.

ABC News’ Jonathan Karl contributed to this report

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At least 61 crushed to death in Ivory Coast stampede

ABIDJAN (Reuters) - At least 61 people were crushed to death in a stampede after a New Year's Eve fireworks display at a stadium in Ivory Coast's main city Abidjan early on Tuesday, officials said.

Witnesses said police had tried to control crowds around the Felix Houphouet-Boigny Stadium following the celebrations, triggering a panic in which scores were trampled.

"The estimate we can give right now is 49 people hospitalized ... and 61 people dead," said the chief of staff of Abidjan's fire department Issa Sacko.

Crying women searched for missing family members outside the stadium on Tuesday morning. The area was covered in patches of dried blood and abandoned shoes.

"My two children came here yesterday. I told them not to come but they didn't listen. They came when I was sleeping. What will I do?" said Assetou Toure, a cleaner.

Sanata Zoure, a market vendor injured in the incident, said New Year's revelers going home after watching the fireworks had been stopped by police near the stadium.

"We were walking with our children and we came upon barricades, and people started falling into each other. We were trampled with our children," she said.

Another witness said police arrived to control the crowd after a mob began chasing a pickpocket.

President Alassane Ouattara called the deaths a national tragedy and said an investigation was under way to find out what happened.

"I hope that we can determine what caused this drama so that we can ensure it never happens again," he said after visiting the injured in hospital.

The country, once a stable economic hub for West Africa, is struggling to recover from a 2011 civil war in which more than 3,000 people were killed.

Ivory Coast's security forces once were among the best trained in the region, but a decade of political turmoil and the 2011 war has left them in disarray.

At least 18 people were killed in another stampede during a football match in an Abidjan stadium in 2009.

(Reporting by Loucoumane Coulibaly and Alain Amontchi; Writing by Richard Valdmanis; Editing by Michael Roddy)

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Indian lawyers refuse to defend gang-rape accused

NEW DELHI: Lawyers at an Indian court hearing the case of a fatal gang-rape which has shocked the nation said on Wednesday they would refuse to defend the men accused of taking part in the assault and murder.

Hearings are expected to begin on Thursday at the Saket district court in south New Delhi, where police will formally present a 1,000-page charge sheet against the six-person gang.

"We have decided that no lawyer will stand up to defend the rape accused as it would be immoral to defend the case," Sanjay Kumar, a lawyer and a member of the Saket District Bar Council, told AFP.

Kumar said the 2,500 advocates registered at the court have decided to "stay away" to ensure "speedy justice", meaning the government would have to appoint lawyers for the defendants.

Another lawyer at the court confirmed the boycott to AFP.

Five men are expected to face charges including rape, murder and kidnapping in the Saket court, with the prosecutor likely to seek the death sentence.

A sixth suspect is believed to be 17 years old, meaning he would be tried in a juveniles' court, but police are conducting bone tests to determine his age.

The brutality and horrific nature of the attack on a 23-year-old has led to protests in the capital and elsewhere over the widespread abuse of women and sex crime in India.

The rape victim died at the weekend after 13-day struggle to survive injuries so grievous that part of her intestines had to be removed.

She was repeatedly raped and violated with an iron bar on a bus on December 16 before being thrown from the moving vehicle at the end of a 40-minute ordeal.

In 2008, Indian lawyers also refused to defend a gunman who took part in attacks on Mumbai which killed 166 people, leaving him with a government-appointed lawyer. He was executed in November last year.

- AFP/de

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Anonymous: 'Expect us 2013'

The hacking collective Anonymous has clarified that it has no plans to fade away in the New Year. It issued a statement over the weekend that warned the world to "Expect us 2013."

Along with the statement, the group created a video that boasts of its campaigns and exploits carried out in 2012. The video details the group's temporary shutdown of the U.S. Department of Justice, the FBI, Universal Music, and the Motion Picture Association of America's Web sites in protest of the U.S. government's indictment of the operators of popular file-hosting site MegaUpload.

The video also shows newsreels of Anonymous' campaign against Syrian government Web sites because of that government's alleged shutdown of the Internet, along with Anonymous' "cyberwar" against the Israeli government in protest of government attacks on Gaza. The group also recounts its hack into the Web site of the Westboro Baptist Church in response to plans by the controversial church to picket the funerals of those massacred at the elementary school in Newtown, Conn.

"The operations which are listed in the video are only examples, there are far more operations," Anonymous wrote in the statement. "Some of them still running, like Operation Syria. We are still here."

Despite the hacking group's threats, some believe that the collective may not actually make a big impact in the online world in the coming year. Security firm McAfee Labs released its "2013 Threat Predictions" last week and claimed the decline of Anonymous.

The firm argued that a lack of structure and organization, false claims, and hacking for the simple joy of it has affected the group's reputation. McAfee also said, however, that higher-level professional hacking groups may take up the slack, and promote a rise in military, religious, political, and "extreme" campaign attacks.

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House GOP blasted for scrapping Sandy aid vote

WASHINGTON New York area-lawmakers in both parties erupted in anger late Tuesday night after learning the House Republican leadership decided to allow the current term of Congress to end without holding a vote on aid for victims of Superstorm Sandy.

Rep. Peter King, R-N.Y., said he was told by the office of Majority Leader Eric Cantor of Virginia that Speaker John Boehner of Ohio had decided to abandon a vote this session.

Cantor, who sets the House schedule, did not immediately comment. House Democratic Whip Steny Hoyer of Maryland told reporters that just before Tuesday evening's vote on "fiscal cliff" legislation, Cantor told him that he was "99.9 percent confident that this bill would be on the floor, and that's what he wanted."

A spokesman for Boehner, Michael Steel said, "The speaker is committed to getting this bill passed this month."

A House Republican aide confirmed to CBS News producer Jill Jackson that the House would not take up the bill during this session.

In remarks on the House floor, King called the decision "absolutely inexcusable, absolutely indefensible. We cannot just walk away from our responsibilities."

The Senate approved a $60.4 billion measure Friday to help with recovery from the October storm that devastated parts of New York, New Jersey and nearby states. The House Appropriations Committee has drafted a smaller, $27 billion measure, and a vote had been expected before Congress' term ends Thursday at noon.

29 Photos

Cleaning up after Sandy

29 Photos

Superstorm Sandy: State-by-state snapshots

More than $2 billion in federal funds has been spent so far on relief efforts for 11 states and the District of Columbia struck by the storm, one of the worst ever to hit the Northeast. The Federal Emergency Management Agency's disaster relief fund still has about $4.3 billion, enough to pay for recovery efforts into early spring, according to officials. The unspent FEMA money can only be used for emergency services, said Rep. Frank Pallone Jr., D-N.J.

New York, New Jersey, Connecticut, District of Columbia, West Virginia, Virginia, Maryland, New Hampshire, Delaware, Rhode Island, Pennsylvania and Massachusetts are receiving federal aid.

Sandy was blamed for at least 120 deaths and battered coastline areas from North Carolina to Maine. New York, New Jersey and Connecticut were the hardest hit states and suffered high winds, flooding and storm surges. The storm damaged or destroyed more than 72,000 homes and businesses in New Jersey. In New York, 305,000 housing units were damaged or destroyed and more than 265,000 businesses were affected.

"This is an absolute disgrace and the speaker should hang his head in shame," said Rep. Eliot Engel, D-N.Y.

"I'm here tonight saying to myself for the first time that I'm not proud of the decision my team has made," said Rep. Michael Grimm, R-N.Y. "It is the wrong decision, and I' m going to be respectful and ask that the speaker reconsider his decision. Because it's not about politics, it's about human lives."

"I truly feel betrayed this evening," said Rep. Nita Lowey, D-N.Y.

"We need to be there for all those in need now after Hurricane Sandy," said Rep. Gregory Meeks, D-N.Y.

The House Democratic leader, Rep. Nancy Pelosi of California, said she didn't know whether a decision has been made and added, "We cannot leave here doing nothing. That would be a disgrace."

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Obama Hails 'Cliff' Deal, Warns of Next Fiscal Fight

Minutes after the House of Representatives approved a bipartisan Senate deal to avert the "fiscal cliff" and preserve Bush-era tax cuts for all Americans making less than $400,000 per year, President Obama praised party leaders and wasted little time turning to the next fiscal fight.

"This is one step in the broader effort to strengthen our economy for everybody," Obama said.

Obama lamented that earlier attempts at a much larger fiscal deal that would have cut spending and dealt with entitlement reforms failed. He said he hoped future debates would be done with "a little less drama, a little less brinksmanship, and not scare folks quite as much."

But Obama drew a line in the sand on the debt ceiling, which is set to be reached by March.

"While I will negotiate over many things, I will not have another debate with this Congress over whether they should pay the bills for what they've racked up," Obama said. "We can't not pay bills that we've already incurred."

An hour after his remarks, Obama boarded Air Force One to return to his planned Hawaiian holiday vacation, reuniting with his family, who have been vacationing there since just before Christmas.

AP Photo/Charles Dharapak

'Fiscal Cliff' Negotiations: Congress Reaches Agreement Watch Video

House Republicans agreed to the up-or-down vote Tuesday evening, despite earlier talk of trying to amend the Senate bill with more spending cuts before taking a vote. The bill delays for two months tough decisions about automatic spending cuts that were set to kick in Wednesday.

A majority of the Republicans in the GOP-majority House voted against the fiscal cliff deal. About twice as many Democrats voted in favor of the deal compared to Republicans. One hundred fifty-one Republicans joined 16 Democrats to vote against the deal, while 172 Democrats carried the vote along with 85 Republicans.

The Senate passed the same bill by an 89-8 vote in the wee hours of New Year's Day. If House Republicans had tweaked the legislation, there would have been no clear path for its return to the Senate before a new Congress is sworn in Thursday.

The vote split Republican leaders in the House. House Speaker John Boehner, R-Ohio, voted yes, and so did the GOP's 2012 vice presidential candidate, Rep. Paul Ryan, R-Wis.

But House Majority Leader Eric Cantor, R-Va., the No. 2 Republican in the House, voted no. It was his opposition that had made passage of the bill seem unlikely earlier in the day.

The deal does little to address the nation's long-term debt woes and does not entirely solve the problem of the "fiscal cliff."

Indeed, the last-minute compromise -- far short from a so-called grand bargain on deficit reduction -- sets up a new showdown on the same spending cuts in two months amplified by a brewing fight on how to raise the debt ceiling beyond $16.4 trillion. That new fiscal battle has the potential to eclipse the "fiscal cliff" in short order.

"Now the focus turns to spending," said Boehner in a statement after the vote. "The American people re-elected a Republican majority in the House, and we will use it in 2013 to hold the president accountable for the 'balanced' approach he promised, meaning significant spending cuts and reforms to the entitlement programs that are driving our country deeper and deeper into debt."

Republicans hope that allowing the fiscal cliff compromise, which raised taxes without an equal amount of spending cuts, will settle the issue of tax rates for the coming debates on spending.

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North Korean leader, in rare address, seeks end to confrontation with South

SEOUL (Reuters) - North Korean leader Kim Jong-un called for an end to confrontation between the two Koreas, technically still at war in the absence of a peace treaty to end their 1950-53 conflict, in a surprise New Year speech broadcast on state media.

The address by Kim, who took over power in the reclusive state after his father, Kim Jong-il, died in 2011, appeared to take the place of the policy-setting New Year editorial published in leading state newspapers.

But North Korea has offered olive branches before and Kim's speech does not necessarily signify a change in tack from a country which vilifies the United States and U.S. ally South Korea at every chance it gets.

Impoverished North Korea raised tensions in the region by launching a long-range rocket in December that it said was aimed at putting a scientific satellite in orbit, drawing international condemnation.

North Korea, which considers North and South as one country, the Democratic People's Republic of Korea, is banned from testing missile or nuclear technology under U.N. sanctions imposed after its 2006 and 2009 nuclear weapons tests.

"An important issue in putting an end to the division of the country and achieving its reunification is to remove confrontation between the north and the south," Kim said in the address that appeared to be pre-recorded and was made at an undisclosed location.

"The past records of inter-Korean relations show that confrontation between fellow countrymen leads to nothing but war."

The New Year address was the first in 19 years by a North Korean leader after the death of Kim Il-sung, Kim Jong-un's grandfather. Kim Jong-il rarely spoke in public and disclosed his national policy agenda in editorials in state newspapers.

"(Kim's statement) apparently contains a message that he has an intention to dispel the current face-off (between the two Koreas), which could eventually be linked with the North's call for aid (from the South)," said Kim Tae-woo, a North Korea expert at the state-funded Korea Institute for National Unification.

"But such a move does not necessarily mean any substantive change in the North Korean regime's policy towards the South."

The two Koreas have seen tensions rise to the highest level in decades after the North bombed a Southern island in 2010 killing two civilians and two soldiers.

The sinking of a South Korean navy ship earlier that year was blamed on the North but Pyongyang has denied it and accused Seoul of waging a smear campaign against its leadership.

Last month, South Korea elected as president Park Geun-hye, a conservative daughter of assassinated military ruler Park Chung-hee whom Kim Il-sung had tried to kill at the height of their Cold War confrontation.

Park has vowed to pursue engagement with the North and called for dialogue to build confidence but has demanded that Pyongyang abandon its nuclear weapons ambitions, something it is unlikely to do.

Conspicuously absent from Kim's speech was any mention of the nuclear arms program.

(Additional reporting by Sung-Won Shim; Editing by Nick Macfie)

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Boy arrested over threat to blow up MBS

SINGAPORE: Police have arrested a 13-year-old boy who threatened to plant bombs in Marina Bay Sands.

The boy had posted the threat on his Facebook page last Saturday.

Police said the case is classified as a Breach of Prohibition Against False Threats of Terrorist Acts.

If convicted, he could be fined up to S$100,000 and jailed up to 5 years.

Police investigations are ongoing.

- CNA/ir

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Why I still love the Nexus 7

There's something about the holidays and the cold January that often follows in the Northeast that makes me want to curl up on the couch with a good book -- or in this day and age, a book on my e-reader or
tablet.

The
Nexus 7 debuted more than six months ago at Google's annual developer conference, but I am still a big fan of the device. And I have no trouble recommending it to tablet buyers.

In this edition of Ask Maggie, I explain why the Nexus 7 is still a good device at a decent price. One Ask Maggie reader is tired of squinting to read books on his smartphone, but he's troubled by the $200 price tag. Meanwhile, the second reader is debating whether to get the smaller 7-inch Nexus 7 mini-tablet or a bigger
Android tablet from Samsung.

Nexus 7 or e-reader?

Dear Maggie,
I am debating whether I should get the Nexus 7 or not. The primary reason is the fact that I read books from the Google Play Store on my Razr Maxx right now and would love to have a larger screen that is portable. But at this point I have managed to read on the smaller screen, and I'm not sure spending $200 for a bigger screen makes sense. I've looked at e-readers, but if I am going to spend any money on a new device, I'd like to have the ability to do other things in addition to reading books. It would be great to be able to read email, play games, watch movies, etc.

I don't like using my computer for Web browsing and reading, but my smartphone seems too small. Do you think I should spend the $200 to get another device like the Nexus 7?

Based on your experiences, what would you recommend?

Thanks,
MagicWithMeaning

Dear MagicWithMeaning,
I hear you. I also think that a smartphone is too small for reading, although I know some people who don't mind it. My colleague Stephen Shankland read the entire Steve Jobs biography on his smartphone in a single night and wrote an amazing review of the book when it came out. I am afraid if I had attempted the same thing, I would have gone blind. And I probably would have only gotten through a quarter of the book in a night.

There's an array of options when it comes to choosing a device for reading e-books.

(Credit:
Sarah Tew/CNET)

At any rate, as I said, some people really don't mind the smaller size of a smartphone. And since you can magnify the text, it's certainly doable. But it sounds like you don't find this situation ideal. And I'm with you.

I think the Nexus 7 is a terrific step up, and I highly recommend it to readers. It's very light, and the size is perfect. It's about the size of a typical paperback book and can easily be held with one hand. It fits nicely into a pocket or purse, so it's portable if you read while commuting or traveling.

And since it comes with the full Android OS, you can access just about anything from the Google Play store. I mention this because other tablets of a similar size, such as the Kindle Fire, offer only a limited catalog of books, games, and movies. Whatever is available via Amazon is what's available on the Kindle Fire. This is great if you are already using that ecosystem to purchase your books and other media. But it sounds like you are already getting books and other stuff via the Google Play store, so it makes sense for you to continue using that ecosystem.

I know the $200 price tag isn't cheap. But it's a good deal considering how much other gadgets cost. Even full-priced smartphones are $400 to $500 more than the Wi-Fi only Nexus 7 tablet.

If you're looking to do more with your device, then the mini-tablet is a good pick over something like a dedicated e-reader. But the one thing I like about e-readers is the e-ink display. I think that display is a bit easier on my eyes, and I can sit and read a book for much longer than if I am using a device like the Nexus 7, which has a backlit screen.

But that is just my personal preference. I know plenty of people who don't have a problem with backlit screens. And in fact, it makes it easier to read in the dark, something that can't be done with an e-ink device.

I agree that if you're looking for the most bang for your buck, you might as well get a tablet that will give you a full browser and access to entire an app store instead of a limited-use e-reader.

Samsung Galaxy Note 2

(Credit:
Josh Miller/CNET)

But there is one option that you didn't mention in your question. What about getting a "phablet?" If you are able to upgrade to a new smartphone soon you may want to consider something like the Galaxy Note 2. With a 5.5-inch display, it's between the size of most Android smartphones and the 7-inch Nexus 7 tablet. It costs about $300 from carriers such as AT&T with a two-year contract. This is more than other smartphones such as the Galaxy S3. And it's more than the Nexus 7. But if you did need a new smartphone and you didn't want to buy a separate device, it might be a good compromise.

If a new smartphone isn't in the cards for you right now and you really are teetering on the edge of whether to buy the Nexus 7 or not, I'd say go for it. I know that $200 is nothing to sneeze at for many people. But when compared to larger tablets and full-priced smartphones, it's a bargain.

If you are strapped for cash, you could always wait a little longer to see if Google announces a cheaper version of the device. There are some reports from Asia that Google may be readying a $99 mini-tablet.

I hope this advice was helpful. And good luck!

Nexus 7 vs. Galaxy Tab 2 10.1

Dear Maggie,
I'm getting my first Android tablet, but I'm on a strict budget. I have wanted the Nexus 7 for a while, but found a great deal ($270) for a refurbished Samsung Galaxy Tab 2 10.1. Which is better?

Thanks,
TEP

Dear TEP,
The answer to your question really depends on which screen size you like better. The Galaxy Tab 2 has a bigger 10-inch screen, while the Nexus 7 has the smaller 7-inch screen. Personally, I prefer the smaller screen to the bigger one. The smaller tablets are easier to stick in a pocket, bag, or purse. And you can hold it with one hand. I use the Nexus 7 for reading, and I find that it's fairly light and easy to hold with one hand.

Samsung Galaxy Tab 2 10.1

(Credit:
Samsung)

That said, the Galaxy Tab 2 10.1 is a fine device. And it has gotten decent marks from CNET and other tech reviewers. If you like that size device and you want an Android tablet, then that is a good device to consider. And the price certainly sounds right.

But if the size is really a toss-up, and you could go either way, then I would still choose the Nexus 7. CNET rated it as one of the best Android tablets on the market. And at $200 brand new, it's still $70 less than the refurbished Galaxy Tab 2 that you have found.

I hope this advice was helpful. Good luck. And Happy New Year!

Ask Maggie is an advice column that answers readers' wireless and broadband questions. The column now appears twice a week on CNET, offering readers a double dosage of Ask Maggie's advice. If you have a question, I'd love to hear from you. Please send me an e-mail at maggie dot reardon at cbs dot com. And please put "Ask Maggie" in the subject header. You can also follow me on Facebook on my Ask Maggie page.

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Senate Approves 'Fiscal Cliff' Deal, Sends to House

Two hours after a midnight deadline for action, the Senate passed legislation early New Year's Day to avert the so-called "fiscal cliff" with an overwhelming vote of 89-8.

Senate passage set the stage for a final showdown in the House, where a vote could come as early as today.

"While neither Democrats nor Republicans got everything they wanted, this agreement is the right thing to do for our country and the House should pass it without delay," President Obama said in a statement shortly after the vote.

"There's more work to do to reduce our deficits, and I'm willing to do it. But tonight's agreement ensures that, going forward, we will continue to reduce the deficit through a combination of new spending cuts and new revenues from the wealthiest Americans," he added.

The bill extends Bush-era tax cuts permanently for people making less than $400,000 per year and households making less than $450,000.

The steep "sequester" budget cuts scheduled to go into effect with the New Year would be postponed for two months.

The deal also would affect taxes on investment income and estates, and extend unemployment benefits for a year.
Officials also decided at the last minute to use the measure to prevent a $900 pay raise for lawmakers due to take effect this spring.

'Fiscal Cliff': Lawmakers Scramble for Last-Minute Deal Watch Video

The failure of a deal to pass Congress by Jan. 1 technically triggers an income tax hike on all Americans and automatic spending cuts, though lawmakers could still prevent a tax hike by making retroactive any legislation that passes in the weeks ahead, experts said.

The deal at hand will not entirely solve the problem of the "fiscal cliff," however. In fact, it could set up a new showdown over the same spending cuts in just two months that would be amplified by a brewing fight over how to raise the debt ceiling beyond $16.4 trillion. That new fiscal battle has the potential to eclipse the "fiscal cliff" in short order.

In addition to extending current tax rates for households making $450,000 or less, the latest plan would raise the estate tax from 35 to 40 percent for estates larger than $5 million; and prevent the alternative minimum tax from hammering millions of middle-class workers.

Capital gains taxes would rise to 20 percent from 15 percent.

The deal would also extend for one year unemployment insurance benefits set to expire today for two million people, and avert a steep cut to Medicare payments for doctors.

"Working though the night and throughout the day we've reached an agreement with Sen. McConnell," Senate Majority Leader Harry Reid, D-Nev., said early Tuesday morning prior to the vote.

"I've said all along our most important priority is protecting middle class Americans, this legislation does that," Reid added.

He said he is "disappointed" they were not able to make the grand bargain and that more work needs to be done in the future.

"But we tried, if we did nothing the threat of a recession is very real," Reid concluded.

Speaking after Reid, Senate Minority Leader Mitch McConnell, R-KY., called the deal an "imperfect solution" and noted this should not be the model on how things get done in the Senate.

McConnell also thanked Vice President Joe Biden, who visited Capitol Hill late Monday night and brokered the deal with McConnell.

The House Democratic leader Nancy Pelosi issued a statement saying that when legislation clears the Senate, "I will present it to the House Democratic caucus."

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