Tax Deal Done - but Where's Obama to Sign It?

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Jan 2, 2013 6:29pm







ap obama ac 130102 wblog Vacationing Obamas Options to Sign Fiscal Cliff Deal Include Air Force Jet, Autopen

AP Photo/Charles Dharapak


Congress officially delivered the bill to avert the fiscal cliff to the White House this afternoon, House Speaker John Boehner’s office told ABC News.


Now the question is when will the President sign it?


The bill, passed late on New Year’s Day, expires tomorrow at 11:59 a.m. when the current session of Congress concludes. If President Obama doesn’t sign it by then, constitutionally the bill is dead.


But this evening, eighteen hours before the deadline, the President is on a golf course in Hawaii.  And the bill is in Washington at the White House.


Administration officials won’t say what they will do despite repeated inquiries from ABC News.


There seem to be two options:  1) An Air Force jet can deliver the bill to Hawaii (better leave quickly!) in time for the President to sign it before 11:59 Eastern Standard Time; or, 2) The White House can use a presidential “auto-pen.”


The simple mechanical device uses a template of the presidential signature to scrawl it on paper if activated by the White House at Obama’s direction.


But would an auto-pen – usually used to sign insignificant correspondence and photographs – pass constitutional muster?  We don’t know.  The question has never been tested by the courts.


A 2005 legal study commissioned by former President George W. Bush determined that use of the autopen is constitutional but acknowledged the possibility that its use could be challenged.  Bush never used the autopen, officials from his administration told ABC.


President Obama is only believed to have used the autopen once to sign a piece of major legislation — the 2011 extension of the Patriot Act — which reached his desk while he was on a diplomatic trip to Europe. Officials invoked national security concerns to justify the move.


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.” More HERE.


ABC News’ Ann Compton and Devin Dwyer contributed reporting.



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In-depth 2012: The best long reads of the year

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Read more: "2013 Smart Guide: 10 ideas that will shape the year"












Dig deeper, look closer and think harder – these are the goals of New Scientist's in-depth articles. Each one is perfect for saving in your favourite read-it-later app and curling up in front of a glowing tablet for a good long read.












These are our editors' picks of our best features of the year, and all are prime examples of the amazing breadth of big ideas that were ripe for the tackling in 2012. When you have finished digesting these readable meals, visit our in-depth articles archive if you're hungry for more.











Richard Webb: "You might not have heard of the algorithm that runs the world." I certainly hadn't, or that its mathematical foundations are starting to look a little wobbly. An eye-opening examination of how seemingly abstruse mathematics is in fact deeply embedded in modern life: "The algorithm that runs the world"












Sally Adee: Gastric bypass surgery is the best surgery you're not getting, said Dr Oz on his popular medical advice show in the US. Because of enthusiasm from people like him, this operation has become massively popular – but by whimsically hacking at our stomach, might we might be messing with a system far more complicated than anyone really understands? Samantha Murphy had the surgery and began to realise that losing 45 kilograms could come with some profound neurological trade-offs: "Change your stomach, change your brain"












Michael Le Page: Nowadays most people either haven't heard of the 1970 book The Limits to Growth, or believe – wrongly – that the research it was based on has been discredited. But the main message of Limits is perhaps more relevant than ever – that a delayed response to mounting environmental problems leads to catastrophe further down the line: "Boom and doom: Revisiting prophecies of collapse"












Richard Fisher: This is a simple story about a scientific mystery. Strange rumbles, whistles and blasts have been reported all over the world for centuries. In New York state, they are called "Seneca guns"; in the Italian Apennines they are described as brontidi, which means thunder-like; in Japan they are yan; and along the coast of Belgium they are called mistpouffers – or fog belches. Yet the cause is often unexplained – what on Earth could be behind them? "Mystery booms: The source of a worldwide sonic enigmaSpeaker"












Valerie Jamieson: It's been a sensational year for particle physics, but the Higgs boson isn't the only fascinating particle in town. Meet 11 more particles that change our understanding of the subatomic world: "11 particles for 11 physics puzzlesMovie Camera"












David Robson: What is the secret of the legendary "flow state" that seems to mark out genius in everyone from piano virtuosos to tennis champions? With the latest brain stimulation techniques, it may soon be within everyone's reach, and Sally Adee writes with panache as she describes her own use of the technology during a terrifying marksmanship training session. This has everything I want to read in a story – drama, a revolutionary idea and some practical advice for anyone to try at home: "Zap your brain into the zone: Fast track to pure focus"












Graham Lawton: The writer of this article, Christopher Kemp, is a self-confessed lover of marginalia – nooks and crannies of science that are often overlooked. But as this beautifully written story reveals, those nooks and crannies often contain rich and fascinating material. Material, in fact, like ambergris: "Heaven scent: The grey gold from a sperm whale's gut"












Ben Crystall: Many people may remember the wonder material Starlite from an episode of BBC TV's Tomorrow's World – it seemed to have a miraculous ability to withstand fire and heat. So what happened to it? In this feature Richard Fisher uncovers the strange tale of Starlite and its eccentric inventor Maurice Ward, and on the way reveals fascinating details about Ward and his creation. And though Ward is dead, the story may not be over – it now looks like Starlite could get a second chance… "The power of cool: Whatever became of Starlite?"












Clare Wilson: I enjoyed working on this feature the most this year because to me it truly represents the future of medicine. New Scientist often predicts that some new medicine or technology will be available in five years' time. When it comes to using gene therapies or stem cell therapies on babies in the womb – the subject of this feature – the timeline is probably more uncertain, yet I don't see how anyone can doubt that some day it will happen: "Fetal healing: Curing congenital diseases in the womb"



















































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Tennis: Ferrer avoids falling into a hole

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DOHA: Top-seeded David Ferrer started the new season with a dropped first set here Tuesday to Dustin Brown, a qualifier outside the world's top 150, and a damaged court which opened like a crater on the moon.

Repairs appeared to involve tape and glue on a tear about five feet behind the baseline where Ferrer's heel had ripped into the surface.

There was also an anxious-looking conference and a ball-boys' impromptu Gangnam-style dance session on the playing area during a delay which lasted more than an hour.

It was eventually two and a half hours before the world number five from Spain survived his first round in the Qatar Open by 5-7, 6-3, 6-2 against Brown who is a tall, Jamaica-based German nicknamed "Dreddy," with impressive locks flying down to the small of his back.

"None of it was easy," said Ferrer, which was an understatement. Brown was unusual for his aggressive serving, eager forward movement, and willingness to volley, and other circumstances must have seemed to Ferrer bizarrely familiar.

Two years ago, he and Andy Roddock were forced off their court at the US Open by a crack near the baseline which let the water through, and required them to change courts, and last year at New York, a tornado forced Ferrer and Novak Djokovic to interrupt their semi-final by an entire day.

Roddick tweeted a solution for Doha, suggesting they should "move Ferrer to court 13" - the court number where the American completed his 2011 US Open win over the Spaniard. Ferrer chortled his laughter when he heard.

Later Ferrer commented on the oddities which had afflicted him in the last two years by saying: "Yeah - so many things, yeah. Too many things."

Asked if something were following him around, he said: "Something, yes - it's bad luck. I don't even know why."

This time Ferrer had a more fortunate resumption. Though a set down he broke Brown's serve at once, and consolidated that advantage right through the second set.

He then making another crucial break at the start of the third set, by which time the favourite was accelerating towards safety.

The seedings say that Ferrer should play a final on Saturday with Richard Gasquet, the world number ten from France, whose fluency appeared only intermittently during a 6-3, 6-4 over Jan Hernych, a 33-year-old Czech qualifier.

Hernych struck his ground strokes more often inside the baseline than Gasquet - often a sign of potential dominance - but missed with three of his four break point chances.

Gasquet's confidence improved markedly after breaking serve at the start of the second set and never looked like being pegged back, dropping only five points in his next five service games.

He could have a semi-final with his compatriot Gael Monfils, last year's runner-up, whose first match in two and a half months was a comfortable re-introduction, a 6-0, 6-3 win over the local wild card player, Mousa Shanan Zayed.

However, Monfils' next encounter is a potentially tough one, against Philipp Kohlschreiber, the third-seeded German.

He may also be mindful of the fate of another Frenchman, Jeremy Chardy, the fifth seed but a 6-4, 6-4 loser to a German qualifier, Daniel Brands.

-AFP/ac



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Google's arty after-party New Year's Day doodle

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All that remains is The Thinker.



(Credit:
Screenshot by Chris Matyszczyk/CNET)


Are you experiencing a slightly dry feeling in your mouth? Are your limbs offering involuntary jitters and twitches?


The fiscal cliff negotiations can do that to you.


However, Google would like to tell you that it understands the pain of entering 2013 without a sheet to the wind.


Having presented a charming doodle for New Year's Eve (below), featuring so many of the characters from the doodles of 2012 (you can see all Google's doodles here), today it presents the cleanup.


Reality has chimed. The cleaners have arrived. Robert Moog, Moby Dick, and Niels Bohr have all gone home. Even Julia Child has taken her pots and pans and scarpered.



More Technically Incorrect



The lone remaining reveler is Rodin's Thinker. He's still sitting at his computer.


There is clearly artistic meaning at play here. Those doodlers are nothing if not intellectual.


The Thinker, obviously not the drinker, is pondering a solution to the world's ills.


How can he bring prosperity to all? How can he bring love and happiness to those who see only lightless tunnels?


Alternatively, the Thinker is a Google engineer. He didn't get the day off and he's still trying to work out how to make Google+ a little better. Or a lot.



It was quite a party.



(Credit:
Screenshot by Chris Matyszczyk/CNET)


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Space Pictures This Week: Ice “Broccoli,” Solar Storm

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House Hesitates, Cites Cliff Deal Spending

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Top House Republicans today opposed a bipartisan compromise that passed the Senate in the wee hours of New Year's Day to avert the "fiscal cliff," amid concerns about the cost of the deal's spending provisions.


If House Republicans tweak the legislation, as they seem likely to do, there's no clear path for its return to the Senate before a new Congress is sworn in Thursday.


GOP leaders emerged from a morning conference meeting disenchanted by the legislative package devised by Senate Minority Leader Mitch McConnell and Vice President Biden early this morning, with several insisting they cannot vote on it as it now stands.


"I do not support the bill," House Majority Leader Eric Cantor, R-Va., said as he left the meeting. "We're looking for the best path forward. No decisions have been made yet."


It's almost certain that Republicans will attempt to amend the bill in order to win over the support of more conservatives.


House Speaker John Boehner refused to comment on the meeting, but his spokesman said "the lack of spending cuts in the Senate bill was a universal concern amongst members in today's meeting."


"Conversations with members will continue throughout the afternoon on the path forward," Brendan Buck said in a statement.


As lawmakers wrestled with the legislation, the non-partisan Congressional Budget Office estimated that the bill's added spending combined with the cost of extending tax cuts for those making under $400,000 would actually add $3.9 trillion to the deficit over the next 10 years. The Joint Committee on Taxation reached a similar conclusion.






Bill Clark/Roll Call/Getty Images











Fiscal Cliff Countdown: Missing the Deadline Watch Video











Obama on Fiscal Cliff: 'Agreement Within Sight' Watch Video





The impasse once again raised the specter of sweeping tax hikes on all Americans and deep spending cuts' taking effect later this week.


"This is all about time, and it's about time that we brought this to the floor," House Minority Leader Nancy Pelosi said after emerging from a meeting with Democrats.


"It was a bill that was passed in the U.S. senate 89-8. Tell me when you've had that on a measure as controversial as this?" she said of the overwhelming vote.


Pelosi could not say, however, whether the measure had the backing of most House Democrats. "Our members are making their decisions now," she said.


Biden, who brokered the deal with McConnell, joined Democrats for a midday meeting on Capitol Hill seeking to shore up support for the plan.


While Congress technically missed the midnight Dec. 31 deadline to avert the so-called cliff, both sides have expressed eagerness to enact a post-facto fix before Americans go back to work and the stock market opens Wednesday.


"This may take a little while but, honestly, I would argue we should vote on it today," said Rep. Tom Cole, R-Okla., who sits on the Budget Committee. "We know the essential details and I think putting this thing to bed before the markets is important.


"We ought to take this deal right now and we'll live to fight another day, and it is coming very soon on the spending front."


The Senate passed legislation shortly after 2 a.m. that would extend current tax rates on 98 percent of Americans, raise taxes on the wealthiest earners and delay by two months the pending automatic spending cuts to defense and domestic programs, known as the "sequester."


The measure passed by an overwhelming majority vote of 89-8, boosting the prospects that enough House members would follow suit to make it law.


If the House amends the bill, however, the fragile compromise could get shattered. The Senate would need to reconvene to consider the changes.


A Senate Democratic leadership aide told ABC News, "we did our work, and McConnell's office said they were confident of House passage. All bets are off if they amend our bill."


Meanwhile, most Senators have already returned home, dismissed early this morning by Majority Leader Sen. Harry Reid.


"I've said all along our most important priority is protecting middle-class Americans, this legislation does that," Senate Majority Leader Harry Reid, D-Nev., said early this morning prior to the vote.






Read More..

2012 review: The year in health science

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Read more: "2013 Smart Guide: 10 ideas that will shape the year"











The first half of 2012 will be remembered for the saga over whether or not to publish controversial research involving versions of the H5N1 bird flu virus engineered to spread more easily in mammals. In the end openness won out, and both contentious studies did finally see the light of day.












This was also the year that saw the battle to eradicate polio reach its crucial endgame – just as another problem, in the form of totally drug resistant tuberculosis, reared its head.












Away from infectious disease, 2012 brought us a theory on the link between Tutankhamun, epilepsy and the first monotheistic religion, and an insight into the perils of premature ageing in Italy's ominously named Triangle of Death. Here are 10 more of the year's memorable stories.












Babies are born dirty, with a gutful of bacteria
Far from being sterile, babies come complete with an army of bacteria. The finding could have implications for gut disorders and our health in general












Forensic failure: 'Miscarriages of justice will occur'
Our survey of UK forensic scientists reveals that many are concerned that closure of the Forensic Science Service will lead to miscarriages of justice












Scandal of an underfunded and undertreated cancer
Lung cancer in those who have never smoked is on the rise – but they face the same stigma as their smoking counterparts












Ovarian stem cells discovered in humans
Stem cells capable of forming new eggs could promise limitless eggs for IVF treatments, and the rejuvenation of older eggs












Paralysis breakthrough: spinal cord damage repaired
An implant helping paralysed people stand unaided suggests the spinal cord is able to recover function years after severe damage












A real fMRI high: My ecstasy brain scan
Graham Lawton reports the highs, lows and psychedelic purple doors involved in taking MDMA while having his brain scanned












You may carry cells from siblings, aunts and uncles
Male cells found in the umbilical cord blood of baby girls with older brothers suggests fetal cells cross between mother and baby more than once thought












Can we deter athletes who self-harm to win?
The Paralympics may encourage a debate on a dangerous practice – and potential ways to prevent it












First non-hormonal male 'pill' prevents pregnancy
A non-hormonal drug that temporarily reverses male fertility appears to have few side effects in mice












Mining MRSA genetic code halts superbug outbreak
Whole genome sequencing of an MRSA outbreak has identified the person who unwittingly spread the bacteria around a hospital, stopping further infection

















































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No House vote before US 'fiscal cliff' deadline

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WASHINGTON: The US House of Representatives will not vote on Monday on an 11th-hour proposal to prevent the country from tottering over the so-called "fiscal cliff," a senior Republican source told AFP.

US markets will not immediately feel the shock of the failure as January 1 is a public holiday, giving lawmakers a short breathing space in which to hammer out a stop-gap deal and pass it through the Senate and House on Tuesday.

Lawmakers worked feverishly through the night to hammer out a deal that would raise tax rates on the wealthy but preserve tax breaks for the middle class and maintain some key stimulus benefits like unemployment insurance.

At the end of the day Monday, while President Barack Obama and lawmakers acknowledged they were close, there was still no finalised deal between Senate Republicans and Democrats, including Vice President Joe Biden who is now playing a key part in negotiations.

"We don't have anything to vote on," the senior House Republican source said, referring to the lack of any bill in the Senate.

There was "no chance they pass something early enough that we could (vote) before midnight, even if we wanted to," he said.

Another House Republican source sought to downplay the fact that lawmakers were missing their self-imposed deadline.

"If a deal is reached, there's little difference between a vote tonight or tomorrow to give members a chance to review," the source said.

Some would argue there is a very clear distinction.

Passing a measure on New Year's Eve would mean Republicans - who by and large oppose raising taxes on anyone - vote for a tax hike on the wealthy.

If they wait until January 1, when the tax cuts first enacted under president George W. Bush expire and rates go up on everyone, Republicans could then turn around and vote to reduce taxes on the middle class.

As for whether the Senate could get it together to at least present a bipartisan deal before the year end, the number-two Republican in the chamber was non-committal.

"I don't know" if a Monday night vote was still possible, Senator Jon Kyl told AFP.

The Republican caucus was going to "try to get together here before long, and at least review the bidding and see where we are," he said.

"A lot of progress has been made, and I think it's obvious that we either have to have something finished here very soon or it's not going to happen."

- AFP/de



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Crossfade preventing play count updates in iTunes 11

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iTunes 11 is the latest version of Apple's music player and management software, but if you have upgraded your
iTunes installation to this latest version you may find that some of the statistics regarding your library are not being updated.


Whenever you play a song in iTunes, the program keeps track of the number of times the song has completed playing, how many times it is skipped, and when these events occurred. This information is stored in the library and used to help determine how to build automatic playlists from the songs you prefer, among other functions.


After upgrading to iTunes 11, however, some users are finding that these statistics are not being updated, and songs can be played numerous times with no change to the dates and counts listed in the library.




iTunes 11 crossfade preferences

Uncheck this option in the iTunes preferences to have play counts be properly updated, at least until a patch for iTunes is released.



(Credit:
Screenshot by Topher Kessler/CNET)


This problem has not happened with everyone who has upgraded iTunes, and after users investigated this issue in a rather lengthy Apple Discussion thread, they found that this issue is linked to the use of the iTunes crossfade function. This feature allows for a more seamless transition between songs during playback, which can be useful in some situations; however, it seems this avoids the end of the song and iTunes does not recognize it as having been played.


As a result, if you find that iTunes is not updating play counts, then go to the program's preferences and in the Playback section uncheck the "Crossfade" feature (merely changing its value will not have an effect).


This bug in iTunes will likely be addressed in an upcoming update, but as it stands is a relatively minor issue. While those who wish to keep tabs on their songs and library uses may find this a bit of an inconvenience, it is not one that will have any impact on folks who use iTunes tonight for New Year's celebrations.



Questions? Comments? Have a fix? Post them below or !
Be sure to check us out on Twitter and the CNET Mac forums.


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Space Pictures This Week: Ice “Broccoli,” Solar Storm

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