Monday, May 7, 2007 [[Page D627]] Daily Digest Senate Chamber Action Routine Proceedings, pages S5623-S5673 Measures Introduced: Thirteen bills and four resolutions were introduced, as follows: S. 1312-1324, S. Res. 189-190, and S. Con. Res. 33. Page S5655 Measures Reported: S. 496, to reauthorize and improve the program authorized by the Appalachian Regional Development Act of 1965, with amendments. (S. Rept. No. 110-63) S. 163, to improve the disaster loan program of the Small Business Administration, with an amendment in the nature of a substitute. (S. Rept. No. 110-64) Page S5655 Measures Passed: Senate Legal Representation: Senate agreed to S. Res. 189, to authorize testimony and legal representation in District of Columbia v. Ellen E. Barfield, Eve-Leona Tetaz, Jeffrey A. Leys, and Jerome A. Zawada. Page S5669 Kansas Disaster: Senate agreed to S. Res. 190, expressing the condolences of the Nation to the community of Greensburg, Kansas. Page S5669 Measures Considered: Prescription Drug User Fee Amendments: Senate resumed consideration of S. 1082, to amend the Federal Food, Drug, and Cosmetic Act to reauthorize and amend the prescription drug user fee provisions, and taking action on the following amendments proposed thereto: Pages S5634-51 Adopted: By 49 yeas and 40 nays (Vote No. 151), Cochran Amendment No. 1010 (to Amendment No. 990), to protect the health and safety of the public. Pages S5634, S5637-41 Dorgan Amendment No. 990, to provide for the importation of prescription drugs. Pages S5634, S5641 Pending: Landrieu Amendment No. 1004, to require the Food and Drug Administration to permit the sale of baby turtles as pets so long as the seller uses proven methods to effectively treat salmonella. Page S5634 Stabenow Amendment No. 1011, to insert provisions related to citizens petitions. Page S5634 Brown (for Brownback/Brown) Amendment No. 985, to establish a priority drug review process to encourage treatments of tropical diseases. Page S5634 Vitter Amendment No. 983, to require counterfeit-resistant technologies for prescription drugs. Page S5634 Inhofe Amendment No. 988, to protect children and their parents from being coerced into administering a controlled substance in order to attend school. Page S5634 Gregg/Coleman Amendment No. 993, to provide for the regulation of Internet pharmacies. Pages S5634, S5647-51 During consideration of this measure today, Senate also took the following action: By 82 yeas to 8 nays (Vote No. 152), three-fifths of those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to the motion to close further debate on the committee amendment in the nature of a substitute, as modified, and amended. Pages S5641-42 A unanimous-consent agreement was reached providing for further consideration of the bill at 11 a.m., on Tuesday, May 8, 2007 and that second-degree amendments must be filed by 10:30 a.m., notwithstanding Rule XXII. Page S5669 Kapala Nomination--Agreement: A unanimous-consent-time agreement was reached proving that at 11:50 a.m., on Tuesday, May 8, 2007, Senate begin consideration of the nomination of Frederick J. Kapala, to be United States District Judge for the Northern District of Illinois; provided further, that there be 20 minutes of debate equally divided between the Chairman and Ranking Member of the Committee on the Judiciary, or their designees; at the conclusion or yielding back of time, Senate vote on the nomination. Pages S5668-69 Nominations Received: Senate received the following nominations: William G. Sutton, Jr., of Virginia, to be an Assistant Secretary of Commerce. 3 Army nominations in the rank of general. A routine list in the Foreign Service. Page S5673 [[Page D628]] Messages from the House: Page S5652 Measures Referred: Page S5652 Measures Placed on the Calendar: Page S5652 Measures Read the First Time: Pages S5652, S5669 Executive Communications: Pages S5652-55 Additional Cosponsors: Pages S5655-57 Statements on Introduced Bills/Resolutions: Pages S5657-61 Additional Statements: Pages S5651-52 Amendments Submitted: Pages S5661-68 Notices of Hearings/Meetings: Page S5668 Record Votes: Two record votes were taken today. (Total--152) Pages S5641, S5642 Adjournment: Senate convened at 2:15 p.m., and adjourned at 6:51 p.m., until 10 a.m. on Tuesday, May 8, 2007. (For Senate's program, see the remarks of the Majority Leader in today's Record on page S5669.) Committee Meetings (Committees not listed did not meet) APPROPRIATIONS: NATIONAL INSTITUTES OF HEALTH Committee on Appropriations: Subcommittee on Labor, Health and Human Services, Education, and Related Agencies concluded a hearing to examine proposed budget estimates for fiscal year 2008 for the National Institutes of Health: Frontiers of Science, after receiving testimony from Jeremy Mark Berg, Director, National Institute of General Medicine Sciences, Francis S. Collins, Director, National Human Genome Research Institute, Donald A.B. Lindberg, Director, National Library of Medicine, and Roderic I. Pettigrew, Director, National Institute of Biomedical Imaging and Bioengineering, all of the National Institutes of Health, Department of Health and Human Services. House of Representatives Chamber Action Public Bills and Resolutions Introduced: 16 public bills, H.R. 2183- 2198; 1 private bill, H. Res. 381; and 5 resolutions, H. Con. Res. 143; and H. Res. 376, 378-380 were introduced. Pages H4552-53 Additional Cosponsors: Pages H4553-54 Reports Filed: A report was filed on May 4, 2007 as follows: H.R. 1684, to authorize appropriations for the Department of Homeland Security for fiscal year 2008, with an amendment (H. Rept. 110-122); Reports were filed today as follows: H. Con. Res. 124, authorizing the use of the Capitol Grounds for the National Peace Officers' Memorial Service (H. Rept. 110-123); H.R. 1294, to extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy Indian Tribe--Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the Nansemond Indian Tribe, with an amendment (H. Rept. 110-124); H.R. 1140, to authorize the Secretary, in cooperation with the City of San Juan Capistrano, California, to participate in the design, planning, and construction of an advanced water treatment plant facility and recycled water system (H. Rept. 110-125); H.R. 1114, to require the Secretary of the Interior, acting through the Bureau of Reclamation and the United States Geological Survey, to conduct a study on groundwater resources in the State of Alaska (H. Rept. 110-126); H.R. 1080, to modify the boundaries of Grand Teton National Park to include certain land within the GT Park Subdivision (H. Rept. 110-127); H.R. 487, to amend the Cheyenne River Sioux Tribe Equitable Compensation Act to provide compensation to members of the Cheyenne River Sioux Tribe for damage resulting from the Oahe Dam and Reservoir Project (H. Rept. 110-128); H.R. 1595, to implement the recommendations of the Guam War Claims Review Commission, with an amendment (H. Rept. 110-129); H. Res. 377, providing for consideration of H.R. 1294, to extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy Indian Tribe--Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the Nansemond Indian Tribe (H. Rept. 110-130); and H.R. 2082, to authorize appropriations for fiscal year 2008 for intelligence and intelligence-related activities of the United States Government, the [[Page D629]] Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes (H. Rept. 110- 131). Page H4552 Speaker: Read a letter from the Speaker wherein she appointed Representative Filner to act as Speaker Pro Tempore for today. Page H4489 Recess: The House recessed at 12:31 p.m. and reconvened at 2 p.m. Page H4489 Clerk Designations: Read a letter from the Clerk wherein she designated Ms. Deborah M. Spriggs, Deputy Clerk, and Mr. Jorge E. Sorensen, Deputy Clerk, to sign any and all papers and do all other acts in case of her temporary absence or disability. Pages H4489-90 Suspensions: The House agreed to suspend the rules and pass the following measures: Recognizing and welcoming the leaders of the Pacific Islands to Washington, D.C., and commending the East-West Center for hosting the Pacific Islands Conference of Leaders: H. Res. 355, to recognize and welcome the leaders of the Pacific Islands to Washington, D.C., and to commend the East-West Center for hosting the Pacific Islands Conference of Leaders; Pages H4490-94 Authorizing the use of the Capitol Grounds for the National Peace Officers' Memorial Service: H. Con. Res. 124, to authorize the use of the Capitol Grounds for the National Peace Officers' Memorial Service; Pages H4494-95 Columbia-Pacific National Heritage Area Study Act: H.R. 407, amended, to direct the Secretary of the Interior to conduct a study to determine the feasibility of establishing the Columbia-Pacific National Heritage Area in the States of Washington and Oregon, by a \2/3\ yea-and-nay vote of 294 yeas to 80 nays, Roll No. 302; Pages H4499-H4502, H4526-27 Grand Teton National Park Extension Act of 2007: H.R. 1080, to modify the boundaries of Grand Teton National Park to include certain land within the GT Park Subdivision; Page H4502 Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2007: H.R. 487, to amend the Cheyenne River Sioux Tribe Equitable Compensation Act to provide compensation to members of the Cheyenne River Sioux Tribe for damage resulting from the Oahe Dam and Reservoir Project; Pages H4502-05 City of Oxnard Water Recycling and Desalination Act of 2007: H.R. 1737, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of permanent facilities for the GREAT project to reclaim, reuse, and treat impaired waters in the area of Oxnard, California; Pages H4505-06 Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project: H.R. 30, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project; Page H4506 Lower Republican River Basin Study Act: H.R. 1025, to authorize the Secretary of the Interior to conduct a study to determine the feasibility of implementing a water supply and conservation project to improve water supply reliability, increase the capacity of water storage, and improve water management efficiency in the Republican River Basin between Harlan County Lake in Nebraska and Milford Lake in Kansas, by a \2/3\ yea-and-nay vote of 370 yeas to 1 nay, Roll No. 303; Pages H4506-07, H4527 Alaska Water Resources Act of 2007: H.R. 1114, to require the Secretary of the Interior, acting through the Bureau of Reclamation and the United States Geological Survey, to conduct a study on groundwater resources in the State of Alaska; Pages H4507-08 South Orange County Recycled Water Enhancement Act: H.R. 1140, to authorize the Secretary, in cooperation with the City of San Juan Capistrano, California, to participate in the design, planning, and construction of an advanced water treatment plant facility and recycled water system; Pages H4508-09 Homeless Veterans Housing at Sepulveda Ambulatory Care Center Promotion Act: H.R. 1642, to direct the Secretary of Veterans Affairs to ensure that, to the extent possible, an enhanced-use lease for a homeless housing project at the Department of Veterans Affairs facility known as the Sepulveda Ambulatory Care Center, located in North Hills, California, shall provide that such housing project shall be maintained as a sober living facility for veterans only; Pages H4516-19 Commending the Michigan State University Spartans for their victory in the 2007 NCAA Hockey Championship: H. Res. 325, amended, to commend the Michigan State University Spartans for their victory in the 2007 NCAA Hockey Championship; Pages H4519-20 Honoring the contributions of the Rocky Mountain Senior Games on its 30th anniversary for significantly improving the health and well-being of [[Page D630]] older Americans: H. Res. 290, to honor the contributions of the Rocky Mountain Senior Games on its 30th anniversary for significantly improving the health and well-being of older Americans; Pages H4520-21 In observance of National Physical Education and Sports Week: H. Res. 371, to observe National Physical Education and Sports Week, by a \2/3\ yea-and-nay vote of 373 yeas with none voting ``nay'', Roll No. 304; Pages H4521-23, H4527-28 Recognizing annually a National Classified School Employee of the Year and honoring the valuable contributions of Classified School Employees in the United States: H. Res. 376, to recognize annually a National Classified School Employee of the Year and to honor the valuable contributions of Classified School Employees in the United States; and Pages H4523-24 Supporting the goals and ideals of ``National Correctional Officers and Employees Week'' and honoring the service of correctional officers and employees: H. Res. 264, to support the goals and ideals of ``National Correctional Officers and Employees Week'' and to honor the service of correctional officers and employees. Pages H4524-26 Setting forth the congressional budget for the United States Government for fiscal year 2008--Rule for Consideration: The House debated H. Res. 370, the rule providing for consideration of S. Con. Res. 21, setting forth the congressional budget for the United States Government for fiscal year 2008 and including the appropriate budgetary levels for fiscal years 2007 and 2009 through 2012. Further consideration is expected to resume on Tuesday, May 8th. Pages H4509-16 Recess: The House recessed at 6:02 p.m. and reconvened at 6:30 p.m. Page H4526 Suspension--Proceeding Postponed: The House debated the following measure under suspension of the rules. Further proceedings were postponed until Tuesday, May 8th: Guam World War II Loyalty Recognition Act: H.R. 1595, amended, to implement the recommendations of the Guam War Claims Review Commission. Pages H4495-99 Senate Message: Message received from the Senate by the Clerk and subsequently presented to the House today appears on page H4489. Quorum Calls--Votes: Three yea-and-nay votes developed during the proceedings of today and appear on pages H4526-27, H4527 and H4527-28. There were no quorum calls. Adjournment: The House met at 12:30 p.m. and adjourned at 10:34 p.m. Committee Meetings SELECT INTELLIGENCE OVERSIGHT PANEL Committee on Appropriations: Select Intelligence Oversight Panel met in executive session to hold a hearing on the National Geospatial Agency. Testimony was heard from departmental witnesses. THOMASINA E. JORDAN INDIAN TRIBES OF VIRGINIA FEDERAL RECOGNITION ACT OF 2007 Committee on Rules: Granted, by non-record vote, a closed rule. The rule provides 1 hour of debate on H.R. 1294, Thomasina E. Jordon Indian Tribes of Virginia Federal Recognition Act of 2007, in the House equally divided and controlled by the chairman and ranking minority member of the Committee on Natural Resources. The rule waives all points of order against consideration of the bill except for clauses 9 and 10 of Rule XXI. The amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill, modified by the amendments printed in the report of the Committee on Rules, shall be considered as adopted and the bill, as amended, shall be considered as read. The rule waives all points of order against the bill, as amended. The rule provides one motion to recommit with or without instructions. Finally, the rule provides that the Chair may postpone further consideration of the bill to a time designated by the Speaker. Testimony was heard from Representatives Grijalva and Moran of Virginia. COMMITTEE MEETINGS FOR TUESDAY, MAY 8, 2007 (Committee meetings are open unless otherwise indicated) Senate Committee on Appropriations: Subcommittee on Energy and Water Development, to hold hearings to examine the policies and funding necessary for reducing U.S. oil dependence relating to the results of an analysis conducted to assess the economic impact of implementing the Energy Security Leadership Council's recommendations to the Nation, 2:30 p.m., SD-192. Committee on Commerce, Science, and Transportation: business meeting to consider pending calendar business, 10 a.m., SR-253. Committee on Finance: to hold an oversight hearing to examine the Medicare prescription drug benefit, 10 a.m., SD-215. [[Page D631]] Committee on Health, Education, Labor, and Pensions: to hold hearings to examine community integration and recovery, focusing on transforming mental health and substance abuse systems of care, 10 a.m., SD-628. Committee on the Judiciary: to hold hearings to examine privacy and civil liberties concerns, focusing on the REAL ID Act (Public Law 109-13), 10 a.m., SD-226. Select Committee on Intelligence: closed business meeting to consider certain intelligence matters, 2:30 p.m., SH-219. House Committee on Agriculture, Subcommittee on Livestock, Dairy, and Poultry, hearing to review the welfare of animals in agriculture, 10:30 a.m., 1300 Longworth. Committee on Armed Services, Subcommittee on Readiness, to mark up H.R. 1585, National Defense Authorization Act for Fiscal Year 2008, 10 a.m., 2118 Rayburn. Committee on Education and Labor, Subcommittee on Health, Education, Labor and Pensions, hearing on ``Are NLRB and Court Rulings Misclassifying Skilled and Professional Employees as Supervisors?'' 2:30 p.m., 2175 Rayburn. Committee on Energy and Commerce, Subcommittee on Energy and Air Quality, hearing entitled ``Alternative Fuels: Current Status, Proposals for New Standards, and Related Infrastructure Issues,'' 10 a.m., 2123 Rayburn. Committee on Financial Services, Subcommittee on Financial Institutions and Consumer Credit, hearing on the Role of the Secondary Market in Subprime Mortgage Lending, 10 a.m., 2128 Rayburn. Subcommittee on Housing and Community Opportunity, hearing entitled ``Rural Housing Programs: Review Fiscal Year 2008 Budget and Pending Rural Housing Legislation,'' including the following bills: H.R. 1980, Housing Assistance Council Authorization Act of 2007; and H.R. 1982, Rural Housing and Economic Development Improvement Act of 2007, 2 p.m., 2128 Rayburn. Committee on Foreign Affairs, Subcommittee on the Middle East and South Asia, hearing on Two Sides of the Same Coin: Jewish and Palestinian Refugees, 10 a.m., 2172 Rayburn. Committee on House Administration, to consider the following: H.R. 811, Voter Confidence and Increased Accessibility Act of 2007; Russell v. Brown-Waite (FL-5); Gonzalez v. Diaz-Balart (FL-21); Curtis v. Feeney (FL-24); and Cox v. McCrery (LA-4); and a Committee Franking Allocation Resolution, 1 p.m., 1310 Longworth. Committee on the Judiciary, Antitrust Task Force, hearing on the findings and recommendations of the Antitrust Modernization Commission, as established by the Antitrust Modernization Commission Act of 2002, 2 p.m., 2141 Rayburn. Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, hearing on the Role of Family-Based Immigration in the U.S. Immigration System, 9:30 a.m., 2141 Rayburn. Committee on Rules, to consider the following: H.R. 1684, Department of Homeland Security Authorization Act for Fiscal Year 2008; and H.R. 1873, Small Business Fairness in Contracting Act, 3 p.m., H-313 Capitol. Committee on Transportation and Infrastructure, Subcommittee on Economic Development, Public Buildings and Emergency Management and the Subcommittee on Water Resources and Environment, joint hearing on National Levee Safety and Dam Safety Programs, 10 a.m., 2167 Rayburn. Subcommittee on Railroads, Pipelines and Hazardous Materials, hearing on Rail Safety Legislation, 2 p.m., 2167 Rayburn. Committee on Veterans' Affairs, Subcommittee on Disability Assistance and Memorial Affairs, to mark up H.R. 67, Veterans Outreach Improvement Act of 2007; followed by a hearing on Veterans Cemeteries: Honoring Those Who Served, 2 p.m., 334 Cannon. Subcommittee on Oversight and Investigations, hearing on Sharing of Electronic Medical Records between Department of Defense and Department of Veterans' Affairs, 10 a.m., 334 Cannon. Committee on Ways and Means, Subcommittee on Income Security and Family Support and the Subcommittee on Select Revenue Measures, joint hearing on Independent Workers, 9:30 a.m., 1100 Longworth. CONGRESSIONAL RECORD (USPS 087ÿ09390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. 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Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, Along with the entire mailing label from the last issue received. [[Page D632]] _______________________________________________________________________ Next Meeting of the SENATE 10 a.m., Tuesday, May 8 __________ Senate Chamber Program for Tuesday: After the transaction of any morning business (not to extend beyond 60 minutes), Senate will continue consideration of S. 1082, Prescription Drug User Fee Amendments. At 11:50 a.m. Senate will begin consideration of the nomination of Frederick J. Kapala, to be United States District Judge for the Northern District of Illinois and after a period of debate vote on confirmation thereon. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.) Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Tuesday, May 8 __________ House Chamber Program for Tuesday: Consideration of the following suspensions: (1) H. Res. 307--Expressing the sense of the House of Representatives that public servants should be commended for their dedication and continued service to the Nation during Public Service Recognition Week, May 7 through 13, 2007; (2) H. Con. Res. 117--Commemorating the 400th Anniversary of the settlement of Jamestown; (3) H. Res. 291--Supporting the goals and ideals of Peace Officers Memorial Day; (4) H. Con. Res. 105--Supporting the goals and ideals of a National Suffragists Day to promote awareness of the importance of the women suffragists who worked for the right of women to vote in the United States; (5) H.R. 2080--To amend the District of Columbia Home Rule Act to conform the District charter to revisions made by the Council of the District of Columbia relating to public education; and (6) H.R. 2081--To amend the District of Columbia Home Rule Act to increase the salary of the Chief Financial Officer of the District of Columbia. Consideration of H.R. 1294-- Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2006 (Subject to a Rule) and H.R. 1873--Small Business Fairness in Contracting Act (Subject to a Rule). _______________________________________________________________________ Extensions of Remarks, as inserted in this issue HOUSE Abercrombie, Neil, Hawaii, E972 Baca, Joe, Calif., E969 Boustany, Charles W., Jr., La., E969 Brady, Kevin, Tex., E973 Brown-Waite, Ginny, Fla., E969 Butterfield, G.K., N.C., E972 Carson, Julia, Ind., E966 Cooper, Jim, Tenn., E976 Cummings, Elijah E., Md., E968 Davis, David, Tenn., E972 Dingell, John D., Mich., E968 Ehlers, Vernon J., Mich., E973 Engel, Eliot L., N.Y., E967 Frelinghuysen, Rodney P., N.J., E971, E972 Hastings, Alcee L., Fla., E971 Hinchey, Maurice D., N.Y., E970 Hooley, Darlene, Ore., E975 Jackson-Lee, Sheila, Tex., E966 Johnson, Henry C. ``Hank'', Jr., Ga., E965, E965, E966, E967, E968 Kildee, Dale E., Mich., E974 Kirk, Mark Steven, Ill., E975 Lee, Barbara, Calif., E974 Lewis, Jerry, Calif., E966 Myrick, Sue Wilkins, N.C., E971, E971 Porter, Jon C., Nev., E965, E967, E968, E970, E971, E973, E974, E975, E976 Radanovich, George, Calif., E970 Reyes, Silvestre, Tex., E967 Sali, Bill, Idaho, E965 Skelton, Ike, Mo., E965, E965 Tiahrt, Todd, Kans., E970 Udall, Mark, Colo., E973 Wamp, Zach, Tenn., E975 Woolsey, Lynn C., Calif., E974