Tuesday, January 16, 2007 [[Page D44]] Daily Digest Senate Chamber Action Routine Proceedings, pages S529-S629 Measures Introduced: Sixteen bills and one resolution were introduced, as follows: S. 294-309, and S. Res. 30. Pages S578-79 Ethics Bill: Senate resumed consideration of S. 1, to provide greater transparency in the legislative process, taking action on the following amendments proposed thereto: Pages S550-71 Adopted: Feinstein/Rockefeller Amendment No. 70 (to Amendment No. 3), to prohibit an earmark from being included in the classified portion of a report accompanying a measure unless the measure includes a general program description, funding level, and the name of the sponsor of that earmark. Page S556 By a unanimous vote of 98 yeas (Vote No. 10), Durbin Modified Amendment No. 44 (to Amendment No. 11), to strengthen earmark reform. Pages S567-68 By a unanimous vote of 98 yeas (Vote No. 11), DeMint Amendment No. 11 (to Amendment No. 3), to strengthen the earmark reform, as amended. Pages S567-68 Withdrawn: Feingold Amendment No. 32 (to Amendment No. 3), to increase the cooling off period for senior staff to 2 years and to prohibit former Members of Congress from engaging in lobbying activities in addition to lobbying contacts during their cooling off period. Page S558 Reid (for Feingold/Obama) Amendment No. 54 (to Amendment No. 3), to prohibit lobbyists and entities that retain or employ lobbyists from throwing lavish parties honoring Members at party conventions. Page S558 Pending: Reid Amendment No. 3, in the nature of a substitute. Page S550 Reid Modified Amendment No. 4 (to Amendment No. 3), to strengthen the gift and travel bans. (As modified, the amendment incorporates the provisions of Bennett (for McCain) Amendment No. 19.) Pages S550, S569 DeMint Amendment No. 12 (to Amendment No. 3), to clarify that earmarks added to a conference report that are not considered by the Senate or the House of Representatives are out of scope. Page S550 DeMint Amendment No. 14 (to Amendment No. 3), to protect individuals from having their money involuntarily collected and used for lobbying by a labor organization. Page S550 Vitter/Inhofe Further Modified Amendment No. 9 (to Amendment No. 3), to prohibit Members from having official contact with any spouse of a Member who is a registered lobbyist. Page S550 Leahy/Pryor Amendment No. 2 (to Amendment No. 3), to give investigators and prosecutors the tools they need to combat public corruption. Page S550 Gregg Amendment No. 17 (to Amendment No. 3), to establish a legislative line item veto. Page S550 Ensign Amendment No. 24 (to Amendment No. 3), to provide for better transparency and enhanced congressional oversight of spending by clarifying the treatment of matter not committed to the conferees by either House. Page S550 Ensign Modified Amendment No. 25 (to Amendment No. 3), to ensure full funding for the Department of Defense within the regular appropriations process, to limit the reliance of the Department of Defense on supplemental appropriations bills, and to improve the integrity of the congressional budget process. Page S550 Cornyn Amendment No. 26 (to Amendment No. 3), to require full separate disclosure of any earmarks in any bill, joint resolution, report, conference report or statement of managers. Page S550 Cornyn Amendment No. 27 (to Amendment No. 3), to require 3 calendar days notice in the Senate before proceeding to any matter. Page S550 Bennett (for McCain) Amendment No. 28 (to Amendment No. 3), to provide congressional transparency. Page S550 Bennett (for McCain) Amendment No. 29 (to Amendment No. 3), to provide congressional transparency. Page S551 Lieberman Amendment No. 30 (to Amendment No. 3), to establish a Senate Office of Public Integrity. Pages S551, S560-62 [[Page D45]] Bennett/McConnell Amendment No. 20 (to Amendment No. 3), to strike a provision relating to paid efforts to stimulate grassroots lobbying. Page S551 Thune Amendment No. 37 (to Amendment No. 3), to require any recipient of a Federal award to disclose all lobbying and political advocacy. Page S551 Feinstein/Rockefeller Amendment No. 42 (to Amendment No. 3), to prohibit an earmark from being included in the classified portion of a report accompanying a measure unless the measure includes a general program description, funding level, and the name of the sponsor of that earmark. Page S551 Feingold Amendment No. 31 (to Amendment No. 3), to prohibit former Members of Congress from engaging in lobbying activities in addition to lobbying contacts during their cooling off period. Page S551 Feingold Amendment No. 33 (to Amendment No. 3), to prohibit former Members who are lobbyists from using gym and parking privileges made available to Members and former Members. Page S551 Feingold Amendment No. 34 (to Amendment No. 3), to require Senate campaigns to file their FEC reports electronically. Page S551 Durbin Amendment No. 36 (to Amendment No. 3), to require that amendments and motions to recommit with instructions be copied and provided by the clerk to the desks of the Majority Leader and the Minority Leader before being debated. Page S551 Cornyn Amendment No. 45 (to Amendment No. 3), to require 72 hour public availability of legislative matters before consideration. Page S551 Cornyn Amendment No. 46 (to Amendment No. 2), to deter public corruption. Page S551 Bond (for Coburn) Amendment No. 48 (to Amendment No. 3), to require all recipients of Federal earmarks, grants, subgrants, and contracts to disclose amounts spent on lobbying and a description of all lobbying activities. Page S551 Bond (for Coburn) Amendment No. 49 (to Amendment No. 3), to require all congressional earmark requests to be submitted to the appropriate Senate committee on a standardized form. Page S551 Bond (for Coburn) Amendment No. 50 (to Amendment No. 3), to provide disclosure of lobbyist gifts and travel instead of banning them as proposed. Page S551 Bond (for Coburn) Amendment No. 51 (to Amendment No. 3), to prohibit Members from requesting earmarks that may financially benefit that Member or immediate family member of that Member. Page S551 Nelson (NE) Amendment No. 47 (to Amendment No. 3), to help encourage fiscal responsibility in the earmarking process. Page S551 Reid (for Lieberman) Amendment No. 43 (to Amendment No. 3), to require disclosure of earmark lobbying by lobbyists. Page S551 Reid (for Casey) Amendment No. 56 (to Amendment No. 3), to eliminate the K Street Project by prohibiting the wrongful influencing of a private entity's employment decisions or practices in exchange for political access or favors. Pages S551, S559-60 Sanders Amendment No. 57 (to Amendment No. 3), to require a report by the Commission to Strengthen Confidence in Congress regarding political contributions before and after the enactment of certain laws. Pages S552-54 Bennett (for Coburn) Amendment No. 59 (to Amendment No. 3), to provide disclosure of lobbyist gifts and travel instead of banning them as proposed. Pages S554-56 Bennett (for Coleman) Amendment No. 39 (to Amendment No. 3), to require that a publicly available website be established in Congress to allow the public access to records of reported congressional official travel. Pages S554-56 Feingold Amendment No. 63 (to Amendment No. 3), to increase the cooling off period for senior staff to 2 years and to prohibit former Members of Congress from engaging in lobbying activities in addition to lobbying contacts during their cooling off period. Pages S556-57 Feingold Amendment No. 64 (to Amendment No. 3), to prohibit lobbyists and entities that retain or employ lobbyists from throwing lavish parties honoring Members at party conventions. Pages S556-57 Feingold/Obama Amendment No. 76 (to Amendment No. 3), to clarify certain aspects of the lobbyist contribution reporting provision. Pages S556-57 Feingold Amendment No. 65 (to Amendment No. 4), to prohibit lobbyists and entities that retain or employ lobbyists from throwing lavish parties honoring Members at party conventions. Page S558 Bennett (for Lott) Amendment No. 78 (to Amendment No. 4), to only allow official and officially related travel to be paid for by appropriated funds. Page S559 Bennett (for Lott) Amendment No. 79 (to Amendment No. 4), to only allow official and officially related travel to be paid for by appropriated funds. Page S559 Bennett Modified Amendment No. 81 (to Amendment No. 4), to permit travel hosted by preapproved 501(c)(3) organizations. Page S559 [[Page D46]] Obama/Feingold Amendment No. 41 (to Amendment No. 3), to require lobbyists to disclose the candidates, leadership PACs, or political parties for whom they collect or arrange contributions, and the aggregate amount of the contributions collected or arranged. Pages S565-66 Nelson (NE)/Salazar Amendment No. 71 (to Amendment No. 3), to extend the laws and rules passed in this bill to the executive and judicial branches of government. During consideration of this measure today, the following action, also occurred: By 95 yeas to 2 nays (Vote No. 12), 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 Reid Modified Amendment No. 4 (listed above). Pages S566-67, S569 A unanimous-consent agreement was reached providing for further consideration of the bill at approximately 11 a.m., on Wednesday, January 17, 2007; and that notwithstanding the provisions of Rule XXII, all time during the adjournment of the Senate and the recess from 12:30 p.m. to 2:15 p.m., on Wednesday, January 17, 2007, count against post- cloture time. Page S628 Appointments: John F. Kennedy Center for the Performing Arts: The Chair, on behalf of the President of the Senate, pursuant to Public Law 85-874, as amended, appointed the following individual to the Board of Trustees of the John F. Kennedy Center for the Performing Arts: Senator Feinstein. Page S628 Nominations Received: Senate received the following nominations: Norman Randy Smith, of Idaho, to be United States Circuit Judge for the Ninth Circuit. Rosa Emilia Rodriguez-Velez, of Puerto Rico, to be United States Attorney for the District of Puerto Rico for the term of four years. John Wood, of Missouri, to be United States Attorney for the Western District of Missouri for the term of four years. Michael David Credo, of Louisiana, to be United States Marshal for the Eastern District of Louisiana for the term of four years. Robert Gideon Howard, Jr., of Arkansas, to be United States Marshal for the Eastern District of Arkansas for the term of four years. 5 Army nominations in the rank of general. 11 Marine Corps nominations in the rank of general. 1 Navy nomination in the rank of admiral. A routine list in the Marine Corps. Page S629 Nomination Withdrawn: Senate received notification of withdrawal of the following nomination: Norman Randy Smith, of Idaho, to be United States Circuit Judge for the Ninth Circuit, which was sent to the Senate on January 9, 2007. Page S629 Measures Placed on the Calendar: Page S573 Petitions and Memorials: Pages S575-78 Executive Communications: Pages S573-75 Additional Cosponsors: Page S579 Statements on Introduced Bills/Resolutions: Pages S579-S612 Amendments Submitted: Pages S612-27 Notices of Hearings/Meetings: Page S628 Authorities for Committees to Meet: Page S628 Record Votes: Three record votes were taken today. (Total--12) Pages S568, S569 Adjournment: Senate convened at 10 a.m., and adjourned at 7:11 p.m., until 10 a.m., on Wednesday, January 17, 2006. (For Senate's program, see the remarks of the Acting Majority Leader in today's Record on page S629.) Committee Meetings (Committees not listed did not meet) WORKING FAMILIES Committee on Health, Education, Labor, and Pensions: Committee concluded a hearing to examine economic opportunity and security for working families and America's middle-class, after receiving testimony from Eileen Appelbaum, Rutgers, State University of New Jersey Center for Women and Work, New Brunswick; Jacob S. Hacker, Yale University, New Haven, Connecticut; James A. Forbes, Jr., Riverside Church, New York, New York; and Anna R. Cablik, Anatek, Inc., Marietta, Georgia. IRAQI REFUGEES Committee on the Judiciary: Committee concluded a hearing to examine the plight of Iraqi refugees, internally displaced persons (IDPs), and non-Iraqi refugees inside Iraq, after receiving testimony from Ellen Sauerbrey, Assistant Secretary of State, Bureau of Population, Refugees, and Migration; Captain Zachary J. Iscol, USMC, Foreign Military Training Unit, Marine Forces Special Operations Command; Lisa Ramaci-Vincent, Steven Vincent Foundation, New York, New York; Kenneth H. Bacon, Refugees International, and Michel Gabaudan, Office of the United Nations High Commissioner for Refugees, both of Washington, D.C.; and certain protected witnesses. [[Page D47]] House of Representatives Chamber Action Public Bills and Resolutions Introduced: 28 public bills, H.R. 472-498, 500; 2 private bills, H.R. 499, 501; and 5 resolutions, H.J. Res. 15; H. Con. Res. 33; and H. Res. 64, 67-68 were introduced. Pages H571-72 Additional Cosponsors: Pages H572-73 Reports Filed: Reports were filed today as follows: H. Res. 65, providing for consideration of H.R. 5, to amend the Higher Education Act of 1965 to reduce interest rates for student borrowers (H. Rept. 110-1); and H. Res. 66, providing for consideration of H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy (H. Rept. 110-2). Pages H560, H571 Speaker: Read a letter from the Speaker wherein she appointed Representative Ruppersberger to act as Speaker Pro Tempore for today. Page H517 Recess: The House recessed at 12:38 p.m. and reconvened at 2 p.m. Pages H517-18 Suspensions: The House agreed to suspend the rules and pass the following measures: Observing the Birthday of Martin Luther King, Jr: H. Res. 61, to observe the Birthday of Martin Luther King, Jr., and to encourage the people of the United States to observe the Birthday of Martin Luther King, Jr., and the life and legacy of Dr. Martin Luther King, Jr., by a 2/3 Yea and Nay vote of 418 yeas with none voting ``nay,'' Roll No. 24; Pages H519-32, H542-43 Providing a new effective date for the applicability of certain provisions of law to Public Law 105-331: H.R. 188, to provide a new effective date for the applicability of certain provisions of law to Public Law 105-331; Pages H532-34 Authorizing the Secretary of Housing and Urban Development to continue to insure, and to enter into commitments to insure, home equity conversion mortgages under section 255 of the National Housing Act: H.R. 391, to authorize the Secretary of Housing and Urban Development to continue to insure, and to enter into commitments to insure, home equity conversion mortgages under section 255 of the National Housing Act; Pages H534-36 Commending the University of Florida Gators for their victory in the 2006 Bowl Championship Series (BCS) and for winning the national college football championship: H. Res. 39, amended, to commend the University of Florida Gators for their victory in the 2006 Bowl Championship Series (BCS) and for winning the national college football championship, by a 2/3 Yea and Nay vote of 414 yeas to 1 nay, with 3 voting ``present,'' Roll No. 25; and Pages H538-40, H543-44 Commending the Boise State University Broncos football team for winning the 2007 Fiesta Bowl and completing an undefeated season: H. Res. 43, to commend the Boise State University Broncos football team for winning the 2007 Fiesta Bowl and completing an undefeated season by a 2/3 Yea and Nay vote of 415 yeas with none voting ``nay,'' and 2 voting ``present,'' Roll No. 26. Pages H540-42, H544 Suspension--Proceedings Postponed: The House completed debate on the following measure under suspension of the rules. Further proceedings were postponed until tomorrow, Wednesday, January 17. Honoring the Mare Island Original 21ers for their efforts to remedy racial discrimination in employment at Mare Island Naval Shipyard: H. Con. Res. 31, to honor the Mare Island Original 21ers for their efforts to remedy racial discrimination in employment at Mare Island Naval Shipyard. Pages H536-38 Recess: The House recessed at 4:07 p.m. and reconvened at 6:30 p.m. Page H542 Quorum Calls--Votes: Three Yea and Nay votes developed during the proceedings of today and appear on pages H542-43, H543-44, and H544. There were no quorum calls. Adjournment: The House met at 12:30 p.m. and adjourned at 11:15 p.m. Committee Meetings COMMITTEE ORGANIZATION; OVERSIGHT PLAN Committee on Appropriations: Met for organizational purposes. The Committee approved an Oversight Plan for the 110th Congress. IRAQ/AFGHANISTAN--U.S. FORCE PROTECTION Committee on Armed Services: Subcommittee on Seapower and Expeditionary Forces held a hearing on [[Page D48]] Marine Corps force protection equipment for Operation Iraqi Freedom and Operation Enduring Freedom. Testimony was heard from the following officials of the U.S. Marine Corps: BG Randolph D. Alles, USMC, Commanding General, Marine Corps Warfighting Laboratory; and BG Michael M. Brogan, USMC, Commanding General, Marine Corps Systems Command. THE COLLEGE STUDENT RELIEF ACT OF 2007 Committee on Rules: Granted, by a vote of 8 to 4, a closed rule providing 3 hours of general debate on H.R. 5, to amend the Higher Education Act of 1965 to reduce interest rates for student borrowers, in the House equally divided and controlled by the chairman and ranking minority member of the Committee on Education and Labor. The rule waives all points of order against the bill and against its consideration except for clause 9 and 10 of Rule XXI. 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 Chairman Miller of California and Representatives McKeon and Keller. CREATING LONG-TERM ENERGY ALTERNATIVES FOR THE NATION (CLEAN) ACT Committee on Rules: Granted, by a vote of 8 to 4, a closed rule providing 3 hours of general debate on H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes, in the House with 60 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means, 60 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Natural Resources, 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Agriculture, and 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Science and Technology. The rule waives all points of order against the bill and against its consideration except for clause 9 and 10 or Rule XXI. The rule provides one motion to recommit with or without instructions. The rule also provides that during consideration of H.R. 6 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker. Testimony was heard from Chairman Rahall and Representatives Nunes, Bartlett of Maryland and Biggert. NEW PUBLIC LAWS (For last listing of Public Laws, see Daily Digest, p. D35) H.R. 482, to provide for a land exchange involving Federal lands in the Lincoln National Forest in the State of New Mexico. Signed on January 12, 2007. (Public Law 109-474) H.R. 1245, to provide for programs to increase the awareness and knowledge of women and health care providers with respect to gynecologic cancers. Signed on January 12, 2007. (Public Law 109-475) H.R. 4709, to amend title 18, United States Code, to strengthen protections for law enforcement officers and the public by providing criminal penalties for the fraudulent acquisition or unauthorized disclosure of phone records. Signed on January 12, 2007. (Public Law 109-476) H.R. 4997, to extend for 2 years the authority to grant waivers of the foreign country residence requirement with respect to certain international medical graduates. Signed on January 12, 2007. (Public Law 109-477) H.R. 5483, to increase the disability earning limitation under the Railroad Retirement Act and to index the amount of allowable earnings consistent with increases in the substantial gainful activity dollar amount under the Social Security Act. Signed on January 12, 2007. (Public Law 109-478) H.R. 5946, to amend the Magnuson-Stevens Fishery Conservation and Management Act to authorize activities to promote improved monitoring and compliance for high seas fisheries, or fisheries governed by international fishery management agreements. Signed on January 12, 2007. (Public Law 109-479) H.R. 5948, to reauthorize the Belarus Democracy Act of 2004. Signed on January 12, 2007. (Public Law 109-480) H.R. 6338, to amend title 18, United States Code, to prevent and repress the misuse of the Red Crescent distinctive emblem and the Third Protocol (Red Crystal) distinctive emblem. Signed on January 12, 2007. (Public Law 109-481) COMMITTEE MEETINGS FOR WEDNESDAY, JANUARY 17, 2007 (Committee meetings are open unless otherwise indicated) Senate Committee on Agriculture, Nutrition, and Forestry: to hold hearings to examine conservation security program and [[Page D49]] environmental quality incentives program relating to working land conservation, 9:30 a.m., SR-328A. Committee on Armed Services: Subcommittee on Readiness and Management Support, to hold hearings to examine practices in Department of Defense contracting for services and inter-agency contracting, 2:30 p.m., SR-232A. Committee on Commerce, Science, and Transportation: to hold hearings to examine aviation security, focusing on the recommendations of the 9/11 Commission, 10 a.m., SR-253. Committee on Environment and Public Works: organizational business meeting to consider committee's rules of procedure for the 110th Congress, 9:45 a.m., SD-406. Committee on Finance: organizational business meeting to consider an original resolution authorizing expenditures for committee operations, committee's rules of procedure for the 110th Congress, and subcommittee assignments; committee will also consider The Small Business and Work Opportunity Act of 2007, 10 a.m., SD-215. Committee on Foreign Relations: to hold hearings to examine the remaining options and regional diplomatic strategy relating to securing America's interests in Iraq, 9:30 a.m., SH-216. Committee on the Judiciary: to hold hearings to examine paying off generics to prevent competition with brand name drugs, 10 a.m., SD- 226. Select Committee on Intelligence: to hold closed hearings to examine intelligence matters, 2:30 p.m., SH-219. House Committee on Appropriations, Subcommittee on Defense, executive, on Army and Marine Corps Readiness, 10 a.m., and, executive, on Army and Marine Operations and Equipment Reconstitution, 1:30 p.m., H-140 Capitol. Committee on Armed Services, hearing on alternative perspectives on the President's strategy for Iraq, 1 p.m., 2118 Rayburn. Committee on Foreign Affairs, oversight hearing on Iraq, 10 a.m., 2172 Rayburn. Committee on Transportation and Infrastructure, to meet for organizational purposes, 10:30 a.m., 2167 Rayburn. 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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 D50]] _______________________________________________________________________ Next Meeting of the SENATE 10 a.m., Wednesday, January 17 Senate Chamber Program for Wednesday: After the transaction of any morning business (not to extend beyond 60 minutes), Senate will continue consideration of S.1, Ethics Bill. (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 a.m. Wednesday, January 17 House Chamber Program for Wednesday: Consideration of the following suspensions: H. Res. 62--Congratulating the Grand Valley State University Lakers for winning the 2006 NCAA Division II Football National Championship; H.R. 434--Short Term Extension of the Small Business Administration; H. Res. 58--To honor Muhammad Ali, global humanitarian, on the occasion of his 65th birthday and to extend best wishes to him and his family; and H.R. 57--To repeal certain sections of the Act of May 26, 1936, pertaining to the Virgin Islands. Consideration of H.R. 5--To amend the Higher Education Act of 1965 to reduce interest rates for student borrowers. _______________________________________________________________________ Extensions of Remarks, as inserted in this issue HOUSE Andrews, Robert E., N.J., E116 Bordallo, Madeleine Z., Guam, E110 Burgess, Michael C., Tex., E113, E113 Crenshaw, Ander, Fla., E114 Davis, David, Tenn., E115 Davis, Tom, Va., E115 DeGette, Diana, Colo., E120 Edwards, Chet, Tex., E111, E113 Ehlers, Vernon J., Mich., E117 Emanuel, Rahm, Ill., E113 Gerlach, Jim, Pa., E109 Green, Al, Tex., E110 Hare, Phil, Ill., E116 Herseth, Stephanie, S.D., E115 Higgins, Brian, N.Y., E113 Inslee, Jay, Wash., E119 Kirk, Mark Steven, Ill., E116 Levin, Sander M., Mich., E117 Lynch, Stephen F., Mass., E114 Moran, James P., Va., E116 Pearce, Stevan, N.M., E114 Schakowsky, Janice D., Ill., E120 Slaughter, Louise McIntosh, N.Y., E121 Stark, Fortney Pete, Calif., E110 Wolf, Frank R., Va., E117