Monday, December 17, 2007 [[Page D1638]] Daily Digest Senate Chamber Action Routine Proceedings, pages S15709-S15792 Measures Introduced: Three bills and two resolutions were introduced, as follows: S. 2492-2494, and S. Res. 407-408. Pages S15770-71 Measures Passed: Federal Employee Protection of Disclosures Act: Senate passed S. 274, to amend chapter 23 of title 5, United States Code, to clarify the disclosures of information protected from prohibited personnel practices, require a statement in nondisclosure policies, forms, and agreements that such policies, forms, and agreements conform with certain disclosure protections, provide certain authority for the Special Counsel, after agreeing to the committee amendment in the nature of a substitute, and the following amendment proposed thereto: Pages S15782-86 Mikulski (for Coburn) Amendment No. 3801, to provide for reports by the Government Accountability Office and the Merit Systems Protection Board on cases making allegations of violations of section 2302(b)(8) or (9) of title 5, United States Code, relating to whistleblowers. Page S15784 Coin Dispensing Capability Requirements: Senate passed H.R. 3703, to amend section 5112(p)(1)(A) of title 31, United States Code, to allow an exception from the $1 coin dispensing capability requirement for certain vending machines, clearing the measure for the President. Pages S15787-88 Do-Not-Call Registry fees: Senate passed S. 781, to extend the authority of the Federal Trade Commission to collect Do-Not-Call Registry fees to fiscal years after fiscal year 2007, after agreeing to the committee amendment in the nature of a substitute. Page S15788 Do-Not-Call Improvement Act: Senate passed S. 2096, to amend the Do- Not-Call Implementation Act to eliminate the automatic removal of telephone numbers registered on the Federal ``do-not-call'' registry, after agreeing to the following amendment proposed thereto: Pages S15788-89 Dodd (for Dorgan) Amendment No. 3867, to require the FTC to report to the Congress on its efforts to improve the accuracy of the Do-Not-Call Registry. Page S15789 Court Security Improvement Act: Committee on the Judiciary was discharged from further consideration of H.R. 660, to amend title 18, United States Code, to protect judges, prosecutors, witnesses, victims, and their family members, and the bill was then passed, after agreeing to the following amendment proposed thereto: Pages S15789-90 Dodd (for Leahy) Amendment No. 3868, in the nature of a substitute. Page S15790 U.S. Capitol Police and Library of Congress Police Merger Implementation Act: Senate passed H.R. 3690, to provide for the transfer of the Library of Congress police to the United States Capitol Police, after agreeing to the following amendment proposed thereto: Page S15790 Dodd (for Feinstein) Amendment No. 3869, in the nature of a substitute. Page S15790 Subsequent to its adoption, the action on the amendment to the title was vitiated. National Teen Dating Violence Awareness and Prevention Week: Senate agreed to S. Res. 388, designating the week of February 4 through February 8, 2008, as ``National Teen Dating Violence Awareness and Prevention Week''. Pages S15790-91 Honoring the University of Hawaii: Committee on the Judiciary was discharged from further consideration of H. Con. Res. 264, honoring the University of Hawaii for its 100 years of commitment to public higher education, and the resolution was then agreed to. Page S15791 Honoring Representative Julia Carson: Senate agreed to S. Res. 407, relative to the death of Representative Julia Carson, of Indiana. Page S15791 Congratulating Valdosta State University Football Team: Senate agreed to S. Res. 408, congratulating the Valdosta State University football team on winning the 2007 Division II National Championship. Page S15791 [[Page D1639]] Measures Considered: FISA Amendments Act: Senate resumed consideration of the motion to proceed to consideration of S. 2248, to amend the Foreign Intelligence Surveillance Act of 1978, to modernize and streamline the provisions of that Act. Pages S15710-67 During consideration of this measure today, Senate also took the following action: By 76 yeas to 10 nays (Vote No. 435), 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 motion to proceed to consideration of the bill. Page S15726 A unanimous-consent agreement was reached providing the motion to proceed be agreed to and that all time post-cloture be yielded back. Page S15726 House Messages: Blinded Veterans Paired Organ Act: Senate concurred in the amendments of the House to the amendment of the Senate to H.R. 797, to amend title 38, United States Code, to improve compensation benefits for veterans in certain cases of impairment of vision involving both eyes, to provide for the use of the National Directory of New Hires for income verification purposes, to extend the authority of the Secretary of Veterans Affairs to provide an educational assistance allowance for qualifying work study activities, and to authorize the provision of bronze representations of the letter ``V'' for the graves of eligible individuals buried in private cemeteries in lieu of Government-provided headstones or markers, clearing the measure for the President. Pages S15786-87 Executive Communications: Pages S15769-70 Additional Cosponsors: Page S15771 Statements on Introduced Bills/Resolutions: Pages S15771-72 Additional Statements: Page S15769 Amendments Submitted: Pages S15772-81 Privileges of the Floor: Page S15782 Record Votes: One record vote was taken today. (Total--435) Page S15726 Adjournment: Senate convened at 10 a.m. and adjourned, as a further mark of respect to the memory of the late Julie Carson, United States House Representative from the State of Indiana, in accordance with S. Res. 407, at 8:01 p.m., until 10:00 a.m. on Tuesday, December 18, 2007. (For Senate's program, see the remarks of the in today's Record on page S15791.) Committee Meetings (Committees not listed did not meet) No committee meetings were held. House of Representatives Chamber Action Public Bills and Resolutions Introduced: 66 public bills, H.R. 4708- 4773; and 6 resolutions, H. Con. Res. 270-271; and H.Res. 879-882 were introduced. Pages H15736-38 Additional Cosponsors: Pages H15738-39 Reports Filed: Reports were filed today as follows: H.R. 3179, to amend title 40, United States Code, to authorize the use of Federal supply schedules for the acquisition of law enforcement, security, and certain other related items by State and local governments (H. Rept. 110-494); H. Res. 876, waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules (H. Rept. 110-495); H. Res. 877, providing for consideration of the Senate amendment to the House amendment to the Senate amendment to the bill (H.R. 6) to move the United States toward greater energy independence and security, to increase the production of clean renewable fuels, to protect consumers, to increase the efficiency of products, buildings, and vehicles, to promote research on and deploy greenhouse gas capture and storage options, and to improve the energy performance of the Federal Government (H. Rept. 110-496); and H. Res. 878, providing for the consideration of the Senate amendment to the bill (H.R. 2764) making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2008 (H. Rept. 110-497). Page H15736 Speaker: Read a letter from the Speaker wherein she appointed Representative Baird to act as Speaker Pro Tempore for today. Page H15471 [[Page D1640]] Recess: The House recessed at 10:31 a.m. and reconvened at noon. Page H15471 Whole Number of the House: The Chair announced to the House that, in light of the passing of Representative Carson of Indiana, the whole number of the House is adjusted to 433. Page H15472 Suspensions: The House agreed to suspend the rules and pass the following measures: Recognizing the contributions of the Christmas tree industry to the United States economy: H.J.Res. 15, to recognize the contributions of the Christmas tree industry to the United States economy; Pages H15473-74 Providing for the conveyance of a small parcel of National Forest System land in the George Washington National Forest in Alleghany County, Virginia: H.R. 3454, to provide for the conveyance of a small parcel of National Forest System land in the George Washington National Forest in Alleghany County, Virginia, that contains the cemetery of the Central Advent Christian Church and an adjoining tract of land located between the cemetery and road boundaries; Pages H15474-75 Amending the Florida National Forest Land Management Act of 2003 to authorize the conveyance of an additional tract of National Forest System land under that Act: H.R. 1374, to amend the Florida National Forest Land Management Act of 2003 to authorize the conveyance of an additional tract of National Forest System land under that Act; Pages H15475-76 Expressing heartfelt sympathy for the victims and families of the shootings in Omaha, Nebraska, on Wednesday, December 5, 2007: H.Res. 856, to express heartfelt sympathy for the victims and families of the shootings in Omaha, Nebraska, on Wednesday, December 5, 2007, by a 2/3 yea-and-nay vote of 387 yeas with none voting ``nay'', Roll No. 1163; Pages H15476-77, H15513 Honoring local and state first responders, and the citizens of the Pacific Northwest in facing the severe winter storm of December 2 and 3, 2007: H.Res. 851, to honor local and state first responders, and the citizens of the Pacific Northwest in facing the severe winter storm of December 2 and 3, 2007, by a 2/3 yea-and-nay vote of 390 yeas with none voting ``nay'', Roll No. 1164; Pages H15477-79, H15513-14 Recognizing and celebrating the centennial of Oklahoma statehood: H.Con.Res. 254, to recognize and celebrate the centennial of Oklahoma statehood, by a 2/3 yea-and-nay vote of 403 yeas to 1 nay with 1 voting ``present'', Roll No. 1173; Pages H15479-80, H15726-27 Lance Corporal Dennis James Veater Post Office Designation Act: H.R. 3911, to designate the facility of the United States Postal Service located at 95 Church Street in Jessup, Pennsylvania, as the ``Lance Corporal Dennis James Veater Post Office''; Pages H15480-81 Paul E. Gillmor Post Office Building Designation Act: S. 2174, to designate the facility of the United States Postal Service located at 175 South Monroe Street in Tiffin, Ohio, as the ``Paul E. Gillmor Post Office Building''--clearing the measure for the President; LPages H15481-82 Congratulating the Colorado Rockies on winning the National League Championship and playing in the 2007 World Series: H. Res. 816, amended, to congratulate the Colorado Rockies on winning the National League Championship and playing in the 2007 World Series; Page H15482 Agreed to amend the title so as to read: ``Congratulating the Colorado Rockies on winning the National League Championship.''. Page H15482 Dan Miller Post Office Building Designation Act: H.R. 4342, to designate the facility of the United States Postal Service located at 824 Manatee Avenue West in Bradenton, Florida, as the ``Dan Miller Post Office Building''; Pages H15482-83 Dock M. Brown Post Office Building Designation Act: H.R. 4210, to designate the facility of the United States Postal Service located at 401 Washington Avenue in Weldon, North Carolina, as the ``Dock M. Brown Post Office Building''; Pages H15483-84 Federal Food Donation Act of 2007: H.R. 4220, amended, to encourage the donation of excess food to nonprofit organizations that provide assistance to food-insecure people in the United States in contracts entered into by executive agencies for the provision, service, or sale of food; Pages H15484-88 Local Preparedness Acquisition Act: H.R. 3179, to amend title 40, United States Code, to authorize the use of Federal supply schedules for the acquisition of law enforcement, security, and certain other related items by State and local governments; Pages H15488-89 Making corrections in the enrollment of the bill H.R. 1593: H. Con. Res. 270, to make corrections in the enrollment of the bill H.R. 1593; Pages H15489-90 Honoring the United States Marine Corps for serving and defending the United States on the [[Page D1641]] anniversary of its founding on November 10, 1775: H. Con. Res. 246, to honor the United States Marine Corps for serving and defending the United States on the anniversary of its founding on November 10, 1775; Pages H15490-92 Awarding a congressional gold medal to Daw Aung San Suu Kyi in recognition of her courageous and unwavering commitment to peace, nonviolence, human rights, and democracy in Burma: H.R. 4286, to award a congressional gold medal to Daw Aung San Suu Kyi in recognition of her courageous and unwavering commitment to peace, nonviolence, human rights, and democracy in Burma, by a 2/3 yea-and-nay vote of 400 yeas with none voting ``nay'', Roll No. 1170; Pages H15497-H15500, H15527-28 Renaming the National Institute of Child Health and Human Development as the Eunice Kennedy Shriver National Institute of Child Health and Human Development: S. 2484, to rename the National Institute of Child Health and Human Development as the Eunice Kennedy Shriver National Institute of Child Health and Human Development--clearing the measure for the President; Pages H15500-01 Granting the consent of Congress to the International Emergency Management Assistance Memorandum of Understanding: S.J. Res. 13, to grant the consent of Congress to the International Emergency Management Assistance Memorandum of Understanding--clearing the measure for the President; and Pages H15501-04 Mourning the passing of Congressman Henry J. Hyde and celebrating his leadership and service to the people of Illinois and the United States of America: H. Res. 843, amended, to mourn the passing of Congressman Henry J. Hyde and to celebrate his leadership and service to the people of Illinois and the United States of America. Pages H15504-07 Recess: The House recessed at 3:40 p.m. and reconvened at 5:49 p.m. Pages H15507-08 Moment of Silence: The House observed a moment of silence in memory of the late Honorable Julia Carson. Page H15514 Waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules: The House agreed to H. Res. 873, waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules, by a yea-and-nay vote of 212 yeas to 185 nays, Roll No. 1166, after agreeing to order the previous question by a yea-and-nay vote of 215 yeas to 183 nays, Roll No. 1165. Pages H15508-12, H15514-16 In Memory of the late Honorable Julia Carson of Indiana: The House agreed to H. Res. 880, expressing the condolences of the House on the death of the Honorable Julia Carson, a Representative from the State of Indiana. Page H15516 Adjournment Resolution: The House failed to agree to H. Con. Res. 271, providing for the sine die adjournment of the One Hundred Tenth Congress, First Session, by a yea-and-nay vote of 184 yeas to 218 nays, Roll No. 1167. Pages H15525-26 Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008: The House agreed to the Senate amendment with amendments, made in order by the rule and printed in H. Rept. 110-497, to H.R. 2764, making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2008. Pages H15516-25, H15528-H15726 On a division of the question, the House agreed to the Senate amendment with amendment No. 1 printed in H. Rept. 110-497 by a yea- and-nay vote of 253 yeas to 154 nays with 1 voting ``present'', Roll No. 1171. Page H15725 On a division of the question, the House agreed to the Senate amendment with amendment No. 2 printed in H. Rept. 110-497 by a yea- and-nay vote of 206 yeas to 201 nays, Roll No. 1172. Pages H15725-26 H. Res. 878, the rule providing for consideration of the Senate amendment, was agreed to by a yea-and-nay vote of 214 yeas to 189 nays, Roll No. 1169, after agreeing to order the previous question by a yea- and-nay vote of 216 yeas to 186 nays, Roll No. 1168. Pages H15526-27 Suspensions--Proceedings Postponed: The House debated the following measures under suspension of the rules. Further proceedings were postponed: Expressing the unconditional support of the House of Representatives for the members of the National Guard: H. Res. 542, amended, to express the unconditional support of the House of Representatives for the members of the National Guard and Pages H15492-94 Veterans Guaranteed Bonus Act of 2007: H.R. 3793, amended, to amend title 37, United States Code, to require the Secretary of Defense to continue to pay to a member of the Armed Forces who is retired or separated from the Armed Forces due to a combat-related injury certain bonuses that the member was entitled to before the retirement or separation and would continue to be entitled to if the member was not retired or separated. Pages H15494-97 Senate Messages: Messages received from the Senate by the Clerk and subsequently presented to the [[Page D1642]] House today and messages received from the Senate today appear on pages H15489, H15528. Senate Referrals: S. 1396 and S. 2339 were referred to the Committee on Veterans' Affairs; S. 1858 and S. 1916 were referred to the Committee on Energy and Commerce; S. 2400 was referred to the Committee on Armed Services; S. 2488 was referred to the Committee on Oversight and Government Reform; S. 1839 was referred to the Committee on Foreign Affairs; and S. 1585, S. 2338, S. 274, S. 781, and S. 2096 were held at the desk. Page H15735 Quorum Calls--Votes: Eleven yea-and-nay votes developed during the proceedings of today and appear on pages H15513, H15513-14, H15515, H15515-16, H15525-26, H15526, H15526-27, H15527, H15725, H15725-26, H15726-27. There were no quorum calls. Adjournment: The House met at 10:30 a.m. and at 11:56 p.m., pursuant to the provisions of H. Res. 880, it stands adjourned in memory of the late Honorable Julia Carson. Committee Meetings SENATE AMENDMENT--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS FISCAL YEAR ENDING SEPTEMBER 30, 2008 Committee on Rules: The Committee granted, by a voice vote, a rule making in order a motion by the chairman of the Committee on Appropriations to concur in the Senate amendment with each of the two House amendments printed in the Rules Committee report. The rule waives all points of order against consideration of the motion except those arising under clause 10 of rule XXI and provides that the Senate amendment and the motion shall be considered as read. The rule provides one hour of debate on the motion equally divided and controlled by the chairman and ranking minority member of the Committee on Appropriations. The rule provides for a division of the question of adoption of the motion between the two House amendments. Finally, the rule provides that the Chair may postpone further consideration of the motion to a time designated by the Speaker. Testimony was heard from Chairman Obey and Representative Broun of Georgia. SENATE AMENDMENT TO HOUSE AMENDMENT--ENERGY INDEPENDENCE AND SECURITY ACT OF 2007 Committee on Rules: Granted by a voice vote, a rule making in order a motion by the Majority Leader or his designee that the House concur in the Senate amendment. The rule waives all points of order against the motion except clause 10 of rule XXI. The rule provides that the Senate amendment and the motion shall be considered as read. The rule provides one hour of debate in the House on the motion equally divided and controlled by the Majority Leader and the Minority Leader or their designees. The rule further provides that the Chair may postpone further consideration of the motion to a time designated by the Speaker. Finally, the rule provides that the House shall not conduct organizational or legislative business on the first legislative day of the second session of the 110th Congress. SAME DAY CONSIDERATION OF RESOLUTIONS REPORTED BY THE RULES COMMITTEE Committee on Rules: Granted, by non-record vote, a rule waiving clause 6(a) of rule XIII (requiring a two-thirds vote to consider a rule on the same day it is reported from the Rules Committee) against certain rules reported from the Rules Committee. The rule applies the waiver to any rule reported on or before the legislative day of December 19, 2007, providing for consideration or disposition of any of the following measures: (1) a bill relating to the Children's Health Insurance Program, or an amendment thereto; (2) a bill relating to Medicare, or an amendment thereto; (3) a bill relating to the alternative minimum tax, or an amendment thereto; (4) a joint resolution making further continuing appropriations for the fiscal year 2008, or an amendment thereto; and (5) the bill (H.R. 2764) making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2008, and for other purposes, or an amendment thereto. NEW PUBLIC LAWS (For last listing of Public Laws, see Daily Digest, p. D1634) H.R. 3688, to implement the United States-Peru Trade Promotion Agreement. Signed on December 14, 2007. (Public Law 110-138) COMMITTEE MEETINGS FOR TUESDAY, DECEMBER 18, 2007 (Committee meetings are open unless otherwise indicated) Senate Committee on Armed Services: to hold hearings to examine the nominations of Mary Beth Long, of Virginia, and James Shinn, of New Jersey, both to be an Assistant Secretary of Defense, and Craig W. Duehring, of Minnesota, and John H. Gibson, of Texas, both to be an Assistant Secretary of the Air Force, all of the Department of Defense, 10 a.m., SH-216. [[Page D1643]] Committee on Commerce, Science, and Transportation: to hold hearings to examine the nominations of Carl T. Johnson, of Virginia, to be Administrator of the Pipeline and Hazardous Materials Safety Administration, Department of Transportation, Francis Mulvey, of Maryland, to be a Member of the Surface Transportation Board, and Denver Stutler, Jr., of Florida, Nancy A. Naples, of New York, and Thomas C. Carper, of Illinois, all to be Members of the Reform Board (Amtrak), 11 a.m., SR-253. Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, to hold hearings to examine oil spills from non-tank vessels, focusing on threats, risks, and vulnerabilities, 2:30 p.m., SR-253. Committee on Energy and Natural Resources: to hold hearings to examine the nomination of Jon Wellinghoff, of Nevada, to be a member of the Federal Energy Regulatory Commission, 10:30 a.m., SD-366. Committee on Homeland Security and Governmental Affairs: to hold hearings to examine the nomination of Steven H. Murdock, of Texas, to be Director of the Census, Department of Commerce, 3:30 p.m., SD- 342. Committee on the Judiciary: to hold hearings to examine the nominations of Ondray T. Harris, of Virginia, to be Director, Community Relations Service, David W. Hagy, of Texas, to be Director of the National Institute of Justice, Cynthia Dyer, of Texas, to be Director of the Violence Against Women Office, Department of Justice, and Nathan J. Hochman, of California, to be an Assistant Attorney General, all of the Department of Justice, and Scott M. Burns, of Utah, to be Deputy Director of National Drug Control Policy, 10 a.m., SD-226. House Committee on Energy and Commerce, to continue consideration of H.R. 4040, Consumer Product Safety and Modernization Act, and to consider H.R. 1216, Cameron Gulbransen Kids and Cars Safety Act of 2007, 3 p.m., 2123 Rayburn. Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights, and Civil Liberties, oversight hearing on the Legacy of the Trans-Atlantic Slave Trade, 10 a.m., 2141 Rayburn. Subcommittee on Crime, Terrorism, and Homeland Security, hearing on H.R. 4175, Privacy and Cybercrime Enforcement Act of 2007, 1 p.m., 2141 Rayburn. CONGRESSIONAL RECORD (USPS 087ÿ09390). The Periodicals postage is paid at Washington, D.C. 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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 D1644]] _______________________________________________________________________ Next Meeting of the SENATE 10 a.m., Tuesday, December 18 Senate Chamber Program for Tuesday: After the transaction of any morning business (not to extend beyond 90 minutes), Senate expects to begin consideration of the House message to accompany H.R. 2764, Department of State, Foreign Operations and Related Programs Appropriations Act. (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 9 a.m., Tuesday, December 18 House Chamber Program for Tuesday: Consideration of the Senate amendment to H.R. 6-- Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007. (Explanatory material relating to appropriations measures for fiscal year 2008 will be printed in Books II and III of the Record dated Monday, December 17, 2007.)