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                Contents Display

Tuesday, September 23, 2008

HIGHLIGHTS

Senate passed H.R. 6049 Renewable Energy and Job Creation Act.

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Measures Introduced: Twelve bills and two resolutions were introduced, as follows: S. 3538-3549, S. Res. 678, and S. Con. Res. 101.

Pages S9280-81

Measures Reported:

S. 2292, to amend the Homeland Security Act of 2002, to establish the Office for Bombing Prevention, to address terrorist explosive threats, with an amendment in the nature of a substitute. (S. Rept. No. 110-481)
H.R. 3999, to amend title 23, United States Code, to improve the safety of Federal-aid highway bridges, to strengthen bridge inspection standards and processes, to increase investment in the reconstruction of structurally deficient bridges on the National Highway System. (S. Rept. No. 110-482)
H.R. 390, to require the establishment of a national database in the National Archives to preserve records of servitude, emancipation, and post-Civil War reconstruction and to provide grants to State and local entities to establish similar local databases, with an amendment.
S. Res. 598, expressing the sense of the Senate regarding the need for the United States to lead renewed international efforts to assist developing nations in conserving natural resources and preventing the impending extinction of a large portion of the world's plant and animal species.
S. 1007, to direct the Secretary of State to work with the Government of Brazil and other foreign governments to develop partnerships that will strengthen diplomatic relations and energy security by accelerating the development of biofuels production, research, and infrastructure to alleviate poverty, create jobs, and increase income, while improving energy security and protecting the environment, with an amendment in the nature of a substitute.
S. 2609, to establish a Global Service Fellowship Program, with an amendment in the nature of a substitute.
S. 3103, to amend the Iran, North Korea, and Syria nonproliferation Act to allow certain extraordinary payments in connection with the International Space Station.
S. 3426, to amend the Foreign Service Act of 1980 to extend comparability pay adjustments to members of the Foreign Service assigned to posts abroad, and to amend the provision relating to the death gratuity payable to surviving dependents on Foreign Service employees who die as a result of injuries sustained in the performance of duty abroad.
S. 3548, to approve the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy.

Pages S9279-80

Measures Passed:

ALS Registry Act: Senate passed S. 1382, to amend the Public Health Service Act to provide for the establishment of an Amyotrophic Lateral Sclerosis Registry, after agreeing to the committee amendment in the nature of a substitute, and the following amendment proposed thereto:

Pages S9230-32

Pages S9230-31

Pages S9234-38, S9238-61

Pages S9234-38, S9238-54

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By 53 yeas to 42 nays (Vote No. 203), Conrad Amendment No. 5634, to provide alternative minimum tax relief. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, be withdrawn).

Pages S9239-41, S9246-53, S9254-55

Pages S9243-46, S9253-54, S9255-56

Pages S9335-36

Pages S9335-36

Page S9336

Pages S9336-38

Pages S9338-40

Page S9340

Pages S9340-41

Pages S9340-41

Pages S9341-43

Pages S9342-43

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Pages S9343-44

Page S9344

Pages S9344-45D1143

Pages S9345-46

Page S9346

Pages S9346-47

Treaties Approved: The following treaties having passed through their various parliamentary stages, up to and including the presentation of the resolution of ratification, upon division, two-thirds of the Senators present having voted in the affirmative, the resolutions of ratification were agreed to:

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Extradition Agreement with the European Union (Treaty Doc. 109-14) with (23 resolutions of ratification) 1 condition and 23 declarations--1 per treaty;
Extradition Treaty with Latvia (Treaty Doc. 109-15) with 1 declaration;
Extradition Treaty with Malta (Treaty Doc. 109-17) with 1 declaration;
Extradition Treaty with Estonia (Treaty Doc. 109-16) with 1 declaration;
Extradition Treaty with Bulgaria and an Agreement on Certain Aspects of Mutual Legal Assistance in Criminal Matters with Bulgaria (Treaty Doc. 110-12) with 1 declaration; and S;
Extradition Treaty with Romania and Protocol to the Treaty on Mutual Legal Assistance in Criminal Matters with Romania (Treaty Doc. 110-11) with 1 declaration; and S;
Treaty with Malaysia on Mutual Legal Assistance (Treaty Doc. 109-22) with 1 declaration;
Protocol Amending 1980 Tax Convention with Canada (Treaty Doc. 110-15) with 1 declaration and 1 condition;
Tax Convention with Bulgaria with Proposed Protocol of Amendment (Treaty Doc. 110-18) with 1 declaration;
Tax Convention with Iceland (Treaty Doc. 110-17) with 1 declaration;
Partial Revision (1992) of Radio Regulations (Geneva 1979) (Treaty Doc. 107-17) with declarations and reservations;
1995 Revision of Radio Regulations (Treaty Doc. 108-28) with declarations and reservations; and
Incendiary Weapons Protocol (Treaty Doc. 105-1(B)) with 1 reservation, 1 understanding and 1 declaration;
Protocol On Blinding Laser Weapons (Treaty Doc. 105-1(C)) with 1 understanding and 1 declaration;
Amendment to Article 1 of the Convention on Prohibitions or Restrictions on Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to have Indiscriminate Effects (Treaty Doc. 109-10(B)) with 1 declaration;
Treaty with Sweden on Mutual Legal Assistance in Criminal Matters (Treaty Doc. 107-12) with 1 declaration;
Mutual Legal Assistance Agreement with the European Union (Treaty Doc. 109-13) with (26 resolutions of ratification) 1 declaration per treaty.

Pages S9328-35

Executive Reports of Committees: Senate received the following executive reports of a committee:
Treaty Doc. 110-20: Protocols to the North Atlantic Treaty of 1949 on Accession of Albania and Croatia with 1 declaration and 1 condition for each Protocol (Ex. Rept. 110-27); Treaty Doc. 108-5: Amendments to Constitution and Convention of International Telecommunication Union (ITU) (Geneva 1992) with declarations and reservations (Ex. Rept. 110-28); Treaty Doc. 109-11: 2002
Amendments to the ITU Constitution and Convention with declarations and reservations (Ex. Rept. 110-28); and Treaty Doc. 110-16: Amendments to the Constitution and Convention of the International Telecommunication Union (Geneva, 1992) with declarations and reservations (Ex. Rept. 110-28)

Pages S9278-79

Messages from the House:

Page S9275

Enrolled Bills Presented:

Page S9276

Executive Communications:

Pages S9276-78

Executive Reports of Committees:

Pages S9278-79, S9280

Additional Cosponsors:

Pages S9281-82

Statements on Introduced Bills/Resolutions:

Pages S9282-85

Additional Statements:

Pages S9271-75

Amendments Submitted:

Pages S9285-S9327

Notices of Hearings/Meetings:

Page S9327

Authorities for Committees to Meet:

Pages S9327-28

Record Votes: Four record votes were taken today. (Total--205)

Pages S9254, S9255, S9255, S9261D1144

Recess: Senate convened at 10 a.m. and recessed at 7:46 p.m., until 9:30 a.m. on Wednesday, September 24, 2008. (For Senate's program, see the remarks of the Acting Majority Leader in today's Record on page S9347.)

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FOOD MARKETING

Committee on Appropriations: Subcommittee on Labor, Health and Human Services, Education, and Related Agencies concluded a joint hearing with the Subcommittee on Financial Services and General Government to examine childhood obesity and the impact of food marketing to children, after receiving testimony from Julie L. Gerberding, Director, Centers for Disease Control and Prevention, and Administrator, Agency for Toxic Substances and Disease Registry, Department of Health and Human Services; Jon Leibowitz, Commissioner, Federal Trade Commission; Kevin J. Martin, Chairman, Federal Communications Commission; J. Michael McGinnis, National Academies, Washington, D.C.; Marc S. Firestone, Kraft Foods, Inc., Northfield, Illinois; Marva Smalls, Nickelodeon/MTV Networks Kids and Family Group, New York, New York; and Patti Miller, Children Now, Oakland, California.

IRAQ/AFGHANISTAN

Committee on Armed Services: Committee concluded a hearing to examine the situation in Iraq and Afghanistan, after receiving testimony from Robert M. Gates, Secretary, and General James E. Cartwright, USMC, Vice Chairman, Joint Chiefs of Staff, both of the Department of Defense.

CURRENT CREDIT MARKETS

Committee on Banking, Housing, and Urban Affairs: Committee concluded a hearing to examine turmoil in United States credit markets, focusing on recent actions regarding government sponsored entities, investment banks and other financial institutions, after receiving testimony from Henry M. Paulson, Jr., Secretary of the Treasury; Ben S. Bernanke, Chairman, Board of Governors of the Federal Reserve System; former Representative Christopher Cox, Chairman, U.S. Securities and Exchange Commission; and James B. Lockhart III, Director, Federal Housing Finance Agency.

DIGITAL TELEVISION TRANSITION

Committee on Commerce, Science, and Transportation: Committee concluded an oversight hearing to examine the transition to digital television, focusing on the February 2009 deadline, after receiving testimony from Kevin J. Martin, Chairman, Federal Communications Commission; Meredith Attwell Baker, Acting Assistant Secretary of Commerce for Communications and Information, National Telecommunications and Information Administration; Mark L. Goldstein, Director, Physical Infrastructure, Government Accountability Office; Josefina Carbonell, Assistant Secretary of Health and Human Services for Aging; and Mayor Bill Saffo, Wilmington, North Carolina.

DIESEL PRICES

Committee on Energy and Natural Resources: Committee concluded a hearing to examine reasons that diesel fuel prices have been so high and action that can be taken to address this situation, after receiving testimony from Howard Gruenspecht, Acting Administrator, Energy Information Administration, Department of Energy; former Representative Dave McCurdy, Alliance of Automobile Manufacturers, and Gregory M. Scott, National Petrochemical and Refiners Association, both of Washington, D.C.; and Barbara Windsor, American Trucking Associations, Inc., New Market, Maryland.

CLEAN AIR ACT

Committee on Environment and Public Works: Committee concluded a hearing to examine regulation of greenhouse gases under the Clean Air Act (Public Law 101-549), after receiving testimony from Robert J. Meyers, Principal Deputy Assistant Administrator, Office of Air and Radiation, Environmental Protection Agency; Mary D. Nichols, California Air Resources Board, Sacramento; and David Bookbinder, Sierra Club, William L. Kovacs, United States Chamber of Commerce, Marlo Lewis, Competitive Enterprise Institute, and Jason Burnett, all of Washington, D.C.

HEALTH INSURANCE

Committee on Finance: Committee concluded a hearing to examine covering the uninsured and reforming the healthcare system, focusing on the rating practices of the private health insurance market, after receiving testimony from Kim Holland, Commissioner of Insurance, Oklahoma City, Oklahoma; John Bertko, RAND Corporation, Flagstaff, Arizona; Andrew Dreyfus, Blue Cross Blue Shield of Massachusetts, Boston; and Pam MacEwan, Group Health Cooperative, Seattle.

BUSINESS MEETING

Committee on Foreign Relations: Committee ordered favorably reported the following:
Protocols to the North Atlantic Treaty of 1949 on the Accession of the Republic of Albania and the Republic of Croatia adopted at Brussels on July 9, D11452008, and signed that day on behalf of the United States and the other Parties to the North Atlantic Treaty (Treaty Doc. 110-20);

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Amendments to the Constitution and Convention of the International Telecommunication Union (ITU) (Geneva 1992), as amended by the Plenipotentiary Conference (Kyoto 1994), together with declarations and reservations by the United States as contained in the Final Acts of the Plenipotentiary Conference (Minneapolis 1998) (Treaty Doc. 108-05), Amendments to the Constitution and Convention of the International Telecommunication Union (Geneva, 1992), as amended by the Plenipotentiary Conference (Kyoto, 1994) and the Plenipotentiary Conference (Minneapolis, 1998), together with the declarations and reservations by the United States, all as contained in the Final Acts of the Plenipotentiary Conference (Marrakesh, 2002) (Treaty Doc. 109-11), Amendments to the Constitution and Convention of the International Telecommunication Union (Geneva, 1992), as Amended by the Plenipotentiary Conference (Kyoto, 1994) and the Plenipotentiary Conference (Marrakesh, 2002), Together with the Declarations and Reservations by the United States, all as Contained in the Final Acts of the Plenipotentiary Conference (Antalya, 2006) (Treaty Doc. 110-16);
S. 2609, to establish a Global Service Fellowship Program, with an amendment in the nature of a substitute;
S. 3103, to amend the Iran, North Korea, and Syria nonproliferation Act to allow certain extraordinary payments in connection with the International Space Station;
S. 1007, to direct the Secretary of State to work with the Government of Brazil and other foreign governments to develop partnerships that will strengthen diplomatic relations and energy security by accelerating the development of biofuels production, research, and infrastructure to alleviate poverty, create jobs, and increase income, while improving energy security and protecting the environment, with an amendment in the nature of a substitute;
S. 3426, to amend the Foreign Service Act of 1980 to extend comparability pay adjustments to members of the Foreign Service assigned to posts abroad, and to amend the provision relating to the death gratuity payable to surviving dependents on Foreign Service employees who die as a result of injuries sustained in the performance of duty abroad;
S. Res. 598, expressing the sense of the Senate regarding the need for the United States to lead renewed international efforts to assist developing nations in conserving natural resources and preventing the impending extinction of a large portion of the world's plant and animal species;
An original bill to authorize appropriations under the Arms Export Control Act and the Foreign Assistance Act of 1961 for security assistance for fiscal years 2009 and 2010;
S. 3548. An original bill to approve the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy; and
The nominations of Brian H. Hook, of Iowa, to be an Assistant Secretary of State for International Organization Affairs, Sung Y. Kim, of California, a Foreign Service Officer of Class One, for the rank of Ambassador during his tenure of service as Special Envoy for the Six Party Talks, Gregori Lebedev, of Virginia, to be Representative of the United States of America to the United Nations for U.N. Management and Reform, with the rank of Ambassador and to be Alternate Representative of the United States to the United Nations, during his tenure of service as Representative of the United States to the United Nations for U.N. Management and Reform, Clifford D. May, of Maryland, to be a Member of the Broadcasting Board of Governors, C. Steven McGann, of New York, to be Ambassador to the Republic of the Fiji Islands, and to serve concurrently and without additional compensation as Ambassador to the Republic of Nauru, the Kingdom of Tonga, Tuvalu, and the Republic of Kiribati, Dennis M. Mulhaupt, of California, to be a Member of the Broadcasting Board of Governors, Matthew A. Reynolds, of Massachusetts, to be an Assistant Secretary of State for Legislative Affairs, Carol Ann Rodley, of Virginia, to be Ambassador to the Kingdom of Cambodia.

HURRICANES GUSTAV AND IKE

Committee on Homeland Security and Governmental Affairs: Ad Hoc Subcommittee on Disaster Recovery concluded a hearing to examine the actions of federal, state, and local activities to respond and recover from Hurricanes Gustav and Ike, after receiving testimony from Harvey E. Johnson, Jr., Deputy Administrator, Chief Operating Officer, Federal Emergency Management Agency, Department of Homeland Security; Edward J. Hecker, Chief, Office of Homeland Security, Provost Marshal, Directorate of Civil Works, Headquarters, U.S. Army Corps of Engineers; Louisiana Lieutenant Governor Mitchell J. Landrieu, Baton Rouge; Texas Lieutenant Governor David Dewhurst, Austin; Louisiana State Senator Reggie P. Dupre, Jr., Houma; Mayor Lyda Ann Thomas, Galveston, Texas; Mayor Cedric B. Glover, Shreveport, Louisiana; and Mayor Bill White, Houston, Texas.

2010 CENSUS

Committee on Homeland Security and Governmental Affairs: Subcommittee on Federal Financial Management, Government Information, Federal Services, D1146and International Security concluded a hearing to examine reducing the undercount in the 2010 census, including key activities the Census Bureau plans to use to help reduce the differential undercount and improve participation, the various challenges and opportunities that might affect the Bureau's ability to improve coverage in 2010, and how different population estimates can impact the allocation of federal grant funds, after receiving testimony from Steve H. Murdock, Director, United States Census Bureau, Department of Commerce; Robert Goldenkoff, Director, Strategic Issues, Government Accountability Office; Joseph J. Salvo, New York City Department of City Planning Population Division, and Kenneth Prewitt, former Census Bureau Director, Columbia University, both of New York, New York; and Roderick Harrison, Joint Center for Political and Economic Studies, Karen K. Narasaki, Asian American Justice Center, and Arturo Vargas, National Association of Latino Elected and Appointed Officials Educational Fund, all of Washington, D.C.

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BUSINESS MEETING

Committee on Homeland Security and Governmental Affairs: Committee ordered favorably reported the following:
S. 3474, to amend title 44, United States Code, to enhance information security of the Federal Government, with an amendment;
S. 3384, to amend section 11317 of title 40, United States Code, to require greater accountability for cost overruns on Federal IT investment projects, with an amendment in the nature of a substitute;
H.R. 2631, to strengthen efforts in the Department of Homeland Security to develop nuclear forensics capabilities to permit attribution of the source of nuclear material, with an amendment in the nature of a substitute;
H.R. 6098, to amend the Homeland Security Act of 2002 to improve the financial assistance provided to State, local, and tribal governments for information sharing activities, with an amendment in the nature of a substitute;
H.R. 3815, to amend the Homeland Security Act of 2002 to require the Secretary of Homeland Security to make full and efficient use of open source information to develop and disseminate open source homeland security information products, with an amendment in the nature of a substitute;
An original bill to establish a controlled unclassified information framework;
H.R. 6073, to provide that Federal employees receiving their pay by electronic funds transfer shall be given the option of receiving their pay stubs electronically, to amend title 5, United States Code, to provide for 8 weeks of paid leave for Federal employees giving birth;
S. 3350, to provide that claims of the United States to certain documents relating to Franklin Delano Roosevelt shall be treated as waived and relinquished in certain circumstances;
S. 3477, to amend title 44, United States Code, to authorize grants for Presidential Centers of Historical Excellence, with an amendment in the nature of a substitute;
H.R. 5975 and S. 3317, bills to designate the facility of the United States Postal Service located at 101 West Main Street in Waterville, New York, as the ``Cpl. John P. Sigsbee Post Office'';
H.R. 6092, to designate the facility of the United States Postal Service located at 101 Tallapoosa Street in Bremen, Georgia, as the ``Sergeant Paul Saylor Post Office Building'';
S. 3309, to designate the facility of the United States Postal Service located at 2523 7th Avenue East in North Saint Paul, Minnesota, as the Mayor William ``Bill'' Sandberg Post Office Building; and
H.R. 6437, to designate the facility of the United States Postal Service located at 200 North Texas Avenue in Odessa, Texas, as the ``Corporal Alfred Mac Wilson Post Office''; and
The nominations of Ruth Y. Goldway, of California, to be a Commissioner of the Postal Regulatory Commission, and Carol Waller Pope, of the District of Columbia, and Thomas M. Beck, of Virginia, both to be a Member of the Federal Labor Relations Authority.

PUBLIC DIPLOMACY

Committee on Homeland Security and Governmental Affairs: Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia concluded a hearing to examine the elements of the Federal Government responsible for coordinating our public diplomacy, including their respective missions, organizational structures, workforce, and management, after receiving testimony from Christopher Midura, Acting Director, Office of Policy, Planning and Resources, Under Secretary for Public Diplomacy and Public Affairs, Scott H. DeLisi, Director, Career Development and Assignments, Bureau of Human Resources, Rick Ruth, Director, Office of Policy and Evaluation, Bureau of Educational and Cultural Affairs, and Peter Kovach, Director, Global Strategic Engagement Center, all of the Department of State; Elizabeth Frawley Bagley, Vice Chairman, United States Advisory Commission on Public Diplomacy; Douglas Bereuter, Asia Foundation, San Francisco, California; and Stephen M. Chaplin, American Academy of Diplomacy, Ronna D1147A. Freiberg, Legislative Strategies, and Jill A. Schuker, all of Washington, D.C.

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SKILLED WORKFORCE

Committee on Health, Education, Labor, and Pensions: Subcommittee on Employment and Workplace Safety concluded a hearing to examine investing in a skilled workforce, focusing on making the best use of tax payer dollars to maximize results, including the intent of the grant initiatives and the extent to which the Department of Labor will be able to assess their effects, the extent to which the process used competition, was adequately documented, and included key players, and what the Department is doing to monitor individual grantee compliance with grant requirements, after receiving testimony from George A. Scott, Director, Education, Workforce, and Income Security Issues, Government Accountability Office; and Elliot P. Lewis, Assistant Inspector General, Office of Audit, and Brent R. Orrell, Deputy Assistant Secretary for the Employment and Training Administration, both of the Department of Labor.

BUSINESS MEETING

Committee on Indian Affairs: Committee ordered favorably reported the following:
H.R. 5680, to amend certain laws relating to Native Americans, with an amendment;
H.R. 2963, to transfer certain land in Riverside County, California, and San Diego County, California, from the Bureau of Land Management to the United States to be held in trust for the Pechanga Band of Luiseno Mission Indians, with an amendment;
S. 3194, to transfer surplus Federal land administered by the Coast Guard in the State of Oregon;
S. 3128, to direct the Secretary of the Interior to provide a loan to the White Mountain Apache Tribe for use in planning, engineering, and designing a certain water system project, with an amendment in the nature of a substitute;
S. 3381, to authorize the Secretary of the Interior, acting through the Commissioner of Reclamation, to develop water infrastructure in the Rio Grande Basin, and to approve the settlement of the water rights claims of the Pueblos of Nambe, Pojoaque, San Ildefonso, Tesuque, and Taos.

EQUAL PAY FOR EQUAL WORK

Committee on the Judiciary: Committee concluded a hearing to examine equal pay for equal work, including S. 1843 and H.R. 2831, bills to amend title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans With Disabilities Act of 1990, and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, after receiving testimony from Lawrence Z. Lorber, Proskauer Rose, LLP, and Cyrus Mehri, Mehri and Skalet, PLLC, both of Washington, D.C.; and Lilly Ledbetter, Jacksonville, Alabama.

NOMINATIONS

Committee on the Judiciary: Committee concluded a hearing to examine the nominations of Anthony John Trenga, to be United States District Judge for the Eastern District of Virginia, who was introduced by Senators Warner and Webb, C. Darnell Jones II, Mitchell S. Goldberg, and Joel H. Slomsky, each to be a United States District Judge for the Eastern District of Pennsylvania, who were introduced by Senators Specter and Casey, and Eric F. Melgren, to be United States District Judge for the District of Kansas, who was introduced by Senators Brownback and Roberts, after the nominees testified and answered questions in their own behalf.

NOMINATION

Committee on Veterans' Affairs: Committee ordered favorably reported the nomination of Patrick W. Dunne, of New York, to be Under Secretary for Benefits of the Department of Veterans Affairs.

DOMESTIC INTELLIGENCE COLLECTION

Select Committee on Intelligence: Committee concluded a hearing to examine the new Attorney General guidelines for domestic intelligence collection, after receiving testimony from Elisebeth Collins Cook, Assistant Attorney General, and Valerie Caproni, General Counsel, Federal Bureau of Investigation, both of the Department of Justice.

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Public Bills and Resolutions Introduced: 36 public bills, H.R. 6996-7031; and 10 resolutions, H. Con. Res. 423-424; and H. Res. 1480-1487, were introduced.

Pages H9083-85

Additional Cosponsors:

Pages H9085-86

Reports Filed: Reports were filed today as follows:
H.R. 758, to require that health plans provide coverage for a minimum hospital stay for mastectomies, lumpectomies, and lymph node dissection for the treatment of breast cancer and coverage for secondary consultations, with an amendment (H. Rept. 110-868, Pt. 1);
H.R. 6353, to amend the Controlled Substances Act to address online pharmacies, with an amendment (H. Rept. 110-869, Pt. 1);
H.R. 6908, to require that limitations and restrictions on coverage under group health plans be timely disclosed to group health plan sponsors and timely communicated to participants and beneficiaries under such plans in a form that is easily understandable (H. Rept. 110-870, Pt. 1);
H.R. 2994, to amend the Public Health Service Act with respect to pain care, with an amendment (H. Rept. 110-871);
H.R. 2583, to amend title VII of the Public Health Service Act to establish a loan program for eligible hospitals to establish residency training programs, with an amendment (H. Rept. 110-872);
H.R. 1532, to amend the Public Health Service Act with respect to making progress toward the goal of eliminating tuberculosis, with an amendment (H. Rept. 110-873);
H.R. 1014, to amend the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to improve the prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women, with an amendment (H. Rept. 110-874);
H. Res. 1488, providing for consideration of the Senate amendment to the bill (H.R. 2638) making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008 (H. Rept. 110-875); and
H. Res. 1489, 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. 110-876).

Pages H9082-83

Speaker: Read a letter from the Speaker wherein she appointed Representative Stupak to act as Speaker Pro Tempore for today.

Page H8581

Recess: The House recessed at 9:30 a.m. and reconvened at 10 a.m.

Page H8584

Suspensions--Proceedings Resumed: The House agreed to suspend the rules and pass the following measures which were debated on Monday, September 22nd:
Great Lakes--St. Lawrence River Basin Water Resources Compact: S. J. Res. 45, to express the consent and approval of Congress to an interstate compact regarding water resources in the Great Lakes--St. Lawrence River Basin, by a \2/3\ yea-and-nay vote of 390 yeas to 25 nays, Roll No. 621;

Pages H8597-98

Pages H8613-14

Page H8658

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Pages H8658-59

Page H8659

Credit Cardholders' Bill of Rights Act of 2008: The House passed H.R. 5244, to amend the Truth in Lending Act to establish fair and transparent practices relating to the extension of credit under an open end consumer credit plan, by a recorded vote of 312 ayes to 112 noes, Roll No. 623.

Pages H8598-H8613

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Rejected the Castle motion to recommit the bill to the Committee on Financial Services with instructions to report the same back to the House promptly with an amendment, by a yea-and-nay vote of 198 yeas to 219 nays, Roll No. 622.

Pages H8611-13

Page H8600

Pages H8590-97

Suspensions: The House agreed to suspend the rules and pass the following measures:
Federal Aviation Administration Extension Act of 2008, Part II: H.R. 6984, to amend title 49, United States Code, to extend authorizations for the airport improvement program and to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund;

Pages H8588-90

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Agreed to amend the title so as to read: ``Expressing the sense of the House of Representatives that the United States should lead a high-level diplomatic effort to ensure that the Durban Review Conference serves as a forum to review implementation of commitments made at the 2001 Durban Conference to combat all forms of racism by defeating the campaign by some members of the Organization of the Islamic Conference to divert the United Nation's Durban Review Conference from a review of problems in their own and other countries by attacking Israel, promoting anti-Semitism, and undermining the Universal Declaration of Human Rights.''.

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Recess: The House recessed at 11:39 p.m. and reconvened at 12:08 a.m. on Wednesday, September 24th.

Page H8714

Lance Corporal Eric Paul Valdepenas Post Office Building Designation Act: The House agreed to discharge from committee and pass H.R. 6874, to designate the facility of the United States Postal Service located at 156 Taunton Avenue in Seekonk, Massachusetts, as the ``Lance Corporal Eric Paul Valdepenas Post Office Building''.

Page H8715

Honoring the 225th Anniversary of the Continental Congress meeting in Nassau Hall, Princeton, New Jersey, in 1783: The House agreed to discharge from committee and agree to H. Con. Res. 351, to honor the 225th Anniversary of the Continental Congress meeting in Nassau Hall, Princeton, New Jersey, in 1783.

Page H8715

Commemorating the 250th Anniversary of the Naming of Pittsburgh as the culmination of the Forbes Campaign across Pennsylvania and the significance this event played in the making of America, in the settlement of the Continent, and in spreading the ideals of freedom and democracy throughout the world: The House agreed to discharge from committee and agree to H. Res. 1000, to commemorate the 250th Anniversary of the Naming of Pittsburgh as the culmination of the Forbes Campaign across Pennsylvania and the significance this event played in the making of America, in the settlement of the Continent, and in spreading the ideals of freedom and democracy throughout the world.

Page H8715

Congratulating Michael Phelps, 2008 Beijing Summer Olympics champion swimmer, on winning 8 gold medals in the Games of the XXIX Olympiad and becoming one of the most highly decorated athletes in Olympic history: The House agreed to discharge from committee and agree to H. Res. 1418, to congratulate Michael Phelps, 2008 Beijing Summer Olympics champion swimmer, on winning 8 gold medals in the Games of the XXIX Olympiad and becoming one of the most highly decorated athletes in Olympic history.

Page H8716

Reverend Earl Abel Post Office Building Designation Act: The House agreed to discharge from committee and pass H.R. 6198, to designate the facility of the United States Postal Service located at 1700 Cleveland Avenue in Kansas City, Missouri, as the ``Reverend Earl Abel Post Office Building''.

Page H8716

Supporting the goals and ideals of Sickle Cell Disease Awareness Month: The House agreed to discharge from committee and agree to H. Res. 1453, to support the goals and ideals of Sickle Cell Disease Awareness Month.

Pages H8716-17

Honoring professional surveyors and recognizing their contributions to society: The House agreed to discharge from committee and agree to H. Con. Res. 223, to honor professional surveyors and recognizing their contributions to society.

Page H8717

Kenneth Peter Zebrowski Post Office Building Designation Act: The House agreed to discharge from committee and pass H.R. 6199, to designate the facility of the United States Postal Service located at 245 North Main Street in New City, New York, as the ``Kenneth Peter Zebrowski Post Office Building''.

Page H8717

Supporting the goals and ideals of National Ovarian Cancer Awareness Month: The House agreed to discharge from committee and agree to H. Res. 671, to support the goals and ideals of National Ovarian Cancer Awareness Month.

Page H8717

CeeCee Ross Lyles Post Office Building Designation Act: The House agreed to discharge from committee and pass S. 3241, to designate the facility of the United States Postal Service located at 1717 Orange Avenue in Fort Pierce, Florida, as the ``CeeCee Ross Lyles Post Office Building''--clearing the measure for the President.

Pages H8717-18

Murphy A. Tannehill Post Office Building Designation Act: The House agreed to discharge from committee and pass H.R. 3511, to designate the facility of the United States Postal Service located at 2150 East Hardtner Drive in Urania, Louisiana, as the ``Murphy A. Tannehill Post Office Building''.

Page H8718

Recognizing and celebrating the 232nd anniversary of the signing of the Declaration of Independence: The House agreed to discharge from committee and agree to H. Con. Res. 386, to recognize and to celebrate the 232nd anniversary of the signing of the Declaration of Independence.

Page H8718

Senate Message: Message received from the Senate today appears on page H8594.

Senate Referrals: S. Con. Res. 93 and S. Con. Res. 96 were held at the desk; S. 3341 was referred to the Committee on Oversight and Government Reform; and S. 1193 was referred to the Committee on Natural Resources.

Page H8718

Quorum Calls--Votes: Seven yea-and-nay votes and two recorded votes developed during the proceedings of today and appear on pages H8596-97, H8597, D1153H8597-98, H8612-13, H8613, H8614, H8657-58, H8658, and H8659. There were no quorum calls.

Adjournment: The House met at 9 a.m. and adjourned at 12:16 a.m. on Wednesday, September 24th.

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TRANSFORMING THE NATION'S FOREIGN LANGUAGE CAPACITY

Committee on Armed Services: Subcommittee on Oversight and Investigations held a hearing on the Department of Defense's work with states, universities and students to transform the nation's foreign language capacity. Testimony was heard from Robert O. Slater, Director, National Security Education Program, Department of Defense; and public witnesses.

CHILD LABOR ENFORCEMENT: ARE WE PROTECTING OUR CHILDREN

Committee on Education and Labor: Subcommittee on Workforce Protections, hearing on Child Labor Enforcement: Are We Adequately Protecting our Children. Testimony was heard from Alexander Passantino, Acting Administrator, Wage and Hour Administration, Department of Labor; and public witnesses.

MISCELLANEOUS MEASURES

Committee on Energy and Commerce: Ordered reported the following legislation: H.R. 1283, Arthritis Prevention, Control, and Cure Act of 2007; H.R. 3232, Travel Promotion Act of 2007; H.R. 3402, Calling Card Consumer Protection Act; H.R. 1157, Breast Cancer and Environmental Research Act of 2007; legislation to amend Part II of the Federal Power Act to address potential cybersecurity threats to the bulk power system; and H.R. 6568, amended, Tom Lantos Pulmonary Hypertension Research and Education Act of 2008.

HURRICANES IN HAITI: DISASTER AND RECOVERY

Committee on Foreign Affairs: Subcommittee on Western Hemisphere held a hearing on the Hurricanes in Haiti: Disaster and Recovery. Testimony was heard from the following Representatives: Maxine Waters; Alcee L. Hastings; Barbara Lee; Kendrick B. Meek; Yvette D. Clarke; and Donna F. Edwards; Kirsten D. Madison, Deputy Assistant Secretary, Bureau of Western Hemisphere Affairs, Department of State; RADM Joseph D. Kernan, Commander, U.S. Naval Forces, Southern Command, U.S. 4th Fleet, Department of Defense; Jose R. Cardenas, Acting Assistant Administrator, Latin America and Caribbean Bureau, U.S. Agency for International Development; and a public witness.

PREVENTION OF EQUINE CRUELTY ACT

Committee on the Judiciary: Ordered reported H.R. 6598, amended, Prevention of Equine Cruelty Act of 2008.

EXECUTIVE OFFICE OF IMMIGRATION REVIEW

Committee on the Judiciary: Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law held a hearing on the Executive Office for Immigration Review. Testimony was heard from the following officials of the Department of Justice: Lee Lofthus, Assistant Attorney General, Administration; and Kevin Ohlson, Director, Executive Office for Immigration Review; and public witnesses.

IDENTIFYING LABOR SOLUTIONS FOR THE GUAM MILITARY BUILD-UP

Committee on Natural Resources: Subcommittee on Insular Affairs held an oversight hearing on Identifying Labor Solutions for the Guam Military Build-Up. Testimony was heard from Douglas W. Domenech, Acting Deputy Assistant Secretary, Insular Affairs, Department of the Interior; Major Gen. David F. Bice, USMC Retired, Executive Director, Joint Guam Program Office, Department of Defense; and Maria S. Connelley, Director, Guam Department of Labor and public witnesses.

NECESSARY REFORM TO PEDIATRIC DENTAL CARE

Committee on Oversight and Government Reform: Subcommittee on Domestic Policy, hearing on Necessary Reform to Pediatric Dental Care under Medicaid. Testimony was heard from Herb B. Kuhn, Acting Director, Center for Medicaid and State Operations, Centers for Medicare and Medicaid Services; Department Health and Human Services; Alicia Cackley, Acting Director, Health Care Team, GAO; and public witnesses.

PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 2638) MAKING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008, AND FOR OTHER PURPOSES

Committee on Rules: Granted, by a record vote of 9-4, a rule providing for consideration of the Senate amendment to the bill (H.R. 2638), the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009. The resolution would make in order a motion offered by the chairman of the Committee on Appropriations that the House D1154concur in the Senate amendment with the amendment printed in this report. The rule waives all points of order against consideration of the motion except those arising under clause 10 of rule XXI. The motion shall be debatable for 1 hour equally divided and controlled by the chairman and ranking minority member of the Committee on Appropriations. The Senate amendment and the motion shall be considered as read. Notwithstanding the operation of the previous question, the Chair may postpone consideration of the motion to a time designated by the Speaker. The rule requires the chairman of the Committee on Appropriations to insert in the Congressional Record dated September 24, 2008, such material as he may deem explanatory of the motion. Testimony was heard from Chairman Obey.

[Page: D1154]  GPO's PDF

WAIVING A REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM THE COMMITTEE ON RULES

Committee on Rules: Granted, by a 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 resolutions reported from the Rules Committee. The rule applies the waiver to any resolution reported on the legislative day of September 24, 2008, providing for consideration or disposition of a measure to provide incentives for energy production and conservation, to extend certain expiring provisions, to provide individual income tax relief, and for other purposes.

FEMA'S RESPONSE TO THE 2008 HURRICANE SEASON AND THE NATIONAL HOUSING STRATEGY

Committee on Transportation and Infrastructure: Subcommittee on Economic Development, Public Buildings and Emergency Management held a hearing on FEMA's Response to the 2008 Hurricane Season and the National Housing Strategy. Testimony was heard from ADM. Harvey Johnson, Deputy Administrator and Chief Operating Officer, FEMA; Cynthia Fagnoni, Managing Director, Education, Workforce and Income Security Issues, GAO; Ray Nagin, Mayor, City of New Orleans, Louisiana; and public witnesses.

MEDIA OUTREACH TO VETERANS: AN UPDATE

Committee on Veterans' Affairs: Oversight and Investigations held a hearing on Media Outreach to Veterans: An Update. Testimony was heard from Lisette M. Mondello, Assistant Secretary, Public and Intergovernmental Affairs, Department of Veterans Affairs; and public witnesses.

HEALTH OF THE PRIVATE HEALTH INSURANCE MARKET

Committee on Ways and Means: Subcommittee on Health held a hearing on Health of the Private Health Insurance market. Testimony was heard from public witnesses.

COMMITTEE BRIEFING

Permanent Select Committee on Intelligence: Met in executive session for a briefing on the CIA's Clandestine Service. Testimony was heard from departmental witnesses.

Committee on Agriculture, Nutrition, and Forestry: to hold hearings to examine the nomination of Mark Everett Keenum, of Mississippi, to be a Member of the Farm Credit Administration Board, Farm Credit Administration for a term ending May 21, 2014, 9:30 a.m., SR-328A.

Full Committee, with the Committee on Homeland Security and Governmental Affairs, Ad Hoc Subcommittee on Disaster Recovery, to hold joint hearings to examine the effectiveness of agricultural disaster assistance programs in the wake of the 2008 Midwest floods, Hurricane Gustav, and Hurricane Ike, 10 a.m., SR-328A.
Committee on Commerce, Science, and Transportation: Subcommittee on Interstate Commerce, Trade, and Tourism, to hold hearings to examine the imbalance in United States-Korea automobile trade, 10 a.m., SR-253.

Full Committee, to hold hearings to examine the safety and security of spent nuclear fuel transportation, 2 p.m., SR-253.
Committee on Environment and Public Works: to hold hearings to examine the Bush Administration's environmental record at the Department of the Interior and the Environmental Protection Agency (EPA), 2:30 p.m., SD-406.
Committee on Foreign Relations: Subcommittee on African Affairs, to hold hearings to examine Africa's management of its extractive industries, 9:30 a.m., SD-419.

Full Committee, to hold hearings to examine the nominations of James Franklin Jeffrey, of Virginia, to be Ambassador to the Republic of Turkey, and Gene Allan Cretz, of New York, to be Ambassador to Libya, 2:30 p.m., SD-419.
Committee on Homeland Security and Governmental Affairs: Ad Hoc Subcommittee on Disaster Recovery, with the Committee on Agriculture, Nutrition, and Forestry, to hold joint hearings to examine the effectiveness of agricultural disaster assistance programs in the wake of the 2008 Midwest floods, Hurricane Gustav, and Hurricane Ike, 10 a.m., SR-328A.

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Full Committee, to hold hearings to examine domestic partner benefits for federal employees, 10 a.m., SD-342.

Ad Hoc Subcommittee on State, Local, and Private Sector Preparedness and Integration, to hold hearings to examine the Federal Emergency Management Agency's (FEMA) future preparedness planning, 2:30 p.m., SD-342.
Committee on the Judiciary: Subcommittee on Human Rights and the Law, to hold hearings to examine extracting natural resources, focusing on corporate responsibility and the rule of law, 10:45 a.m., SH-216.

Subcommittee on Terrorism, Technology and Homeland Security, to hold hearings to examine the Visa Waiver Program, focusing on mitigating risks to ensure the safety of all Americans, 2:30 p.m., SH-216.
Committee on Veterans' Affairs: to hold oversight hearings to examine cooperation and collaboration by the Departments of Veterans Affairs and Defense on information technology efforts, 9:30 a.m., SR-418.
Special Committee on Aging: to hold hearings to examine ways to respect Americans' choices at the end of life, 10:30 a.m., SD-562.

Committee on Appropriations, Subcommittee on Legislative, on Capitol Visitor Center, oversight, 11 a.m., 2362A Rayburn.
Committee on Armed Services, hearing on Consideration for an American Grand Strategy, 10 a.m., 2118 Rayburn.
Committee on the Budget, hearing on the Federal Response to Market Turmoil: What's the Impact on the Budget, 10 a.m., 210 Cannon.
Committee on Energy and Commerce, Subcommittee on Environment and Hazardous Materials, hearing on Hazardous Substance Releases and Reporting under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 10:30 a.m., 2123 Rayburn.
Committee on Financial Services, hearing on The Future of Financial Services: Exploring Solutions for the Market Crisis, 12:30 p.m., 2128 Rayburn.
Committee on Homeland Security, Subcommittee on Intelligence, Information Sharing and Terrorism Risk Assessment, hearing on A Report Card on Homeland Security Information Sharing, 10 a.m., 311 Cannon.
Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights and Civil Liberties, and the Subcommittee on Elections of the Committee on House Administration, joint hearing on Federal, State and Local Efforts to Prepare for the 2008 General Election, 10 a.m., 2141 Rayburn.
Committee on Natural Resources, Subcommittee on Fisheries, Wildlife and Oceans, oversight hearing on recent trends concerning annual budgets for the National Wildlife Refuge System and implications for management activities, 10 a.m., 1324 Longworth.
Committee on Oversight and Government Reform, Subcommittee on Government Management, Organization, and Procurement, hearing on Passing the Baton: Preparing for the Presidential Transition, 2 p.m., 2247 Rayburn.

Subcommittee on Information Policy, Census and National Archives, hearing on How Information Policy Affects Competitive Viability in Minority Contracting, 2 p.m., 2154 Rayburn.

Subcommittee on National Security, and Foreign Affairs, hearing on Oversight of U.S.-Pakistan Relations: From Ad Hoc and Transactional to Strategic and Enduring, 2 p.m., 2203 Rayburn.
Committee on Small Business, Subcommittee on Contracting and Technology, hearing on Small Business Recovery from the Midwest Disasters of 2008, 2 p.m., 1539 Longworth.
Committee on Transportation and Infrastructure, to mark up the following: H.R. 6707, Taking Responsible Action for Community Safety Act; GSA Capital Investment and Leasing Program Resolutions; U.S. Army Corps of Engineers Survey Resolution; and other matters, 11 a.m., and a hearing on National Mediation Board Oversight of Elections for Union Representation, 2 p.m., 2167 Rayburn.
Committee on Veterans' Affairs, Subcommittee on Economic Opportunity, to continue oversight hearings on G.I. Bill Implementation, 1 p.m., 340 Cannon.
Committee on Ways and Means, Subcommittee on Oversight, hearing on Pension Benefit Guaranty Corporation, 11 a.m., 1100 Longworth.
Permanent Select Committee on Intelligence, Subcommittee on Oversight and Investigations, executive, to consider pending business, 10 a.m., H-405 Capitol.

Subcommittee on Terrorism, Human Intelligence, Analysis and Counterintelligence, executive, to consider pending business, 3 p.m., H-405 Capitol.

Subcommittee on Terrorism, Human Intelligence, Analysis and Counterintelligence, briefing on Hot Spots, 8:45 a.m., H-405 Capitol.

Joint Economic Committee: to hold hearings to examine the current economic outlook, 10 a.m., SD-106.

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Program for Wednesday: Senate will be in a period of morning business.

Program for Wednesday: To be announced.

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