[Congressional Record Volume 153, Number 126 (Thursday, August 2, 2007)]
[Daily Digest]
[Pages D1120-D1124]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                           Thursday, August 2, 2007

[[Page D1120]]

                              Daily Digest


HIGHLIGHTS

      Senate passed H.R. 976, the State Children's Insurance Program 
      Amendment Act (SCHIP Act).
      Senate agreed to the conference report to accompany H.R. 2272, 
      21st Century Competitiveness Act.
      Senate concurred in the amendment of the House to S. 1, 
      Legislative Transparency and Accountability Act.
      The House passed H.R. 3161, the Agriculture, Rural Development, 
      Food and Drug Administration, and Related Agencies Appropriations 
      Act, 2008.


                                 Senate


Chamber Action
Routine Proceedings, pages S10685-S10848
Measures Introduced: Fifty one bills and seven resolutions were 
introduced, as follows: S. 1934-1984, and S. Res. 292-298. 
                                                        Pages S10787-88
Measures Reported:
  H.R. 50, to reauthorize the African Elephant Conservation Act and the 
Rhinoceros and Tiger Conservation Act of 1994.
  H.R. 465, to reauthorize the Asian Elephant Conservation Act of 1997.
  S. 742, to amend the Toxic Substances Control Act to reduce the 
health risks posed by asbestos-containing products, with an amendment 
in the nature of a substitute.
  S. 775, to establish a National Commission on the Infrastructure of 
the United States, with an amendment in the nature of a substitute.
  S. 1785, to amend the Clean Air Act to establish deadlines by which 
the Administrator of the Environmental Protection Agency shall issue a 
decision on whether to grant certain waivers of preemption under that 
Act, with an amendment in the nature of a substitute.
Page S10786
Measures Passed:
  State Children's Health Insurance Program Amendment Act: By 68 yeas 
to 31 nays (Vote No. 307), Senate agreed to H.R. 976, to amend title 
XXI of the Social Security Act to reauthorize the State Children's 
Health Insurance Program, taking action on the following amendments 
proposed thereto:
  Pages S10719-61
Adopted:
  Nelson (FL) Amendment No. 2619 (to Amendment No. 2530), to reduce the 
cap on the tax on large cigars to $3.00.
Page S10741
  Dodd Amendment No. 2631 (to Amendment No. 2530), to expand family and 
medical leave in support of servicemembers with combat-related 
injuries.
Pages S10728, S10741
  Obama Amendment No. 2588 (to Amendment No. 2530), to provide certain 
employment protections for family members who are caring for members of 
the Armed Forces recovering from illnesses and injuries incurred on 
active duty.
Pages S10739, S10741
  Lincoln Amendment No. 2621 (to Amendment No. 2530), to express the 
sense of the Senate that Congress should enact legislation that 
improves access to affordable and meaningful health insurance coverage, 
especially for Americans in the small group and individual health 
insurance markets.
Pages S10739, S10740, S10743-46
  Wyden Modified Amendment No. 2570 (to Amendment No. 2530), to fund 
voluntary incentive programs with the aim of reducing the incidence of 
type 2 diabetes.
Page S10746
  Kerry/Snowe Amendment No. 2529 (to Amendment No. 2530), to establish 
a multiagency nationwide campaign to educate small business concerns 
about health insurance options available to children.
Pages S10750-51

[[Page D1121]]


  Cardin Modified Amendment No. 2567 (to Amendment No. 2530), to 
improve the provisions relating to dental health.

Pages S10751-52

  Baucus Amendment No. 2645 (to Amendment No. 2530), of a perfecting 
nature.
Pages S10752-53
  Baucus Amendment No. 2530, in the nature of a substitute. 
                                                            Page S10719
  Baucus Amendment No. 2646, to amend the title.
Page S10761
Rejected:
  By 43 yeas to 55 nays (Vote No. 297), Grassley (for Ensign) Amendment 
No. 2540 (to Amendment No. 2530), to prohibit a State from using SCHIP 
funds to provide coverage for nonpregnant adults until the State first 
demonstrates that it has adequately covered targeted low-income 
children who reside in the State.
Pages S10719, S10733-36, S10737
  By 42 yeas to 57 nays (Vote No. 298), Thune Amendment No. 2579 (to 
Amendment No. 2530), to exclude individuals with alternative minimum 
tax liability from eligibility from SCHIP coverage. 
                                                Pages S10719, S10737-38
  By 37 yeas to 62 nays (Vote No. 299), Grassley (for Kyl), Amendment 
No. 2537 (to Amendment No. 2530), to minimize the erosion of private 
health coverage.
Pages S10719, S10738-39
  By 37 yeas to 62 nays (Vote No. 300), Specter (for Coburn/DeMint) 
Amendment No. 2627 (to Amendment No. 2530), to ensure that children and 
pregnant women whose family income exceeds 200 percent of the poverty 
line and who have access to employer-sponsored coverage receive premium 
assistance.
Pages S10720, S10746-47
  By 35 yeas to 64 nays (Vote No. 301), Vitter/DeMint Modified 
Amendment No. 2596, to require individuals who are eligible for SCHIP 
and employer-sponsored coverage to use the employer-sponsored coverage 
instead of SCHIP.
Pages S10724-26, S10747-48
  By 49 yeas to 50 nays (Vote No. 302), Allard Modified Amendment No. 
2535 (to Amendment No. 2530), to codify the unborn child rule. 
                                                Pages S10726-28, S10748
  By 21 yeas to 78 nays (Vote No. 303), Hutchison Amendment No. 2620 
(to Amendment No. 2530), to increase access to health insurance for 
low-income children based on actual need, as adjusted for cost-of-
living.
Pages S10731-32, S10748-49
  By 37 yeas to 62 nays (Vote No. 305), DeMint Amendment No. 2577 (to 
Amendment No. 2530), to amend the Public Health Service Act to provide 
for cooperative governing of individual health insurance coverage 
offered in interstate commerce.
Pages S10740-41, S10752
Withdrawn:
  Dorgan Amendment No. 2534 (to Amendment No. 2530), to revise and 
extend the Indian Health Care Improvement Act.
Pages S10719, S10724
  Webb Modified Amendment No. 2618 (to Amendment No. 2530), to 
eliminate the deferral of taxation on certain income of United States 
shareholders attributable to controlled foreign corporations. 
                                                   Pages S10724, S10746
  Sanders Amendment No. 2600 (to Amendment No. 2530), to amend title 
XXI of the Social Security Act to limit the use of funds for States 
that receive the enhanced portion of the CHIP matching rate for 
Medicaid coverage of certain children.
Pages S10720, S10749
  McConnell/Specter Amendment No. 2599 (to Amendment No. 2530), to 
express the sense of the Senate that Judge Leslie Southwick should 
receive a vote by the full Senate.
Page S10719
  Grassley (for Ensign) Amendment No. 2541 (to Amendment No. 2530), to 
prohibit a State from providing child health assistance or health 
benefits coverage to individuals whose family income exceeds 200 
percent of the Federal Poverty Level unless the State demonstrates that 
it has enrolled 95 percent of the targeted low-income children who 
reside in the State.
Page S10719
  Sanders Amendment No. 2571 (to Amendment No. 2530), to establish an 
incentive program for State health access innovations. 
                                                        Pages S10720-23
  During consideration of this measure today, Senate also took the 
following action:
  By 47 yeas to 52 nays (Vote No. 295), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 201 of S. Con. Res. 21, FY08 
Congressional Budget Resolution, with respect to Baucus (for Specter) 
Amendment No. 2557 (to Amendment No. 2530), to amend the Internal 
Revenue Code of 1986 to reset the rate of tax under the alternative 
minimum tax at 24 percent. Subsequently, the pay-as-you-go point of 
order that the amendment would cause or increase an on-budget deficit 
for either of the applicable time periods set out in S. Con. Res. 21, 
was sustained, and the amendment thus fell.
Pages S10719, S10736
  By 39 yeas to 60 nays (Vote No. 296), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 201 of S. Con. Res. 21, FY08 
Congressional Budget Resolution, with respect to Grassley (for Graham) 
Modified Amendment No. 2558 (to Amendment No. 2530), to sunset the 
increase in the tax on tobacco products on September 30, 2012. 
Subsequently, the pay-as-you-go point of order that

[[Page D1122]]

the amendment would cause or increase an on-budget deficit for either 
of the applicable time periods set out in S. Con. Res. 21, was 
sustained, and the amendment thus fell.
Pages S10731, S10736-37
  By 49 yeas to 50 nays (Vote No. 304), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 201 of S. Con. Res. 21, FY08 
Congressional Budget Resolution, with respect to Grassley (for Kyl) 
Amendment No. 2562 (to Amendment No. 2530), to amend the Internal 
Revenue Code of 1986 to extend and modify the 15-year straight-line 
cost recovery for qualified leasehold improvements and qualified 
restaurant improvements and to provide a 15-year straight-line cost 
recovery for certain improvements to retail space. Subsequently, the 
pay-as-you-go point of order that the amendment would cause or increase 
an on-budget deficit for either of the applicable time periods set out 
in S. Con. Res. 21, was sustained, and the amendment thus fell. 
                                                Pages S10719, S10749-50
  By 67 yeas to 32 nays (Vote No. 306), three-fifths of those Senators 
duly chosen and sworn, having voted in the affirmative, Senate agreed 
to the motion to waive section 203 of S. Con. Res. 21, FY08 
Congressional Budget Resolution, with respect to Baucus Amendment No. 
2530, in the nature of a substitute.
Page S10753
  National Bourbon Heritage Month: Senate agreed to S. Res. 294, 
designating September 2007 as ``National Bourbon Heritage Month''. 
                                                        Pages S10840-41
  National Attention Deficit Disorder Awareness Day: Senate agreed to 
S. Res. 295, designating September 19, 2007, as ``National Attention 
Deficit Disorder Awareness Day''.
  Pages S10840-41
  National Youth Court Month: Senate agreed to S. Res. 296, designating 
September 2007 as ``National Youth Court Month''.
  Pages S10840-41
  Utah League of Cities and Towns 100th Anniversary: Senate agreed to 
S. Res. 297, recognizing the 100th anniversary of the Utah League of 
Cities and Towns.
  Pages S10840-41
  Marquis de Lafayette 250th Anniversary: Senate agreed to S. Res. 298, 
commending the City of Fayetteville, North Carolina for holding a 3-day 
celebration of the 250th anniversary of the birth of the Marquis de 
Lafayette, and recognizing that the City of Fayetteville is where North 
Carolina celebrates the birthday of the Marquis de Lafayette. 
                                                        Pages S10840-41
  Lung Cancer: Committee on Health, Education, Labor, and Pensions was 
discharged from further consideration of S. Res. 87, expressing the 
sense of the Senate that the President should declare lung cancer a 
public health priority and should implement a comprehensive interagency 
program to reduce the lung cancer mortality rate by at least 50 percent 
by 2015, and the resolution was then agreed to.
  Page S10842
  Federal Insecticide, Fungicide, and Rodenticide Act: Senate passed S. 
1983, to amend the Federal Insecticide, Fungicide, and Rodenticide Act 
to renew and amend the provisions for the enhanced review of covered 
pesticide products, to authorize fees for certain pesticide products, 
and to expend and improve the collection of maintenance fees. 
                                                        Pages S10842-44
  Saginaw Chippewa Tribe of Indians: Senate passed H.R. 2952, to 
authorize the Saginaw Chippewa Tribe of Indians of the State of 
Michigan to convey land and interests in land owned by the Tribe, 
clearing the measure for the President.
  Page S10844
  Coquille Indian Tribe of the State of Oregon: Senate passed H.R. 
2863, to authorize the Coquille Indian Tribe of the State of Oregon to 
convey land and interests in land owned by the Tribe, clearing the 
measure for the President.
  Page S10844
  National Infrastructure Improvement Act: Senate passed S. 775, to 
establish a National Commission on the Infrastructure of the United 
States, after agreeing to the committee amendment in the nature of a 
substitute, and the following amendment proposed thereto: 
                                                        Pages S10844-46
  Pryor (for Boxer) Amendment No. 2648, in the nature of a substitute. 
                                                            Page S10846
Conference Reports:
21st Century Competitiveness Act: Senate agreed to the conference 
report on H.R. 2272, to invest in innovation through research and 
development, and to improve the competitiveness of the United States, 
clearing the measure for the President.
  Pages S10761-62
House Messages:
Legislative Transparency and Accountability Act: By 83 yeas to 14 nays 
(Vote No. 294), Senate agreed to the motion to concur in the amendment 
of the House to S. 1, to provide greater transparency in the 
legislative process, taking action on the following amendments proposed 
thereto:
  Pages S10687-S10719, S10723-24
Withdrawn:
  Senator Reid motion to concur in the amendment of the House to the 
bill.
Page S10716
  Senator Reid motion to concur in the amendment of the House with 
Amendment No. 2589, to change the enactment date.
Page S10716

[[Page D1123]]


  During consideration of this measure today, Senate also took the 
following action:
  By 80 yeas to 17 nays (Vote No. 293), two-thirds of those Senators 
duly chosen and sworn, having voted in the affirmative, Senate agreed 
to the motion to close further debate on the Reid motion to concur in 
the amendment of the House to the bill.
Page S10716
  Reid Amendment No. 2590 (to Amendment No. 2589), of a perfecting 
nature, fell when Amendment No. 2589 (listed above) was withdrawn.
Appointments (from Wednesday, August 1, 2007):
Board of Visitors of the U.S. Merchant Marines: The Chair, on behalf of 
the Vice President, pursuant to Title 46 App., Section 1295 b(h), of 
the U.S. Code, appointed the following Senators to the Board of 
Visitors of the U.S. Merchant Marine Academy: Senator Inouye, ex 
officio as Chairman of the Committee on Commerce, Science, and 
Transportation; Senator Lautenberg, from the Committee on Commerce, 
Science and Transportation; Senator Stevens, from the Committee on 
Commerce, Science and Transportation, and Senator Graham, At Large.
Board of Visitors of the U.S. Air Force Academy: The Chair, on behalf 
of the Vice President, pursuant to 10 U.S.C. 9355(a), appointed the 
following Senators to the Board of Visitors of the U.S. Air Force 
Academy: Senator Bennett, from the Committee on Appropriations; Senator 
Nelson (NE), from the Committee on Appropriations; and Senator Allard, 
At Large.
Appointments (from Thursday, August 2, 2007):
Board of Visitors of the U.S. Coast Guard Academy: The Chair, on behalf 
of the Vice President, pursuant to 14 U.S.C. 194, as amended by Public 
Law 101-595, and upon the recommendation of the Chairman of the 
Committee on Commerce, Science, and Transportation, appointed the 
following Senators to the Board of Visitors of the U.S. Coast Guard 
Academy: Senator Stevens, from the Committee on Commerce, Science, and 
Transportation, and Senator Collins, At Large.
  Pages S10840
Message from the President: Senate received the following message from 
the President of the United States on Wednesday, August 1, 2007:
  Transmitting, pursuant to law, the declaration of a national 
emergency relative to the threat in Lebanon posed by the actions of 
certain persons to undermine Lebanon's legitimate democratic 
institutions; which was referred to the Committee on Banking, Housing, 
and Urban Affairs. (PM-23)
Degiusti Nomination--Agreement: A unanimous-consent agreement was 
reached providing that at approximately 9:30 a.m. on Friday, August 3, 
2007, Senate begin consideration of the nomination of Timothy D. 
DeGiusti, to be United States District Judge for the Western District 
of Oklahoma; that there be two minutes for debate equally divided 
between the Chairman and Ranking Member of the Committee on the 
Judiciary; provided further, that Senate vote on confirmation of the 
nomination.
  Pages S10742, S10761
Nominations Received: Senate received the following nominations:
  Dennis W. Carlton, of Illinois, to be a Member of the Council of 
Economic Advisers.
  Carl B. Kress, of California, to be a Federal Maritime Commissioner 
for the term expiring June 30, 2011.
  A. Paul Anderson, of Florida, to be a Federal Maritime Commissioner 
for the term expiring June 30, 2012.
  John A. Gastright, of South Carolina, for the rank of Ambassador 
during his tenure of service as United States Coordinator for 
Afghanistan, Department of State.
  Margaret Spellings, of Texas, to be designated a Representative of 
the United States of America to the Thirty-fourth Session of the 
General Conference of the United Nations Educational, Scientific, and 
Cultural Organization.
  Mark D. Gearan, of New York, to be a Member of the Board of Directors 
of the Corporation for National and Community Service for a term 
expiring December 1, 2010.
  Julie Fisher Cummings, of Michigan, to be a Member of the Board of 
Directors of the Corporation for National and Community Service for a 
term expiring September 14, 2011.
  Donna N. Williams, of Texas, to be a Member of the Board of Directors 
of the Corporation for National and Community Service for a term 
expiring October 6, 2009.
  Tom Osborne, of Nebraska, to be a Member of the Board of Directors of 
the Corporation for National and Community Service for a term expiring 
October 6, 2012.
  Alan D. Solomont, of Massachusetts, to be a Member of the Board of 
Directors of the Corporation for National and Community Service for a 
term expiring October 6, 2009.
  Jeffrey William Runge, of North Carolina, to be Assistant Secretary 
for Health Affairs and Chief Medical Officer, Department of Homeland 
Security.
  Cynthia Dyer, of Texas, to be Director of the Violence Against Women 
Office, Department of Justice.
  1 Air Force nomination in the rank of general.
  2 Army nominations in the rank of general.
  2 Navy nominations in the rank of admiral.

[[Page D1124]]


  Routine lists in the Air Force, Army, Navy.
Pages S10846-48
Messages from the House:
  Page S10785
Measures Placed on the Calendar:
  Page S10785
Measures Read the First Time:
  Page S10785
Executive Communications:
  Pages S10785-86
Executive Reports of Committees:
  Page S10786
Additional Cosponsors:
  Pages S10788-91
Statements on Introduced Bills/Resolutions:
  Pages S10791-S10824
Additional Statements:
  Pages S10781-85
Amendments Submitted:
  Pages S10824-39
Authorities for Committees to Meet:
  Pages S10839-40
Privileges of the Floor:
  Page S10840
Record Votes: Fifteen record votes were taken today. (Total--307) 
      Pages S10716, S10723-24, S10736, S10737, S10738, S10747, S10748, 
                         S10749, S10749-50, S10752, S10753, and S10761.
Adjournment: Senate convened at 9:30 a.m. and adjourned at 11:33 p.m., 
until 9:30 a.m. on Friday, August 3, 2007. (For Senate's program, see 
the remarks of the Acting Majority Leader in today's Record on page 
S10846.)