[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Daily Digest]
[Pages D1184-D1188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                         Friday, September 26, 2008

[[Page D1184]]

                              Daily Digest

                                 Senate


Chamber Action
Routine Proceedings, pages S9559-S9880
Measures Introduced: Thirty-seven bills and five resolutions were 
introduced, as follows: S. 3604-3640, S. Res. 686-689, and S. Con. Res. 
104.
  Pages S9657-58
Measures Reported:
  S. 3617, to amend the Federal Water Pollution Control Act and the 
Safe Drinking Water Act to improve water and wastewater infrastructure 
in the United States. (S. Rept. No. 110-509)
  S. 3263, to authorize appropriations for fiscal years 2009 through 
2013 to promote an enhanced strategic partnership with Pakistan and its 
people. (S. Rept. No. 110-510)
  S. 2281, to expand the boundaries of the Thunder Bay National Marine 
Sanctuary and Underwater Preserve and for other purposes. (S. Rept. No. 
110-511)
  S. 2685, to prohibit cigarette manufacturers from making claims or 
representations based on data derived from the cigarette testing method 
established by the Federal Trade Commission. (S. Rept. No. 110-512)
  S. 2699, to require new vessels for carrying oil fuel to have double 
hulls, with amendments. (S. Rept. No. 110-513)
  Report to accompany S. 2136, to address the treatment of primary 
mortgages in bankruptcy. (S. Rept. No. 110-514)
Page S9655
Measures Passed:
  International Medical Graduates: Committee on the Judiciary was 
discharged from further consideration of H.R. 5571, to extend for 5 
years the program relating to waiver of the foreign country residence 
requirement with respect to international medical graduates, and the 
bill was then passed, after agreeing to the following amendment 
proposed thereto:
  Page S9573
  Reid (for Conrad) Amendment No. 5654, to reduce the length of the 
waiver program extension.
Page S9573
  Special Immigrant Nonminister Religious Worker Program: Senate passed 
S. 3606, to extend the special immigrant nonminister religious worker 
program.
  Pages S9573-74
  Criminal History Background Checks: Senate passed S. 3605, to extend 
the pilot program for volunteer groups to obtain criminal history 
background checks.
  Page S9574
  Enforcement of Intellectual Property Rights Act: Senate passed S. 
3325, to enhance remedies for violations of intellectual property laws, 
after agreeing to the committee amendments, and the following amendment 
proposed thereto:
  Page S9583
  Leahy Amendment No. 5655, in the nature of a substitute. 
                                                         Pages S9590-91
  Mentally Ill Offender Treatment and Crime Reduction Reauthorization 
and Improvement Act: Senate passed S. 2304, to amend title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 to provide grants 
for the improved mental health treatment and services provided to 
offenders with mental illnesses, after agreeing to the committee 
amendment in the nature of a substitute, and the following amendment 
proposed thereto:
  Pages S9595-99
  Leahy (for Kennedy) Amendment No. 5656, of a perfecting nature. 
                                                         Pages S9596-97
  FEMA Accountability Act: Senate passed S. 2382, to require the 
Administrator of the Federal Emergency Management Agency to quickly and 
fairly address the abundance of surplus manufactured housing units 
stored by the Federal Government around the country at taxpayer 
expense, after agreeing to the committee amendment in the nature of a 
substitute, and the following amendment proposed thereto: 
                                                         Pages S9604-05
  Nelson (FL) (for Lieberman/Pryor) Amendment No. 5657, in the nature 
of a substitute.
Page S9605
  Paul D. Wellstone Muscular Dystrophy Community Assistance, Research, 
and Education Amendments: Senate passed H.R. 5265, to amend the Public 
Health Service Act to provide for research with respect to various 
forms of muscular dystrophy, including Becker, congenital, distal, 
Duchenne, Emery-Dreifuss facioscapulohumeral, limb-girdle,

[[Page D1185]]

myotonic, and oculopharyngeal, muscular dystrophies, after agreeing to 
the following amendment proposed thereto:
  Pages S9605-06
  Nelson (FL) (for Klobuchar) Amendment No. 5658, in the nature of a 
substitute.
Pages S9605-06
  Immigration and Nationality Act: Senate passed S. 3166, to amend the 
Immigration and Nationality Act to impose criminal penalties on 
individuals who assist aliens who have engaged in genocide, torture, or 
extrajudicial killings to enter the United States.
  Page S9606
  Lights On Afterschool!: Senate agreed to S. Con. Res. 104, supporting 
``Lights On Afterschool!'', a national celebration of after school 
programs.
  Pages S9606-07
  Mayor William ``Bill'' Sandberg Post Office Building: Senate passed 
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.
  Page S9607
  Cpl. John P. Sigsbee Post Office: Senate passed H.R. 5975, 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'', clearing the measure for the President. 
                                                             Page S9607
  Sergeant Paul Saylor Post Office Building: Senate passed 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'', clearing the measure for the President. 
                                                             Page S9607
  Corporal Alfred Mac Wilson Post Office: Senate passed 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'', clearing the measure for the President. 
                                                             Page S9607
  National Oceanic and Atmospheric Administration: Senate passed H.R. 
5350, to authorize the Secretary of Commerce to sell or exchange 
certain National Oceanic and Atmospheric Administration property 
located in Norfolk, Virginia, after agreeing to the following amendment 
proposed thereto:
Page S9851
  Whitehouse (for Shelby) Amendment No. 5663, to provide authority to 
NOAA to enter a no cost land lease for a NOAA facility.
Page S9851
  Pechanga Band of Luiseno Mission Indians Land Transfer Act: Senate 
passed 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, after agreeing to the committee 
amendments.
  Pages S9851-52
  Nuclear Forensics and Attribution Act: Senate passed 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, after agreeing to the committee amendment in the 
nature of a substitute.
  Pages S9852-53
  Broadband Data Improvement Act: Senate passed S. 1492, to improve the 
quality of federal and state data regarding the availability and 
quality of broadband services and to promote the deployment of 
affordable broadband services to all parts of the Nation, after 
agreeing to the committee amendment in the nature of a substitute, and 
the following amendment proposed thereto:
  Pages S9853-58
  Whitehouse (for Inouye) Amendment No. 5664, in the nature of a 
substitute.
Page S9856
  Whitehouse (for Inouye) Amendment No. 5665 (to the language proposed 
by Amendment No. 5664), to make technical and minor changes to the 
substitute amendment.
Page S9856
  Authority for Trust Land: Senate passed S. 3192, to amend the Act of 
August 9, 1955, to authorize the Cow Creek Band of Umpqua Tribe of 
Indians, the Coquille Indian Tribe, and the Confederated Tribes of the 
Siletz Indians of Oregon to obtain 99-year lease authority for trust 
land, after agreeing to the committee amendment in the nature of a 
substitute.
  Pages S9858-59
  Presidential Historical Records Preservation Act: Senate passed S. 
3477, to amend title 44, United States Code, to authorize grants for 
Presidential Centers of Historical Excellence, after agreeing to the 
committee amendments, and the following amendment proposed thereto: 
                                                         Pages S9859-62
  Whitehouse (for Lieberman) Amendment No. 5666, to authorize the 
establishment of databases.
Page S9860
  Hydrographic Services Improvement Act Amendments: Senate passed S. 
1582, to reauthorize and amend the Hydrographic Services Improvement 
Act, after withdrawing the committee amendments, and the following 
amendment proposed thereto:
  Pages S9862-64
  Whitehouse (for Inouye) Amendment No. 5667, in the nature of a 
substitute.
Pages S9863-64
  National Sea Grant College Program Amendments Act: Committee on 
Commerce, Science, and Transportation was discharged from further 
consideration of H.R. 5618, to reauthorize and amend the National Sea 
Grant College Program Act, and the

[[Page D1186]]

bill was then passed, after agreeing to the following amendment 
proposed thereto:
  Pages S9864-65
  Whitehouse (for Inouye) Amendment No. 5668, in the nature of a 
substitute.
Pages S9864-65
  United States Postal Service Air Transportation Contracts: Committee 
on Homeland Security and Governmental Affairs was discharged from 
further consideration of S. 3536, to amend section 5402 of title 39, 
United States Code, to modify the authority relating to United States 
Postal Service air transportation contracts, and the bill was then 
passed.
  Pages S9865-66
  Production of Records: Senate agreed to S. Res. 686, to authorize the 
production of records.
  Pages S9866-67
  Authorization of Testimony and Legal Representation: Senate agreed to 
S. Res. 687, to authorize testimony and legal representation in People 
of the State of Michigan v. Sereal Leonoard Gravlin.
  Pages S9866-67
  Authorization of Testimony: Senate agreed to S. Res. 688, to 
authorize testimony in United States v. Max Obuszewski, et al. 
                                                             Page S9867
  Printing Authorization: Senate agreed to S. Res. 689, to authorize 
the printing of a revised edition of the Senate Rules and Manual. 
                                                             Page S9867
  Shawn Bentley Orphan Works Act: Senate passed S. 2913, to provide a 
limitation on judicial remedies in copyright infringement cases 
involving orphan works, after to the committee amendment in the nature 
of a substitute, and the following amendment proposed thereto: 
                                                         Pages S9867-72
  Whitehouse (for Kyl) Amendment No. 5669, to modify provisions 
relating to diligent efforts, guide searches, recommend prices, 
imitations on injunctive relief.
Page S9867-72
  Old Post Office Building Redevelopment Act: Senate passed H.R. 5001, 
to authorize the Administrator of General Services to provide for the 
redevelopment of the Old Post Office Building located in the District 
of Columbia, clearing the measure for the President.
  Page S9872
  Hazardous Waste Electronic Manifest Establishment Act: Senate passed 
S. 3109, to amend the Solid Waste Disposal Act to direct the 
Administrator of the Environmental Protection Agency to establish a 
hazardous waste electronic manifest system, after agreeing to the 
following amendment proposed thereto:
  Page S9874
  Whitehouse (for Thune) Amendment No. 5672, in the nature of a 
substitute.
Page S9874
  Mercury Market Minimization Act: Senate passed S. 906, to prohibit 
the sale, distribution, transfer, and export of elemental mercury, 
after agreeing to the committee amendment in the nature of a 
substitute, and the following amendment proposed thereto: 
                                                         Pages S9874-76
  Whitehouse (for Boxer) Amendment No. 5673, in the nature of a 
substitute.
Pages S9874-76
  Alcohol and Drug Addiction Recovery Day: Senate agreed to S. Res. 
659, designating September 27, 2008, as Alcohol and Drug Addiction 
Recovery Day.
  Page S9876
  AARP 50th Anniversary: Committee on the Judiciary was discharged from 
further consideration of S. Res. 666, recognizing and honoring the 50th 
anniversary of the founding of AARP, and the resolution was then agreed 
to.
  Pages S9876-77
Measures Considered:
Economic Stimulus Bill: Senate began consideration of the motion to 
proceed to consideration of S. 3604, making emergency supplemental 
appropriations for economic recovery for the fiscal year ending 
September 30, 2008.
  Pages S9574-77
  During consideration of this measure today, Senate also took the 
following action:
   By 52 yeas to 42 nays (Vote No. 206), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to close further debate on the motion to proceed to 
consideration of the bill.
Page S9577
   A unanimous-consent agreement was reached providing that having 
failed to achieve 60-affirmative votes, the motion to proceed to 
consideration of the bill, be withdrawn.
Page S9574
Advancing America's Priorities Act: Senate resumed consideration of the 
motion to proceed to consideration of S. 3297, to advance America's 
priorities.
  Pages S9577-83
House Messages:
Department of Homeland Security Appropriations Act/Continuing 
Resolution for Fiscal Year 2009: Senate began consideration of the 
amendment of the House of Representatives to the amendment of the 
Senate to H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2009, taking 
action on the following motion and amendments proposed thereto: 
                                                         Pages S9621-22
Pending:
  Senator Reid entered a motion to concur in the amendment of the House 
of Representatives to the amendment of the Senate to the bill. 
                                                             Page S9622
  Reid Amendment No. 5660 (to the motion to concur in the amendment of 
the House of Representatives to the amendment of the Senate to the 
bill), to establish the enactment date.
Page S9622

[[Page D1187]]


  Reid Amendment No. 5661 (to Amendment No. 5660), of a perfecting 
nature.
Page S9622
  A motion was entered to close further debate on the motion to concur 
in the amendment of the House of Representatives to the amendment of 
the Senate to bill with Reid Amendment No. 5660 (listed above) and, in 
accordance with the provisions of Rule XXII of the Standing Rules of 
the Senate, and pursuant to the unanimous-consent agreement of 
Thursday, September 25, 2008, a vote on cloture will occur at 10:00 
a.m. on Saturday, September 27, 2008.
Page S9622
  A unanimous-consent agreement was reached providing that the above-
listed action with respect to the amendment of the House of 
Representatives to the amendment of the Senate to H.R. 2638, be 
vitiated.
Page S9850
Department of Homeland Security Appropriations Act/Consolidated 
Security, Disaster Continuing Resolution: Senate began consideration of 
the amendment of the House of Representatives to the amendment of the 
Senate to H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, taking 
action on the following motion and amendments proposed thereto: 
                                                             Page S9850
Pending
  Senator Whitehouse (for Reid) entered a motion to concur in the 
amendment of the House of Representatives to the amendment of the 
Senate to the bill.
Pages S9850-51
  Whitehouse (for Reid) Amendment No. 5670 (to the motion to concur in 
the amendment of the House of Representatives to the amendment of the 
Senate to the bill), to establish the enactment date.
Page S9850
  Whitehouse (for Reid) Amendment No. 5671 (to Amendment No. 5670), of 
a perfecting nature.
Pages S9850-51
  A motion was entered to close further debate on the motion to concur 
in the amendment of the House of Representatives to the amendment of 
the Senate to bill and, in accordance with the provisions of Rule XXII 
of the Standing Rules of the Senate, and pursuant to the unanimous-
consent agreement of Friday, September 26, 2008, a vote on cloture will 
occur at 10 a.m. on Saturday, September 27, 2008.
Page S9850
  A unanimous-consent agreement was reached providing that no motion to 
refer be in order the pendency of the amendment of the House of 
Representatives to the amendment of the Senate to H.R. 2638. 
                                                             Page S9851
  A unanimous-consent-time agreement was reached providing that at 9:30 
a.m. on Saturday, September 27, 2008, Senate continue consideration of 
the amendment of the House of Representatives to the amendment of the 
Senate to the bill; that the time until 10 a.m. be equally divided 
between the Majority and Republican Leaders, or their designees; and 
that at 10 a.m. Senate vote on the motion to invoke cloture on the 
motion to concur in the amendment of the House of Representatives to 
the amendment of the Senate to the bill.
Page S9878
Appalachian Regional Development Act Amendments: Senate concurred in 
the amendment of the House of Representatives to S. 496, to reauthorize 
and improve the program authorized by the Appalachian Regional 
Development Act of 1965, clearing the measure for the President. 
                                                         Pages S9872-74
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:
  International Convention on Control of Harmful Anti-Fouling Systems 
on Ships, 2001 (Treaty Doc. 110-13) with 2 declarations; and
  CCW Protocol on Explosive Remnants of War (Treaty Doc. 109-10(C)) 
with 1 understanding and 1 declaration.
Page S9850
Removal of Injunction of Secrecy: The injunction of secrecy was removed 
from the following treaty:
  Agreement on Conservation of Albatrosses and Petrels (Treaty Doc. No. 
110-22).
  The treaty was transmitted to the Senate today, considered as having 
been read for the first time, and referred, with accompanying papers, 
to the Committee on Foreign Relations and ordered to be printed. 
                                                             Page S9878
Nominations Confirmed: Senate confirmed the following nominations:
  Clark Waddoups, of Utah, to be United States District Judge for the 
District of Utah.
  Michael M. Anello, of California, to be United States District Judge 
for the Southern District of California.
  J. Patrick Rowan, of Maryland, to be an Assistant Attorney General.
  (Prior to this action, Select Committee on Intelligence was 
discharged from further consideration.)
  Christine M. Arguello, of Colorado, to be United States District 
Judge for the District of Colorado.
  Philip A. Brimmer, of Colorado, to be United States District Judge 
for the District of Colorado.
  Mary Stenson Scriven, of Florida, to be United States District Judge 
for the Middle District of Florida.

[[Page D1188]]


  Anthony John Trenga, of Virginia, to be United States District Judge 
for the Eastern District of Virginia.
  Eric F. Melgren, of Kansas, to be United States District Judge for 
the District of Kansas.
  Mitchell S. Goldberg, of Pennsylvania, to be United States District 
Judge for the Eastern District of Pennsylvania.
  C. Darnell Jones II, of Pennsylvania, to be United States District 
Judge for the Eastern District of Pennsylvania.
  Joel H. Slomsky, of Pennsylvania, to be United States District Judge 
for the Eastern District of Pennsylvania. 
                                        Pages S9591-95, S9877-78, S9880
Nominations Received: Senate received the following nominations:
  F. Chase Hutto III, of Michigan, to be an Assistant Secretary of 
Energy (International Affairs and Domestic Policy).
  Michael S. Doran, of New Jersey, to be an Assistant Secretary of 
State (International Information Programs).
  Paul A. Quander, Jr., of the District of Columbia, to be Director of 
the Court Services and Offender Supervision Agency for the District of 
Columbia for a term of six years.
  Philip P. Simon, of Indiana, to be United States Circuit Judge for 
the Seventh Circuit.
  Kathryn A. Oberly, of the District of Columbia, to be an Associate 
Judge of the District of Columbia Court of Appeals for the term of 
fifteen years.
  John Grasty Crews II, of New Mexico, to be Inspector General, Small 
Business Administration.
  Chas Fagan, of North Carolina, to be a Member of the National Council 
on the Arts for a term expiring September 3, 2014.
  JoAnn Falletta, of New York, to be a Member of the National Council 
on the Arts for the remainder of the term expiring September 3, 2012.
  Lee Greenwood, of Tennessee, to be a Member of the National Council 
on the Arts for a term expiring September 3, 2014.
  Barbara Ernst Prey, of New York, to be a Member of the National 
Council on the Arts for a term expiring September 3, 2014.
  Irvin Mayfield, of Louisiana, to be a Member of the National Council 
on the Arts for a term expiring September 3, 2014.
  1 Air Force nomination in the rank of general.
  1 Army nomination in the rank of general.
  Routine lists in the Air Force, Army, Coast Guard, and the Navy. 
                                                         Pages S9878-80
Messages from the House:
  Pages S9650-51
Measures Referred:
  Page S9651
Enrolled Bills Presented:
  Page S9651
Executive Communications:
  Pages S9651-55
Executive Reports of Committees:
  Pages S9655-57
Additional Cosponsors:
  Pages S9658-60
Statements on Introduced Bills/Resolutions:
  Pages S9660-S9722
Additional Statements:
  Pages S9641-50
Amendments Submitted:
  Pages S9722-S9849
Privileges of the Floor:
  Pages S9849-50
Record Votes: One record vote was taken today. (Total--206) 
                                                             Page S9577
Recess: Senate convened at 9:30 a.m. and recessed at 8:00 p.m., until 
9:30 a.m. on Saturday, September 27, 2008. (For Senate's program, see 
the remarks of the Acting Majority Leader in today's Record on page 
S9878.)