[Congressional Record Volume 158, Number 166 (Friday, December 21, 2012)]
[Daily Digest]
[Pages D1063-D1066]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                          Friday, December 21, 2012

[[Page D1063]]

                              Daily Digest


HIGHLIGHTS

      Senate agreed to the conference report to accompany H.R. 4310, 
      National Defense Authorization Act.


                                 Senate


Chamber Action
Routine Proceedings, pages S8323-8380
Measures Introduced: Five bills and one resolution were introduced, as 
follows: S. 3705-3709, and S.J. Res. 51.                     
  Page S8364
Measures Reported:
  Report to accompany S. 911, to establish the sense of Congress that 
Congress should enact, and the President should sign, bipartisan 
legislation to strengthen public safety and to enhance wireless 
communications. (S. Rept. No. 112-260)
  Report to accompany S. 1449, to authorize the appropriation of funds 
for highway safety programs and for other purposes. (S. Rept. No. 112-
261)
  S. 1262, to improve Indian education, with an amendment in the nature 
of a substitute. (S. Rept. No. 112-262)
  S. 1684, to amend the Indian Tribal Energy Development and Self-
Determination Act of 2005, with amendments. (S. Rept. No. 112-263) 
                                                             Page S8363
Measures Passed:
  Birthplace of the National Guard: Committee on Armed Services was 
discharged from further consideration of H.R. 1339, to designate the 
City of Salem, Massachusetts, as the Birthplace of the National Guard 
of the United States, and the bill was then passed.          
  Page S8377
  Drywall Safety Act: Committee on Commerce, Science, and 
Transportation was discharged from further consideration of H.R. 4212, 
to prevent the introduction into commerce of unsafe drywall, to ensure 
the manufacturer of drywall is readily identifiable, to ensure that 
problematic drywall removed from homes is not reused, and the bill was 
then passed, after agreeing to the following amendment proposed 
thereto:                                                 
  Pages S8377-78
  Reid (for Vitter) Amendment No. 3432, in the nature of a substitute. 
                                                         Pages S8377-78
  Motor Vehicle Insurance Cost Reporting: Committee on Commerce, 
Science, and Transportation was discharged from further consideration 
of H.R. 5859, to repeal an obsolete provision in title 49, United 
States Code, requiring motor vehicle insurance cost reporting, and the 
bill was then passed.                                        
  Page S8378
  Frank Buckles World War I Memorial Act: Senate passed H.R. 6364, to 
establish a commission to ensure a suitable observance of the 
centennial of World War I, to provide for the designation of memorials 
to the service of members of the United States Armed Forces in World 
War I, after agreeing to the following amendment proposed thereto: 
                                                             Page S8378
  Reid (for McCaskill/Blunt) Amendment No. 3433, in the nature of a 
substitute.                                                  
Page S8378
  Large Financial Institutions and the Federal Government Transactions: 
Senate passed S. 3709, to require a Government Accountability Office 
examination of transactions between large financial institutions and 
the Federal Government, after agreeing to the following amendment 
proposed thereto:                                        
  Pages S8378-79
  Reid (for Vitter/Brown (OH)) Amendment No. 3434, in the nature of a 
substitute.                                              
Pages S8378-79
  Hizballah: Committee on Foreign Relations was discharged from further 
consideration of S. Res. 613, urging the governments of Europe and the 
European Union to designate Hizballah as a terrorist organization and 
impose sanctions, and urging the President to provide information about 
Hizballah to the European allies of the United States and to support to 
the Government of Bulgaria in investigating the July 18, 2012, 
terrorist attack in Burgas, and the resolution was then agreed to. 
                                                         Pages S8379-80
  Medicare IVIG Access Act: Senate passed H.R. 1845, to provide a 
demonstration project providing

[[Page D1064]]

Medicare coverage for in-home administration of intravenous immune 
globulin (IVIG) and to amend title XVIII of the Social Security Act 
with respect to the application of Medicare secondary payer rules for 
certain claims.                                              
  Page S8380
Measures Considered:
  Full-Year Continuing Appropriations Act--Agreement: Senate continued 
consideration of H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, taking action on the 
following amendments and motions proposed thereto:       
  Pages S8340-46
Withdrawn:
  Reid Amendment No. 3396 (to Amendment No. 3395), to change the 
enactment date.                                              
Page S8341
  Reid Amendment No. 3398 (to the language proposed to be stricken by 
Amendment No. 3395), to change the enactment date.           
Page S8341
Pending:
  Reid Amendment No. 3395, in the nature of a substitute.    
Page S8341
  During consideration of this measure today, Senate also took the 
following action:
  By 91 yeas to 1 nay (Vote No. 230), three-fifths of those Senators 
duly chosen and sworn, having voted in the affirmative, Senate agreed 
to the motion to close further debate on Reid Amendment No. 3395 
(listed above).                                              
Page S8340
  Reid motion to commit the bill to the Committee on Appropriations, 
with instructions, Reid Amendment No. 3400, to change the enactment 
date, fell when cloture was invoked on Reid Amendment No. 3395 (listed 
above).                                                      
Page S8341
  Reid Amendment No. 3401 (to (the instructions) Amendment No. 3400), 
of a perfecting nature, fell when Reid motion to commit the bill to the 
Committee on Appropriations, with instructions, Reid Amendment No. 3400 
(listed above) fell.                                         
Page S8341
  Reid Amendment No. 3402 (to Amendment No. 3401), of a perfecting 
nature, fell when Reid Amendment No. 3401 (to (the instructions) 
Amendment No. 3400) fell.                                    
Page S8341
  By 57 yeas to 34 nays (Vote No. 231), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected the motion to waive pursuant to section 904 of the 
Congressional Budget Act of 1974 with respect to Reid Amendment No. 
3395 (listed above). Subsequently, the point of order that the 
amendment was in violation of section 314(e)(1) of the Congressional 
Budget Act of 1974, was sustained, and the emergency designation within 
the amendment was stricken.                              
Pages S8341-42
  Reid Amendment No. 3397 (to Amendment No. 3396), of a perfecting 
nature, fell when Reid Amendment No. 3396 (to Amendment No. 3395) 
(listed above) was withdrawn.                                
Page S8341
  Reid Amendment No. 3399 (to Amendment No. 3398), of a perfecting 
nature, fell when Reid Amendment No. 3398 (to the language proposed to 
be stricken by Amendment No. 3395) (listed above) was withdrawn. 
                                                             Page S8341
  A unanimous-consent-time agreement was reached providing that no 
other budget points of order be in order to the substitute or the 
underlying bill; provided further, that notwithstanding Rule XXII, the 
following amendments be in order: Cardin Amendment No. 3393; Grassley 
Amendment No. 3348; Feinstein Modified Amendment No. 3421; Harkin 
Amendment No. 3426; Landrieu Amendment No. 3415; Leahy Amendment No. 
3403; McCain Modified Amendment No. 3384; Bingaman Amendment No. 3344; 
Coburn Amendment No. 3368; Coburn Amendment No. 3369; Coburn Modified 
Amendment No. 3370; Coburn Amendment No. 3371; Coburn Amendment No. 
3382; Coburn Amendment No. 3383; Tester Amendment No. 3350; Paul 
Amendment No. 3376; Paul Amendment No. 3410; McCain Amendment No. 3355; 
Merkley Modified Amendment No. 3367; Lee Modified Amendment No. 3373; 
and Coats Amendment No. 3391; that no amendments be in order to any of 
these amendments prior to votes on or in relation to the amendments; 
that the amendments be subject to a 60 affirmative vote threshold; that 
there will be 30 minutes of debate equally divided in the usual form on 
each amendment with the exception of the following: 20 minutes equally 
divided on each of the Coburn amendments or divisions, and the Lee 
amendment; 40 minutes equally divided on each of the Paul amendments; 
and one hour equally divided on the Coats amendment; that upon the use 
or yielding back of time, Senate vote on or in relation to the 
amendments in the order listed; that there be two minutes of debate, 
equally divided, between the votes; that all after the first vote, be 
ten minute votes; that upon disposition of the pending amendments 
listed, Senate vote on or in relation to the pending substitute 
amendment, as amended, if amended; that upon disposition of the 
substitute, the cloture motion on the underlying bill be withdrawn, and 
Senate vote on passage of the bill, as amended, if amended. 
                                                             Page S8340
Conference Reports:
  National Defense Authorization Act: By 81 yeas to 14 nays (Vote No. 
229), Senate agreed to the conference report to accompany H.R. 4310, to 
authorize

[[Page D1065]]

appropriations for fiscal year 2013 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year.                          
  Pages S8325-40
  FISA Amendments Act Reauthorization Act--Agreement: A unanimous-
consent agreement was reached providing that notwithstanding cloture 
having been invoked and at a time to be determined by the Majority 
Leader, after consultation with the Republican Leader, Senate begin 
consideration of H.R. 5949, to extend the FISA Amendments Act of 2008 
for five years; that the only first-degree amendments in order to the 
bill be the following: Leahy; Merkley; Paul; and Wyden; that there be 
30 minutes of debate equally divided between the proponents and 
opponents on each amendment; that there be up to seven hours of debate 
on the bill equally divided between the proponents and opponents; that 
upon the use or yielding back of time, Senate vote on or in relation to 
the amendments in the order listed; that there be no amendments in 
order to any of the amendments prior to the votes; that upon 
disposition of the amendments, Senate vote on passage of the bill, as 
amended, if amended, and that there be a 60 affirmative vote threshold 
on each of the amendments and passage of the bill.           
  Page S8374
  A unanimous-consent agreement was reached provided that with respect 
to consideration of the bill, the text for each of the amendments in 
order under the previous agreement is at the desk.           
Page S8374
  A unanimous-consent agreement was reached providing that Senate begin 
consideration of the bill at approximately 10 a.m., on Thursday, 
December 27, 2012; and that Senator Wyden be recognized.     
Page S8380
  Authorizing Leadership to Make Appointments--Agreement: A unanimous-
consent agreement was reached providing that, notwithstanding the 
upcoming recess or adjournment of the Senate, the President of the 
Senate, the President pro tempore, and the Majority and Minority 
Leaders be authorized to make appointments to commissions, committees, 
boards, conferences, or interparliamentary conferences authorized by 
law, by concurrent action of the two Houses, or by order of the Senate.
                                                             Page S8380
  Signing Authority--Agreement: A unanimous-consent agreement was 
reached providing that from Friday, December 21, 2012 through Thursday, 
December 27, 2012, the Majority Leader be authorized to sign duly 
enrolled bills or joint resolutions.                         
  Page S8380
Nominations Confirmed: Senate confirmed the following nominations:
  Matthew W. Brann, of Pennsylvania, to be United States District Judge 
for the Middle District of Pennsylvania.
  Malachy Edward Mannion, of Pennsylvania, to be United States District 
Judge for the Middle District of Pennsylvania.
  Jon S. Tigar, of California, to be United States District Judge for 
the Northern District of California.              
Pages S8374-75, S8380
  William S. Greenberg, of New Jersey, to be a Judge of the United 
States Court of Appeals for Veterans Claims for the term of fifteen 
years. (Prior to this action, Committee on Veterans' Affairs was 
discharged from further consideration.)              
Pages S8375, S8380
Nominations Received: Senate received the following nominations:
  Ernest W. Dubester, of Virginia, to be a Member of the Federal Labor 
Relations Authority for a term of five years expiring July 29, 2017.
  Carol Waller Pope, of the District of Columbia, to be a Member of the 
Federal Labor Relations Authority for a term of five years expiring 
July 1, 2014.                                                
Page S8380
Messages from the House:                                     
  Page S8360
Measures Referred:                                       
  Pages S8360-61
Executive Communications:                                
  Pages S8361-63
Petitions and Memorials:                                     
  Page S8363
Executive Reports of Committees:                         
  Pages S8363-64
Additional Cosponsors:                                       
  Page S8364
Statements on Introduced Bills/Resolutions:              
  Pages S8364-65
Additional Statements:                                   
  Pages S8358-60
Amendments Submitted:                                    
  Pages S8365-74
Authorities for Committees to Meet:                          
  Page S8374
Privileges of the Floor:                                     
  Page S8374
Record Votes: Three record votes were taken today. (Total--231) 
                                              Pages S8338, S8340, S8342
Adjournment: Senate convened at 1 p.m. and adjourned at 7:19 p.m., 
until 12 p.m. on Monday, December 24, 2012. (For Senate's program, see 
the remarks of the Majority Leader in today's Record on page S8340.)

[[Page D1066]]