[Congressional Record Volume 161, Number 175 (Thursday, December 3, 2015)]
[Daily Digest]
[Pages D1272-D1275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                                         Thursday, December 3, 2015

[[Page D1272]]

                              Daily Digest


HIGHLIGHTS

      Senate passed H.R. 3762, Restoring Americans' Healthcare Freedom 
      Reconciliation Act, as amended.
      Senate agreed to the conference report to accompany H.R. 22, 
      Developing a Reliable and Innovative Vision for the Economy Act.


                                 Senate


Chamber Action
Routine Proceedings, pages S8323-S8426
Measures Introduced: Thirteen bills and four resolutions were 
introduced, as follows: S. 2347-2359, S.J. Res. 26, and S. Res. 326-
328.                                                     
  Pages S8378-79
Measures Reported:
  S. 1704, to amend the Indian Tribal Justice Act to secure urgent 
resources vital to Indian victims of crime, with an amendment in the 
nature of a substitute. (S. Rept. No. 114-172)
  H.R. 2820, to reauthorize the Stem Cell Therapeutic and Research Act 
of 2005, with an amendment in the nature of a substitute.
  S. 2136, to establish the Regional SBIR State Collaborative 
Initiative Pilot Program, with an amendment in the nature of a 
substitute.                                                  
Page S8378
Measures Passed:
  Restoring Americans' Healthcare Freedom Reconciliation Act: By 52 
yeas to 47 nays (Vote No. 329), Senate passed H.R. 3762, to provide for 
reconciliation pursuant to section 2002 of the concurrent resolution on 
the budget for fiscal year 2016, after taking action on the following 
amendments proposed thereto:                             
  Pages S8326-57
Adopted:
  By 90 yeas to 10 nays (Vote No. 316), Heller Amendment No. 2882 (to 
Amendment No. 2874), to strike the reinstatement of the tax on employee 
health insurance premiums and health plan benefits.      
Pages S8344-45
  By 60 yeas to 39 nays (Vote No. 324), Coats Amendment No. 2888 (to 
Amendment No. 2874), to amend the Internal Revenue Code of 1986 to 
extend the special rule for seniors relating to the income level for 
deduction of medical care expenses.                      
Pages S8352-53
  Reid Amendment No. 2917 (to Amendment No. 2916), to strike the 
reinstatement of the tax on employee health insurance premiums and 
health plan benefits.                                        
Page S8354
  Enzi (for McConnell) Amendment No. 2916 (to Amendment No. 2874), in 
the nature of a substitute.                       
Pages S8353-54, S8356
  McConnell Amendment No. 2874, in the nature of a substitute. 
                                                             Page S8326
Rejected:
  Murray/Wyden Amendment No. 2876 (to Amendment No. 2874), to ensure 
that this Act does not increase the number of uninsured women or 
increase the number of unintended pregnancies by establishing a women's 
health care and clinic security and safety fund. (By 54 yeas to 46 nays 
(Vote No. 311), Senate tabled the amendment.)     
Pages S8326, S8341-42
  By 56 yeas to 44 nays (Vote No. 312), Johnson Amendment No. 2875 (to 
Amendment No. 2874), to amend the Patient Protection and Affordable 
Care Act to ensure that individuals can keep their health insurance 
coverage. (A unanimous-consent agreement was reached providing that the 
amendment, having failed to achieve 60 affirmative votes, was not 
agreed to.)                                          
Pages S8326, S8342
  By 48 yeas to 52 nays (Vote No. 314), Collins Amendment No. 2885 (to 
Amendment No. 2874), relating to the repeal of the prevention and 
public health fund.                                          
Page S8343
  By 10 yeas to 89 nays (Votes No. 323), Paul Amendment No. 2899 (to 
Amendment No. 2874), to prevent the entry of extremists into the United 
States under the refugee program. Subsequently, a point of order that 
the amendment would violate section 313(b)(1)(c) of the Congressional 
Budget Act of 1974 was withdrawn. (A unanimous-consent

[[Page D1273]]

agreement was reached providing that the amendment, having failed to 
achieve 60 affirmative votes, was not agreed to.)            
Page S8350
  Cardin Amendment No. 2913 (to Amendment No. 2874), to amend the 
Internal Revenue Code of 1986 to extend the special rule for seniors 
relating to the income level for deduction of medical care expenses and 
to require high-income taxpayers to pay a fair share of taxes. 
                                                         Pages S8351-52
  By 54 yeas to 45 nays (Vote No. 325), Paul Amendment No. 2915 (to 
Amendment No. 2874), to restore Second Amendment rights in the District 
of Columbia. (A unanimous-consent agreement was reached providing that 
the amendment, having failed to achieve 60 affirmative votes, was not 
agreed to.)                                                  
Page S8353
Withdrawn:
  McCain/Klobuchar Amendment No. 2884 (to Amendment No. 2874), to amend 
the Federal Food, Drug, and Cosmetic Act to allow for the personal 
importation of safe and affordable drugs from approved pharmacies in 
Canada.                                                  
Pages S8350-51
  During consideration of this measure today, Senate also took the 
following action:
  By 45 yeas to 55 nays (Vote No. 313), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive all applicable sections of the Congressional 
Budget Act of 1974 with respect to consideration of Brown Amendment No. 
2883 (to Amendment No. 2874), to maintain the 100 percent FMAP for the 
Medicaid expansion population. Subsequently, a point of order that the 
amendment would cause the underlying legislation to exceed the 
authorizing committee's 302(a) allocation of new budget authority or 
outlays was sustained, and the amendment thus fell.      
Pages S8342-43
  By 46 yeas to 54 nays (Vote No. 315), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive all applicable sections of the Congressional 
Budget Act of 1974 with respect to consideration of Casey/Baldwin 
Amendment No. 2893 (to Amendment No. 2874), to amend the Internal 
Revenue Code of 1986 to establish a credit for married couples who are 
both employed and have young children. Subsequently, a point of order 
that the amendment would cause the underlying legislation to exceed the 
authorizing committee's 302(a) allocation of new budget authority or 
outlays was sustained, and the amendment thus fell.      
Pages S8343-44
  By 47 yeas to 52 nays (Vote No. 317), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive all applicable sections of the Congressional 
Budget Act of 1974 with respect to consideration of Shaheen Amendment 
No. 2892 (to Amendment No. 2874), to improve mental health and 
substance use prevention and treatment. Subsequently, a point of order 
that the amendment would cause the underlying legislation to exceed the 
authorizing committee's 302(a) allocation of new budget authority or 
outlays was sustained, and the amendment thus fell.          
Page S8345
  By 55 yeas to 44 nays (Vote No. 318), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive all applicable sections of the Congressional 
Budget Act of 1974 and applicable budget resolutions with respect to 
consideration of Cornyn Amendment No. 2912 (to Amendment No. 2874), 
relating to the Protect America Act. Subsequently, a point of order 
that the amendment would violate section 313(b)(1)(c) of the 
Congressional Budget Act of 1974 was sustained, and the amendment thus 
fell.                                                    
Pages S8345-46
  By 45 yeas to 54 nays (Vote No. 319), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive all applicable sections of the Congressional 
Budget Act of 1974 with respect to consideration of Feinstein Amendment 
No. 2910 (to Amendment No. 2874), to increase public safety by 
permitting the Attorney General to deny the transfer of firearms or the 
issuance of firearms and explosives licenses to known or suspected 
dangerous terrorists. Subsequently, a point of order that the amendment 
would violate section 313(b)(1)(c) of the Congressional Budget Act of 
1974 was sustained, and the amendment thus fell.         
Pages S8346-47
  By 53 yeas to 46 nays (Vote No. 320), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive all applicable sections of the Congressional 
Budget Act of 1974 and applicable budget resolutions with respect to 
consideration of Grassley Amendment No. 2914 (to Amendment No. 2874), 
to address gun violence, improve the availability of records to the 
National Instant Criminal Background Check System, address mental 
illness in the criminal justice system, and end straw purchases and 
trafficking of illegal firearms. Subsequently, a point of order that 
the amendment would violate section 313(b)(1)(c) of the Congressional 
Budget Act of 1974 was sustained, and the amendment thus fell. 
                                                         Pages S8347-48
  By 48 yeas to 50 nays (Vote No. 321), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive all applicable sections of the Congressional 
Budget Act of 1974 and applicable budget resolutions with respect to 
consideration of Manchin/

[[Page D1274]]

Toomey Amendment No. 2908 (to Amendment No. 2874), to protect Second 
Amendment rights, ensure that all individuals who should be prohibited 
from buying a firearm are listed in the National Instant Criminal 
Background Check System, and provide a responsible and consistent 
background check process. Subsequently, a point of order that the 
amendment would violate section 313(b)(1)(c) of the Congressional 
Budget Act of 1974 was sustained, and the amendment thus fell. 
                                                             Page S8348
  By 47 yeas to 52 nays (Vote No. 322), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive all applicable sections of the Congressional 
Budget Act of 1974 and applicable budget resolutions with respect to 
consideration of Bennet/Sanders Amendment No. 2907 (to Amendment No. 
2874), to provide additional amounts to the Department of Veterans 
Affairs to increase the access of veterans to care and improve the 
physical infrastructure of the Department of Veterans Affairs and to 
impose a fair share tax on high-income taxpayers. Subsequently, a point 
of order that the amendment would cause the underlying legislation to 
exceed the authorizing committee's 302(a) allocation of new budget 
authority or outlays was sustained, and the amendment thus fell. 
                                                         Pages S8348-50
  By 52 yeas to 47 nays (Vote No. 326), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive all applicable sections of the Congressional 
Budget Act of 1974 and applicable budget resolutions with respect to 
consideration of Enzi (for McConnell) Amendment No. 2916 (to Amendment 
No. 2874), in the nature of a substitute. Subsequently, a point of 
order that section 105(b) of the amendment would violate section 
313(b)(1)(d) of the Congressional Budget Act of 1974 was sustained, and 
section 105(b) was stricken.                      
Pages S8353-54, S8356
  By 45 yeas to 54 nays (Vote No. 327), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive all applicable sections of the Congressional 
Budget Act of 1974 and applicable budget resolutions with respect to 
consideration of Baldwin Amendment No. 2919 (to Amendment No. 2916), to 
ensure that individuals can keep their health insurance coverage. 
Subsequently, a point of order that the amendment would cause the 
underlying legislation to exceed the authorizing committee's 302(a) 
allocation of new budget authority or outlays was sustained, and the 
amendment thus fell.                                     
Pages S8354-55
  By 46 yeas to 53 nays (Vote No. 328), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive all applicable sections of the Congressional 
Budget Act of 1974 and applicable budget resolutions with respect to 
consideration of Murphy/Stabenow Amendment No. 2918 (to Amendment No. 
2916), to protect victims of violence or disease, veterans, workers who 
have lost their health insurance and their jobs, and other vulnerable 
populations from the repeal of the advance premium tax credit. 
Subsequently, a point of order that the amendment would cause the 
underlying legislation to exceed the authorizing committee's 302(a) 
allocation of new budget authority or outlays was sustained, and the 
amendment thus fell.                                     
Pages S8355-56
  National Bison Legacy Act: Committee on the Judiciary was discharged 
from further consideration of S. 2032, to adopt the bison as the 
national mammal of the United States, and the bill was then passed. 
                                                             Page S8426
Conference Reports:
  Developing a Reliable and Innovative Vision for the Economy Act: By 
83 yeas to 16 nays (Vote No. 331), Senate agreed to the conference 
report to accompany H.R. 22, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs. 
                                                         Pages S8357-66
  By 77 yeas to 22 nays (Vote No. 330) three-fifths of those Senators 
duly chosen and sworn, having voted in the affirmative, Senate agreed 
to the motion to waive Rule XXVIII relative to section 32205 with 
respect to the conference report. Subsequently, the point of order 
under Rule XXVIII that section 32205, exceeds the scope of conference 
report to accompany the bill, was not sustained.             
Page S8364
Every Child Achieves Act--Cloture: Senate began consideration of the 
conference report to accompany S. 1177, to reauthorize the Elementary 
and Secondary Education Act of 1965 to ensure that every child 
achieves.                                                
  Pages S8425-26
  A motion was entered to close further debate on the conference report 
to accompany the bill, and, in accordance with the provisions of Rule 
XXII of the Standing Rules of the Senate, a vote on cloture will occur 
on Tuesday, December 8, 2015.                            
Pages S8425-26
McDonough Nomination--Agreement: A unanimous-consent-time agreement was 
reached providing that at 5 p.m., on Monday, December 7, 2015, Senate 
begin consideration of the nomination of Travis Randall McDonough, to 
be United States District Judge for the Eastern District of Tennessee; 
that there then be 30 minutes of debate on the nomination, and that 
following the use or yielding back of time, Senate vote on confirmation 
of the nomination,

[[Page D1275]]

without intervening action or debate; and that no further motions be in 
order to the nomination.                                     
  Page S8426
Messages from the House:                                     
  Page S8376
Measures Read the First Time:                        
  Pages S8376, S8426
Enrolled Bills Presented:                                
  Pages S8376-77
Executive Communications:                                
  Pages S8377-78
Petitions and Memorials:                                     
  Page S8378
Additional Cosponsors:                                   
  Pages S8379-80
Statements on Introduced Bills/Resolutions:              
  Pages S8380-82
Additional Statements:                                   
  Pages S8374-76
Amendments Submitted:                                 
  Pages S8382-S8425
Authorities for Committees to Meet:                          
  Page S8425
Record Votes: Twenty-one record votes were taken today. (Total--331) 
                                        Pages S8341-50, S8352-57, S8364
Adjournment: Senate convened at 9:30 a.m. and adjourned at 9:53 p.m., 
until 2 p.m. on Monday, December 7, 2015. (For Senate's program, see 
the remarks of the Majority Leader in today's Record on page S8426.)