[Congressional Record Volume 167, Number 177 (Thursday, October 7, 2021)]
[Daily Digest]
[Pages D1111-D1114]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                                          Thursday, October 7, 2021

[[Page D1111]]

                              Daily Digest


HIGHLIGHTS

      Senate agreed to the motion to concur in the amendment of the 
      House of Representatives to S. 1301, Promoting Physical Activity 
      for Americans Act, with an amendment. (The legislative vehicle 
      for the debt limit suspension).


                                 Senate


Chamber Action
Routine Proceedings, pages S6949-S7012
Measures Introduced: Thirty-six bills and eleven resolutions were 
introduced, as follows: S. 2951-2986, S.J. Res. 28, and S. Res. 410-
419.                                                     
  Pages S6997-99
Measures Passed:
  Donna M. Doss Memorial Act: Senate passed S. 233, to designate the 
Rocksprings Station of the U.S. Border Patrol located on West Main 
Street in Rocksprings, Texas, as the ``Donna M. Doss Border Patrol 
Station''.                                                   
  Page S6992
  Sylvia H. Rambo United States Courthouse: Senate passed S. 1226, to 
designate the United States courthouse located at 1501 North 6th Street 
in Harrisburg, Pennsylvania, as the ``Sylvia H. Rambo United States 
Courthouse''.                                                
  Page S6992
  Malcolm J. Howard United States Courthouse: Senate passed S. 2205, to 
designate the United States courthouse located at 201 South Evans 
Street in Greenville, North Carolina, as the ``Malcolm J. Howard United 
States Courthouse''.                                         
  Page S6992
  Louisa Swain Federal Office Building: Senate passed S. 2126, to 
designate the Federal Office Building located at 308 W. 21st Street in 
Cheyenne, Wyoming, as the ``Louisa Swain Federal Office Building''. 
                                                             Page S6992
  National Hispanic-Serving Institutions Week: Committee on the 
Judiciary was discharged from further consideration of S. Res. 372, 
designating the week beginning September 13, 2021, as ``National 
Hispanic-Serving Institutions Week'', and the resolution was then 
agreed to.                                                   
  Page S6992
  National Childhood Cancer Awareness Month: Committee on the Judiciary 
was discharged from further consideration of S. Res. 400, designating 
September 2021 as ``National Childhood Cancer Awareness Month'', and 
the resolution was then agreed to.                           
  Page S6992
  Energy Efficiency Day: Senate agreed to S. Res. 411, designating 
October 6, 2021, as ``Energy Efficiency Day'' in celebration of the 
economic and environmental benefits that have been driven by private 
sector innovation and Federal energy efficiency policies. 
                                                         Pages S6992-93
  National Hydrogen and Fuel Cell Day: Senate agreed to S. Res. 412, 
designating October 8, 2021, as ``National Hydrogen and Fuel Cell 
Day''.                                                       
  Page S6993
  National Community Policing Week: Senate agreed to S. Res. 413, 
designating the week of October 3 through October 9, 2021, as 
``National Community Policing Week''.                        
  Page S6993
  World Food Day: Senate agreed to S. Res. 414, designating October 16, 
2021, and October 16, 2022, as ``World Food Day''.           
  Page S6993
  National Wildlife Refuge Week: Senate agreed to S. Res. 415, 
designating the week beginning on October 10, 2021, as ``National 
Wildlife Refuge Week''.                                      
  Page S6993
  National Chemistry Week: Senate agreed to S. Res. 416, designating 
the week of October 17 through 23, 2021, as ``National Chemistry 
Week''.                                                      
  Page S6993
  Buddy Check Week: Committee on Veterans' Affairs was discharged from 
further consideration of S. 544, to direct the Secretary of Veterans 
Affairs to designate one week each year as ``Buddy Check Week'' for the 
purpose of outreach and education concerning peer wellness checks for 
veterans, and the bill was then passed.                      
  Page S6993

[[Page D1112]]

  Protecting Moms Who Served Act: Committee on Veterans' Affairs was 
discharged from further consideration of S. 796, to codify maternity 
care coordination programs at the Department of Veterans Affairs, and 
the bill was then passed, after agreeing to the following amendment 
proposed thereto:                                        
  Pages S6993-94
  Lujan (for Tester) Amendment No. 3860, in the nature of a substitute.
                                                             Page S6993
House Messages:
  Promoting Physical Activity for Americans Act: By 50 yeas to 48 nays 
(Vote No. 412), Senate agreed to the motion to concur in the amendment 
of the House of Representatives to S. 1301, to provide for the 
publication by the Secretary of Health and Human Services of physical 
activity recommendations for Americans, with Schumer Amendment No. 
3847, in the nature of a substitute, after taking action on the 
following motions and amendments proposed thereto:      
  Pages S6953-54, S6975-90
Withdrawn:
  Schumer Amendment No. 3848 (to Amendment No. 3847), to change the 
effective date.                                   
Pages S6953-54, S6990
  During consideration of this measure today, Senate also took the 
following action:
  A unanimous-consent agreement was reached providing that the motion 
to invoke cloture on Schumer motion to concur in the amendment of the 
House to the bill, be withdrawn.                             
Page S6953
  Schumer motion to refer the bill to the Committee on Finance, with 
instructions, Schumer Amendment No. 3837 (to (the instructions), to 
change the enactment date, was tabled.                       
Page S6953
  Schumer motion to concur in the amendment of the House to the bill, 
with Schumer Amendment No. 3835, to change the enactment date, was 
tabled.                                                      
Page S6953
  Schumer Amendment No. 3838 (to (the instructions) Amendment No. 
3837), of a perfecting nature, fell when Schumer Amendment No. 3837 (to 
(the instructions) (listed above) was tabled.                
Page S6953
  Schumer Amendment No. 3839 (to Amendment No. 3838), of a perfecting 
nature, fell when Schumer Amendment No. 3838 (to (the instructions) 
Amendment No. 3837) (listed above) fell.                     
Page S6953
  Schumer Amendment No. 3836 (to Amendment No. 3835), of a perfecting 
nature, fell when Schumer Amendment No. 3835 (listed above) was tabled.
                                                             Page S6953
  By 61 yeas to 38 nays (Vote No. 411), three-fifths of those Senators 
duly chosen and sworn, having voted in the affirmative, Senate agreed 
to the motion to close further debate on Schumer motion to concur in 
the amendment of the House to the bill, with Schumer Amendment No. 3847 
(listed above).                                
Pages S6953-54, S6989-90
  Schumer motion to refer the bill to the Committee on Finance, with 
instructions, Schumer Amendment No. 3849, to change the effective date, 
fell when cloture was invoked on Schumer motion to concur in the 
amendment of the House to the bill, with Schumer Amendment No. 3847 
(listed above).                                      
Pages S6954, S6990
  Schumer Amendment No. 3850 (to (the instructions Amendment No. 3849), 
to modify the effective date, fell when Schumer Amendment No. 3849, to 
change the effective date, fell.                     
Pages S6954, S6990
  Schumer Amendment No. 3851 (to Amendment No. 3850), to modify the 
effective date, fell when Schumer Amendment No. 3850 (to (the 
instructions Amendment No. 3849) (listed above) fell.      
Pages S6954, S6990
  A second motion was entered to close further debate on Schumer motion 
to concur in the amendment of the House to the bill, and the point was 
rendered moot.                                       
Pages S6954, S6989
Pro Forma Sessions--Agreement: A unanimous-consent agreement was 
reached providing that the Senate adjourn, to then convene for pro 
forma sessions only, with no business being conducted on the following 
dates and times, and that following each pro forma session, the Senate 
adjourn until the next pro forma session: Friday, October 8, 2021, at 
11:30 a.m.; Tuesday, October 12, 2021, at 12 noon; Thursday, October 
14, 2021 at 5 p.m.; and that when the Senate adjourns on Thursday, 
October 14, 2021, it next convene at 3 p.m., on Monday, October 18, 
2021.                                                        
  Page S7012
Motion to Discharge Lhamon Nomination: Pursuant to S. Res. 27, 
Committee on Health, Education, Labor, and Pensions being tied on the 
question of reporting, the Majority Leader made the motion to discharge 
the Committee on Health, Education, Labor, and Pensions from further 
consideration of the nomination of Catherine Elizabeth Lhamon, of 
California, to be Assistant Secretary for Civil Rights, Department of 
Education.                                               
  Pages S6954-75
  By 50 yeas to 49 nays (Vote No. EX. 410), Senate agreed to the motion 
to discharge the nomination from the Committee on Health, Education, 
Labor, and Pensions. Subsequently, the nomination was placed on the 
Executive Calendar pursuant to the provisions of S. Res. 27, relative 
to Senate procedure in the 117th Congress.                   
Page S6975
Gelpi Nomination--Agreement: Senate began consideration of the 
nomination of Gustavo A. Gelpi, of

[[Page D1113]]

Puerto Rico, to be United States Circuit Judge for the First Circuit. 
                                                  Pages S6954, S6990-91
  A motion was entered to close further debate on the nomination. 
                                                             Page S6954
  During consideration of this nomination today, Senate also took the 
following action:
  By 54 yeas to 39 nays (Vote No. EX. 413), Senate agreed to the motion 
to close further debate on the nomination.               
Pages S6990-91
  Prior to the consideration of this nomination, Senate took the 
following action:
  Senate agreed to the motion to proceed to Executive Session to 
consider the nomination.                                     
Page S6954
  A unanimous-consent agreement was reached providing that all post-
cloture time be considered expired, and Senate vote on confirmation of 
the nomination at 5:30 p.m. on Monday, October 18, 2021.     
Page S7012
Giles Nomination--Cloture: Senate began consideration of the nomination 
of Patricia Tolliver Giles, to be United States District Judge for the 
Eastern District of Virginia.                                
  Page S6991
  A motion was entered to close further debate on the nomination. 
                                                             Page S6991
  Prior to the consideration of this nomination, Senate took the 
following action:
  Senate agreed to the motion to proceed to Executive Session to 
consider the nomination.                                     
Page S6991
  A unanimous-consent agreement was reached providing that the motion 
to invoke cloture on the nomination be withdrawn.            
Page S6995
O'Hearn Nomination--Cloture: Senate began consideration of the 
nomination of Christine P. O'Hearn, to be United States District Judge 
for the District of New Jersey.                          
  Pages S6994-95
  A motion was entered to close further debate on the nomination, and, 
in accordance with the provisions of Rule XXII of the Standing Rules of 
the Senate, a vote on cloture will occur upon disposition of the 
nomination of Patricia Tolliver Giles, to be United States District 
Judge for the Eastern District of Virginia.              
Pages S6994-95
  Prior to the consideration of this nomination, Senate took the 
following action:
  Senate agreed to the motion to proceed to Executive Session to 
consider the nomination.                                     
Page S6994
  A unanimous-consent agreement was reached providing that Senate 
resume consideration of the nomination at approximately 3 p.m., on 
Monday, October 18, 2021.                                    
Page S7012
Nominations Confirmed: Senate confirmed the following nominations:
  Xochitl Torres Small, of New Mexico, to be Under Secretary of 
Agriculture for Rural Development.
  Alexander Hoehn-Saric, of Maryland, to be Chairman of the Consumer 
Product Safety Commission.
  Alexander Hoehn-Saric, of Maryland, to be a Commissioner of the 
Consumer Product Safety Commission for a term of seven years from 
October 27, 2020.                                            
Page S6991
Nominations Received: Senate received the following nominations:
  Elizabeth de Leon Bhargava, of New York, to be an Assistant Secretary 
of Housing and Urban Development.
  Kathy K. Im, of Illinois, to be a Member of the Board of Directors of 
the Corporation for Public Broadcasting for a term expiring January 31, 
2024.
  Thomas E. Rothman, of California, to be a Member of the Board of 
Directors of the Corporation for Public Broadcasting for a term 
expiring January 31, 2026.
  Elizabeth M. Sembler, of Florida, to be a Member of the Board of 
Directors of the Corporation for Public Broadcasting for a term 
expiring January 31, 2026.
  Elaine Trevino, of California, to be Chief Agricultural Negotiator, 
Office of the United States Trade Representative, with the rank of 
Ambassador.
  1 Army nomination in the rank of general.                  
Page S7012
Nomination Discharged: The following nomination were discharged from 
further committee consideration and placed on the Executive Calendar:
  Catherine Elizabeth Lhamon, of California, to be Assistant Secretary 
for Civil Rights, Department of Education, which was sent to the Senate 
on May 13, 2021, from the Senate Committee on Health, Education, Labor, 
and Pensions.                                                
Page S7012
Executive Reports of Committees:                             
  Page S6997
Additional Cosponsors:                                
  Pages S6999-S7001
Statements on Introduced Bills/Resolutions:              
  Pages S7001-07
Additional Statements:                                       
  Page S6997
Amendments Submitted:                                    
  Pages S7007-12
Authorities for Committees to Meet:                          
  Page S7012
Privileges of the Floor:                                     
  Page S7012
Record Votes: Four record votes were taken today. (Total--413) 
                                    Pages S6975, S6989-90, S6990, S6991
Adjournment: Senate convened at 10 a.m. and adjourned at 9:23 p.m., 
until 11:30 a.m. on Friday, October 8, 2021. (For Senate's program, see 
the remarks of the Acting Majority Leader in today's Record on page 
S7012.)

[[Page D1114]]