September 20, 2011 - Issue: Vol. 157, No. 140 — Daily Edition112th Congress (2011 - 2012) - 1st Session
Daily Digest Section (PDF)
Tuesday, September 20, 2011
Special Report entitled ``Revised Allocation to Subcommittees of Budget Totals for Fiscal Year 2012''. (S. Rept. No. 112–81)
Generalized System of Preferences Act--Agreement: Senate began consideration of H.R. 2832, to extend the Generalized System of Preferences, after agreeing to the motion to proceed, and taking action on the following amendments proposed thereto:
Pages S5739–45, S5750–64
By 45 yeas to 55 nays (Vote No. 141), McConnell Modified Amendment No. 626 (to Amendment No. 633), to provide trade promotion authority for the Trans-Pacific Partnership Agreement and for other trade agreements. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.)
Pages S5739–45, S5752–59, S5763–64
Reid (for Casey) Amendment No. 633, to extend and modify trade adjustment assistance.
Hatch Amendment No. 641 (to Amendment No. 633), to make the effective date of the amendments expanding the trade adjustment assistance program contingent on the enactment of the United States-Korea Free Trade Agreement Implementation Act, the United States-Colombia Trade Promotion Agreement Implementation Act, and the United States-Panama Trade Promotion Agreement Implementation Act.
A unanimous-consent-time agreement was reached providing for further consideration of the bill at approximately 10:30 a.m., on Wednesday, September 21, 2011; that following the reporting of the bill, Senator McCain, or his designee, be recognized to call up Amendment No. 625; that the time until 12:30 p.m. be equally divided between the two Leaders, or their designees, for debate on the McCain and Hatch amendments; provided further, that at 12:30 p.m., Senate vote on or in relation to Hatch Amendment No. 641 (listed above), and McCain Amendment No. 625, in that order; that there be two minutes, equally divided, prior to each vote; that there be no amendments, points of order or motions in order to either amendment prior to the votes on the amendments, other than budget points of order and the applicable motions to waive; and that each amendment be subject to a 60 affirmative vote threshold.
National Commission for the Review of the Research and Development Programs of the United States Intelligence Community: The Chair, on behalf of the Republican Leader, after consultation with the Chairman of the Select Committee on Intelligence, and pursuant to provisions of Public Law 107–306, as amended by Public Law 111–259, announced the appointment of Senator Coats to serve as a member of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community.
Nominations Confirmed: Senate confirmed the following nominations:
Executive Reports of Committees:
Statements on Introduced Bills/Resolutions:
Authorities for Committees to Meet:
Privileges of the Floor:
Adjournment: Senate convened at 10 a.m. and adjourned at 6:59 p.m., until 9:30 a.m. on Wednesday, September 21, 2011. (For Senate's program, see the remarks of the Majority Leader in today's Record on page S5793.)
APPROPRIATIONS: TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
Committee on Appropriations: Subcommittee on Transportation, Housing and Urban Development, and Related Agencies approved for full committee consideration an original bill making appropriations for Transportation, Housing and Urban Development, and Related Agencies for fiscal year 2012.
APPROPRIATIONS: LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
Committee on Appropriations: Subcommittee on Departments of Labor, Health and Human Services, and Education, and Related Agencies approved for full committee consideration an original bill making appropriations for Labor, Health and Human Services, and Education, and Related Agencies for fiscal year 2012.
Committee on Armed Services: Committee met in closed session to receive a briefing on Iran from Michele A. Flournoy, Under Secretary for Policy, Admiral James A. Winnefeld, Jr., USN, Vice Chairman, Joint Chiefs of Staff, and Asmar Amir, Colin Kahl, and Jaime Esteva, all of the Defense Intelligence Agency, all of the Department of Defense.
Committee on Banking, Housing, and Urban Affairs: Subcommittee on Housing, Transportation and Community Development concluded a hearing to examine new ideas to address the glut of foreclosed properties, after receiving testimony from Allan H. Dechert, New Jersey Association of Realtors, Edison; Robert Nielsen, National Association of Home Builders, Washington, D.C.; Chris Krehmeyer, Beyond Housing, St. Louis, Missouri; Laurie S. Goodman, Amherst Securities Group, Austin, Texas; and Stan Humphries, Zillow, Seattle, Washington.
PROMOTING JOB CREATION
Committee on the Budget: Committee concluded a hearing to examine promoting job creation in the United States, after receiving testimony from Alice M. Rivlin, The Brookings Institution, Harry J. Holzer, Georgetown University, and J.D. Foster, The Heritage Foundation, all of Washington, D.C.
Committee on Finance: Committee concluded a hearing to examine tax reform options, focusing on incentives for innovation, after receiving testimony from Scott Wallsten, Technology Policy Institute, Washington, D.C.; Michael D. Rashkin, Author of Practical Guide to Research and Development Tax Incentives: Federal, State, and International, Saratoga, California; Annette Nellen, San Jose State University College of Business, San Jose, California; and Dirk Pilat, Organization for Economic Cooperation and Development, Paris, France.
Committee on Finance: Committee ordered favorably reported the following business items:
S.1542, to amend part B of title IV of the Social Security Act to extend the child and family services program through fiscal year 2016; and
The nominations of Juan F. Vasquez, of Texas, Joseph H. Gale, of Virginia, and Maurice B. Foley, of Maryland, all to be a Judge of the United States Tax Court, and Janice Eberly, of Illinois, to be Assistant Secretary of the Treasury.
INTELLIGENCE COMMUNITY CONTRACTORS
Committee on Homeland Security and Governmental Affairs: Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia concluded open and closed hearings to examine intelligence community contractors, focusing on striking the right balance, after receiving testimony from Daniel I. Gordon, Administrator for Federal Procurement Policy, Office of Management and Budget; Edward L. Haugland, Assistant Inspector General for Inspections, Office of Inspector General, and Paula J. Roberts, Associate Director for Human Capital, and Intelligence Community Chief Human Capital Officer, both of the Office of the Director of National Intelligence; Charles E. Allen, Intelligence and National Security Alliance, Arlington, Virginia; Scott Amey, Project on Government Oversight (POGO), and Joshua Foust, American Security Project (ASP), both of Washington, D.C.; and Mark M. Lowenthal, The Intelligence and Security Academy, LLC, Reston, Virginia.
Committee on the Judiciary: Committee concluded a hearing to examine the nominations of Adalberto Jose Jordan, of Florida, to be United States Circuit Judge for the Eleventh Circuit, who was introduced by Senators Nelson (FL) and Rubio, John M. Gerrard, to be United States District Judge for the District of Nebraska, who was introduced by Senators Nelson (NE) and Johanns, Mary Elizabeth Phillips, to be United States District Judge for the Western District of Missouri, who was introduced by Senator McCaskill, Thomas Owen Rice, to be United States District Judge for the Eastern District of Washington, who was introduced by Senator Klobuchar, and David Nuffer, to be United States District Judge for the District of Utah, who was introduced by Senators Hatch and Lee, after the nominees testified and answered questions in their own behalf.
Select Committee on Intelligence: Committee held closed hearings on intelligence matters, receiving testimony from officials of the intelligence community.
Committee recessed subject to the call.
House of Representatives
Reports Filed: Reports were filed today as follows:
H. Res. 405, providing for consideration of the Senate amendment to the bill (H.R. 2608) to provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes (H. Rept. 112–212) and
H. Res. 406, providing for consideration of the bill (H.R. 2401) to require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, and for other purposes (H. Rept. 112–213).
Speaker: Read a letter from the Speaker wherein he appointed Representative Harris to act as Speaker pro tempore for today.
Recess: The House recessed at 12:25 p.m. and reconvened at 2 p.m.
Committee Resignation: Read a letter from Representative Wasserman Schultz, wherein she resigned from the Committee on the Judiciary.
Recess: The House recessed at 2:25 p.m. and reconvened at 3:33 p.m.
Recess: The House recessed at 3:48 p.m. and reconvened at 3:54 p.m.
Suspensions: The House agreed to suspend the rules and pass the following measures:
United States Parole Commission Extension Act of 2011: H.R. 2944, to provide for the continued performance of the functions of the United States Parole Commission, by a \2/3\ yea-and-nay vote of 415 yeas with none voting ``nay'', Roll No. 712;
Pages H6243–44, H6255–56
Death in Custody Reporting Act of 2011: H.R. 2189, to encourage States to report to the Attorney General certain information regarding the deaths of individuals in the custody of law enforcement agencies, by a \2/3\ yea-and-nay vote of 398 yeas to 18 nays, Roll No. 713;
Pages H6244–46, H6256–57
Veterans Health Care Facilities Capital Improvement Act of 2011: H.R. 2646, amended, to authorize certain Department of Veterans Affairs major medical facility projects and leases, to extend certain expiring provisions of law, and to modify certain authorities of the Secretary of Veterans Affairs, by a \2/3\ yea-and-nay note of 412 yeas to 3 nays, Roll No. 714;
Pages H6246–49, H6257
Combating Autism Reauthorization Act of 2011: H.R. 2005, to reauthorize the Combating Autism Act of 2006; and
Children's Hospital GME Support Reauthorization Act of 2011: H.R. 1852, to amend the Public Health Service Act to reauthorize support for graduate medical education programs in children's hospitals.
Recess: The House recessed at 4:27 p.m. and reconvened at 6:30 p.m.
Senate Messages: Messages received from the Senate by the Clerk and subsequently presented to the House today appear on pages H6243.
Adjournment: The House met at 12 noon and adjourned at 9:05 p.m.
CHALLENGES TO DOING BUSINESS WITH THE DEPARTMENT OF DEFENSE
Committee on Armed Services: Panel on Business Challenges with the Defense Industry held a hearing on challenges to doing business with the Department of Defense. Testimony was heard from public witnesses.
Committee on Energy and Commerce: Full Committee began markup of the following: H.R. 2250, the ``EPA Regulatory Relief Act of 2011''; H.R. 2681, the ``Cement Sector Regulatory Relief Act of 2011''; and H.R. 2937, the ``Pipeline Infrastructure and Community Protection Act of 2011.'' This markup will continue on September 21, 10 a.m., 2123 Rayburn.
HUMAN RIGHTS IN NORTH KOREA
Committee on Foreign Affairs: Subcommittee on Africa, Global Health, and Human Rights held a hearing entitled ``Human Rights in North Korea: Challenges and Opportunities.'' Testimony was heard from public witnesses.
PROPOSED MERGER BETWEEN EXPRESS SCRIPTS AND MEDCO
Committee on the Judiciary: Subcommittee on Intellectual Property, Competition, and the Internet held a hearing entitled ``The Proposed Merger between Express Scripts and Medco.'' Testimony was heard from public witnesses.
TRANSPARENCY IN REGULATORY ANALYSIS OF IMPACTS ON THE NATION (TRAIN) ACT OF 2011
Committee on Rules: Full Committee held a hearing on H.R. 2401, the ``Transparency in Regulatory Analysis of Impacts on the Nation (TRAIN) Act of 2011.'' The Committee granted, by voice vote, a structured rule providing two hours of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce. The rule waives all points of order against consideration of the bill. The rule provides that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce shall be considered as an original bill for the purpose of amendment and shall be considered as read. The rule waives all points of order against the committee amendment in the nature of a substitute. The rule makes in order only those amendments printed in the Rules Committee report accompanying the resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question. The rule waives all points of order against the amendments printed in the report. Finally, the rule provides one motion to recommit with or without instructions.
Testimony was heard from Rep. Whitfield; Rep. Rush; Rep. Hastings of Florida; and Rep. Richardson.
BUSINESS PROGRAM EXTENSION AND REFORM ACT OF 2011 (CONTINUING APPROPRIATIONS ACT, 2012)
Committee on Rules: Full Committee held a hearing on H.R. 2608, the ``Small Business Program Extension and Reform Act of 2011'' (Continuing Appropriations Act). The Committee granted, by record vote of 7 to 2, a resolution providing for the consideration of the Senate amendment to H.R. 2608. The rule makes in order a motion by the chair of the Committee on Appropriations that the House concur in the Senate amendment with the amendment printed in the Rules Committee report accompanying the resolution. The rule waives all points of order against consideration of the motion. The rule provides that the Senate amendment and the motion shall be considered as read. The rule provides one hour of debate on the motion equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. Finally, the rule provides that H. Res. 399 is laid on the table.
Joint Economic Committee: Committee concluded a hearing to examine the debt limit, after receiving testimony from Allan H. Meltzer, Carnegie Mellon University, Pittsburgh, Pennsylvania; Chris Edwards, Cato Institute, Washington, D.C.; and Laurence Ball, Johns Hopkins University, Baltimore, Maryland.
Committee on Appropriations: business meeting to markup proposed budget estimates for fiscal year 2012 for Transportation, Housing and Urban Development, and Related Agencies, Department of State, Foreign Operations, and Related Programs, and Labor, Health and Human Services, Education, and Related Agencies, 3 p.m., SD–106.
Committee on Energy and Natural Resources: Subcommittee on National Parks, to hold hearings to examine a recently released report by the National Park Service, focusing on ``A Call to Action Preparing for a Second Century of Stewardship and Engagement'', 2:30 p.m., SD–366.
Committee on Environment and Public Works: business meeting to consider S. 97, to amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay, S. 893, to authorize the Secretary of the Interior to provide financial assistance to the State of Louisiana for a pilot program to develop measures to eradicate or control feral swine and to assess and restore wetlands damaged by feral swine, S. 1400, to restore the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of Gulf Coast States, to create jobs and revive the economic health of communities adversely affected by the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon, the nomination of Kenneth J. Kopocis, of Virginia, to be an Assistant Administrator of the Environmental Protection Agency, and proposed resolutions relating to the General Services Administration, 10 a.m., SD–406.
Committee on Finance: to hold hearings to examine dually-eligible beneficiaries, focusing on improving care while lowering costs, 10 a.m., SD–215.
Committee on Foreign Relations: to hold hearings to examine the nominations of Robert A. Mandell, of Florida, to be Ambassador to Luxembourg, Thomas Charles Krajeski, of Virginia, to be Ambassador to the Kingdom of Bahrain, Dan W. Mozena, of Iowa, to be Ambassador to the People's Republic of Bangladesh, and Michael A. Hammer, of the District of Columbia, to be Assistant Secretary for Public Affairs, all of the Department of State, 10 a.m., SD–419.
Committee on Homeland Security and Governmental Affairs: business meeting to resume consideration of S. 1546, to authorize certain programs of the Department of Homeland Security, 10 a.m., SD–342.
Full Committee, to hold hearings to examine transforming wartime contracting, focusing on recommendations of the Commission on Wartime Contracting, 2:30 p.m., SD–342.
Committee on the Judiciary: Subcommittee on Crime and Terrorism, to hold hearings to examine countering terrorist financing, focusing on progress and priorities, 11 a.m., SD–226.
Subcommittee on Antitrust, Competition Policy and Consumer Rights, to hold hearings to examine Google, focusing on consumers and competition, 2 p.m., SD–226.
Committee on Veterans' Affairs: to hold joint hearings to examine the legislative presentation of The American Legion, 10 a.m., SDG–50.
Committee on Armed Services: Subcommittee on Readiness, hearing on Army Reserve, Army National Guard and Air National Guard readiness, training and operations, 1 p.m., 2212 Rayburn.
Committee on the Budget: Full Committee, hearing entitled ``The Broken Budget Process: Perspectives from Former CBO Directors.'' 10 a.m., 210 Cannon.
Committee on Education and the Workforce: Subcommittee on Early Childhood, Elementary, and Secondary Education, hearing entitled ``Education Reforms: Ensuring the Education System Is Accountable to Parents and Communities.'' 10 a.m., 2175 Rayburn.
Committee on Energy and Commerce: Full Committee, continue markup of the following: H.R. 2250, the ``EPA Regulatory Relief Act of 2011''; H.R. 2681, the ``Cement Sector Regulatory Relief Act of 2011''; and H.R. 2937, the ``Pipeline Infrastructure and Community Protection Act of 2011.'' 10 a.m., 2123 Rayburn.
Committee on Financial Services: Subcommittee on Capital Markets and Government Sponsored Enterprises, hearing entitled ``Legislative Proposals To Facilitate Small Business Capital Formation and Job Creation.'' 10 a.m., 2128 Rayburn.
Subcommittee on International Monetary Policy and Trade, hearing entitled ``The Impact of the World Bank and Multi-Lateral Development Banks on National Security.'' 2 p.m., 2128 Rayburn.
Committee on Foreign Affairs: Full Committee, markup of the following: H.R. 2699, to establish policies and procedures in the Peace Corps to provide for the safety and security of volunteers from rape and sexual assault, and for other purposes; and H.R. 2337, to amend the Peace Corps Act to require sexual assault risk-reduction and response training, the development of sexual assault protocol and guidelines, the establishment of victims advocates, the establishment of a Sexual Assault Advisory Council, and for other purposes. 10 a.m., 2172 Rayburn.
Subcommittee on Asia and the Pacific, hearing entitled ``China's Monopoly on Rare Earths: Implications for U.S. Foreign and Security Policy.'' 1 p.m., 2172 Rayburn.
Committee on Homeland Security: Full Committee, markup of the following: H. Res. 255, expressing the sense of the House of Representatives that effective sharing of passenger information from inbound international flight manifests is a crucial component of our national security and that the Department of Homeland Security must maintain the information sharing standards required under the 2007 Passenger Name Record Agreement between the United States and the European Union; H.R. 915, the ``Jaime Zapata Border Enforcement Security Task Force Act''; H.R. 1165, the ``Transportation Security Administration Ombudsman Act of 2011''; H.R. 1299, the ``Secure Border Act of 2011''; H.R. 1447, the ``Aviation Security Stakeholder Participation Act of 2011''; and H.R. 1801, the ``Risk-Based Security Screening for Members of The Armed Forces Act''. 10 a.m., 311 Cannon.
Committee on the Judiciary: Full Committee, continued markup of the following: H.R. 2885, the ``Legal Workforce Act''; and H.R. 2847, the ``American Specialty Agriculture Act.'' 10:15 a.m., 2141 Rayburn.
Committee on Natural Resources: Full Committee, hearing entitled ``ANWR: Jobs, Energy and Deficit Reduction.'' 10 a.m., 1324 Longworth.
Committee on Oversight and Government Reform: Subcommittee on Technology, Information Policy, Intergovernmental Relations and Procurement Reform, will hold a business meeting, 9:30 a.m., 2154 Rayburn.
Subcommittee on Health Care, District of Columbia, Census and the National Archives, hearing entitled ``Examining Abuses of Medicaid Eligibility Rules.'' 10 a.m., 2247 Rayburn.
Subcommittee on Federal Workforce, U.S. Postal Service and Labor Policy, will hold a business meeting, 1:30 p.m., 2154 Rayburn.
Committee on Science, Space, and Technology: Subcommittee on Technology and Innovation, hearing entitled ``The Next IT Revolution? Cloud Computing Opportunities and Challenges.'' 10 a.m., 2318 Rayburn.
Subcommittee on Research and Science Education, hearing entitled ``Oversight of the Networking and Information Technology Research and Development Program and Priorities for the Future.'' 2 p.m., 2318 Rayburn.
Committee on Small Business: Full Committee, hearing entitled ``Eliminating Job-Sapping Federal Rules through Retrospective Reviews--Oversight of the President's Efforts.'' 1 p.m., 2360 Rayburn.
Committee on Transportation and Infrastructure: Subcommittee on Water Resources and Environment, hearing entitled ``The Economic Importance and Financial Challenges of Recapitalizing the Nation's Inland Waterways Transportation System.'' 10 a.m., 2167 Rayburn.
Committee on Ways and Means: Full Committee, hearing to review and examine the variety of economic models used by the Joint Committee on Taxation (JCT) to analyze and score tax reform legislation, 10 a.m., 1100 Longworth.
Full Committee, hearing to examine certain expiring Medicare provider payment provisions, 2 p.m., 1100 Longworth.
Joint Economic Committee: to hold hearings to examine manufacturing in the United States of America, focusing on how United States trade policy offshores jobs, 2 p.m., SH–216.
Program for Wednesday: After the transaction of any morning business (not to extend beyond one hour), Senate will continue consideration of H.R. 2832, Generalized System of Preferences Act, and vote on or in relation to Hatch Amendment No. 641, and McCain Amendment No. 625 at 12:30 p.m.
Program for Wednesday: Consideration of the Senate amendment to H.R. 2608--Small Business Program Extension and Reform Act of 2011 (Subject to a Rule). Consideration of the following suspensions: 1) S. Con. Res. 28--A concurrent resolution authorizing the use of Emancipation Hall in the Capitol Visitor Center for an event to award the Congressional Gold Medal, collectively, to the 100th Infantry Battalion, 442nd Regimental Combat Team, and the Military Intelligence Service, United States Army, in recognition of their dedicated service during World War II; 2) S. 846--To designate the United States courthouse located at 80 Lafayette Street in Jefferson City, Missouri, as the Christopher S. Bond United States Courthouse; 3) H.R. 2943--Temporary Assistance for Needy Families Extension; and 4) H.R. 2883--Child and Family Services Improvement and Innovation Act.
Alexander, Rodney, La., E1659
Andrews, Robert E., N.J., E1663
Blumenauer, Earl, Ore., E1666
Bonner, Jo, Ala., E1664
Boren, Dan, Okla., E1657
Carnahan, Russ, Mo., E1659
Coffman, Mike, Colo., E1662
Cohen, Steve, Tenn., E1664
Costa, Jim, Calif., E1659
Denham, Jeff, Calif., E1668
Duffy, Sean P., Wisc., E1664
Fattah, Chaka, Pa., E1664
Foxx, Virginia, N.C., E1667
Graves, Sam, Mo., E1657
Hoyer, Steny H., Md., E1660
Inslee, Jay, Wash., E1663
Johnson, Henry C. ``Hank'', Jr., Ga., E1663
Latham, Tom, Iowa, E1657
Long, Billy, Mo., E1668
Lungren, Daniel E., Calif., E1660
McCollum, Betty, Minn., E1663
McIntyre, Mike, N.C., E1666
Moore, Gwen, Wisc., E1661
Nadler, Jerrold, N.Y., E1662
Pascrell, Bill, Jr., N.J., E1662
Poe, Ted, Tex., E1667
Sanchez, Loretta, Calif., E1663
Shuler, Heath, N.C., E1662
Simpson, Michael K., Idaho, E1661
Westmoreland, Lynn A., Ga., E1661
Wilson, Joe, S.C., E1668
Woolsey, Lynn C., Calif., E1660