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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, SECOND SESSION

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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, SECOND SESSION E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION SENATE—Monday, June 23, 2008 The Senate met at 3 p.m. and was Mr. AKAKA thereupon assumed the AMERICAN HOUSING RESCUE AND called to order by the Honorable DAN- chair as Acting President pro tempore. FORECLOSURE PREVENTION ACT IEL K. AKAKA, a Senator from the State OF 2008 of Hawaii. f The ACTING PRESIDENT pro tem- pore. Under the previous order, the PRAYER RECOGNITION OF THE MAJORITY Senate will resume consideration of LEADER The Chaplain, Dr. Barry C. Black, of- the House message to accompany H.R. fered the following prayer: The ACTING PRESIDENT pro tem- 3221, which the clerk will report. Let us pray. pore. The majority leader is recog- The legislative clerk read as follows: O God, our Father, when we are far nized. from You, we are unhappy. Remove A message from the House of Representa- tives to accompany H.R. 3221, an act to pro- from our lives anything that would f vide needed housing reform and for other keep us from being close to You. purposes. Today, may our Senators feel Your SCHEDULE Pending: presence and abide in Your wisdom. Provide them with solutions to prob- Mr. REID. Mr. President, following Reid (for Dodd/Shelby) amendment No. 4983 the remarks, if any, from the two lead- (to the House amendment striking section 1 lems that have eluded the powers of through title V and inserting certain lan- human reason. Lord, make Your pur- ers, the Senate will resume consider- ation of the House message to accom- guage to the Senate amendment to the bill), poses clear to them so that they may of a perfecting nature. run and not be weary. As they sur- pany H.R. 3221, the housing reform leg- Bond amendment No. 4987 (to amendment render themselves more completely to islation. As has been announced ear- No. 4983), to enhance mortgage loan disclo- You, let the light of Your peace shine lier, there will be no rollcall votes sure requirements with additional safeguards in their hearts. Make their thoughts today. The next vote will occur tomor- for adjustable rate mortgages with an initial and feelings what they ought to be as row morning around 11 a.m. That vote fixed rate and loans that contain prepay- they strive to live worthy of Your love. will be on a motion to invoke cloture ment penalty. on the Dodd-Shelby substitute with re- Dole amendment No. 4984 (to amendment Lord, watch over them and their loved No. 4983), to improve the regulation of ap- ones, both now and in the years to spect to the housing reform legislation. praisal standards. come. Senators will have until 11:30 a.m. to- Sununu amendment No. 4999 (to amend- We pray in Your loving Name. Amen. morrow to file amendments to the sub- ment No. 4983), to amend the U.S. Housing f stitute. Act of 1937 to exempt qualified public hous- This week, we expect to turn to the ing agencies from the requirement of pre- PLEDGE OF ALLEGIANCE consideration of the emergency supple- paring an annual public housing agency plan. The Honorable DANIEL K. AKAKA led mental appropriations bill and the Kohl amendment No. 4988 (to amendment the Pledge of Allegiance, as follows: No. 4983), to protect the property and secu- FISA legislation, and, of course, we rity of homeowners who are subject to fore- I pledge allegiance to the Flag of the need to consider moving to the Medi- closure proceedings. United States of America, and to the Repub- care Improvements for Patients and The ACTING PRESIDENT pro tem- lic for which it stands, one nation under God, Providers Act that Senators BAUCUS indivisible, with liberty and justice for all. pore. The majority leader is recog- and GRASSLEY are negotiating. nized. f Mr. President, in short, we have f APPOINTMENT OF ACTING FISA, the supplemental, housing, and PRESIDENT PRO TEMPORE Medicare that we need to focus on. FISA AMENDMENTS ACT OF 2008— The PRESIDING OFFICER. The When we finish those this week, I think MOTION TO PROCEED clerk will please read a communication there will be an opportunity for us to Mr. REID. Mr. President, I now move to the Senate from the President pro leave. We do have to vote on a number to proceed to Calendar No. 827, H.R. tempore (Mr. BYRD). of judges whom we have indicated we 6304, the Foreign Intelligence Surveil- The legislative clerk read the fol- would vote on, and we are going to try lance Act. lowing letter: to do those tomorrow afternoon. We The ACTING PRESIDENT pro tem- U.S. SENATE, think that can be accomplished. Right pore. The motion is debatable. PRESIDENT PRO TEMPORE, after the caucus, we can start voting CLOTURE MOTION Washington, DC, June 23, 2008. on those judges. Mr. REID. Mr. President, I send to To the Senate: the desk a cloture motion. Under the provisions of rule I, paragraph 3, f The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby pore. The clerk will report. appoint the Honorable DANIEL K. AKAKA, a RESERVATION OF LEADER TIME Senator from the State of Hawaii, to perform The legislative clerk read as follows: the duties of the Chair. The ACTING PRESIDENT pro tem- CLOTURE MOTION ROBERT C. BYRD, pore. Under the previous order, the We, the undersigned Senators, in accord- President pro tempore. leadership time is reserved. ance with the provisions of Rule XXII of the ● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a member of the Senate on the floor. 13307 VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00003 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13308 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 June 23, 2008 Standing Rules of the Senate, hereby move seen great stress laid upon the provi- ments as an example of executive au- to bring to a close the debate on the motion sion in the House measure that the ex- thority. to proceed to Calendar No. 827, H.R. 6304, the clusive means for wiretapping will be Second, the Supreme Court review of FISA Amendments Act of 2008. provided by the statute. But that does the Terrorist Surveillance Program Sheldon Whitehouse, Patty Murray, Max and habeas corpus has been inadequate. Baucus, Tim Johnson, Ken Salazar, not stop the President from asserting Barbara A. Mikulski, John D. Rocke- his authority under article II of the In the Detroit case, the Federal court feller, IV, Herb Kohl, Robert P. Casey, Constitution. finding the Terrorist Surveillance Pro- Jr., Daniel K. Inouye, Mary Landrieu, The Foreign Intelligence Surveil- gram unconstitutional was appealed to Blanche L. Lincoln, Mark L. Pryor, lance Act of 1978 has a similar provi- the Sixth Circuit. After lengthy delays, Dianne Feinstein, Thomas R. Carper, sion of exclusivity, but that did not the Sixth Circuit reversed the Detroit Joseph Lieberman, Claire McCaskill. stop the President from initiating the Federal court on the grounds of lack of Mr. REID. Mr. President, I suggest Terrorist Surveillance Program which standing. Then, again, after months of the absence of a quorum. was kept secret for years from the Con- delay, the case went to the Supreme The ACTING PRESIDENT pro tem- gress. The President has a sound con- Court of the United States which, pore. The clerk will call the roll. stitutional argument that you cannot again, denied certiorari. The legislative clerk proceeded to amend the Constitution by statute; The issue of standing has sufficient call the roll. you cannot take away the President’s flexibility, as demonstrated by the dis- The ACTING PRESIDENT pro tem- constitutional authority by a statute, sent in the Sixth Circuit, that the Su- pore. The Senator from Pennsylvania but it is up to the courts to strike the preme Court could have taken up the is recognized. balance and to make that determina- issue. The question on the Terrorist Mr. SPECTER. Mr. President, I ask tion. Surveillance Program presents the unanimous consent that further pro- Regrettably, Congress and the efforts sharpest conflict of our era on the ceedings under the quorum call be re- which we have made have, I submit, clash between the President’s author- scinded. been totally insufficient. We have had ity under article II as Commander in The ACTING PRESIDENT pro tem- the so-called signing statements as an Chief and the authority of Congress to pore. Without objection, it is so or- expansion of executive authority, and enact statutes, as we did under the dered. Congress has been unable to assert its Foreign Intelligence Surveillance Act Mr. SPECTER. Mr. President, I have authority under the Constitution on of 1978. sought recognition to address the the legislation we send to the Presi- Similarly, on habeas corpus, notwith- issues on legislation which is coming dent. The Constitution is plain. Each standing the Rasul decision, the Court of Appeals for the District of Columbia from the House of Representatives House passes legislation. There is a in Boumediene essentially disregarded amending the Foreign Intelligence Sur- conference report, and it is sent to the the holding of the Supreme Court in veillance Act. President and presented. Then the Rasul when the Circuit Court for the The issues on which the Senate will President has the option of either sign- District of Columbia said the decision vote on the House bill involve very fun- ing or vetoing.
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