[Congressional Record Volume 155, Number 56 (Thursday, April 2, 2009)]
[Daily Digest]
[Pages D396-D403]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                            Thursday, April 2, 2009

[[Page D396]]

                              Daily Digest


HIGHLIGHTS

      Senate agreed to S. Con. Res. 13, Budget Resolution.
      Senate agreed to H. Con. Res. 93, Adjournment Resolution.


                                 Senate


Chamber Action
Routine Proceedings, pages S4331-S4403
Measures Introduced: Forty-eight bills and six resolutions were 
introduced, as follows: S. 781-828, S. Res. 98-103, and S. Con. Res. 
17.                                                      
  Pages S4309-11
Measures Reported:
  S. 454, to improve the organization and procedures of the Department 
of Defense for the acquisition of major weapon systems, with an 
amendment in the nature of a substitute.
  S. 515, to amend title 35, United States Code, to provide for patent 
reform, with amendments.
  S. Con. Res. 11, condemning all forms of anti-Semitism and 
reaffirming the support of Congress for the mandate of the Special 
Envoy to Monitor and Combat Anti-Semitism, with amendments. 
                                                             Page S4309
Measures Passed:
  Budget Resolution: By 55 yeas to 43 nays (Vote No. 154), Senate 
agreed to S. Con. Res. 13, setting forth the congressional budget for 
the United States Government for fiscal year 2010, revising the 
appropriate budgetary levels for fiscal year 2009, and setting forth 
the appropriate budgetary levels for fiscal years 2011 through 2014, as 
amended, after taking action on the following amendments proposed 
thereto:                                                 
  Pages S4233-93
Adopted:
  By 96 yeas to 2 nays (Vote No. 130), Dodd/Shelby Modified Amendment 
No. 913, to provide for enhanced oversight of the Board of Governors of 
the Federal Reserve System concerning the use of emergency economic 
assistance.                                       
Pages S4249-50, S4277
  By 59 yeas to 39 nays (Vote No. 131), Sanders Modified Amendment No. 
875, to require information from the Board of Governors of the Federal 
Reserve System about the use of emergency economic assistance. 
                                     Pages S4245-46, S425053,  S4277-78
  Conrad (for Bennett/Hatch) Amendment No. 759, to prohibit changing 
current tax laws for charitable contribution tax deductions to pay for 
modernizing the health care system.                          
Page S4254
  Conrad (for Bennet/Roberts) Amendment No. 799, to establish a 
deficit-neutral reserve fund to address the systemic inequities of 
Medicare and Medicaid reimbursement that lead to access problems in 
rural areas, including access to primary care and outpatient services, 
hospitals, and an adequate supply of providers in the workforce. 
                                                             Page S4254
  Conrad (for Casey/Stabenow) Amendment No. 755, to establish a 
deficit-neutral reserve fund to provide for accelerated carbon capture 
and storage and advanced clean coal power generation research, 
development, demonstration, and deployment.                  
Page S4254
  Conrad (for Brown) Amendment No. 808, to provide for legislation that 
removes Social Security numbers from Medicare cards and to pay for such 
legislation by reducing waste, fraud, and abuse in other federal 
programs.                                                    
Page S4254
  By 56 yeas to 42 nays (Vote No. 133), Reed Amendment No. 949, to 
provide for the expenditure of the remaining Troubled Asset Relief 
Program funds for the benefit of consumers.              
Pages S4254-55
  Conrad (for Coburn) Amendment No. 892, to end bonuses awarded to 
contractors and government executives responsible for over budget 
projects and programs that fail to meet basic performance requirements.
                                                             Page S4256
  Conrad (for Coburn) Amendment No. 893, to support President Obama in 
his effort to go line by line through the Federal Budget in order to 
help him eliminate wasteful, inefficient, and duplicative programs. 
                                                         Pages S4256-57
  By 65 yeas to 33 nays (Vote No. 135), Graham Amendment No. 910, to 
protect middle-income taxpayers from a national energy tax. 
                                                             Page S4257

[[Page D397]]


  Conrad (for Menendez) Amendment No. 921, to establish a deficit-
neutral reserve fund for the Violence Against Women Act (VAWA) and the 
Family Violence Prevention and Services Act (FVPSA), and other related 
programs.                                                    
                                                             Page S4258
  Conrad (for Coburn) Amendment No. 895, to provide a deficit-neutral 
reserve fund to end abusive no-bid contracts by requiring all Federal 
contracts over $25,000 to be competitively bid.              
                                                             Page S4258
  Conrad (for Murray) Amendment No. 880, to create a deficit-neutral 
reserve fund for legislation to enable States to establish or expand 
quality programs of early childhood home visitation.     
                                                         Pages S4258-59
  Conrad (for Barrasso) Amendment No. 788, to fund the account 
Hazardous Fuel Reduction on Federal Lands (within Function 300) at the 
level authorized in the Healthy Forests Restoration Act of 2003. 
                                                     Pages S4259, S4261
  Hutchison Amendment No. 866, to provide a point of order against 
legislation that has the effect of imposing a greater tax liability on 
taxpayers who are married than if such taxpayers had filed individual 
tax returns.                                             
                                                         Pages S4259-60
  Brownback Modified Amendment No. 840, to provide funds for a 
Commission on Budgetary Accountability and Review of Federal Agencies. 
                                                             Page S4260
  By 89 yeas to 9 nays (Vote No. 137), Boxer/Ensign Modified Amendment 
No. 953, to add a deficit-neutral reserve fund for the 21st Century 
Community Learning Centers afterschool program.      
                                                     Pages S4260, S4261
  Snowe Amendment No. 773, to provide for a deficit-neutral reserve 
fund to provide for the extension of the top individual tax rates for 
small businesses after 2010.                                 
Page S4261
  Conrad (for Boxer) Amendment No. 816, to provide access to 
affordable, quality child care for middle class families by making 
improvements in the employer-provided child care credit and the 
dependent care tax credit.                               
Pages S4261-62
  Conrad (for Bennett) Amendment No. 885, to establish a deficit-
neutral reserve fund to cover the full cost of pension obligations for 
employees of laboratories and environmental cleanup sites under the 
jurisdiction of the Department of Energy.                
Pages S4261-62
  Conrad (for Dodd) Amendment No. 872, to add a deficit-neutral reserve 
fund for provisions of critical resources to firefighters and fire 
departments.                                             
Pages S4261-63
  Conrad (for Collins/Bingaman) Amendment No. 827, to modify the 
provision relating to the deficit-neutral reserve fund for clean energy 
legislation to include industrial energy efficiency programs. 
                                                         Pages S4261-62
  Conrad (for Carper) Amendment No. 764, to establish a deficit-
reduction reserve fund for the elimination and recovery of improper 
payments.                                                
Pages S4261-62
  Conrad (for Pryor) Amendment No. 795, to modify a deficit neutral 
reserve fund to ensure improvement of infrastructure related to flood 
control.                                                 
Pages S4261-62
  Conrad (for Bunning) Amendment No. 817, to provide a deficit-neutral 
reserve fund for the repeal of the 1993 increase in the income tax and 
social security benefits.                                
Pages S4261-62
  Conrad (for Dorgan) Amendment No. 837, to increase funding for organ 
transplantation and organ donation activities at the Health Resources 
and Services Administration by $10 million in FY 2010.   
Pages S4261-62
  Conrad (for Bunning) Amendment No. 818, to provide for a deficit-
neutral reserve fund to provide for legislation to increase the amount 
of capital losses allowed to individuals.                
Pages S4261-62
  Conrad (for Landrieu/Grassley) Amendment No. 874, to provide a 
deficit-neutral reserve fund for foster care financing reform. 
                                                         Pages S4261-64
  Conrad (for Roberts) Amendment No. 839, to fully fund the small 
business child care grant program under section 8303 of the Small 
Business and Work Opportunity Act of 2007.               
Pages S4261-63
  Conrad (for Reed/Collins) Amendment No. 877, to ensure that the 
deficit-neutral reserve fund for higher education may be used for 
Leveraging Educational Assistance Partnership programs. 
                                                         Pages S4261-63
  Conrad (for Burr) Amendment No. 797, to develop biodefense medical 
countermeasures by fully funding the Biomedical Advanced Research and 
Development Authority (BARDA) in a fiscally responsible manner. 
                                                         Pages S4261-63
  Conrad (for Pryor) Amendment No. 802, to provide a deficit-neutral 
reserve fund for the Veterans Health Administration to ensure that the 
supply of appropriately prepared health care professionals is available 
to meet the needs of the Veterans Health Administration. 
                                                         Pages S4261-63
  Conrad (for Enzi/Barrasso) Amendment No. 826, to establish a deficit-
neutral reserve fund to repeal certain deductions from mineral revenue 
payments made to States.                                 
Pages S4261-63
  Reid Amendment No. 730, to establish a deficit-neutral reserve fund 
to permanently extend the deduction for state and local sales taxes. 
                                                             Page S4264
  By 94 yeas to 3 nays (Vote No. 138), Thune Amendment No. 803, to 
protect charitable giving by ensuring that organizations that provide 
important religious, educational, cultural, health care, and 
environmental services are not negatively impacted

[[Page D398]]

by changes to the Federal income tax deduction for charitable 
donations.                                                   
Page S4264
  Enzi Amendment No. 824, to protect taxpayers and businesses from the 
impact of tax increases imposed while the domestic economy is in 
crisis.                                                  
Pages S4264-65
  Inhofe Amendment No. 742, to provide for advance appropriations for 
medical care for veterans through the Department of Veterans Affairs. 
                                                             Page S4266
  Coburn Amendment No. 894, to provide a deficit-neutral reserve fund 
to set performance standards to identify failing Government programs. 
                                                             Page S4267
  By 73 yeas to 25 nays (Vote No. 141), Stabenow Amendment No. 879, to 
modify the authorization for climate change legislation.     
Page S4267
  By 54 yeas to 44 nays (Vote No. 142), Bond Amendment No. 926, to 
protect workers from significant job loss by providing a point of order 
against climate change or similar legislation that raises Federal 
revenues to such an extent that it causes significant job loss in 
manufacturing-or coal-dependent U.S. regions such as the Midwest, Great 
Plains or South.                                         
Pages S4268-69
  Conrad (for Klobuchar) Amendment No. 889, to establish a deficit-
neutral reserve fund to expedite research at the Department of Energy 
and the Environmental Protection Agency on the viability of the use of 
higher ethanol blends at the service station pump.           
Page S4270
  Conrad (for Dorgan/Snowe) Amendment No. 881, to provide for the use 
of the deficit-neutral reserve fund for tax relief to extend and expand 
the charitable IRA rollover.                         
Pages S4270, S4272
  Conrad (for Dodd/Hatch) Amendment No. 955, to increase funding for 
the Maternal and Child Health Block Grant within the Health Resources 
and Services Administration by $188 million in FY 2010.      
Page S4271
  Conrad (for Brown) Amendment No. 809, to modify the deficit-neutral 
reserve fund for Clean Energy to create jobs and strengthen American 
manufacturing competiveness by establishing clean renewable energy 
manufacturing supply chains.                                 
Page S4271
  Conrad (for Begich) Amendment No. 912, to include in deficit-neutral 
reserve fund for America's veterans and wounded servicemembers funding 
authority for retirement benefits for members of the Alaska Territorial 
Guard who served during and after World War II.              
Page S4271
  Conrad (for Pryor) Amendment No. 794, to establish deficit-neutral 
reserve funds to enhance and coordinate drug control efforts among 
Federal, State, and local law enforcement agencies through the 
expansion of the High Intensity Drug Trafficking Areas program and 
increased drug interdiction funding at the Department of Homeland 
Security.                                                    
Page S4271
  Conrad (for Lincoln/Snowe) Amendment No. 876, to ensure that health 
coverage is affordable to small businesses and individuals who are 
self-employed.                                           
Pages S4271-72
  Conrad (for Lincoln) Amendment No. 899, to provide for a deficit-
neutral reserve fund to promote individual savings and financial 
security.                                                
Pages S4271-72
  Conrad (for Collins/Lincoln) Amendment No. 883, to ensure that the 
deficit-neutral reserve fund for higher education may be used for 
Federal TRIO programs and Gaining Early Awareness and Readiness for 
Undergraduate Programs.                                      
Page S4271
  Conrad (for Hatch/Kennedy) Amendment No. 970, to establish a deficit-
neutral reserve fund to support the National Health Service Corps. 
                                                             Page S4271
  Conrad (for Enzi/Barrasso) Amendment No. 820, to establish a deficit-
neutral reserve fund to improve the animal health and disease program. 
                                                             Page S4271
  Conrad (for Klobuchar) Amendment No. 887, to establish a deficit-
neutral reserve fund to promote payment policies under the Medicare 
program that reward quality and efficient care and address geographic 
variations in spending.                                      
Page S4271
  Conrad (for McCaskill) Amendment No. 917, to expand the matters 
covered by the deficit-neutral reserve fund for defense acquisition and 
contracting reform.                                          
Page S4271
  Conrad (for Dorgan) Amendment No. 838, to ensure full funding for 
Adam Walsh Act programs, with an offset.                     
Page S4271
  Conrad (for Tester) Amendment No. 916, to increase funding for 
veterans beneficiary travel reimbursement mileage rate, with an offset.
                                                         Pages S4271-72
  Conrad (for Lautenberg) Amendment No. 957, to include funding for 
freight and passenger rail in the deficit-neutral reserve fund for 
investments in America's infrastructure.                 
Pages S4272-73
  Wicker Amendment No. 798, to ensure that law abiding Amtrak 
passengers are allowed to securely transport firearms in their checked 
baggage.                                                     
Page S4274
  Lieberman/Cornyn Amendment No. 904, to add a deficit-neutral reserve 
fund to reduce the strain on United States military personnel by 
providing for an increase in the end strength for active duty personnel 
of the United States Army.                               
Pages S4274-75
  Udall (CO) Amendment No. 746, to establish a deficit-neutral reserve 
fund for wildland fire management activities.                
Page S4275

[[Page D399]]


  By 51 yeas to 48 nays (Vote No. 146), Lincoln Amendment No. 873, to 
create a deficit-neutral reserve fund for estate tax relief. 
                                                         Pages S4275-77
  By 56 yeas to 43 nays (Vote No. 147), Durbin Modified Amendment No. 
974, to provide that no additional estate tax relief beyond that which 
is already assumed in this resolution, which protects over 99.7 percent 
of estates from the estate tax, shall be allowed under any deficit-
neutral reserve fund unless an equal amount of aggregate tax relief is 
also provided to Americans earning less than $100,000 per year. 
                                                             Page S4278
  Conrad (for Burr) Amendment No. 777, to provide that legislation that 
would provide authority to the Secretary of Veterans Affairs to recover 
from a private health insurer of a disabled veteran amounts paid for 
treatment of such disability is subject to a point of order in the 
Senate.                                                  
Pages S4278-79
  Conrad (for Hatch) Amendment No. 962, to ensure the continued safety 
of Americans against terrorist attack by Al Qaeda and other terrorist 
organizations by providing a point of order against any legislation 
that would weaken or eliminate critical terror fighting tools. 
                                                             Page S4279
  Conrad (for Dorgan) Amendment No. 946, to increase the budget 
authority for the Indian Health Service by an additional $200 million 
to obtain a total of $600 million increase over the FY 2009 enacted 
level.                                                   
Pages S4279-80
  Conrad (for Begich) Amendment No. 901, to express the sense of the 
Senate regarding the funding level for the Denali Commission. 
                                                             Page S4281
  Conrad (for Begich) Amendment No. 903, to modify the deficit-neutral 
reserve fund to invest in clean energy and preserve the environment to 
provide for additional funding for the conduct of arctic oil spill 
research.                                                   
Pages S4281
  Conrad (for Klobuchar) Amendment No. 886, to create a deficit-neutral 
reserve fund to improve the safety of the food supply in the United 
States.                                                      
Page S4281
  Conrad (for Alexander) Amendment No. 792, to modify the Deficit-
Neutral Reserve Fund for Higher Education, to maximize higher education 
access and affordability by ensuring that institutions of higher 
education and their students are able to continue to participate in a 
competitive student loan program, in order to maintain a comprehensive 
choice of student loan products and services.            
Pages S4281-82
  Conrad (for Crapo/Corker) Amendment No. 958, to provide for a 
deficit-neutral reserve fund to increase the borrowing authority of the 
Federal Deposit Insurance Corporation and the National Credit Union 
Administration.                                              
Page S4281
  Conrad (for Hatch/Wyden) Amendment No. 976, to establish a deficit-
neutral reserve fund to address our Nation's long-term fiscal problems.
                                                             Page S4281
  Conrad (for Hutchison) Amendment No. 867, to reduce U.S. dependence 
on foreign energy sources, minimize future gasoline price increases, 
and reduce the federal budget deficit through expanded oil and gas 
production on the Outer Continental Shelf.                   
Page S4281
  Conrad (for Enzi) Amendment No. 819, to reinstate the 60-vote point 
of order under section 425(a)(2) of the Congressional Budget Act of 
1974 for legislation that creates unfunded mandates on States and local 
governments.                                                 
Page S4281
  Conrad (for Barrasso/Crapo) Amendment No. 960, to increase amounts 
made available for the conduct of reviews under the National 
Environmental Policy Act of 1969.                            
Page S4281
  Conrad (for Barrasso) Amendment No. 890, to provide funding to enable 
certain individuals and entities to comply with the Endangered Species 
Act of 1973.                                                 
Page S4282
  Conrad (for Crapo) Amendment No. 733, to establish a deficit-neutral 
reserve fund for the innovative loan guarantee program of the 
Department of Energy.                                        
Page S4282
  Conrad (for Crapo) Amendment No. 734, to establish a deficit-neutral 
reserve fund for nuclear research and development.           
Page S4282
  Conrad (for Hatch) Amendment No. 939, to establish a deficit-neutral 
reserve fund for the 2012 completion of Food and Drug Administration 
facilities.                                                  
Page S4282
  Conrad (for Dodd/Hatch) Amendment No. 878, to increase funding for 
the Maternal and Child Health Block Grant within the Health Resources 
and Services Administration by $188,000,000 in fiscal year 2010. 
                                                             Page S4282
  Conrad (for Murkowski) Amendment No. 841, to increase funding for the 
National Health Service Corps.                               
Page S4282
  Conrad (for Barrasso) Modified Amendment No. 890, to provide funding 
for voluntary efforts to conserve endangered species and to enable 
certain individuals and entities to comply with the Endangered Species 
Act of 1973.                                                 
Page S4284
  Conrad (for Kyl/Lieberman) Modified Amendment No. 980, to deny 
funding for federal government expenditures to companies that are 
obtaining at least $1,000,000 in revenue from the sale of goods or 
services to or investment in Iran's energy sector, including, but not 
limited to: the exploration, development or exploitation of Iran's 
natural gas or crude oil fields; the import of refined petroleum 
products, including but not limited to liquefied natural gas

[[Page D400]]

and petroleum bi-products into Iran; the enhancement or maintenance of 
Iran's oil refineries; and assistance in the import and or export of 
energy products to or from Iran, including the provision of shipment, 
insurance, and reinsurance services.                         
Page S4284
  Conrad (for Coburn) Amendment No. 830, to provide for legislation 
that allows for a temporary suspension of the 10 percent tax penalty in 
order for struggling families to make an early withdrawal from their 
qualified retirement accounts to pay their monthly mortgage payments. 
                                                             Page S4284
  Conrad (for Barrasso) Amendment No. 765, to provide that the 
authorized climate change legislation decrease greenhouse gas emissions 
without regulating carbon dioxide, nitrogen oxide, water vapor, or 
methane emissions from biological processes associated with livestock 
production.                                                  
Page S4284
  Conrad (for Snowe/Landrieu) Amendment No. 940, to establish a 
deficit-neutral reserve fund to require a certain portion of funding 
for the Energy Star Program of the Environmental Protection Agency to 
be allocated to the Energy Star for Small Business Program. 
                                                         Pages S4284-85
  Conrad (for Thune/Lincoln) Modified Amendment No. 870, to provide for 
a total of $99,000,000 in COPS Hot Spots funding, as authorized in the 
Combat Meth Act.                                     
Pages S4284, S4287
  Conrad (for Brown) Amendment No. 810, to modify the deficit-neutral 
reserve fund for economic stabilization and growth to promote new 
employment opportunities that are critical to economic recovery by 
supporting workforce strategies that help workers seeking specialized 
training for emerging industries.                        
Pages S4284-85
  DeMint Amendment No. 963, to provide for a point of order against any 
legislation that eliminates the ability of Americans to keep their 
health plan or their choice of doctor.                       
Page S4286
  Vitter Amendment No. 751, to protect the more than 6 million 
Americans employed by the domestic oil and gas industry and to ensure 
low-cost energy for America's consumers, businesses, and families. 
                                                             Page S4288
Rejected:
  By 37 yeas to 60 nays (Vote No. 128), Ensign Amendment No. 805, to 
require certain higher-income beneficiaries enrolled in the Medicare 
prescription drug benefit to pay higher premiums, as is currently 
required for physicians' services and outpatient services, and as 
proposed in the budget of the United States Government most recently 
submitted by the President.                       
Pages S4233, S4247-49
  By 38 yeas to 60 nays (Vote No. 129), McCain Modified Amendment No. 
882, in the nature of a substitute.               
Pages S4233-45, S4249
  By 43 yeas to 55 nays (Vote No. 132), Johanns motion to commit the 
resolution to the Committee on the Budget, with instructions. 
                                                         Pages S4253-54
  By 28 yeas to 70 nays (Vote No. 134), Vitter Amendment No. 787, to 
end $272 billion in spending on bailouts under TARP and reduce record 
deficits and levels of debt.                             
Pages S4255-56
  By 37 yeas to 60 nays (Vote No. 136), Landrieu/Begich Modified 
Amendment No. 931, to establish a deficit-neutral fund for outer 
Continental Shelf oil and natural gas leasing revenues. 
                                               Pages S4246-47, S4257-58
  By 40 yeas to 58 nays (Vote No. 139), Grassley Amendment No. 950, to 
ensure that millions of middle-income families do not face an 
alternative minimum tax increase in 2013 and 2014 and that the budget 
resolution reflects that result.                         
Pages S4265-66
  By 31 yeas to 67 nays (Vote No. 140), Sanders Amendment No. 811, to 
provide for a deficit-neutral reserve fund to establish a national 
usury law.                                               
Pages S4266-67
  By 42 yeas to 56 nays (Vote No. 143), Bennett Modified Amendment No. 
954, to save the American taxpayer over $150,000,000,000 by adjusting 
spending levels beyond fiscal year 2010 to compensate for spending from 
the stimulus bill in the corresponding fiscal years.     
Pages S4269-70
  By 31 yeas to 66 nays (Vote No. 148), DeMint Amendment No. 965, to 
prevent taxpayer-funded bailouts for auto manufacturers. 
                                                         Pages S4280-81
  By 39 yeas to 58 nays (Vote No. 151), DeMint Amendment No. 964, to 
establish a deficit-neutral reserve fund to protect small and home 
businesses from the burdensome and impractical requirements of the 
Consumer Product Safety Improvement Act of 2008.         
Pages S4286-87
  By 41 yeas to 56 nays (Vote No. 152), Coburn Amendment No. 828, to 
protect the freedom of conscience for patients and the right of health 
care providers to serve patients without violating their moral and 
religious convictions.                                   
Pages S4287-88
  By 18 yeas to 79 nays (Vote No. 153), Vitter Amendment No. 937, to 
require States to implement drug testing programs for applicants for 
and recipients of assistance under the Temporary Assistance for Needy 
Families (TANF) program, which would encourage healthy, drug-free 
families instead of encouraging dependent behavior or on-going drug 
abuse.                                                   
Pages S4288-91
  During consideration of this measure today, Senate also took the 
following action:
  By 46 yeas to 52 nays (Vote No. 144), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive section 305 of the Congressional Budget Act

[[Page D401]]

of 1974 with respect to consideration of Cornyn Amendment No. 934, to 
increase transparency by requiring five days of public review of 
legislation before passage by the Senate. Subsequently, a point of 
order that the amendment was not germane to the provisions of the 
Budget Resolution was sustained, and the amendment thus fell. 
                                                             Page S4273
  By 63 yeas to 35 nays (Vote No. 145), three-fifths of those Senators 
duly chosen and sworn having voted in the affirmative, Senate agreed to 
the motion to waive section 305 of the Congressional Budget Act of 1974 
with respect to consideration of Wicker Amendment No. 798, to ensure 
that law abiding Amtrak passengers are allowed to securely transport 
firearms in their checked baggage. Thus, the point of order raised was 
rendered moot.                                               
Page S4274
  By 28 yeas to 69 nays (Vote No. 149), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive section 305 of the Congressional Budget Act 
of 1974 with respect to consideration of DeMint Amendment No. 967, to 
implement President Obama's earmark reforms. Subsequently, a point of 
order that the amendment was not germane to the provisions of the 
Budget Resolution was sustained, and the amendment thus fell. 
                                                         Pages S4283-84
  By 36 yeas to 61 nays (Vote No. 150), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive section 305 of the Congressional Budget Act 
of 1974 with respect to consideration of Sessions Amendment No. 969, to 
provide for a point of order against any appropriations bill that fails 
to fully fund the construction of the Southwest border fence. 
Subsequently, a point of order that the amendment was not germane to 
the provisions of the Budget Resolution was sustained, and the 
amendment thus fell.                                     
Pages S4285-86
  Fostering Connections to Success and Increasing Adoptions Act: 
Committee on Finance was discharged from further consideration of S. 
735, to ensure States receive adoption payments for fiscal year 2008 in 
accordance with the Fostering Connections to Success and Increasing 
Adoptions Act of 2008, and the bill was then passed.         
  Page S4397
  Fifth Summit of the Americas: Senate agreed to S. Res. 90, expressing 
the sense of the Senate regarding the Fifth Summit of the Americas, 
held in Port of Spain, Trinidad and Tobago, April 17, 18, and 19, 2009.
                                                         Pages S4397-98
  Tragic Events at Pinelake Health and Rehab Center: Senate agreed to 
S. Res. 101, expressing the sense of the Senate on the tragic events at 
the Pinelake Health and Rehab Center in Carthage, North Carolina on 
Sunday, March 29, 2009.                                      
  Page S4398
  Joint Committee on Printing and Joint Committee of Congress on the 
Library: Senate agreed to S. Res. 102, providing for members on the 
part of the Senate of the Joint Committee on Printing and the Joint 
Committee of Congress on the Library.                        
  Page S4398
  Authorizing Testimony and Document Production: Senate agreed to S. 
Res. 103, to authorize testimony and document production in Richard 
Bowen v. Department of the Navy (MSPB).                  
  Pages S4398-99
  Adjournment Resolution: Senate agreed to H. Con. Res. 93, providing 
for a conditional adjournment of the House of Representatives and a 
conditional recess or adjournment of the Senate.             
  Page S4399
Measures Considered:
Fraud Enforcement and Recovery Act--Cloture Agreement: Senate began 
consideration of the motion to proceed to consideration of S. 386, to 
improve enforcement of mortgage fraud, securities fraud, financial 
institution fraud, and other frauds related to federal assistance and 
relief programs, for the recovery of funds lost to these frauds. 
                                                             Page S4399
  A motion was entered to close further debate on the motion to proceed 
to consideration of 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, April 21, 2009.                            
Page S4399
  A unanimous-consent agreement was reached providing that Senate 
resume consideration of the motion to proceed to consideration of the 
bill at 2:00 p.m., on Monday, April 20, 2009.                
Page S4400
Authorizing Leadership To Make Appointments--Agreement: A unanimous-
consent agreement was reached providing that, notwithstanding the 
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 S4399
Authority for Committees--Agreement: A unanimous-consent agreement was 
reached providing that, notwithstanding an adjournment of the Senate, 
that Senate committees be authorized to file legislative and executive 
calendar business on Thursday, April 16, 2009 from 10:00 a.m. until 
12:00 noon.                                                  
  Page S4399

[[Page D402]]

Removal of Injunction of Secrecy: The injunction of secrecy was removed 
from the following treaty:
  Annex VI to the Protocol on Environmental Protection to the Antarctic 
Treaty (Treaty Doc. No. 111-2).
  The treaty was transmitted to the Senate today, considered as having 
been read for the first time, and referred, with accompanying papers, 
to the Committee on Foreign Relations and ordered to be printed. 
                                                             Page S4399
West-Breuer-Varney Nominations--Agreement: A unanimous-consent 
agreement was reached providing that at 5:30 p.m., on Monday, April 20, 
2009, Senate begin consideration of the nominations of Tony West, of 
California, to be an Assistant Attorney General, Lanny A. Breuer, of 
the District of Columbia, to be an Assistant Attorney General, and 
Christine Anne Varney, of the District of Columbia, to be an Assistant 
Attorney General, and vote on confirmation of the nominations; provided 
that prior to each vote, there be 2 minutes of debate, equally divided 
and controlled in the usual form; provided further, that each vote 
following the first be 10 minutes in duration.               
  Page S4400
Hill Nomination--Cloture Agreement: Senate began consideration of the 
nomination of Christopher R. Hill, of Rhode Island, to be Ambassador to 
the Republic of Iraq.                                        
  Page S4301
  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, and pursuant to the unanimous-consent agreement of 
Thursday, April 2, 2009, a vote on cloture will occur on Monday, April 
20, 2009, following the disposition of the nominations specified in a 
previous order for Monday, April 20, 2009, and that there be 20 minutes 
of debate, equally divided and controlled between the two Leaders, or 
their designees.                                             
Page S4301
Nominations Confirmed: Senate confirmed the following nominations:
  Timothy F. Geithner, of New York, to be United States Governor of the 
International Monetary Fund for a term of five years; United States 
Governor of the International Bank for Reconstruction and Development 
for a term of five years; United States Governor of the Inter-American 
Development Bank for a term of five years; United States Governor of 
the African Development Bank for a term of five years; United States 
Governor of the Asian Development Bank; United States Governor of the 
African Development Fund; United States Governor of the European Bank 
for Reconstruction and Development.
  Jane Holl Lute, of New York, to be Deputy Secretary of Homeland 
Security.
  Karen Gordon Mills, of Maine, to be Administrator of the Small 
Business Administration.
  John Berry, of the District of Columbia, to be Director of the Office 
of Personnel Management for a term of four years.
  James N. Miller, Jr., of Virginia, to be Deputy Under Secretary of 
Defense for Policy.
  Richard Rahul Verma, of Maryland, to be an Assistant Secretary of 
State (Legislative Affairs).
  Esther Brimmer, of the District of Columbia, to be an Assistant 
Secretary of State (International Organization Affairs).
  Karl Winfrid Eikenberry, of Florida, to be Ambassador to the Islamic 
Republic of Afghanistan.
  Melanne Verveer, of the District of Columbia, to be Ambassador at 
Large for Women's Global Issues.
  W. Scott Gould, of the District of Columbia, to be Deputy Secretary 
of Veterans Affairs.
  Alexander Vershbow, of the District of Columbia, to be an Assistant 
Secretary of Defense.
  Rose Eilene Gottemoeller, of Virginia, to be an Assistant Secretary 
of State (Verification and Compliance).
  James W. Miller, of Virginia, to be Under Secretary of Agriculture 
for Farm and Foreign Agricultural Services.
  (Prior to this action, Committee on Agriculture, Nutrition, and 
Forestry was discharged from further consideration.)
  Kathleen A. Merrigan, of Massachusetts, to be Deputy Secretary of 
Agriculture.
  (Prior to this action, Committee on Agriculture, Nutrition, and 
Forestry was discharged from further consideration.)
  Joe Leonard, Jr., of the District of Columbia, to be an Assistant 
Secretary of Agriculture.
  (Prior to this action, Committee on Agriculture, Nutrition, and 
Forestry was discharged from further consideration.)
  22 Air Force nominations in the rank of general.
  5 Army nominations in the rank of general.
  2 Marine Corps nominations in the rank of general.
  Routine lists in the Air Force, Army, Marine Corps, and Navy. 
                                                         Pages S4401-03
Nominations Received: Senate received the following nominations:
  Andre M. Davis, of Maryland, to be United States Circuit Judge for 
the Fourth Circuit.
  Gerard E. Lynch, of New York, to be United States Circuit Judge for 
the Second Circuit.
  Krysta Harden, of Virginia, to be an Assistant Secretary of 
Agriculture.
  Jo-Ellen Darcy, of Maryland, to be an Assistant Secretary of the 
Army.

[[Page D403]]


  Scott Blake Harris, of Virginia, to be General Counsel of the 
Department of Energy.
  Timothy W. Manning, of New Mexico, to be Deputy Administrator for 
National Preparedness, Federal Emergency Management Agency, Department 
of Homeland Security.
  John U. Sepulveda, of Virginia, to be an Assistant Secretary of 
Veterans Affairs (Human Resources).
  8 Navy nominations in the rank of admiral.
  Routine lists in the Foreign Service.                  
Pages S4400-01
Messages from the House:                                     
  Page S4308
Measures Read the First Time:                                
  Page S4308
Executive Communications:                                
  Pages S4308-09
Petitions and Memorials:                                     
  Page S4309
Executive Reports of Committees:                             
  Page S4309
Additional Cosponsors:                                   
  Pages S4311-15
Statements on Introduced Bills/Resolutions:              
  Pages S4315-87
Additional Statements:                                   
  Pages S4306-08
Amendments Submitted:                                    
  Pages S4387-97
Notices of Hearings/Meetings:                                
  Page S4397
Authorities for Committees to Meet:                          
  Page S4397
Record Votes: Twenty-seven record votes were taken today. (Total--154) 
    Pages S4248-51, S4253, S4255-58, S4261, S4264-68, S4270, S4273-74, 
                             S4277-78, S4281, S4283-84, S4286-89, S4293
Adjournment: Senate convened at 10 a.m. on Thursday, April 2, 2009 and 
adjourned, pursuant to the provisions of H. Con. Res. 93, at 12:42 a.m. 
on Friday, April 3, 2009, until 2 p.m. on Monday, April 20, 2009. (For 
Senate's program, see the remarks of the Majority Leader in today's 
Record on page S4400.)