[Congressional Record Volume 155, Number 60 (Thursday, April 23, 2009)]
[Daily Digest]
[Pages D435-D438]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                           Thursday, April 23, 2009

[[Page D435]]

                              Daily Digest

                                 Senate


Chamber Action
Routine Proceedings, pages S4603-4705
Measures Introduced: Twenty-four bills and four resolutions were 
introduced, as follows: S. 871-894, S. Res. 111-113, and S. Con. Res. 
19.                                                      
  Pages S4669-70
Measures Reported:
  Special Report entitled ``Report on the Resolution (S. Res. 73) 
Authorizing Expenditures by Committees of the Senate''. (S. Rept. No. 
111-14)                                                      
Page S4668
Measures Passed:
  National Adopt A Library Day: Senate agreed to S. Res. 113, 
designating April 23, 2009, as ``National Adopt A Library Day''. 
                                                         Pages S4704-05
  Authorizing the Use of Emancipation Hall in the Capitol Visitor 
Center: Senate agreed to H. Con. Res. 86, authorizing the use of 
Emancipation Hall in the Capitol Visitor Center for the unveiling of a 
bust of Sojourner Truth.                                     
  Page S4705
  Acceptance of a Statue of Ronald Wilson Reagan: Senate agreed to H. 
Con. Res. 101, providing for the acceptance of a statue of Ronald 
Wilson Reagan from the people of California for placement in the United 
States Capitol.                                              
  Page S4705
Measures Considered:
Fraud Enforcement and Recovery Act--Agreement: Senate continued 
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, taking action on the following amendments 
proposed thereto:                                
  Page S4604-4641, S4657
Adopted:
  Schumer Amendment No. 1006, to provide additional funding to the SEC 
to use in enforcement proceedings.                
Pages S4614-15, S4621
Rejected:
  By 31 yeas to 61 nays (Vote No. 162), Kyl Amendment No. 986, to limit 
the amount that may be deducted from proceeds due to the United States 
under the False Claims Act for purposes of compensating private 
intervenors to the greater of $50,000,000 or 300 percent of the 
expenses and cost of the intervenor.       
Pages S4604, S4609-11, S4617
Pending:
  Reid Amendment No. 984, to increase funding for certain HUD programs 
to assist individuals to better withstand the current mortgage crisis. 
                                                             Page S4604
  Inhofe Amendment No. 996 (to Amendment No. 984), to amend title 4, 
United States Code, to declare English as the national language of the 
Government of the United States.                             
Page S4604
  Vitter Amendment No. 991, to authorize and remove impediments to the 
repayment of funds received under the Troubled Asset Relief Program. 
                                                             Page S4604
  Boxer Modified Amendment No. 1000, to authorize monies for the 
Special Inspector General for the Troubled Asset Relief Program to 
audit and investigate recipients of non-recourse Federal loans under 
the Public Private Investment Program and the Term Asset Loan Facility.
                                           Pages S4604, S4616-17, S4631
  Coburn Amendment No. 982, to authorize the use of TARP funds to cover 
the costs of the bill.                                       
Page S4604
  Thune Amendment No. 1002, to require the Secretary of the Treasury to 
use any amounts repaid by a financial institution that is a recipient 
of assistance under the Troubled Assets Relief Program for debt 
reduction.                                               
Pages S4605-07
  DeMint Amendment No. 994, to prohibit the use of Troubled Asset 
Relief Program funds for the purchase of common stock.   
Pages S4607-08
  Coburn Amendment No. 983, to require the Inspector General of the 
Federal Housing Finance Agency to investigate and report on the 
activities of Fannie Mae and Freddie Mac that may have contributed to 
the current mortgage crisis.                             
Pages S4608-09
  Kohl Amendment No. 990, to protect older Americans from misleading 
and fraudulent marketing practices, with the goal of increasing 
retirement security.                                     
Pages S4611-14
  Ensign Amendment No. 1004, to impose certain requirements on public-
private investment fund programs.                        
Pages S4615-16

[[Page D436]]


  Ensign Amendment No. 1003 (to Amendment No. 1000), to impose certain 
requirements on public-private investment fund programs. 
                                                         Pages S4616-17
  Hatch Amendment No. 1007, to prohibit the Department of Labor from 
expending Federal funds to withdraw a rule pertaining to the filing by 
labor organizations of an annual financial report required by the 
Labor-Management Reporting and Disclosure Act of 1959.   
Pages S4620-21
  A motion was entered to close further debate on the committee 
substitute amendment, 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 23, 2009, a vote on 
cloture will occur at 5:30 p.m., on Monday, April 27, 2009, and that if 
cloture is invoked, all post-cloture time be yielded back and any 
pending germane amendments be disposed of, and the substitute 
amendment, as amended, be agreed to; provided that Senate vote on 
passage of the bill at 12:00 p.m., on Tuesday, April 28, 2009, 
notwithstanding Rule XII, paragraph 4, without further intervening 
action or debate; provided further, that at 4:30 p.m., on Monday, April 
27, 2009, there be 60 minutes of debate prior to the vote on the motion 
to invoke cloture on the committee substitute amendment, equally 
divided and controlled between the two Leaders, or their designees. 
                                                             Page S4657
House Messages:
Budget Resolution--Motions To Instruct Conferees: Senate began 
consideration of the amendment of the House of Representatives 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, 
disagreed to the amendment of the House, agreed to the request for a 
conference with the House, agreed to the motion to authorize the Chair 
to appoint conferees, after taking action on the following motions to 
instruct conferees on the part of the Senate on the disagreeing votes 
of the two Houses on the concurrent resolution to be instructed to 
insist on the inclusion in the final conference report the following 
motions proposed thereto:                                
  Pages S4641-57
Adopted:
  By 57 yeas to 37 nays (Vote No. 163), Conrad (for Stabenow) Motion to 
Instruct Conferees to insist that the final conference report include a 
Deficit-Neutral Reserve Fund to Invest in Clean Energy and Preserve the 
Environment (as provided in section 202 (b) of S. Con. Res. 13, as 
passed by the Senate.                                    
Pages S4653-54
  By 66 yeas to 28 nays (Vote No. 164), Gregg (for Johanns) Motion to 
Instruct Conferees to insist that if the final conference report 
includes a Deficit-Neutral Reserve Fund to Invest in Clean Energy and 
Preserve the Environment and Climate Change Legislation similar to 
section 202 of S. Con. Res. 13, as passed by the Senate, then that 
Deficit-Neutral Reserve Fund shall also include the language contained 
in section 202 (c) of S. Con. Res. 13, as passed by the Senate. 
                                                     Pages S4652, S4654
  Gregg (for Ensign) Motion to Instruct Conferees to insist that the 
final conference report include the point of order against legislation 
that raises taxes directly or indirectly on middle-income taxpayers 
(single individuals with $200,000 or less in adjusted gross income or 
married couples filing jointly with $250,000 or less in adjusted gross 
income) as contained in section 306 of the concurrent resolution, as 
passed by the Senate.                                
Pages S4652, S4655


 =========================== NOTE =========================== 

  
  On Page D436, April 23, 2009, the following language appears: 
Gregg (for Ensign) Motion to Instruct Conferees to insist that the 
final conference report include the point of order against 
legislation that raises taxes directly or indirectly on middle-
income taxpayers (single individuals with $200,000 or less in 
adjusted gross income or married couples filing jointly with 
$250,000 or less in adjusted gross income) as contained in section 
306 of the concurrent resolution, as passed by the Senate. Page 
S4652
  
  The online Record has been corrected to read: Gregg (for Ensign) 
Motion to Instruct Conferees to insist that the final conference 
report include the point of order against legislation that raises 
taxes directly or indirectly on middle-income taxpayers (single 
individuals with $200,000 or less in adjusted gross income or 
married couples filing jointly with $250,000 or less in adjusted 
gross income) as contained in section 306 of the concurrent 
resolution, as passed by the Senate. Pages S4652, S4655


 ========================= END NOTE ========================= 

  By 84 yeas to 9 nays (Vote No. 167), Cornyn Motion to Instruct 
Conferees to insist on the inclusion in the final conference report of 
the point of order against legislation that raises Federal income taxes 
on small businesses as contained in section 307 of the concurrent 
resolution, as passed by the Senate.              
Pages S4651, S4655-56
  Alexander Motion to Instruct Conferees to insist that the final 
conference report include the Senate position maintaining a competitive 
student loan program that provides students and institutions of higher 
education with a comprehensive choice of loan products and services, as 
contained in section 203 of S. Con. Res. 13, as passed by the Senate. 
                                                  Pages S4646-47, S4656


 =========================== NOTE =========================== 

  
  On Page D436, April 23, 2009, the following language appears: 
Alexander Motion to Instruct Conferees to insist that the final 
conference report include the Senate position maintaining a 
competitive student loan program that provides students and 
institutions of higher education with a comprehensive choice of 
loan products and services, as contained in section 203 of S. Con. 
Res. 13, as passed by the Senate. Page S4646
  
  The online Record has been corrected to read: Alexander Motion 
to Instruct Conferees to insist that the final conference report 
include the Senate position maintaining a competitive student loan 
program that provides students and institutions of higher 
education with a comprehensive choice of loan products and 
services, as contained in section 203 of S. Con. Res. 13, as 
passed by the Senate. Pages S4646-47, S4656


 ========================= END NOTE ========================= 

  Coburn Motion to Instruct Conferees to insist that the final 
conference report include a reserve fund that promotes legislation that 
achieves savings by going through the Federal Budget line by line, as 
President Obama has called for, to eliminate wasteful, inefficient, and 
duplicative spending, as set forth in Section 224 of S. Con. Res. 13. 
                                                     Pages S4648, S4656


 =========================== NOTE =========================== 

  
  On Page D436, April 23, 2009, the following language appears: 
Coburn Motion to Instruct Conferees to insist that the final 
conference report include a reserve fund that promotes legislation 
that achieves savings by going through the Federal Budget line by 
line, as President Obama has called for, to eliminate wasteful, 
inefficient, and duplicative spending, as set forth in Section 224 
of S. Con. Res. 13. Page S4648
  
  The online Record has been corrected to read: Coburn Motion to 
Instruct Conferees to insist that the final conference report 
include a reserve fund that promotes legislation that achieves 
savings by going through the Federal Budget line by line, as 
President Obama has called for, to eliminate wasteful, 
inefficient, and duplicative spending, as set forth in Section 224 
of S. Con. Res. 13. Pages S4648, S4656


 ========================= END NOTE ========================= 

  By 79 yeas to 14 nays (Vote No. 168), DeMint Motion to Instruct 
Conferees to insist that the final conference report shall include a 
point of order against legislation that eliminates the ability of 
Americans to keep their health plan and eliminates the ability of 
Americans to choose their doctor, as contained in section 316 of the 
concurrent resolution, as passed by the Senate, and insist further that 
an additional condition be added providing such legislation shall not 
decrease the number of Americans enrolled in private health insurance, 
while increasing the number of Americans enrolled in government-
managed, rationed health care.                    
Pages S4648-50, S4656
  By 63 yeas to 30 nays (Vote No. 169), Vitter Motion to Instruct 
Conferees to insist that if the final

[[Page D437]]

conference report includes any reserve funds involving energy and the 
environment, that such sections shall include the requirements included 
in section 202(a) of the Senate-passed resolution to require that such 
legislation would not increase the cost of producing energy from 
domestic sources, including oil and gas from the Outer Continental 
Shelf or other areas; would not increase the cost of energy for 
American families; would not increase the cost of energy for domestic 
manufacturers, farmers, fishermen, or other domestic industries; and 
would not enhance foreign competitiveness against U.S. businesses. 
                                                  Pages S4647-48, S4657
Rejected:
  By 40 yeas to 54 nays (Vote No. 165), Gregg Motion to Instruct 
Conferees to insist that the final conference report limit the increase 
in public debt for the period of 2009 through 2019 to an amount no 
greater than the amount of public debt accumulated from 1789 to January 
20, 2009.                                         
Pages S4650-51, S4654
  By 38 yeas to 56 nays (Vote No. 166), Sessions Motion to Instruct 
Conferees to insist that the final conference report shall freeze non-
defense and non-veterans funding for 2 years, and limit the growth of 
non-defense and non-veterans funding to 1% annually for fiscal years 
2012, 2013 and 2014.                                 
Pages S4643, S4655
  The Chair was authorized to appoint the following conferees on the 
part of the Senate: Senators Conrad, Murray, and Gregg.      
Page S4657
Appointments:
  Senate National Security Working Group: The Chair, on behalf of the 
Republican Leader, pursuant to the provisions of S. Res. 105 (adopted 
April 13, 1989), as amended by S. Res. 149 (adopted October 5, 1993), 
as amended by Public Law 105-275 (adopted October 21, 1998), further 
amended by S. Res. 75 (adopted March 25, 1999), amended by S. Res. 383 
(adopted October 27, 2000), and amended by S. Res. 355 (adopted 
November 13, 2002), and further amended by S. Res. 480 (adopted 
November 21, 2004), appointed the following Senators as members of the 
Senate National Security Working Group for the 111th Congress:
  Senators McCain and Risch.                                 
Page S4705
  National Museum of the American Latino: The Chair announced, on 
behalf of the Republican Leader, pursuant to P.L. 110-229, the 
appointment of the following to be members of the Commission to Study 
the Potential Creation of a National Museum of the American Latino:
  Eduardo Padron of Florida, Sean D. Reyes of Utah, and Ellie Lopez-
Bowlan of Nevada.                                            
Page S4705
Sebelius Nomination--Agreement: A unanimous-consent-time agreement was 
reached providing that at 10:00 a.m., on Tuesday, April 28, 2009, 
Senate begin consideration of the nomination of Kathleen Sebelius, to 
be Secretary of Health and Human Services; provided that there be 8 
hours of debate with respect to the nomination, with the time equally 
divided and controlled between the two Leaders, or their designees; 
that upon the use or yielding back of time, Senate vote on confirmation 
of the nomination, and that confirmation be subject to a 60-vote 
affirmative threshold.                                   
  Pages S4657-58
Nomination Confirmed: Senate confirmed the following nomination:
  Ashton B. Carter, of Massachusetts, to be Under Secretary of Defense 
for Acquisition, Technology, and Logistics.          
Pages S4658, S4705


 =========================== NOTE =========================== 

  
  On Page D437, April 23, 2009, the following language appears: 
Nomination Confirmed: Senate confirmed the following nomination: 
Ashton B. Carter, of Massachusetts, to be Under Secretary of 
Defense for Acquisition, Technology, and Logistics. Page S4658
  
  The online Record has been corrected to read: Nomination 
Confirmed: Senate confirmed the following nomination: Ashton B. 
Carter, of Massachusetts, to be Under Secretary of Defense for 
Acquisition, Technology, and Logistics. Pages S4658, S4705


 ========================= END NOTE ========================= 

Nominations Received: Senate received the following nominations:
  Victor M. Mendez, of Arizona, to be Administrator of the Federal 
Highway Administration.
  Stephen Alan Owens, of Arizona, to be Assistant Administrator for 
Toxic Substances of the Environmental Protection Agency.
  Rajiv J. Shah, of Washington, to be Under Secretary of Agriculture 
for Research, Education, and Economics.
  3 Air Force nominations in the rank of general.
  7 Navy nominations in the rank of admiral.
  10 Marine Corps nominations in the rank of general.


 =========================== NOTE =========================== 

  
  On Page D437, April 23, 2009, the following language appears: 
Nominations Received: Senate received the following nominations:10 
United Sates Marine Corps nominations in the rank of general. Page 
S4705
  
  The online-Record has been corrected to read: Nominations 
Received: Senate received the following nominations:10 Marine 
Corps nominations in the rank of general. Page S4705


 ========================= END NOTE ========================= 

  A routine list in the Army.                                
Page S4705
Messages from the House:                                     
  Page S4668
Measures Referred:                                           
  Page S4668
Measures Placed on the Calendar:                      
  Page S4603, S4688
Executive Reports of Committees:                         
  Pages S4668-69
Additional Cosponsors:                                   
  Pages S4670-71
Statements on Introduced Bills/Resolutions:              
  Pages S4671-99
Additional Statements:                                   
  Pages S4666-68
Amendments Submitted:                                 
  Pages S4699-S4704
Notices of Hearings/Meetings:                                
  Page S4704
Authorities for Committees to Meet:                          
  Page S4704
Record Votes: Eight record votes were taken today. (Total--169) 
                                                  Pages S4617, S4653-57
Adjournment: Senate convened at 9:31 a.m. and adjourned at 10 p.m., 
until 11 a.m. on Friday, April 24, 2009. (For Senate's program, see the 
remarks of the Acting Majority Leader in today's Record on page S4705.)

[[Page D438]]