[Congressional Record Volume 155, Number 79 (Thursday, May 21, 2009)]
[Daily Digest]
[Pages D600-D603]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                             Thursday, May 21, 2009

[[Page D600]]

                              Daily Digest


HIGHLIGHTS

      Senate passed H.R. 2346, Supplemental Appropriations Act.
      Senate agreed to H. Con. Res. 133, Adjournment Resolution.


                                 Senate


Chamber Action
Routine Proceedings, pages S5767-S5889
Measures Introduced: Forty-five bills and ten resolutions were 
introduced, as follows: S. 1115-1159, S. Res. 155-163, and S. Con. Res. 
24.                                                      
  Pages S5818-20
Measures Passed:
  Supplemental Appropriations Act: By 86 yeas to 3 nays (Vote No. 202), 
Senate passed H.R. 2346, making supplemental appropriations for the 
fiscal year ending September 30, 2009, as amended, after taking action 
on the following amendments proposed thereto:         
  Pages S5770-S5804
Adopted:
  Leahy/Kerry Amendment No. 1191, to provide for consultation and 
reports to Congress regarding the International Monetary Fund. 
                                                     Pages S5771, S5798
  Brown Modified Amendment No. 1161, to require the United States 
Executive Director of the International Monetary Fund to oppose loans 
and other programs of the Fund that do not exempt certain spending by 
the governments of heavily indebted poor countries from certain budget 
caps and restraints.                                 
Pages S5771, S5799
  Corker Modified Amendment No. 1173, to provide for the development of 
objectives for the United States with respect to Afghanistan and 
Pakistan.                                            
Pages S5770, S5799
  Kaufman Modified Amendment No. 1179, to ensure that civilian 
personnel assigned to serve in Afghanistan receive civilian-military 
coordination training that focuses on counterinsurgency and stability 
operations.                                                  
Page S5771
  McCain Modified Amendment No. 1188, to make available from funds 
appropriated by title XI an additional $42,500,000 for assistance for 
Georgia.                                             
Pages S5771, S5799
  Graham (for Lieberman) Modified Amendment No. 1157, to provide that 
certain photographic records relating to the treatment of any 
individual engaged, captured, or detained after September 11, 2001, by 
the Armed Forces of the United States in operations outside the United 
States shall not be subject to disclosure under section 552 of title 5, 
United States Code (commonly referred to as the Freedom of Information 
Act).                                             
Pages S5770-71, S5799
  Lincoln Modified Amendment No. 1181, to amend the Federal Deposit 
Insurance Act with respect to the extension of certain limitations. 
                                                             Page S5771
  Reid (for Hutchison) Modified Amendment No. 1176, to help communities 
impacted by Hurricane Ike.                                   
Page S5799
Rejected:
  By 30 yeas to 64 nays (Vote No. 201), Merkley (for DeMint) Amendment 
No. 1138, to strike the provisions relating to increased funding for 
the International Monetary Fund.                  
Pages S5771, S5782-87
  During consideration of this measure today, Senate also took the 
following action:
  By 94 yeas to 1 nay (Vote No. 200), three-fifths of those Senators 
duly chosen and sworn, having voted in the affirmative, Senate agreed 
to the motion to close further debate on the bill.           
Page S5771
  Chair sustained a point of order that the following amendments were 
not germane post-cloture, and the amendments thus fell:
  Bennet/Casey Amendment No. 1167, to require the exclusion of combat 
pay from income for purposes of determining eligibility for child 
nutrition programs and the special supplemental nutrition program for 
women, infants, and children.                                
Page S5771
  Reid Amendment No. 1201 (to Amendment No. 1167), to change the 
enactment date.                                              
Page S5771
  Hutchison Amendment No. 1189, to protect auto dealers. 
                                        Pages S5771, S5780-81, S5788-90

[[Page D601]]


  Risch Amendment No. 1143, to appropriate, with an offset, an 
additional $2,000,000,000 for National Guard and Reserve Equipment. 
                                                             Page S5771
  Kyl/Lieberman Amendment No. 1147, to prohibit funds made available 
for the Strategic Petroleum Reserve to be made available to any person 
that has engaged in certain activities with respect to the Islamic 
Republic of Iran.                                            
                                                             Page S5771
  Lieberman Amendment No. 1156, to increase the authorized end strength 
for active duty personnel of the Army.            
                                                  Pages S5570, S5801-04
  Isakson Amendment No. 1164, to amend the Internal Revenue Code of 
1986 to expand the application of the homebuyer credit.      
                                                             Page S5770
  Chambliss Amendment No. 1144, to protect the national security of the 
United States by limiting the immigration rights of individuals 
detained by the Department of Defense at Guantanamo Bay Naval Base. 
                                                             Page S5770
  Cornyn Amendment No. 1139, to express the sense of the Senate that 
the interrogators, attorneys, and lawmakers who tried in good faith to 
protect the United States and abide by the law should not be prosecuted 
or otherwise sanctioned.              
                                      Pages S5770 S5775-77, S5799-S5801
  Chair sustained a point of order that the following amendment 
contains sense of the Senate language and therefore, is dilatory under 
cloture, and the amendment thus fell:
  Merkley/Whitehouse Amendment No. 1185, to express the sense of the 
Senate on the use by the Department of Defense of funds in the Act for 
operations in Iraq in a manner consistent with the United States-Iraq 
Status of Forces Agreement.                                  
                                                             Page S5771
  Senate insisted on its amendment, requested a conference with the 
House thereon, and the Chair was authorized to appoint the following 
conferees on the part of the Senate: Senators Inouye, Byrd, Leahy, 
Harkin, Mikulski, Kohl, Murray, Dorgan, Feinstein, Durbin, Johnson, 
Landrieu, Reed, Lautenberg, Nelson (NE), Pryor, Tester, Specter, 
Cochran, Bond, McConnell, Shelby, Gregg, Bennett, Hutchison, Brownback, 
Alexander, Collins, Voinovich, and Murkowski.                
                                                             Page S5804
  Shi'ite Personal Status Law in Afghanistan: Senate agreed to S. Con. 
Res. 19, expressing the sense of Congress that the Shi'ite Personal 
Status Law in Afghanistan violates the fundamental human rights of 
women and should be repealed, after agreeing to the committee amendment 
in the nature of a substitute, and the following amendment proposed 
thereto:                                                     
  Page S5883
  Reid (for DeMint) Amendment No. 1224, to amend the preamble. 
                                                         Pages S5883-84
  Yvonne Ingram-Ephraim Post Office Building: Senate passed H.R. 663, 
to designate the facility of the United States Postal Service located 
at 12877 Broad Street in Sparta, Georgia, as the ``Yvonne Ingram-
Ephraim Post Office Building'', clearing the measure for the President.
                                                             Page S5884
  Stan Lundine Post Office Building: Senate passed H.R. 918, to 
designate the facility of the United States Postal Service located at 
300 East 3rd Street in Jamestown, New York, as the ``Stan Lundine Post 
Office Building'', clearing the measure for the President.   
  Page S5884
  Major Ed W. Freeman Post Office: Senate passed H.R. 1284, to 
designate the facility of the United States Postal Service located at 
103 West Main Street in McLain, Mississippi, as the ``Major Ed W. 
Freeman Post Office'', clearing the measure for the President. 
                                                             Page S5884
  Brian K. Schramm Post Office Building: Senate passed H.R. 1595, to 
designate the facility of the United States Postal Service located at 
3245 Latta Road in Rochester, New York, as the ``Brian K. Schramm Post 
Office Building'', clearing the measure for the President.   
  Page S5884
  Condemning Burmese State Peace and Development Council Actions: 
Senate agreed to S. Res. 160, condemning the actions of the Burmese 
State Peace and Development Council against Daw Aung San Suu Kyi and 
calling for the immediate and unconditional release of Daw Aung San Suu 
Kyi.                                                     
  Pages S5884-85
  National Hereditary Hemorrhagic Telangiecstasia (HHT) Month: Senate 
agreed to S. Res. 161, recognizing June 2009 as the first National 
Hereditary Hemorrhagic Telangiecstasia (HHT) month, established to 
increase awareness of HHT, which is a complex genetic blood vessel 
disorder that affects approximately 70,000 people in the United States.
                                                             Page S5885
  Langston Golf Course and African-American Golf History: Senate agreed 
to S. Res. 162, recommending the Langston Golf Course, located in 
northeast Washington, DC and owned by the National Park Service, be 
recognized for its important legacy and contributions to African-
American golf history.                                   
  Pages S5885-86
  National Childhood Stroke Awareness Day: Senate agreed to S. Res. 
163, expressing the sense of the Senate with respect to childhood 
stroke and designating an appropriate date as ``National Childhood 
Stroke Awareness Day''.                                      
  Page S5886

[[Page D602]]

  Adjournment Resolution: Senate agreed to H. Con. Res. 133, providing 
for a conditional adjournment of the House of Representatives and a 
conditional recess or adjournment of the Senate.         
  Pages S5886-87
Measures Considered:
Railroad Antitrust Enforcement Act--Cloture Agreement: Senate began 
consideration of the motion to proceed to consideration of S. 146, to 
amend the Federal antitrust laws to provide expanded coverage and to 
eliminate exemptions from such laws that are contrary to the public 
interest with respect to railroads.                          
  Page S5887
   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, and 
pursuant to the unanimous-consent agreement of Thursday, May 21, 2009, 
a vote on cloture will occur on Tuesday, June 2, 2009.       
Page S5887
  Subsequently, the motion to proceed was withdrawn.         
Page S5887
  A unanimous-consent agreement was reached providing that Senate 
resume consideration of the motion to proceed to consideration of the 
bill at approximately 3:00 p.m., on Monday, June 1, 2009.    
Page S5888
Family Smoking Prevention and Tobacco Control Act--Cloture Agreement: 
Senate began consideration of the motion to proceed to consideration of 
H.R. 1256, to protect the public health by providing the Food and Drug 
Administration with certain authority to regulate tobacco products, to 
amend title 5, United States Code, to make certain modifications in the 
Thrift Savings Plan, the Civil Service Retirement System, and the 
Federal Employees' Retirement System.                        
  Page S5887
   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, June 2, 2009.                 
Page S5887
  Subsequently, the motion to proceed was withdrawn.         
Page S5887
Signing Authority--Agreement: A unanimous-consent agreement was reached 
providing that on Thursday, May 21, 2009, the Majority Leader be 
authorized to sign duly enrolled bills or joint resolutions. 
                                                             Page S5768
Authorizing Leadership to Make Appointments--Agreement: A unanimous-
consent agreement was reached providing that, notwithstanding the 
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 S5887
Authority for Committees--Agreement: A unanimous-consent agreement was 
reached providing that, notwithstanding the adjournment of the Senate, 
all committees be authorized to file legislative and executive reports 
on Friday, May 29, 2009, from 10 a.m. until 12 noon.         
  Page S5887
Signing Authority--Agreement: A unanimous-consent agreement was reached 
providing that during this adjournment of the Senate, Senator Reed be 
authorized to sign duly enrolled bills or joint resolutions. 
                                                             Page S5887
Message from the President: Senate received the following message from 
the President of the United States:
  Transmitting, pursuant to law, a report relative to a proposed 
Agreement for Cooperation Between the Government of the United States 
of America and the Government of the United Arab Emirates Concerning 
Peaceful Uses of Nuclear Energy; which was referred to the Committee on 
Foreign Relations. (PM-21)                               
Pages S5816-17
McCarthy Nomination--Agreement: A unanimous-consent agreement was 
reached providing that after a period of morning business, on Tuesday, 
June 2, 2009, Senate begin consideration of the nomination of Regina 
McCarthy, of Massachusetts, to be Assistant Administrator of the 
Environmental Protection Agency, and vote on confirmation of the 
nomination.                                                  
  Page S5887
Nominations Confirmed: Senate confirmed the following nominations:
  Seth David Harris, of New Jersey, to be Deputy Secretary of Labor.
  Florence Y. Pan, of the District of Columbia, to be an Associate 
Judge of the Superior Court of the District of Columbia for the term of 
fifteen years.
  Linda A. Puchala, of Maryland, to be a Member of the National 
Mediation Board for a term expiring July 1, 2009.
  Linda A. Puchala, of Maryland, to be a Member of the National 
Mediation Board for a term expiring July 1, 2012.
  Cameron F. Kerry, of Massachusetts, to be General Counsel of the 
Department of Commerce.
  Sandra Brooks Henriquez, of Massachusetts, to be an Assistant 
Secretary of Housing and Urban Development.
  Michael L. Connor, of Maryland, to be Commissioner of Reclamation.

[[Page D603]]


  Judith A. McHale, of Maryland, to be Under Secretary of State for 
Public Diplomacy.
  Philip J. Crowley, of Virginia, to be an Assistant Secretary of State 
(Public Affairs).
  John Q. Easton, of Illinois, to be Director of the Institute of 
Education Science, Department of Education for a term of six years.
  Priscilla E. Guthrie, of Virginia, to be Chief Information Officer, 
Office of the Director of National Intelligence.
  John D. Porcari, of Maryland, to be Deputy Secretary of 
Transportation.
  Daniel Benjamin, of the District of Columbia, to be Coordinator for 
Counterterrorism, with the rank and status of Ambassador at Large.
  Robert Orris Blake, Jr., of Maryland, to be Assistant Secretary of 
State for South Asian Affairs.
  Rebecca M. Blank, of Maryland, to be Under Secretary of Commerce for 
Economic Affairs.
  Peter M. Rogoff, of Virginia, to be Federal Transit Administrator.
  Michael S. Barr, of Michigan, to be an Assistant Secretary of the 
Treasury.
  J. Randolph Babbitt, of Virginia, to be Administrator of the Federal 
Aviation Administration for the term of five years.
  Aneesh Chopra, of Virginia, to be an Associate Director of the Office 
of Science and Technology Policy.
  5 Air Force nominations in the rank of general.
  2 Marine Corps nominations in the rank of general.
  1 Navy nomination in the rank of admiral.
  Routine lists in the Air Force, National Oceanic and Atmospheric 
Administration, and Navy.                                
Pages S5888-89
Nominations Received: Senate received the following nominations:
  Paul T. Anastas, of Connecticut, to be an Assistant Administrator of 
the Environmental Protection Agency.
  Nancy J. Powell, of Iowa, to be Director General of the Foreign 
Service.
  Cranston J. Mitchell, of Virginia, to be a Commissioner of the United 
States Parole Commission for a term of six years.
  Routine lists in the Air Force, Army, and Navy.            
Page S5888
Messages from the House:                                     
  Page S5817
Measures Referred:                                           
  Page S5816
Enrolled Bills Presented:                                    
  Page S5817
Executive Communications:                                
  Pages S5816-18
Petitions and Memorials:                                     
  Page S5818
Executive Reports of Committees:                             
  Page S5818
Additional Cosponsors:                                   
  Pages S5820-22
Statements on Introduced Bills/Resolutions:              
  Pages S5822-74
Additional Statements:                                       
  Page S5813
Amendments Submitted:                                    
  Pages S5879-81
Notices of Hearings/Meetings:                                
  Page S5881
Authorities for Committees to Meet:                      
  Pages S5881-82
Record Votes: Three record votes were taken today. (Total--202) 
                                              Pages S5771, S5787, S5804
Adjournment: Senate convened at 9 a.m. and adjourned, pursuant to the 
provisions of H. Con. Res. 133, at 9:51 p.m., until 2 p.m. on Monday, 
June 1, 2009. (For Senate's program, see the remarks of the Majority 
Leader in today's Record on page S5888.)