[Congressional Record Volume 155, Number 136 (Thursday, September 24, 2009)]
[Daily Digest]
[Pages D1083-D1086]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                       Thursday, September 24, 2009

[[Page D1083]]

                              Daily Digest


HIGHLIGHTS

      Senate passed H.R. 2996, Department of the Interior, Environment, 
      and Related Agencies Appropriations Act.


                                 Senate


Chamber Action
Routine Proceedings, pages S9761-S9860
Measures Introduced: Twelve bills and three resolutions were 
introduced, as follows: S. 1703-1714, and S. Res. 285-287.   
  Page S9840
Measures Reported:
  Special Report entitled ``Further Revised Allocation to Subcommittees 
of Budget Totals From the Concurrent Resolution, Fiscal Year 2010''. 
(S. Rept. No. 111-78)
  S. 251, to amend the Communications Act of 1934 to permit targeted 
interference with mobile radio services within prison facilities, with 
an amendment in the nature of a substitute. (S. Rept. No. 111-79)
  S. 1670, to reform and modernize the limitations on exclusive rights 
relating to secondary transmissions of certain signals, with 
amendments.                                                  
Page S9839
Measures Passed:
  Enhanced Partnership With Pakistan Act: Senate passed S. 1707, to 
authorize appropriations for fiscal years 2010 through 2014 to promote 
an enhanced strategic partnership with Pakistan and its people. 
                                                         Pages S9812-17
  Department of the Interior, Environment, and Related Agencies 
Appropriations Act: By 77 yeas to 21 nays (Vote No. 298), Senate passed 
H.R. 2996, making appropriations for the Department of the Interior, 
environment, and related agencies for the fiscal year ending September 
30, 2010, agreeing to the committee-reported amendment in the nature of 
a substitute, as amended, after taking action on the following 
amendments proposed thereto:                          
  Pages S9769-S9812
Adopted:
  Feinstein (for Bingaman) Amendment No. 2492, to provide funds for the 
Collaborative Forest Landscape Restoration Fund, with an offset. 
                                                     Pages S9769, S9772
  Feinstein (for Risch/Crapo) Amendment No. 2501, to provide for the 
use of certain funds for the Upper Snake/South Fork River Area of 
Critical Concern.                                    
Pages S9769, S9772
  Feinstein (for Carper) Amendment No. 2505, to require the 
Administrator of the Environmental Protection Agency to conduct a study 
on black carbon emissions.                           
Pages S9769, S9772
  Feinstein (for Roberts) Amendment No. 2509, to encourage the 
Administrator of the Environmental Protection Agency to reassess the 
cost-effectiveness of the buyout and relocation of residents of certain 
properties in Treece, Kansas.                        
Pages S9769, S9772
  Feinstein Amendment No. 2518, to make technical corrections to 
certain State and tribal assistance grants.          
Pages S9769, S9773
  Feinstein Amendment No. 2519, to extend a special use permit for 
Drake's Estero at Point Reyes National Seashore, California. 
                                                     Pages S9769, S9773
  Feinstein (for Feingold) Amendment No. 2522, to clarify the authority 
of the Secretary of Agriculture regarding the coordination of biobased 
product activities.                           
Pages S9769, S9773, S9775
  Feinstein (for Whitehouse) Modified Amendment No. 2534, to express 
the sense of the Senate that the National Vehicle Mercury Switch 
Recovery Program is an effective way to address mercury pollution in 
the United States and should continue.               
Pages S9769, S9773
  Feinstein (for Bingaman/Murkowski) Modified Amendment No. 2491, to 
modify the composition of the Board of Directors of the National Forest 
Foundation.                                       
Pages S9769, S9773-74
  Feinstein (for Schumer/Durbin) Amendment No. 2495, to support the 
Pest and Disease Revolving Loan Fund.                
Pages S9769, S9774

[[Page D1084]]


  Feinstein (for Tester) Amendment No. 2507, to limit the increase in 
cabin user fees, with an offset.                     
Pages S9769, S9774
  Feinstein (for Bingaman) Modified Amendment No. 2493, to provide 
funds for the Flame Fund.                         
Pages S9769, S9774-75
  Coburn Modified Amendment No. 2511, to prohibit no-bid contracts and 
grants.                                                  
Pages S9800-01
  Coburn Amendment No. 2463, to require public disclosure of certain 
reports.                                             
Pages S9799, S9801


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

  
  On Page D1084, September 24, 2009 the following language 
appears: Coburn Amendment No. 2463, to require public disclosure 
of certain reports. Page S9799
  
  The online Record has been corrected to read: Coburn Amendment 
No. 2463, to require public disclosure of certain reports. Pages 
S9799, S9801


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

  Coburn Amendment No. 2523, to secure our borders and protect our 
environment.                                      
Pages S9799, S9801-03
  Isakson Further Modified Amendment No. 2504, to encourage the 
participation of the National Park Service in activities preserving the 
papers and teachings of Dr. Martin Luther King, Jr., under the Civil 
Rights History Project Act of 2009.                  
Pages S9769, S9804


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

  
  On Page D1084, September 24, 2009 the following language 
appears: Isakson Further Modified Amendment No. 2504, to encourage 
the participation of the National Park Service in activities 
preserving the papers and teachings of Dr. Martin Luther King, 
Jr., under the Civil Rights History Project Act of 2009. Page 
S9804
  
  The online Record has been corrected to read: Isakson Further 
Modified Amendment No. 2504, to encourage the participation of the 
National Park Service in activities preserving the papers and 
teachings of Dr. Martin Luther King, Jr., under the Civil Rights 
History Project Act of 2009. Pages S9769, S9804


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

   Feinstein (for Barrasso) Amendment No. 2535, to provide for the use 
of certain funds for an Indian estate planning assistance program. 
                                                             Page S9804
  Feinstein (for Bennett) Amendment No. 2527, to modify the definition 
of the term ``Beaver Dam Wash National Conservation Area Map''. 
                                                             Page S9804
  Coburn Modified Amendment No. 2482, to protect property owners from 
being included without their knowledge or consent in the Federal 
preservation and promotion activities of any National Heritage Area. 
                                                     Pages S9800, S9806
  Dorgan/Conrad Amendment No. 2441, to provide for the inclusion of 
property in, or removal of property from, the Northern Plains Heritage 
Area.                                                        
Page S9807
  Reid Amendment No. 2531, to make funds available for preliminary 
planning and design of a high-performance green building to consolidate 
the multiple offices and research facilities of the Environmental 
Protection Agency in Las Vegas, Nevada.              
Pages S9794, S9807


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

  
  On Page D1084, September 24, 2009 the following language 
appears: Reid Amendment No. 2531, to make funds available for 
preliminary planning and design of a high-performance green 
building to consolidate the multiple offices and research 
facilities of the Environmental Protection Agency in Las Vegas, 
Nevada. Pages S9794, S9807-11
  
  The online Record has been corrected to read: Reid Amendment No. 
2531, to make funds available for preliminary planning and design 
of a high-performance green building to consolidate the multiple 
offices and research facilities of the Environmental Protection 
Agency in Las Vegas, Nevada. Pages S9794, S9807


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

  Feinstein (for Inhofe) Amendment No. 2445, to provide for the 
expedited cleanup of the Tar Creek Superfund Site.           
Page S9811
Rejected:
  Vitter Amendment No. 2549, to ensure that the Assistant to the 
President for Energy and Climate Change (commonly known as the ``White 
House Climate Change Czar'') is not directing actions of departments 
and agencies funded by this Act. (By 57 yeas to 41 nays (Vote No. 295), 
Senate tabled the amendment.)                     
Pages S9784-94, S9806


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

  
  On Page D1084, September 24, 2009 the following language 
appears: Vitter Amendment No. 2549, to ensure that the Assistant 
to the President for Energy and Climate Change (commonly known as 
the ``White House Climate Change Czar'') is not directing actions 
of departments and agencies funded by this Act. (By 57 yeas to 41 
nays (Vote No. 295), Senate tabled the amendment.) Pages S9784-94
  
  The online Record has been corrected to read: Vitter Amendment 
No. 2549, to ensure that the Assistant to the President for Energy 
and Climate Change (commonly known as the ``White House Climate 
Change Czar'') is not directing actions of departments and 
agencies funded by this Act. (By 57 yeas to 41 nays (Vote No. 
295), Senate tabled the amendment.) Pages S9784-94, S9806


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

  Ensign motion to recommit the bill to the Committee on 
Appropriations, with instructions to report the same back to the 
Senate, with changes. (By 64 yeas to 34 nays (Vote No. 296), Senate 
tabled the motion.)                                          
Page S9806
  Coburn Amendment No. 2483, to help preserve America's national parks 
and other public land treasures by reducing maintenance backlogs that 
threaten the health and safety of visitors. (By 79 yeas to 19 nays 
(Vote No. 297), Senate tabled the amendment.) 
                                     Pages S9799-S9800, S9803-04, S9807
Withdrawn:
  Carper Amendment No. 2456, to require the Administrator of the 
Environmental Protection Agency to conduct a study on black carbon 
emissions.                                           
Pages S9775, S9769


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

  
  On Page D1084, September 24, 2009 the following language 
appears: Carper Amendment No. 2456, to require the Administrator 
of the Environmental Protection Agency to conduct a study on black 
carbon emissions. Page S9775
  
  The online Record has been corrected to read: Carper Amendment 
No. 2456, to require the Administrator of the Environmental 
Protection Agency to conduct a study on black carbon emissions. 
Pages S9775, S9769


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

  During consideration of this measure today, Senate also took the 
following action:
Cloture Motion--Agreement: A unanimous-consent agreement was reached 
providing that the previously scheduled votes on the motion to invoke 
cloture on the committee-reported amendment in the nature of a 
substitute, and the motion to invoke cloture on the bill, be withdrawn.
                                                     Pages S9761, S9769


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

  
  On Page D1084, September 24, 2009 the following language 
appears: Cloture Motion--Agreement: A unanimous-consent agreement 
was reached providing that the previously scheduled votes on the 
motion to invoke cloture on the committee-reported amendment in 
the nature of a substitute, and the motion to invoke cloture on 
the bill, be withdrawn. Page S9761
  
  The online Record has been corrected to read: Cloture Motion--
Agreement: A unanimous-consent agreement was reached providing 
that the previously scheduled votes on the motion to invoke 
cloture on the committee-reported amendment in the nature of a 
substitute, and the motion to invoke cloture on the bill, be 
withdrawn. Pages S9761, S9769


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

  Chair sustained a point of order against Collins Amendment No. 2498, 
to provide that no funds may be used for the administrative expenses of 
any official identified by the President to serve in a position without 
express statutory authorization and which is responsible for the 
interagency development or coordination of any rule, regulation, or 
policy unless the President certifies to Congress that such official 
will respond to all reasonable requests to testify before, or provide 
information to, any congressional committee with jurisdiction over such 
matters, and such official submits certain reports biannually to 
Congress, as being in violation of Rule XVI of the Standing Rules of 
the Senate, which prohibits legislation on an appropriation bill, and 
the amendment thus fell.                             
Pages S9769, S9799


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

  
  On Page D1084, September 24, 2009 the following language 
appears: Chair sustained a point of order against Collins 
Amendment No. 2498, to provide that no funds may be used for the 
administrative expenses of any official identified by the 
President to serve in a position without express statutory 
authorization and which is responsible for the interagency 
development or coordination of any rule, regulation, or policy 
unless the President certifies to Congress that such official will 
respond to all reasonable requests to testify before, or provide 
information to, any congressional committee with jurisdiction over 
such matters, and such official submits certain reports biannually 
to Congress, as being in violation of Rule XVI of the Standing 
Rules of the Senate, which prohibits legislation on an 
appropriation bill, and the amendment thus fell. Page S9769
  
  The online Record has been corrected to read: Chair sustained a 
point of order against Collins Amendment No. 2498, to provide that 
no funds may be used for the administrative expenses of any 
official identified by the President to serve in a position 
without express statutory authorization and which is responsible 
for the interagency development or coordination of any rule, 
regulation, or policy unless the President certifies to Congress 
that such official will respond to all reasonable requests to 
testify before, or provide information to, any congressional 
committee with jurisdiction over such matters, and such official 
submits certain reports biannually to Congress, as being in 
violation of Rule XVI of the Standing Rules of the Senate, which 
prohibits legislation on an appropriation bill, and the amendment 
thus fell. Pages S9769, S9799


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

  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 Feinstein, Byrd, Leahy, 
Dorgan, Mikulski, Kohl, Johnson, Reed, Nelson (NE), Tester, Inouye, 
Alexander, Cochran, Bennett, Gregg, Murkowski, Collins, and Bond. 
                                                             Page S9812


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

  
  On Page D1084, September 24, 2009 the following language 
appears: 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 
Feinstein, Byrd, Leahy, Dorgan, Mikulski, Kohl, Johnson, Reed, 
Nelson (NE), Tester, Inouye, Alexander, Cochran, Bennett, Gregg, 
Murkowski, and Collins. Page S9812
  
  The online Record has been corrected to read: 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 Feinstein, Byrd, Leahy, Dorgan, 
Mikulski, Kohl, Johnson, Reed, Nelson (NE), Tester, Inouye, 
Alexander, Cochran, Bennett, Gregg, Murkowski, Collins, and Bond. 
Page S9812


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

  Fiscal Year 2010 Federal Aviation Administration Extension Act: 
Senate passed H.R. 3607, to amend the Internal Revenue Code of 1986 to 
extend the funding and expenditure authority of the Airport and Airway 
Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, clearing the 
measure for the President.                                   
  Page S9856
  Reserve Officers Association Modernization Act: Senate passed S. 
1599, to amend title 36, United States Code, to include in the Federal 
charter of the

[[Page D1085]]

Reserve Officers Association leadership positions newly added in its 
constitution and bylaws.                                     
  Page S9856
  Military Officers Association of America: Committee on the Judiciary 
was discharged from further consideration of S. 832, to amend title 36, 
United States Code, to grant a Federal charter to the Military Officers 
Association of America, and the bill was then passed.    
  Pages S9856-57
  Sidney M. Aronovitz United States Courthouse: Committee on 
Environment and Public Works was discharged from further consideration 
of H.R. 2913, to designate the United States courthouse located at 301 
Simonton Street in Key West, Florida, as the ``Sidney M. Aronovitz 
United States Courthouse'', and the bill was then passed, clearing the 
measure for the President.                                   
  Page S9857
  Ralph Regula Federal Building and United States Courthouse: Committee 
on Environment and Public Works was discharged from further 
consideration of H.R. 1687, to designate the federally occupied 
building located at McKinley Avenue and Third Street, SW., Canton, 
Ohio, as the ``Ralph Regula Federal Building and United States 
Courthouse'', and the bill was then passed, clearing the measure for 
the President.                                               
  Page S9857
  Albert Armendariz, Sr., United States Courthouse: Committee on 
Environment and Public Works was discharged from further consideration 
of H.R. 2053, to designate the United States courthouse located at 525 
Magoffin Avenue in El Paso, Texas, as the ``Albert Armendariz, Sr., 
United States Courthouse'', and the bill was then passed, clearing the 
measure for the President.                                   
  Page S9857
  William O. Lipinski Federal Building: Committee on Environment and 
Public Works was discharged from further consideration of H.R. 2498, to 
designate the Federal building located at 844 North Rush Street in 
Chicago, Illinois, as the ``William O. Lipinski Federal Building'', and 
the bill was then passed, clearing the measure for the President. 
                                                             Page S9857
  Galveston Historical Foundation: Committee on Environment and Public 
Works was discharged from further consideration of H.R. 2121, to 
authorize the Administrator of General Services to convey a parcel of 
real property in Galveston, Texas, to the Galveston Historical 
Foundation, and the bill was then passed, clearing the measure for the 
President.                                                   
  Page S9857
  Fatalities in Storms and Floods in the State of Georgia: Senate 
agreed to S. Res. 286, expressing condolences to the families of the 
individuals killed during unusual storms and floods in the State of 
Georgia between September 18 and September 21, 2009, and expressing 
gratitude to all of the emergency personnel who continue to work with 
unyielding determination to meet the needs of Georgia's residents. 
                                                             Page S9858
Measures Considered:
Department of Defense Appropriations Act--Agreement: Senate began 
consideration of H.R. 3326, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2010.   
  Pages S9817-32
  A unanimous-consent agreement was reached providing for further 
consideration of the bill at 9:30 a.m., on Friday, September 25, 2009. 
                                                             Page S9859
Nominations Confirmed: Senate confirmed the following nominations:
  Peggy E. Gustafson, of Illinois, to be Inspector General, Small 
Business Administration. (Prior to this action, Committee on Homeland 
Security and Governmental Affairs was discharged from further 
consideration.)
  Jonathan B. Jarvis, of California, to be Director of the National 
Park Service.                                        
Pages S9860, S9859


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

  
  On Page D1085, September 24, 2009 the following language 
appears: Nominations Confirmed: Senate confirmed the following 
nominations: Peggy E. Gustafson, of Illinois, to be Inspector 
General, Small Business Administration. (Prior to this action, 
Committee on Homeland Security and Governmental Affairs was 
discharged from further consideration.) Jonathan B. Jarvis, of 
California, to be Director of the National Park Service. Page 
S9860
  
  The online Record has been corrected to read: Nominations 
Confirmed: Senate confirmed the following nominations: Peggy E. 
Gustafson, of Illinois, to be Inspector General, Small Business 
Administration. (Prior to this action, Committee on Homeland 
Security and Governmental Affairs was discharged from further 
consideration.) Jonathan B. Jarvis, of California, to be Director 
of the National Park Service. Pages S9860, S9859


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

Nominations Received: Senate received the following nominations:
  Frederick D. Barton, of Maine, to be an Alternate Representative of 
the United States of America to the Sessions of the General Assembly of 
the United Nations, during his tenure of service as Representative of 
the United States of America on the Economic and Social Council of the 
United Nations.
  Bill Delahunt, of Massachusetts, to be a Representative of the United 
States of America to the Sixty-fourth Session of the General Assembly 
of the United Nations.
  Elaine Schuster, of Florida, to be a Representative of the United 
States of America to the Sixty-fourth Session of the General Assembly 
of the United Nations.
  Christopher H. Smith, of New Jersey, to be a Representative of the 
United States of America to the Sixty-fourth Session of the General 
Assembly of the United Nations.
  Mary Burce Warlick, of Virginia, to be Ambassador to the Republic of 
Serbia.
  Wellington E. Webb, of Colorado, to be an Alternate Representative of 
the United States of America to the Sixty-fourth Session of the General 
Assembly of the United Nations.
  Jide J. Zeitlin, of New York, to be Representative of the United 
States of America to the United Nations for U.N. Management and Reform, 
with the rank of Ambassador.
  Jide J. Zeitlin, of New York, to be Alternate Representative of the 
United States of America to the

[[Page D1086]]

Sessions of the General Assembly of the United Nations during his 
tenure of service as Representative of the United States of America to 
the United Nations for U.N. Management and Reform.
  Islam A. Siddiqui, of Virginia, to be Chief Agricultural Negotiator, 
Office of the United States Trade Representative, with the rank of 
Ambassador.
  A routine list in the Foreign Service.                 
Pages S9859-60
Messages from the House:                                     
  Page S9837
Measures Referred:                                       
  Pages S9837-38
Enrolled Bills Presented:                                    
  Page S9838
Executive Communications:                                
  Pages S9838-39
Executive Reports of Committees:                         
  Pages S9839-40
Additional Cosponsors:                                   
  Pages S9840-42
Statements on Introduced Bills/Resolutions:              
  Pages S9842-54
Additional Statements:                                   
  Pages S9835-37
Amendments Submitted:                                    
  Pages S9854-55
Notices of Hearings/Meetings:                                
  Page S9855
Authorities for Committees to Meet:                      
  Pages S9855-56
Record Votes: Four record votes were taken today. (Total--298) 
                                               Page S9806, S9807, S9812
Adjournment: Senate convened at 9:30 a.m. and adjourned at 7:12 p.m., 
until 9:30 a.m. on Friday, September 25, 2009. (For Senate's program, 
see the remarks of the Majority Leader in today's Record on page 
S9859.)