[Congressional Record Volume 155, Number 145 (Thursday, October 8, 2009)]
[Daily Digest]
[Pages D1152-D1154]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                          Thursday, October 8, 2009

[[Page D1152]]

                              Daily Digest


HIGHLIGHTS

      Senate agreed to the conference report to accompany H.R. 2997, 
      Agriculture, Rural Development, Food and Drug Administration, and 
      Related Agencies Appropriations Act.
      House agreed to the conference report to accompany H.R. 2647, 
      National Defense Authorization Act for Fiscal Year 2010.

                                 Senate


Chamber Action
Routine Proceedings, pages S10257-S10329
Measures Introduced: Ten bills and two resolutions were introduced, as 
follows: S. 1763-1772, and S. Res. 309-310.                 
  Page S10318
Measures Passed:
  145th Anniversary of the Entry of Nevada into the Union: Senate 
agreed to S. Res. 309, recognizing and celebrating the 145th 
anniversary of the entry of Nevada into the Union as the 36th State. 
                                                            Page S10326
  National Day on Writing: Senate agreed to S. Res. 310, expressing 
support for the designation of October 20, 2009, as the National Day on 
Writing.                                                    
  Page S10327
Measures Considered:
Commerce, Justice, Science, and Related Agencies
  Appropriations Act--Agreement: Senate continued consideration of H.R. 
2847, making appropriations for the Departments of Commerce and 
Justice, and Science, and Related Agencies for the fiscal year ending 
September 30, 2010, taking action on the following amendments proposed 
thereto:                         
  Pages S10265-80, S10284-S10307, S10328
Rejected:
  By 33 yeas to 64 nays (Vote No. 317), McCain Amendment No. 2626, to 
eliminate funding for Public Telecommunications Facilities, Planning 
and Construction.                            
Pages S10265-68, S10271-72
  By 33 yeas to 65 nays (Vote No. 319), Ensign motion to recommit the 
bill to the Committee on Appropriations, with instructions to report 
the same back to the Senate with changes that reduce the aggregate 
level of appropriations in the Act for fiscal year 2010, excluding 
amounts provided for the Bureau of the Census, by $3,411,000,000 from 
the level currently in the Act.                 
Pages S10272-73, S10284
Pending:
  Vitter/Bennett Amendment No. 2644, to provide that none of the funds 
made available in this Act may be used for collection of census data 
that does not include a question regarding status of United States 
citizenship.                                                
Page S10265
  Johanns Amendment No. 2393, prohibiting the use of funds to fund the 
Association of Community Organizations for Reform Now (ACORN). 
                                                            Page S10265
  Levin/Coburn Amendment No. 2627, to ensure adequate resources for 
resolving thousands of offshore tax cases involving hidden accounts at 
offshore financial institutions.                            
Page S10265
  Durbin Modified Amendment No. 2647, to require the Comptroller 
General to review and audit Federal funds received by ACORN. 
                                                            Page S10265
  Begich/Murkowski Amendment No. 2646, to allow tribes located inside 
certain boroughs in Alaska to receive Federal funds for their 
activities.                                                 
Page S10271
  Ensign Modified Amendment No. 2648, to provide additional funds for 
the State Criminal Alien Assistance Program by reducing corporate 
welfare programs.                                           
Page S10272
  Shelby/Feinstein Amendment No. 2625, to provide danger pay to Federal 
agents stationed in dangerous foreign field offices.        
Page S10280

[[Page D1153]]


  Leahy Amendment No. 2642, to include nonprofit and volunteer ground 
and air ambulance crew members and first responders for certain 
benefits.                                                   
Page S10285
  Graham Amendment No. 2669, to prohibit the use of funds for the 
prosecution in Article III courts of the United States of individuals 
involved in the September 11, 2001, terrorist attacks. 
                                                        Pages S10285-86
  During consideration of this measure today, Senate also took the 
following action:
   Chair sustained a point of order against Bunning Amendment No. 2653, 
to require that all legislative matters be available and fully scored 
by CBO 72 hours before consideration by any subcommittee or committee 
of the Senate or on the floor of the Senate, as being in violation of 
Rule XVI, paragraph 4, of the Standing Rules of the Senate, which 
prohibits legislation on an appropriation bill, and the amendment thus 
fell.                                              
Pages S10265, S10272
  A motion was entered to close further debate on the committee-
reported amendment in the nature of a substitute, 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, October 8, 
2009, a vote on cloture will occur at 5:30 p.m., on Tuesday, October 
13, 2009.                                                   
Page S10328
   A motion was entered to close further debate on 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, October 13, 2009. 
                                                            Page S10328
  A unanimous-consent-time agreement was reached providing that Senate 
resume consideration of the bill at approximately 3 p.m., on Tuesday, 
October 13, 2009, with the hour prior to the vote on the motion to 
invoke cloture on the committee-reported amendment in the nature of a 
substitute, be for debate with the time equally divided and controlled 
between Senators Mikulski and Shelby, or their designees; provided 
further, that the filing deadline for first-degree amendments be 3 p.m. 
on Tuesday, October 13, 2009.                               
Page S10328
Conference Reports:
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act Conference Report: By 76 yeas to 22 
nays (Vote No. 318), Senate agreed to the conference report to 
accompany H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010. 
                                                        Pages S10280-84
Energy and Water Development and Related Agencies Appropriations Act 
Conference Report-Cloture: Senate began consideration of the conference 
report to accompany H.R. 3183, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2010.                                         
  Page S10328
  A motion was entered to close further debate on the conference 
report, and, in accordance with the provisions of Rule XXII of the 
Standing Rules of the Senate, a vote on cloture will occur on Tuesday, 
October 13, 2009.                                           
Page S10328
  A unanimous-consent agreement was reached providing that the cloture 
vote on the conference report occur upon disposition of H.R. 2847, 
provided that if cloture is not invoked on the substitute amendment to 
H.R. 2847, then a motion to reconsider the vote by which cloture was 
not invoked on the substitute be considered entered; that the cloture 
vote on the bill be delayed to occur upon reconsideration, and that 
upon reconsideration and cloture is not invoked on the substitute, then 
the cloture motion on the bill be withdrawn; provided further, that if 
cloture has not been invoked as specified above, then the vote on the 
motion to invoke cloture on the conference report to accompany H.R. 
3183, occur one hour after the Senate convenes on Wednesday, October 
14, 2009.                                                   
Page S10328
Appointments:
  United States-China Interparliamentary Group: The Chair, on behalf of 
the President pro tempore, pursuant to 22 U.S.C. 276n, as amended, 
appointed the following Senator as Chairman of the United States-China 
Interparliamentary Group conference during the 111th Congress: Senator 
Murray.                                                     
  Page S10327
  President's Export Council: The Chair, pursuant to Executive Order 
12131, renewed by Executive Order 13446, reappointed and appointed the 
following Members to the President's Export Council:
Reappointment:
  Senator Cornyn.
Appointment:
  Senators Crapo and Enzi.                                  
Page S10327
Senators Kennedy and Martinez Tributes--Agreement: A unanimous-consent 
agreement was reached providing that the deadline for the tributes to 
Senators Kennedy and Martinez to be submitted to the Congressional 
Record be extended until Wednesday, October 14, 2009.       
  Page S10327
Message from the President: Senate received the following message from 
the President of the United States:

[[Page D1154]]


  Transmitting, pursuant to law, a message relative to the World Trade 
Organization waiver required by The Clean Diamond Trade Act; which was 
referred to the Committee on Finance. (PM-32)               
Page S10316
Nominations Confirmed: Senate confirmed the following nominations:
  Bartholomew Chilton, of Maryland, to be a Commissioner of the 
Commodity Futures Trading Commission for a term expiring April 13, 
2013. (Prior to this action, Committee on Agriculture, Nutrition, and 
Forestry was discharged from further consideration.)
  Edward M. Avalos, of New Mexico, to be Under Secretary of Agriculture 
for Marketing and Regulatory Programs. (Prior to this action, Committee 
on Agriculture, Nutrition, and Forestry was discharged from further 
consideration.)
  Jill Sommers, of Kansas, to be a Commissioner of the Commodity 
Futures Trading Commission for a term expiring April 13, 2014. (Prior 
to this action, Committee on Agriculture, Nutrition, and Forestry was 
discharged from further consideration.)
  Kenneth Albert Spearman, of Florida, to be a Member of the Farm 
Credit Administration Board, Farm Credit Administration for the 
remainder of the term expiring May 21, 2010. (Prior to this action, 
Committee on Agriculture, Nutrition, and Forestry was discharged from 
further consideration.)
  Kenneth Albert Spearman, of Florida, to be a Member of the Farm 
Credit Administration Board, Farm Credit Administration for a term 
expiring May 21, 2016.
  Edward M. Avalos, of New Mexico, to be a Member of the Board of 
Directors of the Commodity Credit Corporation. (Prior to this action, 
Committee on Agriculture, Nutrition, and Forestry was discharged from 
further consideration.)
  Scott D. O'Malia, of Michigan, to be a Commissioner of the Commodity 
Futures Trading Commission for the remainder of the term expiring April 
13, 2010 vice Walter Lukken, resigned. (Prior to this action, Committee 
on Agriculture, Nutrition, and Forestry was discharged from further 
consideration.)
  Scott D. O'Malia, of Michigan, to be a Commissioner of the Commodity 
Futures Trading Commission for a term expiring April 13, 2015. (Prior 
to this action, Committee on Agriculture, Nutrition, and Forestry was 
discharged from further consideration.)
  Harris D. Sherman, of Colorado, to be Under Secretary of Agriculture 
for Natural Resources and Environment. (Prior to this action, Committee 
on Agriculture, Nutrition, and Forestry was discharged from further 
consideration.)
  Harris D. Sherman, of Colorado, to be a Member of the Board of 
Directors of the Commodity Credit Corporation. (Prior to this action, 
Committee on Agriculture, Nutrition, and Forestry was discharged from 
further consideration.)
  Army nomination in the rank of general. 
                                        Pages S10313, S10326-27, S10329
Nominations Received: Senate received the following nominations:
  Neil G. McBride, of Tennessee, to be a Member of the Board of 
Directors of the Tennessee Valley Authority for a term expiring May 18, 
2013.
  David Huebner, of California, to be Ambassador to New Zealand, and to 
serve concurrently and without additional compensation as Ambassador to 
Samoa.
  David Daniel Nelson, of Minnesota, to be Ambassador to the Oriental 
Republic of Uruguay.
  2 Army nominations in the rank of general.
  1 Navy nomination in the rank of admiral.             
Pages S10328-29
Messages from the House:                                
  Pages S10316-17
Measures Referred:                                          
  Page S10317
Measures Read the First Time:                      
  Pages S10317, S10327
Executive Communications:                                   
  Page S10317
Executive Reports of Committees:                        
  Pages S10317-18
Additional Cosponsors:                                  
  Pages S10318-19
Statements on Introduced Bills/Resolutions:             
  Pages S10320-22
Additional Statements:                                  
  Pages S10315-16
Amendments Submitted:                                   
  Pages S10322-25
Authorities for Committees to Meet:                     
  Pages S10325-26
Record Votes: Three record votes were taken today. (Total--319) 
                                                Pages S10271-72, S10284
Adjournment: Senate convened at 9:30 a.m. and adjourned at 9:18 p.m., 
until 10 a.m. on Friday, October 9, 2009. (For Senate's program, see 
the remarks of the Majority Leader in today's Record on page S10328.)