[Congressional Record Volume 155, Number 164 (Thursday, November 5, 2009)]
[Daily Digest]
[Pages D1292-D1294]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                         Thursday, November 5, 2009

[[Page D1292]]

                              Daily Digest


HIGHLIGHTS

      Senate passed H.R. 2847, Commerce, Justice, Science, and Related 
      Agencies Appropriations Act.


                                 Senate


Chamber Action
Routine Proceedings, pages S11131-S11237
Measures Introduced: Sixteen bills and six resolutions were introduced, 
as follows: S. 2731-2746, S. Res. 338-342, and S. Con. Res. 47. 
                                                            Page S11205
Measures Reported:
  Special Report entitled ``Further Revised Allocation to Subcommittees 
of Budget Totals from the Concurrent Resolution, Fiscal Year 2010''. 
(S. Rept. No. 111-97)
  S. 1490, to prevent and mitigate identity theft, to ensure privacy, 
to provide notice of security breaches, and to enhance criminal 
penalties, law enforcement assistance, and other protections against 
security breaches, fraudulent access, and misuse of personally 
identifiable information, with amendments.              
Pages S11204-05
Measures Passed:
  Commerce, Justice, Science, and Related Agencies Appropriations Act: 
By 71 yeas to 28 nays (Vote No. 340), Senate passed 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, agreeing to the committee-reported amendment in the nature of a 
substitute, as amended, after taking action on the following amendments 
proposed thereto:                                       
  Pages S11145-86
Adopted:
  Johanns Amendment No. 2393, prohibiting the use of funds to fund the 
Association of Community Organizations for Reform Now (ACORN). 
                                                   Pages S11148, S11172
  Durbin Modified Amendment No. 2647, to require the Comptroller 
General to review and audit Federal funds received by ACORN. 
                                                   Pages S11148, S11172
Rejected:
  By 36 yeas to 62 nays (Vote No. 336), Coburn Amendment No. 2631, to 
redirect funding of the National Science Foundation toward practical 
scientific research.                            
Pages S11148, S11169-70
  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. (By 54 yeas to 
45 nays (Vote No. 338), Senate tabled the amendment.) 
                                     Pages S11148, S11155-69, S11170-71
  During consideration of this measure today, Senate also took the 
following action:
  Pursuant to the order of Wednesday, November 4, 2009, the motion to 
proceed to the motion to reconsider the vote by which cloture was not 
invoked on the committee-reported amendment in the nature of a 
substitute on Tuesday, October 13, 2009, was agreed to.     
Page S11145
  By 60 yeas to 39 nays (Vote No. 335), three-fifths of those Senators 
duly chosen and sworn, having voted in the affirmative, Senate upon 
reconsideration agreed to the motion to close further debate on the 
committee-reported amendment in the nature of a substitute. 
                                                            Page S11148
  By 42 yeas to 57 nays (Vote No. 337), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive pursuant to section 302(f) of the 
Congressional Budget Act of 1974, with respect to Coburn Amendment No. 
2667, to reduce waste and abuse at the Department of Commerce. 
Subsequently, the point of order that the amendment would provide 
spending in excess of the subcommittee allocation was sustained, and 
the amendment thus fell.                                    
Page S11170
  By 32 yeas to 67 nays (Vote No. 339), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive pursuant to section 302(f) of the 
Congressional Budget Act of 1974, with respect to Ensign

[[Page D1293]]

Modified Amendment No. 2648, to provide additional funds for the State 
Criminal Alien Assistance Program by reducing corporate welfare 
programs. Subsequently, the point of order that the amendment would 
provide spending in excess of the subcommittee allocation was 
sustained, and the amendment thus fell.         
Pages S11148, S11171-72
  Chair sustained a point of order against the following amendments, as 
being in violation of rule XVI of the Standing Rules of the Senate, 
which prohibits legislation on an appropriation bill, or as being non-
germane post-cloture, and the amendments thus fell:         
Page S11172
  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.                                            
Pages S11146-48
  Levin/Coburn Amendment No. 2627, to ensure adequate resources for 
resolving thousands of offshore tax cases involving hidden accounts at 
offshore financial institutions.                            
Page S11148
  Begich/Murkowski Amendment No. 2646, to allow tribes located inside 
certain boroughs in Alaska to receive Federal funds for their 
activities.                                                 
Page S11148
  Shelby/Feinstein Amendment No. 2625, to provide danger pay to Federal 
agents stationed in dangerous foreign field offices.        
Page S11148
  Leahy Amendment No. 2642, to include nonprofit and volunteer ground 
and air ambulance crew members and first responders for certain 
benefits.                                                   
Page S11148
  Coburn Amendment No. 2632, to require public disclosure of certain 
reports.                                                    
Page S11148
  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 Mikulski, Inouye, Leahy, 
Kohl, Dorgan, Feinstein, Reed, Lautenberg, Nelson (NE), Pryor, Byrd, 
Shelby, Gregg, McConnell, Hutchison, Alexander, Voinovich, Murkowski, 
and Cochran.                                                
Page S11186
Cloture Motion--Agreement: A unanimous-consent agreement was reached 
providing that the motion to invoke cloture on the bill, be withdrawn. 
                                                            Page S11148
  Federal Executive Board Authorization Act: Senate passed S. 806, to 
provide for the establishment, administration, and funding of Federal 
Executive Boards, after withdrawing the committee amendment in the 
nature of a substitute, and agreeing to the following amendment 
proposed thereto:                                       
  Pages S11233-35
  Casey (for Akaka/Voinovich) Amendment No. 2736, in the nature of a 
substitute.                                             
Pages S11234-35
  Board of Directors of the Office of Compliance: Senate passed S. 
1860, to permit each current member of the Board of Directors of the 
Office of Compliance to serve for 3 terms.              
  Pages S11235-36
  National American Indian and Alaska Native Heritage Month: Senate 
agreed to S. Res. 342, recognizing National American Indian and Alaska 
Native Heritage Month and celebrating the heritage and culture of 
American Indians and Alaska Natives and the contributions of American 
Indians and Alaska Natives to the United States.            
  Page S11236
Measures Considered:
Military Construction and Veterans Affairs Appropriations Act--
Agreement: Senate began consideration of H.R. 3082, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2010, taking action on the following amendments proposed thereto: 
                                                        Pages S11187-91
Adopted:
  Johnson/Hutchison Amendment No. 2732 (to Amendment No. 2730), to make 
a technical amendment regarding the designation of funds.   
Page S11191
Pending:
  Johnson/Hutchison Amendment No. 2730, in the nature of a substitute. 
                                                        Pages S11188-91
  A unanimous-consent agreement was reached providing for further 
consideration of the bill at approximately 9:30 a.m., on Friday, 
November 6, 2009.                                           
Page S11237
Appointments:
  Commission on Wartime Contracting in Iraq and Afghanistan: The Chair, 
on behalf of the Vice President, pursuant to Public Law 110-181, and in 
consultation with the Chairmen of the Committee on Armed Services, the 
Committee on Homeland Security and Governmental Affairs, and the 
Committee on Foreign Relations, appointed the following individual to 
be a member of the Commission on Wartime Contracting in Iraq and 
Afghanistan: Katherine Schinasi of Washington, D.C. vice Linda J. 
Gustitus of the District of Columbia.                       
  Page S11236
Davis Nomination--Agreement: A unanimous-consent-time agreement was 
reached providing that at 4:30 p.m., on Monday, November 9, 2009, 
Senate begin consideration of the nomination of Andre M. Davis, of 
Maryland, to be United States Circuit Judge for the Fourth Circuit; 
that there be 60 minutes of debate with respect to the nomination, with 
the time equally divided and controlled between Senators Leahy and 
Sessions, or their designees; that

[[Page D1294]]

at 5:30 p.m., Senate vote on confirmation of the nomination. 
                                                            Page S11196
Nominations Confirmed: Senate confirmed the following nominations:
  By unanimous vote of 93 yeas (Vote No. EX. 341), Ignacia S. Moreno, 
of New York, to be an Assistant Attorney General. 
                                                Pages S11186-88, S11237
  Arturo A. Valenzuela, of the District of Columbia, to be an Assistant 
Secretary of State (Western Hemisphere Affairs).
  Rolena Klahn Adorno, of Connecticut, to be a Member of the National 
Council on the Humanities for a term expiring January 26, 2014.
  Anne S. Ferro, of Maryland, to be Administrator of the Federal Motor 
Carrier Safety Administration.
  Marvin Krislov, of Ohio, to be a Member of the National Council on 
the Humanities for a term expiring January 26, 2014.
  Susan Tsui Grundmann, of Virginia, to be Chairman of the Merit 
Systems Protection Board.
  Susan Tsui Grundmann, of Virginia, to be a Member of the Merit 
Systems Protection Board for the term of seven years expiring March 1, 
2016.
  Anne Marie Wagner, of Virginia, to be a Member of the Merit Systems 
Protection Board for the term of seven years expiring March 1, 2014.
  Benjamin B. Wagner, of California, to be United States Attorney for 
the Eastern District of California for the term of four years.
  Laurie O. Robinson, of the District of Columbia, to be an Assistant 
Attorney General.
  Cynthia L. Quarterman, of Georgia, to be Administrator of the 
Pipeline and Hazardous Materials Safety Administration, Department of 
Transportation.
  Carmen Milagros Ortiz, of Massachusetts, to be United States Attorney 
for the District of Massachusetts for the term of four years.
  Edward J. Tarver, of Georgia, to be United States Attorney for the 
Southern District of Georgia for the term of four years.
  Elizabeth M. Robinson, of Virginia, to be Chief Financial Officer, 
National Aeronautics and Space Administration.
  Patrick Gallagher, of Maryland, to be Director of the National 
Institute of Standards and Technology.             
Pages S11196, S11237
Messages From the House:                                
  Pages S11203-04
Executive Communications:                                   
  Page S11204
Executive Reports of Committees:                            
  Page S11205
Additional Cosponsors:                                  
  Pages S11205-07
Statements on Introduced Bills/Resolutions:             
  Pages S11207-23
Additional Statements:                                      
  Page S11203
Amendments Submitted:                                   
  Pages S11223-32
Authorities for Committees to Meet:                     
  Pages S11232-33
Privileges of the Floor:                                    
  Page S11233
Record Votes: Seven record votes were taken today. (Total--341) 
                                Pages S11148, S11169-72, S11175, S11187
Adjournment: Senate convened at 9:31 a.m. and adjourned at 8:31 p.m., 
until 9:30 a.m. on Friday, November 6, 2009. (For Senate's program, see 
the remarks of the Acting Majority Leader in today's Record on page 
S11237.)