[Congressional Record Volume 155, Number 200 (Wednesday, December 23, 2009)]
[Daily Digest]
[Pages D1515-D1516]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                            Wednesday, December 23, 2009

[[Page D1515]]

                              Daily Digest

                                 Senate

Chamber Action
Routine Proceedings, pages S13795-S13888
Measures Introduced: Five bills were introduced, as follows: S. 2926-2930. 
                                                             Pages S13882-83
Measures Reported:
  S. 69, to establish a fact-finding Commission to extend the study of a 
prior Commission to investigate and determine facts and circumstances 
surrounding the relocation, internment, and deportation to Axis countries of 
Latin Americans of Japanese descent from December 1941 through February 
1948, and the impact of those actions by the United States, and to recommend 
appropriate remedies. (S. Rept. No. 111-112)
  S. 1178, to extend Federal recognition to the Chickahominy Indian Tribe, 
the Chickahominy Indian Tribe-Eastern Division, the Upper Mattaponi Tribe, 
the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the Nansemond 
Indian Tribe, with amendments. (S. Rept. No. 111-113)            
Page S13882
Measures Passed:
  Nuclear Forensics and Attribution Act: Senate passed H.R. 730, to 
strengthen efforts in the Department of Homeland Security to develop nuclear 
forensics capabilities to permit attribution of the source of nuclear 
material, after agreeing to the committee amendment in the nature of a 
substitute.                                                  
  Pages S13886-87
  Commercial Space Transportation Liability Regime: Senate passed H.R. 3819, 
to extend the commercial space transportation liability regime, clearing the 
measure for the President.                                       
  Page S13887
Measures Considered:
Service Members Home Ownership Tax Act--Agreement: Senate continued 
consideration of H.R. 3590, to amend the Internal Revenue Code of 1986 to 
modify the first-time homebuyers credit in the case of members of the Armed 
Forces and certain other Federal employees, taking action on the following 
amendments proposed thereto:                             
  Pages S13796-S13866
Adopted:
  By 60 yes to 39 nays (Vote No. 394), Reid Amendment No. 2786, in the 
nature of a substitute.                                  
Pages S13796-S13834
Withdrawn:
  Reid (for Cardin) Amendment No. 2878 (to Amendment No. 2786), to provide 
for the establishment of Offices of Minority Health.    
Pages S13796, S13833


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

  
  On page D1515, December 23, 2009 the following language appears: 
Reid (for Cardin) Amendment No. 2878 (to Amendment No. 2786), to 
provide for the establishment of Offices of Minority Health. Page 
S13796
  
  The online Record has been corrected to read: Reid (for Cardin) 
Amendment No. 2878 (to Amendment No. 2786), to provide for the 
establishment of Offices of Minority Health. Pages S13796, S13833


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

  Reid Amendment No. 3292 (to Amendment No. 2878), to change the 
effective date.                                             
Page S13796
  During consideration of this measure today, the Senate also took the 
following action:
  By 39 yeas to 60 nays (Vote No. 389), Senate determined that the 
point of order against Reid Amendment No. 2786 (listed above), as being 
in violation of Congress's enumerated powers in article 1, section 8, 
and in being in violation of the 5th Amendment of the United States 
Constitution, was not well-taken.                       
Pages S13830-31
  By 55 yeas to 44 nays (Vote No. 390), Senate agreed to the motion to 
waive section 425(a)(2) of the Congressional Budget Act of 1974 with 
respect to Reid Amendment No. 2786 (listed above). Thus, the point of 
order raised was rendered moot.                    
Pages S13804, S13831


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

  
  On page D1515, December 23, 2009 the following language appears: 
By 55 yeas to 44 nays (Vote No. 390), Senate agreed to the motion 
to waive section 425(a)(2) of the Congressional Budget Act of 1974 
with respect to Reid Amendment No. 2786 (listed above). Thus, the 
point of order raised was rendered moot. Page S13831
  
  By 55 yeas to 44 nays (Vote No. 390), Senate agreed to the 
motion to waive section 425(a)(2) of the Congressional Budget Act 
of 1974 with respect to Reid Amendment No. 2786 (listed above). 
Thus, the point of order raised was rendered moot. Pages S13804, 
S13831


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

  Appeal of the Ruling of the Chair with respect to Senate Rule 44, 
paragraph 4 (disclosure of congressionally directed spending) on Reid 
Amendment No. 2786 (listed above). (By 57 yeas to 42 nays (Vote No. 
391), Senate tabled the Appeal.)                
Pages S13810, S13831-32


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

  
  On page D1515, December 23, 2009 the following language appears: 
Appeal of the Ruling of the Chair with respect to Senate Rule 44, 
paragraph 4 (disclosure of congressionally directed spending) on 
Reid Amendment No. 2786 (listed above). (By 57 yeas to 42 nays 
(Vote No. 391), Senate tabled the Appeal.) Pages S13831-32
  
  Appeal of the Ruling of the Chair with respect to Senate Rule 
44, paragraph 4 (disclosure of congressionally directed spending) 
on Reid Amendment No. 2786 (listed above). (By 57 yeas to 42 nays 
(Vote No. 391), Senate tabled the Appeal.) Pages S13810, S13831-32


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

  By 39 yeas to 60 nays (Vote No. 392), Senate determined that the 
point of order against Reid Amendment No. 2786 (listed above), as being 
in violation of the 10th Amendment of the United States Constitution, 
was not well-taken.                                
Pages S13822, S13832


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

  
  On page D1515, December 23, 2009 the following language appears: 
By 39 yeas to 60 nays (Vote No. 392), Senate determined that the 
point of order against Reid Amendment No. 2786 (listed above), as 
being in violation of the 10th Amendment of the United States 
Constitution, was not well-taken. Page S13832
  
  By 39 yeas to 60 nays (Vote No. 392), Senate determined that the 
point of order against Reid Amendment No. 2786 (listed above), as 
being in violation of the 10th Amendment of the United States 
Constitution, was not well-taken. Pages S13822, S13832


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

  Motion to suspend Rule 22 of the Standing Rules of the Senate for the 
purpose of proposing and considering DeMint Amendment No. 3297 (create 
point of order). (By 53 yeas to 46 nays (Vote No. 393), Senate tabled 
the Motion.)                                            
Pages S13832-33
  By 60 yeas to 39 nays (Vote No. 395), 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 S13834
  A unanimous-consent agreement was reached providing for further 
consideration of the bill at 6:45

[[Page D1516]]

a.m., on Thursday, December 24, 2009, with the time until 7 a.m. 
equally divided and controlled between the two Leaders, or their 
designees; and Senate vote on passage of the bill at 7 a.m., as 
provided for under the previous order.                      
Page S13887
Message from the President: Senate received the following message from 
the President of the United States:
  Transmitting, pursuant to law, the notification of the President's 
intention to designate the Republic of Maldives as a beneficiary 
developing country and to terminate the designations of Croatia and 
Equatorial New Guinea as beneficiary developing programs under the 
Generalized System of Preferences program; which was referred to the 
Committee on Finance. (PM-39)                               
Page S13881
McGee Nomination--Referral Agreement: A unanimous-consent agreement was 
reached providing that Committee on Environment and Public Works be 
discharged from further consideration of the nomination of Timothy 
McGee, of Louisiana, to be an Assistant Secretary of Commerce, and be 
referred to the Committee on Commerce, Science and Transportation. 
                                                            Page S13887
Nominations Received: Senate received the following nominations:
  Daniel J. Becker, of Utah, to be a Member of the Board of Directors 
of the State Justice Institute for a term expiring September 17, 2010.
  James R. Hannah, of Arkansas, to be a Member of the Board of 
Directors of the State Justice Institute for a term expiring September 
17, 2010.
  Gayle A. Nachtigal, of Oregon, to be a Member of the Board of 
Directors of the State Justice Institute for a term expiring September 
17, 2012.
  John B. Nalbandian, of Kentucky, to be a Member of the Board of 
Directors of the State Justice Institute for a term expiring September 
17, 2010.
  Andre Birotte, Jr., of California, to be United States Attorney for 
the Central District of California for the term of four years.
  David A. Capp, of Indiana, to be United States Attorney for the 
Northern District of Indiana for the term of four years.
  Richard S. Hartunian, of New York, to be United States Attorney for 
the Northern District of New York for the term of four years.
  William Joseph Hochul, Jr., of New York, to be United States Attorney 
for the Western District of New York for the term of four years.
  Ronald C. Machen, Jr., of the District of Columbia, to be United 
States Attorney for the District of Columbia for the term of four 
years.
  Anne M. Tompkins, of North Carolina, to be United States Attorney for 
the Western District of North Carolina for the term of four years.
  Sally Quillian Yates, of Georgia, to be United States Attorney for 
the Northern District of Georgia for the term of four years.
  Noel Culver March, of Maine, to be United States Marshal for the 
District of Maine for the term of four years.
  George White, of Mississippi, to be United States Marshal for the 
Southern District of Mississippi for the term of four years.
  Beatrice A. Hanson, of New York, to be Director of the Office for 
Victims of Crime.                                           
Page S13888
Nomination Withdrawn: Senate received notification of withdrawal of the 
following nomination:
  Suedeen G. Kelly, of New Mexico, to be a Member of the Federal Energy 
Regulatory Commission for the term expiring June 30, 2014, which was 
sent to the Senate on July 28, 2009.                        
Page S13888
Messages from the House:                                
  Pages S13881-82
Measures Referred:                                          
  Page S13882
Executive Communications:                                   
  Page S13882
Executive Reports of Committees:                            
  Page S13882
Additional Cosponsors:                                      
  Page S13883
Statements on Introduced Bills/Resolutions:             
  Pages S13883-86
Additional Statements:                                      
  Page S13881
Authorities for Committees to Meet:                         
  Page S13886
Privileges of the Floor:                                    
  Page S13886
Record Votes: Seven record votes were taken today. (Total--395) 
                                                        Pages S13830-34
Adjournment: Senate convened at 9:45 a.m. and adjourned at 8:15 p.m., 
until 6:45 a.m. on Thursday, December 24, 2009. (For Senate's program, 
see the remarks of the Acting Majority Leader in today's Record on page 
S13887.)