[Congressional Record Volume 156, Number 47 (Wednesday, March 24, 2010)]
[Daily Digest]
[Pages D332-D334]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                          Wednesday, March 24, 2010

[[Page D332]]

                              Daily Digest

                                 Senate


Chamber Action
Routine Proceedings, pages S1923-S2068
Measures Introduced: Five bills and one resolution were introduced, as 
follows: S. 3159-3163, and S. Res. 468.                      
  Page S2019
Measures Considered:
  Health Care and Education Affordability Reconciliation Act--
Agreement: Senate continued consideration of H.R. 4872, to provide for 
reconciliation pursuant to Title II of the concurrent resolution on the 
budget for fiscal year 2010 (S. Con. Res. 13), taking action on the 
following amendments proposed thereto:                
Pages S1923-S2012
Rejected:
  Gregg/Coburn Modified Amendment No. 3567, to prevent Medicare from 
being used for new entitlements and to use Medicare savings to save 
Medicare. (By 56 yeas to 42 nays (Vote No. 64), Senate tabled the 
amendment.)                                          
Pages S1923, S1993
  McCain Amendment No. 3570, to eliminate the sweetheart deals for 
Tennessee, Hawaii, Louisiana, Montana, Connecticut, and frontier 
States. (By 54 yeas to 43 nays (Vote No. 65), Senate tabled the 
amendment.)                                       
Pages S1923, S1993-94
  Crapo Motion to commit the bill to the Committee on Finance, with 
instructions. (By 56 yeas to 43 nays (Vote No. 66), Senate tabled the 
motion.)                                             
Pages S1923, S1994
  Enzi Motion to commit the bill to the Committee on Finance, with 
instructions. (By 58 yeas to 41 nays (Vote No. 67), Senate tabled the 
motion.)                                          
Pages S1923, S1994-95
  Barrasso Amendment No. 3582, to ensure that Americans can keep the 
coverage they have by keeping premiums affordable. (By 57 yeas to 41 
nays (Vote No. 68), Senate tabled the amendment.) 
                                                  Pages S1923, S1995-96
  Alexander Motion to commit the bill to the Committee on Health, 
Education, Labor, and Pensions, with instructions. (By 58 yeas to 41 
nays (Vote No. 70), Senate tabled the motion.) 
                                               Pages S1923-34, S1996-97
  Hatch Motion to commit the bill to the Committee on Finance, with 
instructions. (By 56 yeas to 42 nays (Vote No. 72), Senate tabled the 
motion.)                                       
Pages S1937-42, S1997-98
  Coburn Amendment No. 3556, to reduce the cost of providing federally 
funded prescription drugs by eliminating fraudulent payments and 
prohibiting coverage of Viagra for child molesters and rapists and for 
drugs intended to induce abortion. (By 57 yeas to 42 nays (Vote No. 
73), Senate tabled the amendment.)                
Pages S1942-44, S1998
  Hutchison Amendment No. 3608, to protect the right of States to opt 
out of a Federal health care takeover. (By 58 yeas to 41 nays (Vote No. 
74), Senate tabled the amendment.)             
Pages S1944-57, S1998-99
  Collins Amendment No. 3638, to improve the bill by waiving the 
$40,000 penalty on hiring previously unemployed individuals. (By 58 
yeas to 41 nays (Vote No. 75), Senate tabled the amendment.) 
                                                     Pages S1957, S1999
  Thune Amendment No. 3639, to ensure that no State experiences a net 
job loss as a result of the enactment of the SAFRA Act. (By 55 yeas to 
43 nays (Vote No. 76), Senate tabled the amendment.) 
                                               Pages S1957, S1999-S2000
  Cornyn Motion to commit the bill to the Committee on Finance, with 
instructions. (By 52 yeas to 46 nays (Vote No. 78), Senate tabled the 
motion.)                                       
Pages S1959-65, S2000-01
  Roberts Amendment No. 3579, to strike the medical device tax. (By 56 
yeas to 42 nays (Vote No. 79), Senate tabled the amendment.) 
                                                     Pages S1965, S2001
  Inhofe Amendment No. 3588, to exclude pediatric devices and devices 
for persons with disabilities from the medical device tax. (By 57 yeas 
to 41 nays (Vote No. 80), Senate tabled the amendment.) 
                                               Pages S1965-66, S2001-02
  Hatch Amendment No. 3644, to protect access for America's wounded 
warriors. (By 54 yeas to 44 nays (Vote No. 81), Senate tabled the 
amendment.)                                       
Pages S1966-72, S2002
  Burr Amendment No. 3652, to protect the integrity of Department of 
Veterans Affairs and Department of Defense health care programs for 
veterans, active-duty service members, their families, widows

[[Page D333]]

and widowers, and orphans who have sacrificed in defense of our Nation. 
(By 54 yeas to 44 nays (Vote No. 83), Senate tabled the amendment.) 
                                               Pages S1975-78, S2003-04
  Vitter Amendment No. 3553, to repeal the government takeover of 
health care. (By 58 yeas to 39 nays (Vote No. 84), Senate tabled the 
amendment.)                                       
Pages S1978-80, S2004
  Roberts Motion to commit the bill to the Committee on Finance, with 
instructions. (By 59 yeas to 37 nays (Vote No. 86), Senate tabled the 
motion.)                                       
Pages S1980-93, S2005-06
  Bunning Amendment No. 3681, to allow individuals to elect to opt out 
of the Medicare part A benefits. (By 61 yeas to 36 nays (Vote No. 87), 
Senate tabled the amendment.)                            
Pages S2006-07
  Risch/Crapo Amendment No. 3645, to repeal the limitation on itemized 
medical expense deductions. (By 55 yeas to 40 nays (Vote No. 90), 
Senate tabled the amendment.)                            
Pages S2009-10
  Vitter Amendment No. 3668, to increase women's access to breast 
cancer screenings. (By 56 yeas to 39 nays (Vote No. 92), Senate tabled 
the amendment.)                                          
Pages S2010-12
  During consideration of this measure today, Senate also took the 
following action:
  By 43 yeas to 56 nays (Vote No. 69), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive section 313 of the Congressional Budget Act 
of 1974 with respect to consideration of Grassley/Roberts Amendment No. 
3564, to make sure the President, Cabinet Members, all White House 
Senior staff and Congressional Committee and Leadership Staff are 
purchasing health insurance through the health insurance exchanges 
established by the Patient Protection and Affordable Care Act. 
Subsequently, a point of order that the amendment violates section 
313(b)(1)(C) of the Congressional Budget Act of 1974 was sustained, and 
the amendment thus fell.                             
Pages S1923, S1996
  By 40 yeas to 59 nays (Vote No. 71), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive pursuant to section 904 of the 
Congressional Budget Act of 1974 and section (4)(G)(3) of the statutory 
Pay-As-You-Go Act of 2010, all applicable sections of those acts and 
applicable budget resolutions, with respect to LeMieux Amendment No. 
3586, to enroll Members of Congress in the Medicaid program. 
Subsequently, the Chair sustained a point of order that the amendment 
violates section 313(b)(1)(C) of the Congressional Budget Act of 1974 
was sustained, and the amendment thus fell.       
Pages S1934-37, S1997
   By 43 yeas to 55 nays (Vote No. 77), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive pursuant to section 904 of the 
Congressional Budget Act of 1974 and section (4)(G)(3) of the statutory 
Pay-As-You-Go Act of 2010, all applicable sections of those acts and 
applicable budget resolutions, with respect to Thune Amendment No. 
3640, to repeal the CLASS Act. Subsequently, the Chair sustained a 
point of order that the amendment violates section 310(d)(2) of the 
Congressional Budget Act of 1974 was sustained, and the amendment thus 
fell.                                             
Pages S1957-59, S2000
   By 42 yeas to 56 nays (Vote No. 82), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive pursuant to section 904 of the 
Congressional Budget Act of 1974 and section (4)(G)(3) of the statutory 
Pay-As-You-Go Act of 2010, all applicable sections of those acts and 
applicable budget resolutions, with respect to Gregg Amendment No. 
3651, to provide for a long-term fix to the Medicare sustainable growth 
rate formula in order to improve access for Medicare beneficiaries. 
Subsequently, the Chair sustained a point of order that the amendment 
violates section 310(d)(2) of the Congressional Budget Act of 1974 was 
sustained, and the amendment thus fell.        
Pages S1972-75, S2002-03
   By 42 yeas to 54 nays (Vote No. 85), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive pursuant to section 904 of the 
Congressional Budget Act of 1974 and section (4)(G)(3) of the statutory 
Pay-As-You-Go Act of 2010, all applicable sections of those acts and 
applicable budget resolutions, with respect to Roberts Amendment No. 
3577, to protect Medicare beneficiary access to hospital care in rural 
areas from recommendations by the Independent Payment Advisory Board. 
Subsequently, the Chair sustained a point of order that the amendment 
violates section 313(d)(1)(D) of the Congressional Budget Act of 1974 
was sustained, and the amendment thus fell.       
Pages S1980, S2004-05
   By 40 yeas to 56 nays (Vote No. 88), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive pursuant to section 904 of the 
Congressional Budget Act of 1974 and section (4)(G)(3) of the statutory 
Pay-As-You-Go Act of 2010, all applicable sections of those acts and 
applicable budget resolutions, with respect to Grassley Amendment No. 
3699, to provide a temporary extension of certain programs. 
Subsequently, the Chair sustained a point of order that the amendment 
violates section

[[Page D334]]

313(b)(1)(C) of the Congressional Budget Act of 1974 was sustained, and 
the amendment thus fell.                                 
Pages S2007-08
   By 36 yeas to 59 nays (Vote No. 89), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive pursuant to section 904 of the 
Congressional Budget Act of 1974 and section (4)(G)(3) of the statutory 
Pay-As-You-Go Act of 2010, all applicable sections of those acts and 
applicable budget resolutions, with respect to Bennett Amendment No. 
3568, to protect the democratic process and the right of the people of 
the District of Columbia to define marriage. Subsequently, the Chair 
sustained a point of order that the amendment violates section 
305(b)(2) of the Congressional Budget Act of 1974 was sustained, and 
the amendment thus fell.                                 
Pages S2008-09
  By 40 yeas to 55 nays (Vote No. 91), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive pursuant to section 904 of the 
Congressional Budget Act of 1974 and section (4)(G)(3) of the statutory 
Pay-As-You-Go Act of 2010, all applicable sections of those acts and 
applicable budget resolutions, with respect to Hutchison Amendment No. 
3635, to repeal the sunset on marriage penalty relief and to make the 
election to deduct State and local sales taxes permanent. Subsequently, 
the Chair sustained a point of order that the amendment violates 
section 313(b)(1)(c) of the Congressional Budget Act of 1974 was 
sustained, and the amendment thus fell.                      
Page S2010
  A unanimous-consent agreement was reached providing for further 
consideration of the bill at 9:45 a.m., on Thursday, March 25, 2010, 
and that it be in order to offer amendments to and make points of order 
on the measure until 2 p.m.; provided further, that at 2 p.m., Senate 
vote on passage of the bill.                                 
Page S2067
Nominations Received: Senate received the following nominations:
  Carl Wieman, of Colorado, to be an Associate Director of the Office 
of Science and Technology Policy.
  Rafael Moure-Eraso, of Massachusetts, to be Chairperson of the 
Chemical Safety and Hazard Investigation Board for a term of five 
years.
  Rafael Moure-Eraso, of Massachusetts, to be a Member of the Chemical 
Safety and Hazard Investigation Board for a term of five years.
  Mark A. Griffon, of New Hampshire, to be a Member of the Chemical 
Safety and Hazard Investigation Board for a term of five years.
  Robert M. Orr, of Florida, to be United States Director of the Asian 
Development Bank, with the rank of Ambassador.               
Page S2068
Nomination Discharged: The following nomination were discharged from 
further committee consideration and placed on the Executive Calendar:
  Arthur Allen Elkins, Jr., of Maryland, to be Inspector General, 
Environmental Protection Agency, which was sent to the Senate on 
November 18, 2009, from the Senate Committee on Homeland Security and 
Governmental Affairs.                                        
Page S2068
Messages from the House:                                     
  Page S2018
Measures Referred:                                           
  Page S2018
Measures Placed on the Calendar:                     
  Pages S1923, S2018
Executive Communications:                                
  Pages S2018-19
Executive Reports of Committees:                             
  Page S2019
Additional Cosponsors:                                   
  Pages S2019-20
Statements on Introduced Bills/Resolutions:              
  Pages S2020-27
Additional Statements:                                   
  Pages S2017-18
Amendments Submitted:                                    
  Pages S2027-67
Authorities for Committees to Meet:                          
  Page S2067
Privileges of the Floor:                                     
  Page S2067
Record Votes: Twenty-nine record votes were taken today. (Total--92) 
                                            Pages S1993-S2006, S2008-12
Adjournment: Senate convened at 9 a.m. on Wednesday, March 24, 2010 and 
adjourned at 2:56 a.m. on Thursday, March 25, 2010, until 9:45 a.m. on 
the same day. (For Senate's program, see the remarks of the Acting 
Majority Leader in today's Record on pages S2067-68.)