[Congressional Record Volume 157, Number 144 (Monday, September 26, 2011)]
[Daily Digest]
[Pages D1021-D1024]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                         Monday, September 26, 2011

[[Page D1021]]

                              Daily Digest


HIGHLIGHTS

      Senate agreed to the motion to concur in the amendment of the 
      House of Representatives to the amendment of the Senate to H.R. 
      2608, Small Business Program Extension and Reform Act, with an 
      amendment.
      Senate passed H.R. 2017, Department of Homeland Security 
      Appropriations Act, as amended.


                                 Senate


Chamber Action
Routine Proceedings, pages S5961-S6009
Measures Introduced: Three bills and two resolutions were introduced, 
as follows: S. 1633-1635, and S. Res. 283-284.               
  Page S5992
Measures Passed:
  Department of Homeland Security Appropriations Act: Senate passed 
H.R. 2017, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2012, after agreeing 
to the committee amendment in the nature of a substitute, and the 
following amendments proposed thereto:                   
  Pages S5977-87
Adopted:
  Reid Amendment No. 666, in the nature of a substitute.     
Page S5987
  Reid Amendment No. 667, to amend the title.                
Page S5987
  Combating Autism Reauthorization Act: Senate passed H.R. 2005, to 
reauthorize the Combating Autism Act of 2006.                
  Page S6004
  Kate Puzey Peace Corps Volunteer Protection Act: Senate passed S. 
1280, to amend the Peace Corps Act to require sexual assault risk-
reduction and response training, the development of sexual assault 
protocol and guidelines, the establishment of victims advocates, the 
establishment of a Sexual Assault Advisory Council, after agreeing to 
the committee amendment in the nature of a substitute, and the 
following amendment proposed thereto:                    
  Pages S6004-07
  Reid (for Isakson/Boxer) Amendment No. 668, in the nature of a 
substitute.                                                  
Page S6007
  Bi-State Development Agency: Committee on the Judiciary was 
discharged from further consideration of S.J. Res. 22, to grant the 
consent of Congress to an amendment to the compact between the States 
of Missouri and Illinois providing that bonds issued by the Bi-State 
Development Agency may mature in not to exceed 40 years, and the 
resolution was then passed.                                  
  Page S6007
  Correction in the Enrollment of H.R. 2608: Senate agreed to H. Con. 
Res. 81, directing the Clerk of the House of Representatives to make a 
correction in the enrollment of H.R. 2608.                   
  Page S6007
  National Day of Remembrance for Nuclear Weapons Program Workers: 
Committee on the Judiciary was discharged from further consideration of 
S. Res. 275, designating October 30, 2011, as a national day of 
remembrance for nuclear weapons program workers, and the resolution was 
then agreed to.                                          
  Pages S6007-08
  International Year of Chemistry: Senate agreed to S. Res. 283, 
designating the year of 2011 as the ``International Year of 
Chemistry.''                                                 
  Page S6008
  National Falls Prevention Awareness Day: Senate agreed to S. Res. 
284, designating September 23, 2011, as ``National Falls Prevention 
Awareness Day'' to raise awareness and encourage the prevention of 
falls among older adults.                                    
  Page S6008
Measures Considered:
  Currency Exchange Rate Oversight Reform Act--Cloture: Senate began 
consideration of the motion to proceed to consideration of S. 1619, to 
provide for identification of misaligned currency, require action to 
correct the misalignment.                                    
Page S6003
  A motion was entered to close further debate on the motion to proceed 
to consideration of the bill,

[[Page D1022]]

and, in accordance with the provisions of Rule XXII of the Standing 
Rules of the Senate, and pursuant to the unanimous-consent agreement of 
Monday, September 26, 2011, a vote on cloture will occur on Monday, 
October 3, 2011, upon disposition of the nomination of Henry F. Floyd, 
of South Carolina, to be United States Circuit Judge for the Fourth 
Circuit.                                                     
Page S6003
  A unanimous-consent agreement was reached providing that at 3:30 
p.m., on Monday, October 3, 2011, Senate resume consideration of the 
motion to proceed to consideration of the bill, with the time until 
4:30 p.m. equally divided and controlled between the two Leaders, or 
their designees.                                             
Page S6009
House Messages:
  Small Business Program Extension and Reform Act: By 79 yeas to 12 
nays (Vote No. 153), Senate agreed to the motion to concur in the 
amendment of the House of Representatives to the amendment of the 
Senate to H.R. 2608, to provide for an additional temporary extension 
of programs under the Small Business Act and the Small Business 
Investment Act of 1958, with Reid Amendment No. 665 (to the amendment 
of the House to the amendment of the Senate to the bill), of a 
perfecting nature, 60 Senators having voted in the affirmative, and 
taking action on the following amendments and motions proposed thereto:
                                                         Pages S5966-77
Withdrawn:
  Reid Motion to refer the message of the House on the bill to the 
Committee on Appropriations with instructions, Reid Amendment No. 658, 
to change the enactment date.                                
Page S5966
  Reid Motion to concur in the amendment of the House of 
Representatives to the amendment of the Senate to the bill, with Reid 
Amendment No. 656 (to the amendment of the House to the amendment of 
the Senate to the bill), to provide continuing appropriations in fiscal 
year 2011 and additional appropriations for disaster relief in fiscal 
years 2011 and 2012.                                         
Page S5966
  During consideration of this measure today, Senate also took the 
following action:
  By 54 yeas to 35 nays (Vote No. 152), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to close further debate on the Reid Motion to 
concur in the amendment of the House of Representatives to the 
amendment of the Senate to the bill, with Reid Amendment No. 656 
(listed above).                                          
Pages S5975-76
  Reid Amendment No. 659 (to (the instructions) Amendment No. 658), of 
a perfecting nature, fell when the Reid Motion to refer the message of 
the House on the bill to the Committee on Appropriations with 
instructions, Reid Amendment No. 658 (listed above), was withdrawn. 
                                                             Page S5966
  Reid Amendment No. 660 (to Amendment No. 659), of a perfecting 
nature, fell when Reid Amendment No. 659 (to (the instructions) 
Amendment No. 658) (listed above), fell.                     
Page S5966
  Reid Amendment No. 657 (to Amendment No. 656), to change the 
enactment date, fell when the Reid Motion to concur in the amendment of 
the House of Representatives to the amendment of the Senate to the 
bill, with Reid Amendment No. 656 (listed above), was withdrawn. 
                                                             Page S5966
Treaties Approved: The following treaties having passed through their 
various parliamentary stages, up to and including the presentation of 
the resolution of ratification, upon division, two-thirds of the 
Senators present having voted in the affirmative, the resolutions of 
ratification were agreed to:
  Investment Treaty with Rwanda (Treaty Doc. 110-23); and
  Mutual Legal Assistance Treaty with Bermuda (Treaty Doc. 111-6) as 
amended.                                                     
Page S6004
Nominations--Agreement: A unanimous-consent-time agreement was reached 
providing that at 4:30 p.m., on Monday, October 3, 2011, Senate proceed 
to Executive Session and begin consideration of the following 
nominations: Henry F. Floyd, of South Carolina, to be United States 
Circuit Judge for the Fourth Circuit, Nannette Jolivette Brown, of 
Louisiana, to be United States District Judge for the Eastern District 
of Louisiana, Nancy Torresen, of Maine, to be United States District 
Judge for the District of Maine, William Francis Kuntz, II, of New 
York, to be United States District Judge for the Eastern District of 
New York, Marina Garcia Marmolejo, of Texas, to be United States 
District Judge for the Southern District of Texas, and Jennifer Guerin 
Zipps, of Arizona, to be United States District Judge for the District 
of Arizona; that there be one hour for debate equally divided in the 
usual form; that upon the use or yielding back of time, the nominations 
of Nannette Jolivette Brown, of Louisiana, to be United States District 
Judge for the Eastern District of Louisiana, Nancy Torresen, of Maine, 
to be United States District Judge for the District of Maine, William 
Francis Kuntz, II, of New York, to be United States District Judge for 
the Eastern District of New York, Marina Garcia Marmolejo, of Texas, to 
be United States District Judge for the Southern District of Texas, and 
Jennifer Guerin Zipps, of Arizona, to be United States District Judge 
for the District of Arizona be confirmed, and Senate vote without 
intervening action or debate on confirmation of the nomination of Henry 
F. Floyd, of South Carolina, to be United

[[Page D1023]]

States Circuit Judge for the Fourth Circuit; provided further, that at 
a time to be determined by the Majority Leader, after consultation with 
the Republican Leader, not prior to October 11, 2011, Senate proceed to 
Executive Session to consider the following nominations: Jane Margaret 
Triche-Milazzo, of Louisiana, to be United States District Judge for 
the Eastern District of Louisiana, Alison J. Nathan, of New York, to be 
United States District Judge for the Southern District of New York, 
Susan Owens Hickey, of Arkansas, to be United States District Judge for 
the Western District of Arkansas, and Katherine B. Forrest, of New 
York, to be United States District Judge for the Southern District of 
New York; that there be two hours for debate equally divided in the 
usual form; that upon the use or yielding back of time, Senate vote 
without intervening action or debate on confirmation of the 
nominations, in the order listed; provided further, that no further 
motions be in order to any of the nominations.               
  Page S6003
Nominations Confirmed: Senate confirmed the following nominations:
  Maurice B. Foley, of Maryland, to be a Judge of the United States Tax 
Court for a term of fifteen years.
  Juan F. Vasquez, of Texas, to be a Judge of the United States Tax 
Court for a term of fifteen years.
  Thomas M. Countryman, of Washington, to be an Assistant Secretary of 
State (International Security and Non-Proliferation).
  Walter A. Barrows, of Virginia, to be a Member of the Railroad 
Retirement Board for a term expiring August 28, 2014.
  S. Amanda Marshall, of Oregon, to be United States Attorney for the 
District of Oregon for the term of four years.
  Robert C. Granger, of New Jersey, to be a Member of the Board of 
Directors of the National Board for Education Sciences for a term 
expiring November 28, 2014.
  Anthony Bryk, of California, to be a Member of the Board of Directors 
of the National Board for Education Sciences for a term expiring 
November 28, 2015.
  Robert J. Zimmer, of Illinois, to be a Member of the National Science 
Board, National Science Foundation, for a term expiring May 10, 2016.
  Edward M. Spooner, of Florida, to be United States Marshal for the 
Northern District of Florida for the term of four years.
  Mark D. Acton, of Kentucky, to be a Commissioner of the Postal 
Regulatory Commission for a term expiring October 14, 2016. (Prior to 
this action, Committee on Homeland Security and Governmental Affairs 
was discharged from further consideration.)          
Pages S6004, S6009
  Robert G. Taub, of New York, to be a Commissioner of the Postal 
Regulatory Commission for a term expiring October 14, 2016. (Prior to 
this action, Committee on Homeland Security and Governmental Affairs 
was discharged from further consideration.)          
Pages S6004, S6009
  John A. Heffern, of Missouri, to be Ambassador to the Republic of 
Armenia.
  Constance Smith Barker, of Alabama, to be a Member of the Equal 
Employment Opportunity Commission for a term expiring July 1, 2016.
  Charles R. Korsmo, of New York, to be a Member of the Board of 
Trustees of the Barry Goldwater Scholarship and Excellence in Education 
Foundation for a term expiring October 13, 2011.
  Charles R. Korsmo, of New York, to be a Member of the Board of 
Trustees of the Barry Goldwater Scholarship and Excellence in Education 
Foundation for a term expiring October 13, 2017.
  John H. Yopp, of Kentucky, to be a Member of the Board of Trustees of 
the Barry Goldwater Scholarship and Excellence in Education Foundation 
for a term expiring October 13, 2011.
  John H. Yopp, of Kentucky, to be a Member of the Board of Trustees of 
the Barry Goldwater Scholarship and Excellence in Education Foundation 
for a term expiring October 13, 2017.
  Marcos Edward Galindo, of Idaho, to be a Member of the Board of 
Trustees of the Barry Goldwater Scholarship and Excellence in Education 
Foundation for a term expiring April 17, 2014.
  Maria E. Rengifo-Ruess, of Virginia, to be a Member of the Board of 
Trustees of the Barry Goldwater Scholarship and Excellence in Education 
Foundation for a term expiring February 4, 2014.
  Arnold F. Stancell, of Connecticut, to be a Member of the National 
Science Board, National Science Foundation, for a term expiring May 10, 
2014.
  S. Roy Woodall, Jr., of Kentucky, to be a Member of the Financial 
Stability Oversight Council for a term of six years.
  John Malcolm Bales, of Texas, to be United States Attorney for the 
Eastern District of Texas for the term of four years.
  Kenneth Magidson, of Texas, to be United States Attorney for the 
Southern District of Texas for the term of four years.
  Robert Lee Pitman, of Texas, to be United States Attorney for the 
Western District of Texas for the term of four years.
  Sarah Ruth Saldana, of Texas, to be United States Attorney for the 
Northern District of Texas for the term of four years.

[[Page D1024]]


  Joseph H. Gale, of Virginia, to be a Judge of the United States Tax 
Court for a term of fifteen years.
  Matan Aryeh Koch, of New York, to be a Member of the National Council 
on Disability for a term expiring September 17, 2013.
  David B. Barlow, of Utah, to be United States Attorney for the 
District of Utah for the term of four years.                 
Page S6009
Nominations Received: Senate received the following nominations:
  Gary Blumenthal, of Massachusetts, to be a Member of the National 
Council on Disability for a term expiring September 17, 2013.
  Susan A. Maxman, of Pennsylvania, to be a Member of the Board of 
Directors of the National Institute of Building Sciences for a term 
expiring September 7, 2012.
  Susan A. Maxman, of Pennsylvania, to be a Member of the Board of 
Directors of the National Institute of Building Sciences for a term 
expiring September 7, 2015.
  Routine lists in the Army and Navy.                        
Page S6009
Messages from the House:                                     
  Page S5992
Measures Referred:                                           
  Page S5992
Additional Cosponsors:                                   
  Pages S5992-94
Statements on Introduced Bills/Resolutions:                  
  Page S5994
Additional Statements:                                   
  Pages S5991-92
Amendments Submitted:                                 
  Pages S5994-S6003
Record Votes: Two record votes were taken today. (Total--153) 
                                                     Pages S5976, S5977
Adjournment: Senate convened at 3:30 p.m. and adjourned at 9:39 p.m., 
until 1:45 p.m. on Thursday, September 29, 2011. (For Senate's program, 
see the remarks of the Majority Leader in today's Record on page 
S6009.)