[Congressional Record Volume 157, Number 157 (Wednesday, October 19, 2011)]
[Daily Digest]
[Pages D1115-D1118]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                        Wednesday, October 19, 2011

[[Page D1115]]

                              Daily Digest

                                 Senate


Chamber Action
Routine Proceedings, pages S6701-S6788
Measures Introduced: Seven bills and two resolutions were introduced, 
as follows: S. 1734-1740, and S. Res. 299-300.               
  Page S6764
Measures Reported:
  H.R. 1843, to designate the facility of the United States Postal 
Service located at 489 Army Drive in Barrigada, Guam, as the ``John 
Pangelinan Gerber Post Office Building.''
  H.R. 1975, to designate the facility of the United States Postal 
Service located at 281 East Colorado Boulevard in Pasadena, California, 
as the ``First Lieutenant Oliver Goodall Post Office Building.''
  H.R. 2062, to designate the facility of the United States Postal 
Service located at 45 Meetinghouse Lane in Sagamore Beach, 
Massachusetts, as the ``Matthew A. Pucino Post Office.''
  H.R. 2149, to designate the facility of the United States Postal 
Service located at 4354 Pahoa Avenue in Honolulu, Hawaii, as the 
``Cecil L. Heftel Post Office Building.''
  S. 1412, to designate the facility of the United States Postal 
Service located at 462 Washington Street, Woburn, Massachusetts, as the 
``Officer John Maguire Post Office.''                        
Page S6763
Measures Passed:
  Veterans' Compensation Cost-of-Living Adjustment Act: Senate passed 
S. 894, to amend title 38, United States Code, to provide for an 
increase, effective December 1, 2011, in the rates of compensation for 
veterans with service-connected disabilities and the rates of 
dependency and indemnity compensation for the survivors of certain 
disabled veterans.                                           
  Page S6787
  National Work and Family Month: Senate agreed to S. Res. 299, 
designating October 2011 as ``National Work and Family Month.'' 
                                                             Page S6787
  Red Ribbon Week: Senate agreed to S. Res. 300, supporting the goals 
and ideals of Red Ribbon Week, 2011.                     
  Pages S6787-88
Measures Considered:
  Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act--Agreement: Senate continued 
consideration of H.R. 2112, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, taking action 
on the following amendments proposed thereto: 
                                               Pages S6708-13, S6716-58
Adopted:
  Sanders Amendment No. 816 (to Amendment No. 738), to provide amounts 
to support innovative, utility-administered energy efficiency programs 
for small businesses.                                        
Page S6708
  Reid (for Coburn) Amendment No. 793 (to Amendment No. 738), to ensure 
transparency in federally attended and funded conferences, including 
the cost to taxpayers for food, drinks, and hotel stays associated with 
federally funded conferences of more than $20,000.           
Page S6758
  Reid (for Coburn) Modified Amendment No. 798 (to Amendment No. 738), 
to prohibit the use of amounts made available by this bill to purchase 
new passenger motor vehicles.                                
Page S6758
Rejected:
  McCain Amendment No. 739 (to Amendment No. 738), to ensure that the 
critical surface transportation needs of the United States are made a 
priority by prohibiting funds from being used on lower-priority 
projects, such as transportation museums and landscaping. (By 59 yeas 
to 39 nays (Vote No. 170), Senate tabled the amendment.) 
                                               Pages S6708-13, S6716-17
Withdrawn:
  McCain Amendment No. 741 (to Amendment No. 738), to prohibit the use 
of appropriated funds to construct, fund, install, or operate certain 
ethanol blender pumps and ethanol storage facilities. 
                                                     Pages S6708, S6751
Pending:
  Reid (for Inouye) Amendment No. 738, in the nature of a substitute. 
                                                             Page S6708

[[Page D1116]]


  Reid (for Webb) Modified Amendment No. 750 (to Amendment No. 738), to 
establish the National Criminal Justice Commission.          
                                                             Page S6708
  Kohl Amendment No. 755 (to Amendment No. 738), to require a report on 
plans to implement reductions to certain salaries and expenses 
accounts.                                                    
                                                             Page S6708


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

  
  On page D1116, October 19, 2011, the following language appears: 
Kohl Amendment No. 755 (to Amendment No. 738), to require a report 
on plans to implement reductions to certain salaries and expense 
accounts. Page S6708
  
  The online Record has been corrected to read: Kohl Amendment No. 
755 (to Amendment No. 738), to require a report on plans to 
implement reductions to certain salaries and expenses accounts. 
Page S6708


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

  Durbin (for Murray) Amendment No. 772 (to Amendment No. 738), to 
strike a section providing for certain exemptions from environmental 
requirements for the reconstruction of highway facilities damaged by 
natural disasters or emergencies.                            
Page S6708
  Landrieu Amendment No. 781 (to Amendment No. 738), to prohibit the 
approval of certain farmer program loans.                    
Page S6708
  Vitter Modified Amendment No. 769 (to Amendment No. 738), to prohibit 
the Food and Drug Administration from preventing an individual not in 
the business of importing a prescription drug from importing an FDA-
approved prescription drug from Canada. 
                                        Pages S6708, S6730-31, S6749-50
  Coburn Amendment No. 791 (to Amendment No. 738), to prohibit the use 
of funds to provide direct payments to persons or legal entities with 
an average adjusted gross income in excess of $1,000,000. 
                                                  Pages S6708, S6750-51
  Coburn Modified Amendment No. 792 (to Amendment No. 738), to end 
payments to landlords who are endangering the lives of children and 
needy families.                                      
Pages S6708, S6746
  Ayotte Amendment No. 753 (to Amendment No. 738), to prohibit the use 
of funds for the prosecution of enemy combatants in Article III courts 
of the United States.           
Pages S6729-30, S6736, S6737-38, S6744, S6746-48, S6751-52
  Crapo Amendment No. 814 (to Amendment No. 738), to provide for the 
orderly implementation of the provisions of title VII of the Dodd-Frank 
Wall Street Reform and Consumer Protection Act.   
Pages S6731-32, S6750
  Merkley Amendment No. 879 (to Amendment No. 738), to prohibit amounts 
appropriated under this Act to carry out parts A and B of subtitle V of 
title 49, United States Code, from being expended unless all the steel, 
iron, and manufactured products used in the project are produced in the 
United States.                                           
Pages S6732-34
  Moran Amendment No. 815 (to Amendment No. 738), to improve the bill. 
                                                     Pages S6734, S6741
  Bingaman Modified Amendment No. 771 (to Amendment No. 738), to 
provide an additional $4,476,000, with an offset, for the Office of the 
United States Trade Representative to investigate trade violations 
committed by other countries and to enforce the trade laws of the 
United States and international trade agreements, which will fund the 
Office at the level requested in the President's budget and in H.R. 
2596, as reported by the Committee on Appropriations of the House of 
Representatives.                                         
Pages S6735-36
  Blunt (for Grassley) Amendment No. 860 (to Amendment No. 738), to 
ensure accountability in Federal grant programs administered by the 
Department of Justice.                                       
Page S6736
  Menendez Amendment No. 857 (to Amendment No. 738), to extend loan 
limits for programs of the government-sponsored enterprises, the 
Federal Housing Administration, and the Veterans Affairs 
Administration.                                              
Page S6738
  Lee Motion to recommit the bill to the Committee on Appropriations 
with instructions to report the same back to the Senate with reductions 
in spending in each division required to bring the overall spending for 
the division to fiscal year 2011 levels which shall not exceed 
$130,559,669,000 for division A (Ag), $58,786,478,000 for division B 
(CJS), and $55,368,096,000 for division C (THUD).        
Pages S6740-41
  Sessions Amendment No. 810 (to Amendment No. 738), to prohibit the 
use of funds to allow categorical eligibility for the supplemental 
nutrition assistance program.                            
Pages S6741-44
  Blunt (for DeMint) Amendment No. 763 (to Amendment No. 738), to 
prohibit the use of funds to implement regulations regarding the 
removal of essential-use designation for epinephrine used in oral 
pressurized metered-dose inhalers.                           
Page S6751
  Blunt (for DeMint) Amendment No. 764 (to Amendment No. 738), to 
eliminate a certain increase in funding.                     
Page S6751
  Lautenberg Amendment No. 836 (to Amendment No. 738), to provide 
adequate funding for Economic Development Administration disaster 
relief grants pursuant to the agreement on disaster relief funding 
included in the Budget Control Act of 2011.              
Pages S6752-53
  Gillibrand Amendment No. 869 (to Amendment No. 738), to increase 
funding for the emergency conservation program and the emergency 
watershed protection program.                            
Pages S6753-55
  A motion was entered to close further debate on the Reid (for Inouye) 
Amendment No. 738 (listed above), and, in accordance with the 
provisions of rule XXII of the Standing Rules of the Senate, a vote on 
cloture will occur upon disposition of the motion to invoke cloture on 
the motion to proceed to consideration of S. 1726, to repeal the 
imposition of withholding on certain payments made to vendors by 
government entities.                                         
Page S6758
  A motion was entered to close further debate on the bill, and, in 
accordance with the provisions of

[[Page D1117]]

rule XXII of the Standing Rules of the Senate, a vote on cloture will 
occur upon disposition of the motion to invoke cloture on Reid (for 
Inouye) Amendment No. 738 (listed above).                    
Page S6758
  A unanimous-consent agreement was reached providing that the next 
first-degree amendments in order to be called up and made pending to 
the bill and Reid (for Inouye) Amendment No. 738 (listed above), be the 
following: Brown (OH) No. 874; and Feinstein No. 855.        
Page S6758
  A unanimous-consent-time agreement was reached providing for further 
consideration of the bill at approximately 10:00 a.m., on Thursday, 
October 20, 2011; that following the disposition of the nomination of 
Heather A. Higginbottom, of the District of Columbia, to be Deputy 
Director of the Office of Management and Budget, Senate vote on or in 
relation to the following amendments: Vitter Modified Amendment No. 769 
(to Amendment No. 738) (listed above); Reid (for Webb) Modified 
Amendment No. 750 (to Amendment No. 738) (listed above); and that at 
2:00 p.m., Senate vote on or in relation to Merkley Amendment No. 879 
(to Amendment No. 738) (listed above), as modified with the changes at 
the desk; Brown (OH) No. 874, as modified with the changes that are at 
the desk; Moran Amendment No. 815 (to Amendment No. 738) (listed 
above); and Blunt (for Grassley) Amendment No. 860 (to Amendment No. 
738) (listed above); that there be no amendments or points of order 
against any of the amendments prior to the votes other than budget 
points of order; that there be two minutes equally divided in the usual 
form prior to each vote; that the Vitter Modified Amendment No. 769 (to 
Amendment No. 738); and Reid (for Webb) Modified Amendment No. 750 (to 
Amendment No. 738); Merkley Amendment No. 879 (to Amendment No. 738); 
Brown (OH) No. 874, as modified with the changes that are at the desk; 
and Blunt (for Grassley) Amendment No. 860 (to Amendment No. 738) be 
subject to a 60 affirmative vote threshold; that all after the first 
vote be ten minute votes; and that the following first-degree 
amendments filed by Senate Coburn be in order to be called up and made 
pending on Thursday, October 20, 2011: Coburn No. 794; Coburn No. 795; 
Coburn No. 796; Coburn No. 797; Coburn No. 799; Coburn No. 800; Coburn 
No. 801; and Coburn No. 833.                                 
Page S6758
Teachers and First Responders Back to Work Act--Cloture: Senate began 
consideration of the motion to proceed to consideration of S. 1723, to 
provide for teacher and first responder stabilization.       
  Page S6753
  A motion was entered to close further debate on the motion to proceed 
to consideration of 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 Friday, October 21, 2011.                           
Page S6753
  Subsequently, the motion to proceed was withdrawn.         
Page S6753
Withholding Tax Relief Act--Cloture: Senate began consideration of the 
motion to proceed to consideration of S. 1726, to repeal the imposition 
of withholding on certain payments made to vendors by government 
entities.                                                    
  Page S6753
  A motion was entered to close further debate on the motion to proceed 
to consideration of the bill, and, in accordance with the provisions of 
Rule XXII of the Standing Rules of the Senate, a vote on cloture will 
occur upon disposition of the motion to invoke cloture on the motion to 
proceed to consideration of S. 1723, to provide for teacher and first 
responder stabilization.                                     
Page S6753
  Subsequently, the motion to proceed was withdrawn.         
Page S6753
Message from the President: Senate received the following message from 
the President of the United States:
  Transmitting, pursuant to law, a report on the continuation of the 
national emergency that was declared with respect to significant 
narcotics traffickers centered in Colombia; which was referred to the 
Committee on Banking, Housing, and Urban Affairs. (PM--29)   
Page S6763
Bryson Nomination--Agreement: A unanimous-consent-time agreement was 
reached providing that at a time to be determined by the Majority 
Leader, in consultation with the Republican Leader, Senate begin 
consideration of the nomination of John Edgar Bryson, of California, to 
be Secretary of Commerce; that there be four 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 
nomination; and that the nomination be subject to a 60 vote threshold; 
and that no further motions be in order to the nomination.   
  Page S6787
Higginbottom Nomination--Agreement: A unanimous-consent-time agreement 
was reached providing that at 12:00 p.m., on Thursday, October 20, 
2011, Senate proceed to Executive Session to begin consideration of the 
nomination of Heather A. Higginbottom, of the District of Columbia, to 
be Deputy Director of the Office of Management and Budget, with two 
minutes of debate equally divided and controlled in the usual form, 
prior to a vote on confirmation of the nomination, and all other 
provisions of the order of October 13, 2011 remain in effect. 
                                                             Page S6787

[[Page D1118]]

Nominations Confirmed: Senate confirmed the following nominations:
  Mark Raymond Hornak, of Pennsylvania, to be United States District 
Judge for the Western District of Pennsylvania.    
Pages S6713-16 S6788
  Robert N. Scola, Jr., of Florida, to be United States District Judge 
for the Southern District of Florida.             
Pages S6713-16, S6788
  By 82 yeas to 17 nays (Vote No. EX. 169), Robert David Mariani, of 
Pennsylvania, to be United States District Judge for the Middle 
District of Pennsylvania.                            
Pages S6716, S6788
Executive Communications:                                    
  Page S6763
Executive Reports of Committees:                         
  Pages S6763-64
Additional Cosponsors:                                   
  Pages S6764-66
Statements on Introduced Bills/Resolutions:              
  Pages S6766-69
Additional Statements:                                   
  Pages S6761-63
Amendments Submitted:                                    
  Pages S6769-86
Notices of Intent:                                           
  Page S6786
Authorities for Committees to Meet:                          
  Page S6786
Privileges of the Floor:                                     
  Page S6787
Record Votes: Two record votes were taken today. (Total--170) 
                                                         Pages S6716-17
Adjournment: Senate convened at 9:30 a.m. and adjourned at 9:29 p.m., 
until 10:00 a.m. on Thursday, October 20, 2011. (For Senate's program, 
see the remarks of the Majority Leader in today's Record on page 
S6788.)


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

  
  On page D1118, October 19, 2011, the following language appears: 
Adjournment: Senate convened at 10:00 a.m. and adjourned at 9:29 
p.m., until 10:00 a.m. on Thursday, October 20, 2011. (For 
Senate's program, see the remarks of the Majority Leader in 
today's Record on page S6788.)
  
  The online Record has been corrected to read: Adjournment: 
Senate convened at 9:30 a.m. and adjourned at 9:29 p.m., until 
10:00 a.m. on Thursday, October 20, 2011. (For Senate's program, 
see the remarks of the Majority Leader in today's Record on page 
S6788.)


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