Tuesday, November 10, 2009
[[Page D1319]]
Daily Digest
Senate
Chamber Action
Routine Proceedings, pages S11305-S11357
Measures Introduced: Twelve bills and six resolutions were introduced,
as follows: S. 2759-2770, S.J. Res. 21, and S. Res. 349-353.
Page S11344
Measures Reported:
Report to accompany S. 1670, to reform and modernize the limitations
on exclusive rights relating to secondary transmissions of certain
signals. (S. Rept. No. 111-98)
Page S11344
Measures Passed:
Airline Flight Crew Technical Corrections Act: Committee on Health,
Education, Labor, and Pensions was discharged from further
consideration of S. 1422, to amend the Family and Medical Leave Act of
1993 to clarify the eligibility requirements with respect to airline
flight crews, and the bill was then passed, after agreeing to the
following amendment proposed thereto:
Pages S11353-54
Reid (for Murray) Amendment No. 2780, to clarify a requirement
concerning hours of service.
Pages S11353-54
National Veterans History Project Week: Committee on Veterans'
Affairs was discharged from further consideration of S. Res. 340,
expressing support for designation of a National Veterans History
Project Week to encourage public participation in a nationwide project
that collects and preserves the stories of the men and women who served
our Nation in times of war and conflict, and the resolution was then
agreed to.
Page S11354
Supporting and Encouraging Greater Support for Veterans Day: Senate
agreed to S. Res. 349, supporting and encouraging greater support for
Veterans Day.
Page S11354
49th Anniversary of Integrated Schools in New Orleans: Senate agreed
to S. Res. 350, recognizing November 14, 2009, as the 49th anniversary
of the first day of integrated schools in New Orleans, Louisiana.
Pages S11354-55
National School Psychology Week: Senate agreed to S. Res. 351,
designating the week beginning on November 9, 2009, as National School
Psychology Week.
Page S11355
Temporary Forbearance on Certain Home Mortgage Payments: Senate
agreed to S. Res. 352, encouraging banks and mortgage servicers to work
with families affected by contaminated drywall to allow temporary
forbearance without penalty on payments on their home mortgages.
Page S11356
Measures Considered:
Military Construction and Veterans Affairs Appropriations Act--
Agreement: Senate continued 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 S11313-16, S11320-34
Pending:
Johnson/Hutchison Amendment No. 2730, in the nature of a substitute.
Page S11313
Udall (NM) Amendment No. 2737 (to Amendment No. 2730), to make
available from Medical Services, $150,000,000 for homeless veterans
comprehensive service programs.
Page S11313
Johnson Amendment No. 2733 (to Amendment No. 2730), to increase by
$50,000,000 the amount available for the Department of Veterans Affairs
for minor construction projects for the purpose of converting unused
Department of Veterans Affairs structures into housing with supportive
services for homeless veterans, and to provide an offset.
Page S11313
Franken/Johnson Amendment No. 2745 (to Amendment No. 2730), to ensure
that $5,000,000 is available for a study to assess the feasibility and
advisability of using service dogs for the treatment or rehabilitation
of veterans with physical or mental injuries or disabilities.
Page S11313
Inouye Amendment No. 2754 (to Amendment No. 2730), to permit
$68,500,000, as requested by the Missile Defense Agency of the
Department of Defense, to be used for the construction of a test
facility to support the Phased Adaptive Approach for missile defense in
Europe, with an offset.
Page S11313
[[Page D1320]]
Coburn Amendment No. 2757 (to Amendment No. 2730), to require public
disclosure of certain reports.
Page S11313
Durbin Amendment No. 2759 (to Amendment No. 2730), to enhance the
ability of the Department of Veterans Affairs to recruit and retain
health care administrators and providers in underserved rural areas.
Page S11313
Durbin Amendment No. 2760 (to Amendment No. 2730), to designate the
North Chicago Veterans Affairs Medical Center, Illinois, as the
``Captain James A. Lovell Federal Health Care Center''.
Page S11313
Johanns Amendment No. 2752 (to Amendment No. 2730), prohibiting use
of funds to fund the Association of Community Organizations for Reform
Now (ACORN).
Page S11313
Akaka Amendment No. 2740 (to Amendment No. 2730), to extend the
authority for a regional office of the Department of Veterans Affairs
in the Republic of the Philippines.
Pages S11320-30
Menendez Amendment No. 2741 (to Amendment No. 2730), to provide, with
an offset, an additional $4,000,000 for grants to assist States in
establishing, expanding, or improving State veterans cemeteries.
Pages S11330-34
DeMint (for Inhofe) Amendment No. 2774 (to Amendment No. 2730), to
prohibit the use of funds appropriated or otherwise made available by
this Act to construct or modify a facility in the United States or its
territories to permanently or temporarily hold any individual held at
Guantanamo Bay, Cuba.
Page S11334
DeMint Amendment No. 2779 (to Amendment No. 2730), to prohibit the
use of funds for the transfer or detention in the United States of
detainees at Naval Station Guantanamo Bay, Cuba, if certain veterans
programs for fiscal year 2010 are not fully funded.
Page S11334
A unanimous-consent-time agreement was reached providing that Senate
resume consideration of the bill at approximately 3 p.m., on Monday,
November 16, 2009, and that other than the Johnson substitute and
pending amendments, which are listed in this agreement, the following
list be the only first-degree amendments remaining in order to the
bill; and that relevant second-degree amendments be in order to the
first-degree to which offered; that a managers amendment, which has
been cleared by the managers and two Leaders, also be in order; and
that if offered, the amendment be considered and agreed to, with no
other amendments in order: Johnson Amendment No. 2733 (listed above);
Udall (NM) Amendment No. 2737 (listed above); Franken/Johnson Amendment
No. 2745 (listed above); Inouye Amendment No. 2754 (listed above);
Coburn Amendment No. 2757 (listed above); Durbin Amendment No. 2759
(listed above); Durbin Amendment No. 2760 (listed above); McCain
Amendment No. 2776 (second-degree to Inouye Amendment No. 2754); DeMint
(for Inhofe) Amendment No. 2774 (listed above); Coburn motion to commit
with instructions; DeMint Amendment No. 2779 (listed above); Menendez
Amendment No. 2741 (listed above); Akaka Amendment No. 2740 (listed
above); Johanns Amendment No. 2752 (listed above); Warner/Webb
Amendment No. 2738; Bingaman Amendment No. 2749; Levin Amendment No.
2755; Feingold Amendments Nos. 2746, 2747, and 2748; Webb Amendment No.
2756; Gillibrand Amendment No. 2762; Mikulski Amendments Nos. 2750 and
2761; McConnell Amendment No. 2773; Cochran Amendments Nos. 2751 and
2763; Ensign Amendment No. 2771; Burr Amendment No. 2743; that upon
disposition of all amendments, the substitute amendment, as amended be
agreed to; the bill, as amended, be read a third time and Senate vote
on passage of the bill, as amended; that upon passage of the bill,
Senate insist on its amendment, request a conference with the House on
the disagreeing votes of the two Houses and the Chair be authorized to
appoint conferees on the part of the Senate, with the Subcommittee,
plus Senators Leahy and Cochran, appointed as conferees; provided
further, that if a point of order is raised and sustained against the
substitute amendment, then it be in order for a new substitute
amendment to be offered, minus the offending provision but including
any language which had been previously agreed to; that the new
substitute be considered and agreed to, no further amendments be in
order, with the provisions of this agreement after adoption of the
original substitute amendment remaining in effect; provided further,
that on Monday, November 16, 2009, the time until 5:30 p.m. be equally
divided and controlled between the two Managers, or their designees;
that at 5:30 p.m., Senate vote on or in relation to the following:
Coburn Amendment No. 2757 (listed above) and the Coburn motion to
commit; provided further, that prior to these two votes, there be two
minutes of debate equally divided and controlled in the usual form;
that no further debate be in order to the bill, except any time
specified for debate prior to a vote on or in relation to any amendment
on the list.
Page S11334
Appointments:
United States-China Economic Security Review Commission: The Chair,
on behalf of the President pro tempore, pursuant to Public Law 106-398,
as amended by Public Law 108-7, in accordance with the qualifications
specified under section 1238(b)(3)(E) of Public Law 106-398, and upon
the
[[Page D1321]]
recommendation of the Republican Leader, in consultation with the
ranking members of the Senate Committee on Armed Services and the
Senate Committee on Finance, appointed the following individuals to the
United States-China Economic Security Review Commission:
Patrick A. Mulloy of Virginia, for a term beginning January 1, 2010
and expiring December 31, 2011, and
William A. Reinsch of Maryland, for a term beginning January 1, 2010
and expiring December 31, 2011.
Page S11356
Hamilton Nomination--Cloture Agreement: Senate began consideration of
the nomination of David F. Hamilton, of Indiana, to be United States
Circuit Judge for the Seventh Circuit.
Pages S11334-35
A motion was entered to close further debate on the nomination and,
in accordance with the provisions of Rule XXII of the Standing Rules of
the Senate, and pursuant to the unanimous-consent-time agreement of
Tuesday, November 10, 2009, a vote on cloture will occur upon
disposition of H.R. 3082; provided that prior to the cloture vote on
the nomination, there be 60 minutes of debate, with the time equally
divided and controlled between the Chair and Ranking Member of the
Committee on the Judiciary; provided further, that the vote not occur
prior to 2:15 p.m., on Tuesday, November 17, 2009.
Page S11335
Nomination Confirmed: Senate confirmed the following nomination:
Jeffrey L. Bleich, of California, to be Ambassador to Australia.
(Prior to this action, Committee on Foreign Relations was discharged
from further consideration.)
Pages S11356, S11357
Nominations Received: Senate received the following nominations:
Rajiv J. Shah, of Washington, to be Administrator of the United
States Agency for International Development.
Erin C. Conaton, of the District of Columbia, to be Under Secretary
of the Air Force.
Douglas A. Criscitello, of Virginia, to be Chief Financial Officer,
Department of Housing and Urban Development.
Anthony R. Coscia, of New Jersey, to be a Director of the Amtrak
Board of Directors for a term of five years.
Albert DiClemente, of Delaware, to be a Director of the Amtrak Board
of Directors for the remainder of the term expiring July 26, 2011.
Cynthia L. Attwood, of Virginia, to be a Member of the Occupational
Safety and Health Review Commission for a term expiring April 27, 2013.
Sandford Blitz, of Maine, to be Federal Cochairperson of the Northern
Border Regional Commission.
Page S11357
Messages from the House:
Page S11343
Measures Read the First Time:
Page S11343
Executive Communications:
Pages S11343-44
Additional Cosponsors:
Pages S11344-46
Statements on Introduced Bills/Resolutions:
Pages S11346-51
Additional Statements:
Pages S11341-43
Amendments Submitted:
Pages S11351-52
Notices of Hearings/Meetings:
Page S11352
Authorities for Committees to Meet:
Pages S11352-53
Privileges of the Floor:
Page S11353
Adjournment: Senate convened at 10 a.m. and adjourned, pursuant to the
provisions of H. Con. Res. 210, at 8:09 p.m., until 2 p.m. on Monday,
November 16, 2009. (For Senate's program, see the remarks of the
Majority Leader in today's Record on page S11357.)
Committee Meetings
(Committees not listed did not meet)
HOMELESS VETERANS
Committee on Banking, Housing, and Urban Affairs: Subcommittee on
Housing, Transportation and Community Development concluded a hearing
to examine ending veterans' homelessness, after receiving testimony
from Mercedes Marquez, Assistant Secretary of Housing and Urban
Development for Community Planning and Development; Peter H. Dougherty,
Director, Homeless Veterans Programs, Office of Public and
Intergovernmental Affairs, Department of Veterans Affairs; Steven R.
Berg, National Alliance to End Homelessness, Melanie Lilliston,
National Coalition for Homeless Veterans, and William Wise, all of
Washington, D.C.; Jack Fanous, G.I. Go Fund, Newark, New Jersey; and
Lila M. Guy, Twin Oaks, Pennsylvania.
PROPOSALS FOR LONG-TERM FISCAL STABILITY
Committee on the Budget: Committee concluded a hearing to examine
bipartisan process proposals for long-term fiscal stability, after
receiving testimony from Senators Feinstein, Lieberman, Bayh, and
Voinovich; Representatives Cooper and Wolf; William A. Galston,
Brookings Institution, and Maya MacGuineas, Committee for a Responsible
Federal Budget, both of Washington, D.C.; Douglas Holtz-
[[Page D1322]]
Eakin, DHE Consulting LLC, Ontario, Canada; and David Walker, Peter G.
Peterson Foundation, New York, New York.
CLIMATE CHANGE LEGISLATION
Committee on Finance: Committee concluded a hearing to examine climate
change legislation, focusing on considerations for future jobs, after
receiving testimony from Abraham Breehey, International Brotherhood of
Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers,
Fairfax, Virginia; Carol L. Berrigan, Nuclear Energy Institute, Kenneth
P. Green, American Enterprise Institute, and Margo Thorning, American
Council for Capital Formation, all of Washington, D.C.; and Van Ton-
Quinlivan, Pacific Gas and Electric Company, San Francisco, California.
FOREIGN RELATIONS TREATIES
Committee on Foreign Relations: Committee concluded a hearing to
examine Protocol Amending the Convention between the Government of the
United States of America and the Government of the French Republic for
the Avoidance of Double Taxation and the Prevention of Fiscal Evasion
with Respect to Taxes on Income and Capital, signed at Paris on August
21, 1994, as Amended by the Protocol signed on December 8, 2004, signed
January 13, 2009, at Paris, together with a related Memorandum of
Understanding, signed January 13, 2009 (Treaty Doc. 111-04), Protocol
Amending the Convention between the United States of America and New
Zealand for the Avoidance of Double Taxation and the Prevention of
Fiscal Evasion With Respect to Taxes on Income, signed on December 1,
2008, at Washington (Treaty Doc. 111-03), Convention Between the
Government of the United States of America and the Government of Malta
for the Avoidance of Double Taxation and the Prevention of Fiscal
Evasion with Respect to Taxes on Income, signed on August 8, 2008, at
Valletta (Treaty Doc. 111-01), Treaty between the Government of the
United States of America and the Government of the Republic of Rwanda
Concerning the Encouragement and Reciprocal Protection of Investment,
signed at Kigali on February 19, 2008 (Treaty Doc. 110-23), and
International Treaty on Plant Genetic Resources for Food and
Agriculture, adopted by the Food and Agriculture Organization of the
United Nations on November 3, 2001, and signed by the United States on
November 1, 2002 (the ``Treaty'') (Treaty Doc. 110-19), after receiving
testimony from Kerri-Ann Jones, Assistant Secretary for Oceans and
International Environmental and Scientific Affairs, and Wesley S.
Scholz, Director, Office of Investment Affairs, both of the Department
of State; Manal Corwin, International Tax Counsel, Department of the
Treasury; and Thomas A. Barthold, Chief of Staff, Joint Committee on
Taxation.
NOMINATIONS
Committee on Homeland Security and Governmental Affairs: Committee
concluded a hearing to examine the nominations of Erroll G. Southers,
of California, to be Assistant Secretary of Homeland Security, and
Daniel I. Gordon, of the District of Columbia, to be Administrator for
Federal Procurement Policy, after the nominees testified and answered
questions in their own behalf.
H1N1 AND PAID SICK DAYS
Committee on Health, Education, Labor, and Pensions: Subcommittee on
Children and Families concluded a hearing to examine H1N1 and paid sick
days, after receiving testimony from Representative DeLauro; Seth
Harris, Deputy Secretary of Labor; Rear Admiral Anne Schuchat,
Assistant Surgeon General, Director, National Center for Immunization
and Respiratory Diseases, Centers for Disease Control and Prevention,
Department of Health and Human Services; Debra L. Ness, National
Partnership for Women and Families, and Scott Gottlieb, American
Enterprise Institute, both of Washington, D.C.; Elissa O'Brien, Wingate
Healthcare, Needham, Massachusetts, on behalf of the Society for Human
Resource Management; and Desiree Rosado, Groton, Connecticut.
INNOCENCE PROTECTION ACT
Committee on the Judiciary: Committee concluded a hearing to examine
strengthening our criminal justice system, focusing on extending the
Innocence Protection Act, after receiving testimony from Patricia R.
Lykos, District Attorney of Harris County, Houston, Texas; Andre de
Gruy, Mississippi Office of Capital Defense Counsel, Jackson; Keith A.
Findley, University of Wisconsin Law School, Madison, on behalf of The
Innocence Network; and Barry D. Matson, Alabama District Attorneys
Association, and the Alabama Computer Forensic Laboratories,
Montgomery.
[[Page D1323]]
House of Representatives
Chamber Action
The House was not in session today. The House is scheduled to meet at
2 p.m. on Monday, November 16, 2009, pursuant to the provisions of H.
Con. Res. 210.
Committee Meetings
No committee meetings were held.
Joint Meetings
No joint committee meetings were held.
CONGRESSIONAL RECORD (USPS 087ÿ09390).
The Periodicals postage is paid at Washington, D.C.
The public proceedings of each House of Congress, as reported
by the Official Reporters thereof, are printed pursuant to
directions of the Joint Committee on Printing as authorized by
appropriate provisions of Title 44, United States Code,
and published for each day that one or both Houses are in session,
excepting very infrequent instances when two or more unusually
small consecutive issues are printed one time.
Public access to the Congressional Record is available online
through GPO Access, a service of the Government Printing Office,
free of charge to the user. The online database is updated each
day the Congressional Record is published. The database includes
both text and graphics from the beginning of the 103d Congress,
2d session (January 1994) forward. It is available through GPO
Access at www.gpo.gov/gpoaccess. Customers can also access this
information with WAIS client software, via telnet at
swais.access.gpo.gov, or dial-in using communications software
and a modem at 202ÿ09512ÿ091661. Questions or comments regarding this
database or GPO Access can be directed to the GPO Access User
Support Team at: E-Mail: gpoaccess@gpo.gov; Phone 1ÿ09888ÿ09293ÿ096498
(toll-free), 202ÿ09512ÿ091530 (D.C. area); Fax: 202ÿ09512ÿ091262.
The Team's hours of availability are Monday through Friday,
7:00 a.m. to 5:30 p.m., Eastern Standard Time,
except Federal holidays.
The Congressional Record paper and 24x microfiche edition will
be furnished by mail to subscribers, free of postage, at the
following prices: paper edition, $252.00 for six months,
$503.00 per year, or purchased as follows: less than 200 pages,
$10.50; between 200 and 400 pages, $21.00; greater than 400 pages,
$31.50, payable in advance; microfiche edition, $146.00 per year,
or purchased for $3.00 per issue payable in advance.
The semimonthly Congressional Record Index may be purchased for
the same per issue prices. To place an order for any of these
products, visit the U.S. Government Online Bookstore at:
bookstore.gpo.gov. Mail orders to: Superintendent of Documents,
P.O. Box 371954, Pittsburgh, PA 15250ÿ097954, or phone orders to
866ÿ09512ÿ091800 (toll free), 202ÿ09512ÿ091800 (D.C. area), or fax to
202ÿ09512ÿ092104. Remit check or money order, made payable to the
Superintendent of Documents, or use VISA, MasterCard, Discover,
American Express, or GPO Deposit Account.
Following each session of Congress, the daily Congressional Record
is revised, printed, permanently bound and sold by the
Superintendent of Documents in individual parts or by sets.
With the exception of copyrighted articles, there are no
restrictions on the republication of material from the
Congressional Record.
POSTMASTER:
Send address changes to the Superintendent of Documents,
Congressional Record,
U.S. Government Printing Office, Washington, D.C. 20402,
Along with the entire mailing label from the last issue received.
[[Page D1324]]
_______________________________________________________________________
Next Meeting of the SENATE
2 p.m., Monday, November 16
Senate Chamber
Program for Monday: After the transaction of any morning business (not
to extend beyond 3 p.m.), Senate will resume consideration of H.R.
3082, Military Construction and Veterans Affairs Appropriations Act,
and after a period of debate, vote on or in relation to Coburn
Amendment No. 2757 and the Coburn motion to commit at 5:30 p.m.
Next Meeting of the HOUSE OF REPRESENTATIVES
2 p.m., Monday, November 16
House Chamber
Program for Monday: To be announced.