Wednesday, January 28, 2009

[[Page D81]]

                              Daily Digest


HIGHLIGHTS

      The House passed H.R. 1, American Recovery and reinvestment Act 
      of 2009.


                                 Senate


Chamber Action
Routine Proceedings, pages S949-S1006
Measures Introduced: Six bills and three resolutions were introduced, 
as follows: S. 337-342, S. Res. 24-25, and S. Con. Res. 3.
  Page S994
Measures Passed:
  Adjournment Resolution: Senate agreed to H. Con. Res. 26, providing 
for an adjournment of the House.
  Pages S1004-05
  National Data Privacy Day: Senate agreed to S. Res. 25, expressing 
support for designation of January 28, 2009, as ``National Data Privacy 
Day''.
  Page S1005
Measures Considered:
Children's Health Insurance Program Reauthorization Act: Senate 
continued consideration of H.R. 2, to amend title XXI of the Social 
Security Act to extend and improve the Children's Health Insurance 
Program, taking action on the following amendments proposed thereto: 
                                                          Pages S950-90
Rejected:
  Grassley Amendment No. 41 (to H.R. 2, as amended), to strike the 
option to provide coverage to legal immigrants and increase the 
enrollment of uninsured low income American children.
Page S950
  By 32 yeas to 65 nays (Vote No. 18), McConnell Amendment No. 40 (to 
H.R. 2, as amended), in the nature of a substitute.
Pages S954-55
  By 37 yeas to 60 nays (Vote No. 19), Martinez Amendment No. 65 (to 
H.R. 2, as amended), to restore the prohibition on funding of 
nongovernmental organizations that promote abortion as a method of 
birth control (the ``Mexico City Policy'').
Pages S955-61
  Cornyn Amendment No. 67 (to H.R. 2, as amended), to ensure 
redistributed funds go towards coverage of low-income children or 
outreach and enrollment of low-income children, rather than to States 
that will use the funds to cover children from higher income families. 
(By 64 yeas to 33 nays (Vote No. 20), Senate tabled the amendment.) 
                                                 Pages S961-62, S968-69
  By 36 yeas to 60 nays (Vote No. 21), Roberts Amendment No. 75 (to 
H.R. 2, as amended), to prohibit CHIP coverage for higher income 
children and to prohibit any payment to a State from its CHIP 
allotments for any fiscal year quarter in which the State Medicaid 
income eligibility level for children is greater than the income 
eligibility level for children under CHIP.
Pages S962-67, S969
  By 42 yeas to 56 nays (Vote No. 22), Kyl Amendment No. 46 (to H.R. 2, 
as amended), to reinstate the crowd out policy agreed to in section 116 
of H.R. 3963 (CHIPRA II), as agreed to and passed by the House and 
Senate.
Pages S967-68, S969-76, S982-86
  By 47 yeas to 51 nays (Vote No. 23), Murkowski Amendment No. 77 (to 
H.R. 2, as amended), to provide for the development of best practice 
recommendations and to ensure coverage of low-income children. 
                                                    Pages S976-78, S986
  Withdrawn:
  Webb Amendment No. 58 (to H.R. 2, as amended), to amend the Internal 
Revenue Code of 1986 to provide a revenue source through the treatment 
of income of partners for performing investment management services as 
ordinary income received for performance of services and reduce 
accordingly the tobacco tax increase as a revenue source. 
                                                          Pages S978-80
  Brown Amendment No. 79 (to H.R. 2, as amended), to strengthen and 
protect health care access, and to benefit children in need of cancer 
care or other acute care services.
Pages S980-82
Pending:
  Coburn Amendment No. 49 (to H.R. 2, as amended), to prevent fraud and 
restore fiscal accountability to the Medicaid and SCHIP programs. 
                                                          Pages S986-87

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  Coburn Amendment No. 50 (to H.R. 2, as amended), to restore fiscal 
discipline by making the Medicaid and SCHIP programs more accountable 
and efficient.
                                                              Page S987
  A unanimous-consent agreement was reached providing for further 
consideration of the bill at 9:30 a.m., on Thursday, January 29, 2009. 
                                                             Page S1005
Printing of Communication--Agreement: A unanimous-consent agreement was 
reached providing that a communication to Senator Byrd from the Office 
of Compliance related to USERRA regulations be printed in the Record.
Nominations Confirmed: Senate confirmed the following nominations:
  Christina Duckworth Romer, of California, to be a Member of the 
Council of Economic Advisers.
  (Prior to this action, Committee on Banking, Housing, and Urban 
Affairs was discharged from further consideration.)
  Dennis Cutler Blair, of Pennsylvania, to be Director of National 
Intelligence.
  James Braidy Steinberg, of Texas, to be Deputy Secretary of State.
  (Prior to this action, Committee on Foreign Relations was discharged 
from further consideration.)
  Jacob J. Lew, of New York, to be Deputy Secretary of State for 
Management and Resources.
  (Prior to this action, Committee on Foreign Relations was discharged 
from further consideration.)
  Robert L. Nabors II, of New Jersey, to be Deputy Director of the 
Office of Management and Budget.
  (Prior to this action, Committee on Budget and Committee on Homeland 
Security and Governmental Affairs were discharged from further 
consideration.)
  27 Air Force nominations in the rank of general.
  42 Army nominations in the rank of general.
  2 Marine Corps nominations in the rank of general.
  Routine lists in the Air Force, Army, Marine Corps, and Navy. 
                                               Pages S1001-04, S1005-06
Messages from the House:
  Page S994
Enrolled Bills Presented:
  Page S994
Executive Communications:
  Page S994
Additional Cosponsors:
  Pages S994-95
Statements on Introduced Bills/Resolutions:
  Pages S995-99
Additional Statements:
  Page S993
Amendments Submitted:
  Pages S999-S1001
Authorities for Committees to Meet:
  Page S1001
Privileges of the Floor:
  Page S1001
Record Votes: Six record votes were taken today. (Total--23) 
                                  Pages S954-55, S960, S969, S985, S986
Adjournment: Senate convened at 10 a.m. and adjourned at 7:32 p.m., 
until 9:30 a.m. on Thursday, January 29, 2009. (For Senate's program, 
see the remarks of the Acting Majority Leader in today's Record on page 
S1005.)

Committee Meetings
(Committees not listed did not meet)
HOUSING AND FINANCIAL CRISIS
Committee on the Budget: Committee concluded a hearing to examine 
federal response to the housing and financial crisis, after receiving 
testimony from Douglas W. Elmendorf, Director, Congressional Budget 
Office.
BUSINESS MEETING
Committee on Finance: On Tuesday, January 27, 2009, committee ordered 
favorably reported an original bill entitled, ``The American Recovery 
and Reinvestment Act''.
GLOBAL CLIMATE CHANGE
Committee on Foreign Relations: Committee concluded a hearing to 
examine global climate change, after receiving testimony from Former 
Vice President Al Gore, Nashville, Tennessee.
MUMBAI TERRORIST ATTACKS
Committee on Homeland Security and Governmental Affairs: Committee 
concluded a hearing to examine lessons from the Mumbai, India, 
terrorist attacks, after receiving testimony from Brian Michael 
Jenkins, RAND Corporation, Santa Monica, California; Ashley J. Tellis, 
Carnegie Endowment for International Peace, Washington, D.C.; and Alan 
Orlob, Marriott International Lodging, Bethesda, Maryland, and Michael 
L. Norton, Tishman Speyer, New York, New York, both on behalf of the 
Real Estate Roundtable.
ECONOMIC CRISIS
Committee on Homeland Security and Governmental Affairs: Subcommittee 
on Federal Financial Management, Government Information, Federal 
Services, and International Security concluded a hearing to examine 
impact of the economic crisis on the United States Postal Service, 
after receiving testimony from John E. Potter, Postmaster General and 
Chief Executive Officer, United States Postal Service; Dan G. Blair, 
Chairman, Postal Regulatory Commission; and Phillip Herr, Director, 
Physical Infrastructure, Government Accountability Office.

[[Page D83]]


BUSINESS MEETING
Committee on the Judiciary: Committee ordered favorably reported the 
nomination Eric H. Holder, Jr., of the District of Columbia, to be 
Attorney General.
VETERANS ORGANIZATIONS
Committee on Veterans' Affairs: Committee concluded a hearing to 
examine veterans organizations' priorities for the 111th Congress, 
after receiving testimony from Dean Stoline, The American Legion, 
Rockville, Maryland; Adrian Atizado, Disabled American Veterans, Cold 
Spring, Kentucky; Todd Bowers, Iraq and Afghanistan Veterans of 
America, New York, New York; Carl Blake, Paralyzed Veterans of America, 
Fredericksburg, Virginia; Dennis Cullinan, Veterans of Foreign Wars of 
the United States, Washington, D.C.; and John Rowan, Vietnam Veterans 
of America, Middle Village, New York.
BUSINESS MEETING
Select Committee on Intelligence: Committee ordered favorably reported 
the nomination of Dennis Blair, of Pennsylvania, to be Director of 
National Intelligence.






                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 50 public bills, H.R. 734-735, 
737-741, 743-785; 7 private bills, H.R. 736-742; and 13 resolutions, H. 
Con. Res. 29-35; and H. Res. 96-101 were introduced.
  Pages H777-80
Additional Cosponsors:
  Pages H780-81
Report Filed: A report was filed today as follows: Supplemental report 
on H.R. 598, to provide for a portion of the economic recovery package 
relating to revenue measures, unemployment, and health (H. Rept. 111-8, 
Pt. 2).
  Page H777
Speaker: Read a letter from the Speaker wherein she appointed 
Representative Tauscher to act as Speaker Pro Tempore for today. 
                                                              Page H605
Authorizing the use of the rotunda of the Capitol for a ceremony in 
honor of the bicentennial of the birth of President Abraham Lincoln: 
The House agreed to discharge from committee and agree to H. Con. Res. 
27, authorizing the use of the rotunda of the Capitol for a ceremony in 
honor of the bicentennial of the birth of President Abraham Lincoln. 
                                                              Page H607
Suspension--Failed: The House failed to agree to suspend the rules and 
pass the following measure which was debated on Tuesday, January 27th:
  DTV Delay Act: S. 328, amended, to postpone the DTV transition date, 
by a \2/3\ yea-and-nay vote of 258 yeas to 168 nays, Roll No. 41. 
                                                              Page H619
Committee Elections: The House agreed to H. Res. 96, electing the 
following Members to certain standing committees of the House of 
Representatives: Committee on Homeland Security: Representatives 
Loretta Sanchez (CA), Harman, DeFazio, Norton, Zoe Lofgren (CA), 
Jackson-Lee (TX), Cuellar, Carney, Clarke, Richardson, Kirkpatrick 
(AZ), Lujan, Pascrell, Cleaver, Al Green (TX), Himes, Kilroy, Massa, 
and Titus. Committee on Oversight and Government Reform: 
Representatives Kanjorski, Maloney, Cummings, Kucinich, Tierney, Clay, 
Watson, Lynch, Cooper, Connolly (VA), Norton, Kennedy, Davis (IL), Van 
Hollen, Cuellar, Hodes, Murphy (CT), Welch, Foster, Speier, and 
Driehaus.
  Page H619
American Recovery and Reinvestment Act of 2009: The House passed H.R. 
1, making supplemental appropriations for job preservation and 
creation, infrastructure investment, energy efficiency and science, 
assistance to the unemployed, and State and local fiscal stabilization, 
for fiscal year ending September 30, 2009, by a yea-and-nay vote of 244 
yeas to 188 nays, Roll No. 46. Consideration of the measure began on 
Tuesday, January 27th.
  Pages H607-18, H620-H749
  Rejected the Lewis (GA) motion to recommit the bill to the Committee 
on Appropriations with instructions to report the same back to the 
House forthwith with amendments, by a recorded vote of 159 ayes to 270 
noes, Roll No. 45.
Pages H746-48
  Pursuant to the rule, the amendment printed in part A of H. Rept. 
111-9 shall be considered as adopted in the House and in the Committee 
of the Whole and the bill, as amended, shall be considered as the 
original bill for the purpose of further amendment under the five-
minute rule.
Page H642
Accepted:
  Oberstar amendment (No. 1 printed in part B of H. Rept. 111-9) that 
amends the aviation, highway, rail, and transit priority consideration 
and ``use-it-or-lose-it'' provisions to require that 50 percent of the 
funds be obligated within 90 days;
Pages H711-12

[[Page D84]]


  Markey (MA) amendment (No. 2 printed in part B of H. Rept. 111-9) 
that requires that the Secretary require, as a condition of receiving 
funding under Title XIII of the Energy Independence and Security Act of 
2007, that the demonstration projects utilize Internet-based or other 
open protocols and standards if available and appropriate, and requires 
that grants recipients utilize Internet-based or other open protocols 
and standards;
Pages H712-13
  Shuster amendment (No. 3 printed in part B of H. Rept. 111-9) that 
clarifies that Federal funds received by States under the bill for 
highway maintenance shall not be used to replace existing funds in 
place for transportation project;
Pages H713-17
  Nadler (NY) amendment (No. 4 printed in part B of H. Rept. 111-9) 
that increases transit capital funding by $3 billion;
Pages H717-20
  Waters amendment (No. 6 printed in part B of H. Rept. 111-9) that 
provides that job training funds may be used for broadband deployment 
and related activities provided in the bill;
Page H721
  Kissell amendment (No. 8 printed in part B of H. Rept. 111-9) that 
expands the Berry Amendment Extension Act to include DHS to require the 
government to purchase uniforms for more than one hundred thousand 
uniformed employees from U.S. textile and apparel manufacturers; 
                                                          Pages H723-24
  Platts amendment (No. 9 printed in part B of H. Rept. 111-9) that 
inserts the text of the Whistleblower Protection Enhancement Act ( H.R. 
985 in the 110th Congress) regarding protections for federal employees 
who report waste, fraud, and abuse; and
Pages H724-31
  Teague amendment (No. 10 printed in part B of H. Rept. 111-9) that 
requires that the Recovery.gov website contain links and other 
information on how to access job information created at or by entities 
receiving funding under the bill; including links to local employment 
agencies, state, local, and other public agencies receiving recovery 
funds, and private firms contracted to perform work funded by the bill.
                                                          Pages H731-32
Rejected:
  Neugebauer amendment (No. 5 printed in part B of H. Rept. 111-9) that 
sought to strike the appropriations provisions from the bill (by a 
recorded vote of 134 ayes to 302 noes, Roll No. 42); 
                                                 Pages H720-21, H743-44
  Flake amendment (No. 7 printed in part B of H. Rept. 111-9) that 
sought to strike funding for Amtrak (by a recorded vote of 116 ayes to 
320 noes, Roll No. 43); and
Pages H721-23, H741-45
  Camp amendment in the nature of a substitute (No. 11 printed in part 
B of H. Rept. 111-9) that sought to strike everything after the 
enacting clause and add income tax rate deductions for bottom two 
income tax brackets, alternative minimum tax relief, small business 
deduction, bonus depreciation, small business expensing, expanded 
carryback of net operating losses, improved home buyer credit, 
unemployment benefit tax exemption, health insurance premium deduction, 
repeal of 3 percent withholding requirement for government contractors, 
extension of unemployment benefits, and a Sense of Congress against tax 
increases to offset outlays (by a recorded vote of 170 ayes to 266 
noes, Roll No. 44).
Pages H732-43, H45
  Agreed that the Clerk be authorized to make technical and conforming 
changes to reflect the actions of the House.
Page H749
  H. Res. 92, the rule providing for further consideration of the bill, 
was agreed to by a yea-and-nay vote of 243 yeas to 185 nays, Roll No. 
40, after agreeing to order the previous question without objection. 
                                                          Pages H609-18
  A point of order was raised against the consideration of H. Res. 92 
and it was agreed to proceed with consideration of the resolution by a 
yea-and-nay vote of 240 yeas to 174 nays, Roll No. 39.
Pages H607-09
Meeting Hour for Monday, February 2nd: Agreed that when the House 
adjourns on Monday, February 2nd, it adjourn to meet at 12:30 p.m. on 
Tuesday, February 3rd for morning hour debate.
  Page H749
Meeting Hour for Friday, January 30th: Agreed that when the House 
adjourns today, it adjourn to meet at 9 a.m. on Friday, January 30, 
2009, unless it sooner has received a message from the Senate 
transmitting its concurrence in H. Con. Res. 26, in which case the 
House shall stand adjourned pursuant to that concurrent resolution. 
                                                              Page H749
Privileged Resolution: The House agreed to H. Res. 97, changing the 
size of the Permanent Select Committee on Intelligence.
  Page H750
Committee Resignation: Read a letter from Representative Conaway, 
wherein he resigned from the Committee on the Budget.
  Page H751
Quorum Calls--Votes: Four yea-and-nay votes and four recorded votes 
developed during the proceedings of today and appear on pages H609, 
H618, H619, H744, H744-45, H745, H748, H748-49. There were no quorum 
calls.
Adjournment: The House met at 10 a.m. and adjourned at 9:36 p.m.

[[Page D85]]



Committee Meetings
COMMITTEE ORGANIZATION; COMMITTEE'S OVERSIGHT PLAN
Committee on Agriculture: Met for organizational purposes.
  The Committee also approved the Committee's Oversight Plan for the 
111th Congress.
SEXUAL ASSAULT IN THE MILITARY; VICTIM SUPPORT AND ADVOCACY
Committee on Armed Services: Subcommittee on Military Personnel held a 
hearing on Sexual Assault in the Military: Victim Support and Advocacy. 
Testimony was heard from the following officials of the Department of 
Defense: Kaye Whitley, Director and Teresa Scalzo, Senior Policy 
Advisor, both with the Sexual Assault Prevention and Response Office; 
CPT Daniel Katka, USAF, Sexual Assault Response Coordinator; SFC 
Michael Horwath, USA, Sexual Assault Response Coordinator/Victim 
Advocate; and Chief Petty Officer Tonya D. McKennie, USN, Victim 
Advocate; and a public witness.
COMMITTEE ORGANIZATION; COMMITTEE'S OVERSIGHT PLAN
Committee on Foreign Affairs: Met for organizational purposes.
  The Committee also approved the Committee's Oversight Plan for the 
111th Congress.
COMMITTEE ORGANIZATION; COMMITTEE'S OVERSIGHT PLAN
Committee on Science and Technology: Met for organizational purposes.
  The Committee also approved the Committee's Oversight Plan for the 
111th Congress.
COMMITTEE ORGANIZATION; COMMITTEE'S OVERSIGHT PLAN
Committee on Small Business: Met for organizational purposes.
  The Committee also approved the Committee's Oversight Plan for the 
111th Congress.
FREIGHT/PASSENGER RAIL OUTLOOK
Committee on Transportation and Infrastructure: Subcommittee on 
Railroads, Pipelines, and Hazardous Materials held a hearing on Freight 
and Passenger Rail: Present and Future Roles, Performance, Benefits, 
and Needs. Testimony was heard from Joseph Boardman, President and CEO, 
National Railroad Passenger Corporation (AMTRAK); and public witnesses.

Joint Meetings
  No joint committee meetings were held.






                    COMMITTEE MEETINGS FOR THURSDAY,

                            JANUARY 29, 2009

        (Committee meetings are open unless otherwise indicated)


                                 Senate

  Committee on the Budget: to hold hearings to examine the global 
economy, focusing on outlook, risks, and implications for policy, 10 
a.m., SD-608.
  Committee on Health, Education, Labor, and Pensions: to hold 
hearings to examine quality in health reform, 2 p.m., SD-430.
  Select Committee on Intelligence: to hold closed hearings to 
examine certain intelligence matters, 2:30 p.m., SH-219.


                                 House

  No committee meetings are scheduled.

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[[Page D86]]

_______________________________________________________________________


                       Next Meeting of the SENATE
                    9:30 a.m., Thursday, January 29 

                               
                             Senate Chamber
Program for Thursday: Senate will continue consideration of H.R. 2, 
Children's Health Insurance Program Reauthorization Act.

              Next Meeting of the HOUSE OF REPRESENTATIVES
                       2 p.m., Monday, February 2

                               
                             House Chamber
Program for Friday: To be announced.
_______________________________________________________________________


            Extensions of Remarks, as inserted in this issue
              HOUSE
  
Alexander, Rodney, La., E163
Bachmann, Michele, Minn., E167
Berman, Howard L., Calif., E164
Brown-Waite, Ginny, Fla., E159, E163
Calvert, Ken, Calif., E168
Castle, Michael N., Del., E164
Courtney, Joe, Conn., E163
Filner, Bob, Calif., E159, E160, E161, E163, E164, E165, E166, E167, 
E168
Gallegly, Elton, Calif., E162, E166
Gonzalez, Charles A., Tex., E160, E162
Higgins, Brian, N.Y., E168
Kilroy, Mary Jo, Ohio, E169
Markey, Edward J., Mass., E161
Matheson, Jim, Utah, E164
Miller, Jeff, Fla., E165
Mollohan, Alan B., W.Va., E168
Paul, Ron, Tex., E160, E167
Poe, Ted, Tex., E165
Price, David E., N.C., E167
Putnam, Adam H., Fla., E160, E164
Rangel, Charles B., N.Y., E169, E170
Rothman, Steven R., N.J., E163
Scott, Robert C. ``Bobby'', Va., E167
Skelton, Ike, Mo., E160
Souder, Mark E., Ind., E159, E162, E166
Speier, Jackie, Calif., E170
Visclosky, Peter J., Ind., E165
Wasserman Schultz, Debbie, Fla., E160
Wilson, Joe, S.C., E159
Young, C.W. Bill, Fla., E162