Thursday, February 5, 2009

[[Page D114]]

                              Daily Digest

                                 Senate


Chamber Action
Routine Proceedings, pages S1615-S1772
Measures Introduced: Eight bills and three resolutions were introduced, 
as follows: S. 384-391, and S. Res. 28-30.
  Page S1677
Measures Reported:
  S. Res. 28, authorizing expenditures by the Senate Committee on 
Indian Affairs.
  S. Res. 30, authorizing expenditures by the Committee on Foreign 
Affairs.
Page S1677
Measures Considered:
American Recovery and Reinvestment Act: Senate continued consideration 
of 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, taking action on the 
following amendments proposed thereto:
  Pages S1617-76
Adopted:
  Dorgan Modified Amendment No. 138 (to Amendment No. 98), to provide 
for reports on the use of funds made available under this Act and the 
economic impact made by the expenditure or obligation of such funds. 
                                                             Page S1660
  Dodd Amendment No. 354 (to Amendment No. 98), to impose executive 
compensation limitations with respect to entities assisted under the 
Troubled Asset Relief Program.
Pages S1617, S1660-61
  Baucus (for McCaskill) Amendment No. 125 (to Amendment No. 98), to 
limit compensation to officers and directors of entities receiving 
emergency economic assistance from the Government.
Pages S1617, S1661
  Baucus (for McCaskill) Further Modified Amendment No. 236 (to 
Amendment No. 98), to establish funding levels for various offices of 
inspectors general and to set a date until which such funds shall 
remain available.
Pages S1617, S1663-64
  Baucus (for Boxer) Further Modified Amendment No. 363, to ensure the 
expeditious completion of National Environmental Policy Act reviews 
under applicable law.
Pages S1617, S656, S1664-65
Rejected:
  By 32 yeas to 65 nays (Vote No. 46), Feingold Amendment No. 140 (to 
Amendment No. 98), to provide greater accountability of taxpayers' 
dollars by curtailing congressional earmarking and requiring disclosure 
of lobbying by recipients of Federal funds. 
                                        Pages S1617, S1658-59, S1659-60
  By 43 yeas to 54 nays (Vote No. 47), Barrasso (for DeMint) Amendment 
No. 189 (to Amendment No. 98), to allow the free exercise of religion 
at institutions of higher education that receive funding under section 
803 of division A.
Pages S1617, S1650-51, S1661
  Barrasso Amendment No. 326 (to Amendment No. 98), to expedite reviews 
required to be carried out under the National Environmental Policy Act 
of 1969.
Pages S1617, S1665
Withdrawn:
  Baucus (for Dorgan) Amendment No. 200 (to Amendment No. 98), to amend 
the Internal Revenue Code of 1986 to provide for the taxation of income 
of controlled foreign corporations attributable to imported property. 
                                                     Pages S1617, S1660
  Baucus (for Harkin/Stabenow) Amendment No. 338 (to Amendment No. 98), 
to require the Secretary of the Treasury to carry out a program to 
enable certain individuals to trade certain old automobiles for certain 
new automobiles.
Pages S1617, S1661
Pending:
  Reid (for Inouye/Baucus) Amendment No. 98, in the nature of a 
substitute.
Page S1617
  Murray Amendment No. 110 (to Amendment No. 98), to strengthen the 
infrastructure investments made by the bill.
Page S1617
  Baucus (for Dodd) Amendment No. 145 (to Amendment No. 98), to improve 
the efforts of the Federal Government in mitigating home foreclosures 
and to require the Secretary of the Treasury to develop and implement a 
foreclosure prevention loan modification plan.
Pages S1617, S1661
  Coburn Amendment No. 176 (to Amendment No. 98), to require the use of 
competitive procedures to award contracts, grants, and cooperative 
agreements funded under this Act. (By 1 yea to 96 nays

[[Page D115]]

(Vote No. 50), Senate earlier failed to table the amendment.) 
                                                  Pages S1665-66, S1670
  Udall Amendment No. 359 (to Amendment No. 98), to expand the number 
of veterans eligible for the employment tax credit for unemployed 
veterans.
Pages S1666-67
  Coburn Amendment No. 309 (to Amendment No. 98), to ensure that 
taxpayer money is not lost on wasteful and non-stimulative projects. 
                                                         Pages S1667-69
  Sanders/Grassley Modified Amendment No. 306 (to Amendment No. 98), to 
require recipients of TARP funding to meet strict H-1B worker hiring 
standard to ensure non-displacement of U.S. workers.
Pages S1669-70
  During consideration of this measure today, Senate also took the 
following action:
  By 40 yeas to 57 nays (Vote No. 45), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive pursuant to section 306 of the 
Congressional Budget Act of 1974, with respect to McCain Modified 
Amendment No. 364 (to Amendment No. 98), in the nature of a substitute. 
Subsequently, the point of order that the amendment was in violation of 
section 306 of the Congressional Budget Act of 1974, was sustained, and 
the amendment thus fell.
Pages S1617-50, S1656, S1659
  By 35 yeas to 62 nays (Vote No. 48), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected the motion to waive the Congressional Budget Act of 1974 with 
respect to Ensign Amendment No. 353 (to Amendment No. 98), in the 
nature of a substitute. Subsequently, a point of order that the 
amendment was in violation of section 302(f) of the Congressional 
Budget Act of 1974 was sustained, and the amendment thus fell. 
                                                     Pages S1617, S1662
  By 37 yeas to 60 nays (Vote No. 49), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected the motion to waive the Congressional Budget Act of 1974 with 
respect to Grassley (for Thune) Amendment No. 197 (to Amendment No. 
98), in the nature of a substitute. Subsequently, a point of order that 
the amendment was in violation of section 311(a)(2)(b) of the 
Congressional Budget Act of 1974 was sustained, and the amendment thus 
fell.
Pages S1617, S1653-55, S1664
  A unanimous-consent agreement was reached providing for further 
consideration of the bill at 10 a.m., on Friday, February 6, 2009. 
                                                             Page S1772
Messages from the House:
  Page S1677
Measures Referred:
  Page S1677
Executive Reports of Committees:
  Page S1677
Additional Cosponsors:
  Pages S1677-79
Statements on Introduced Bills/Resolutions:
  Pages S1679-89
Additional Statements:
  Page S1677
Amendments Submitted:
  Pages S1689-S1771
Authorities for Committees to Meet:
  Pages S1771-72
Record Votes: Six record votes were taken today. (Total--50) 
                         Pages S1659, S1660, S1661, S1662, S1664, S1670
Adjournment: Senate convened at 9:30 a.m. and adjourned at 9:04 p.m., 
until 10 a.m. on Friday, February 6, 2009. (For Senate's program, see 
the remarks of the Acting Majority Leader in today's Record on page 
S1772.)

Committee Meetings
(Committees not listed did not meet)
FOOD SAFETY
Committee on Agriculture, Nutrition, and Forestry: Committee concluded 
a hearing to examine federal food safety relative to the peanut 
products recall, after receiving testimony from Stephen Sundlof, 
Director, Center for Food Safety and Applied Nutrition, Michael 
Chappell, Acting Associate Commissioner, Regulatory Affairs, and 
William K. Hubbard, Former Senior Associate Commissioner for Policy, 
Planning, and Legislation, all of the Food and Drug Association, 
Department of Health and Human Services; Rear Admiral Ali S. Khan, 
Assistant Surgeon General, Centers for Disease Control and Prevention; 
Caroline Smith DeWaal, Center for Science in the Public Interest, 
Washington, D.C.; and Gabrielle Meunier, Burlington, Vermont.
BUSINESS MEETING
Committee on Armed Services: Committee ordered favorably reported the 
nominations of William J. Lynn, III, to be Deputy Secretary, Robert F. 
Hale, to be Under Secretary (Comptroller) and Chief Financial Officer, 
Michele Flournoy, to be Under Secretary for Policy, and Jeh Charles 
Johnson, to be General Counsel, all of the Department of Defense.
TARP
Committee on Banking, Housing, and Urban Affairs: Committee concluded a 
hearing to examine the Troubled Asset Relief Program (TARP), focusing 
on oversight of the financial rescue package, after receiving testimony 
from Gene L. Dodaro, Acting Comptroller General, Government 
Accountability Office; and Neil M. Barofsky, Special Inspector General, 
and Elizabeth Warren, Chair, Congressional Oversight

[[Page D116]]

Panel, both of the Troubled Asset Relief Program, Department of the 
Treasury.
BUSINESS MEETING
Committee on Foreign Relations: Committee ordered favorably reported an 
original resolution authorizing expenditures by the Committee.
  Also, committee adopted its rules of procedure for the 111th Congress 
and announced the following subcommittee assignments:
  Subcommittee on Western Hemisphere, Peace Corps, and Global Narcotics 
Affairs: Senators Dodd (Chair), Menendez, Cardin, Webb, Gillibrand, 
Barrasso, Isakson, Risch, and Republican Leader designee.
  Subcommittee on African Affairs: Senators Feingold (Chair), Cardin, 
Webb, Kaufman, Shaheen, Isakson, DeMint, Corker, and Risch.
  Subcommittee on International Operations and Organizations, Human 
Rights, Democracy, and Global Women's Issues: Senators Boxer (Chair), 
Feingold, Menendez, Kaufman, Shaheen, Gillibrand, Wicker, DeMint, 
Barrasso, and Republican Leader designee.
  Subcommittee on International Development and Foreign Assistance, 
Economic Affairs, and International Environmental Protection: Senators 
Menendez (Chair), Boxer, Cardin, Casey, Shaheen, Gillibrand, Corker, 
Wicker, DeMint, and Republican Leader designee.
  Subcommittee on Near Eastern and South and Central Asian Affairs: 
Senators Casey (Chair), Dodd, Feingold, Boxer, Cardin, Kaufman, Risch, 
Corker, Barrasso, and Isakson.
  Subcommittee on East Asian and Pacific Affairs: Senators Webb 
(Chair), Dodd, Feingold, Boxer, Casey, Gillibrand, Republican Leader 
designee, Isakson, Barrasso, and Wicker.
  Subcommittee on European Affairs: Senators Shaheen (Chair), Dodd, 
Menendez, Casey, Webb, Kaufman, DeMint, Risch, Corker, and Wicker.
BEST PATIENT CARE PRACTICES
Committee on Health, Education, Labor, and Pensions: Committee 
concluded a hearing to examine implementing best patient care 
practices, after receiving testimony from Peter J. Pronovost, Johns 
Hopkins University, Baltimore, Maryland; Steven D. Pearson, 
Massachusetts General Hospital Institute for Clinical and Economic 
Review, Boston; Donald R. Fischer, Highmark Blue Cross Shield, 
Pittsburgh, Pennsylvania, on behalf of the Blue Cross and Blue Shield 
Association; and Jeff Gulcher, deCODE Genetics, Chicago, Illinois.
BUSINESS MEETING
Committee on Indian Affairs: Committee ordered favorably reported an 
original resolution authorizing expenditures by the Committee, and the 
rules of procedure for the 111th Congress.
HEALTH CARE
Committee on Indian Affairs: Committee concluded an oversight hearing 
to examine advancing Indian health care, after receiving testimony from 
H. Sally Smith, National Indian Health Board, and Rachel A. Joseph, 
National Steering Committee to Reauthorize the Indian Health Care 
Improvement Act, both of Washington, D.C.; Ron His Horse is Thunder, 
Great Plains Tribal Chairman's Association, Rapid City, South Dakota; 
David Rambeau, United American Indian Involvement, Los Angeles, 
California, on behalf of National Council of Urban Indian Health; 
Andrew Joseph, Jr., Northwest Portland Area Indian Health Board, 
Portland, Oregon; and Mickey Peercy, Choctaw Nation of Oklahoma, 
Durant.
NOMINATION
Committee on the Judiciary: Committee concluded a hearing to examine 
the nomination of David W. Ogden, of Virginia, to be Deputy Attorney 
General, after the nominee, who was introduced by former Senator 
Warner, testified and answered questions in his own behalf.
NOMINATION
Select Committee on Intelligence: Committee held a hearing to examine 
the nomination of Leon E. Panetta, of California, to be Director of the 
Central Intelligence Agency, the nominee testified and answered 
questions on his own behalf.
  Hearings recessed subject to the call and will meet again on Friday, 
February 6, 2009.






                        House of Representatives


Chamber Action
  The House was not in session today. The House is scheduled to meet at 
2 p.m. on Monday, February 9, 2009, pursuant to the provisions of H. 
Con. Res. 26.

[[Page D117]]



Committee Meetings
  No committee meetings were held.

Joint Meetings
  No joint committee meetings were held.






                            NEW PUBLIC LAWS

       (For last listing of Public Laws, see Daily Digest, p. D89)
  H.R. 2, to amend title XXI of the Social Security Act to extend and 
improve the Children's Health Insurance Program. Signed on February 4, 
2009. (Public Law 111-3)






                     COMMITTEE MEETINGS FOR FRIDAY,

                            FEBRUARY 6, 2009

        (Committee meetings are open unless otherwise indicated)


                                 Senate

  Select Committee on Intelligence: to continue hearings to examine 
the nomination of Leon E. Panetta, of California, to be Director of 
the Central Intelligence Agency, 10 a.m., SH-216.


                                 House

  No committee meetings are scheduled.


                             Joint Meetings

  Joint Economic Committee: to hold hearings to examine the 
employment situation for January 2009, 9:30 a.m., SD-106.

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[[Page D118]]

_______________________________________________________________________


                       Next Meeting of the SENATE
                      10 a.m., Friday, February 6 

                               
                             Senate Chamber
Program for Friday: Senate will continue consideration of H.R. 1, 
American Recovery and Reinvestment Act.

              Next Meeting of the HOUSE OF REPRESENTATIVES
                       2 p.m., Monday, February 9

                               
                             House Chamber
Program for Monday: To be announced.