Monday, April 27, 2009 [[Page D451]] Daily Digest Senate Chamber Action Routine Proceedings, pages S4725-S4763 Measures Introduced: Four bills and one resolution were introduced, as follows: S. 899-902, and S. Res. 114. Page S4755 Measures Passed: Statutory Time-Periods Technical Amendments Act: Senate passed H.R. 1626, to make technical amendments to laws containing time periods affecting judicial proceedings, clearing the measure for the President. Page S4763 Measures Considered: Fraud Enforcement and Recovery Act: Senate resumed consideration of S. 386, to improve enforcement of mortgage fraud, securities fraud, financial institution fraud, and other frauds related to federal assistance and relief programs, for the recovery of funds lost to these frauds, taking action on the following amendments proposed thereto: Pages S4735-41 During consideration of this measure today, Senate also took the following action: By 84 yeas to 4 nays (Vote No. 170), three-fifths of those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to the motion to close further debate on the committee-reported amendment in the nature of a substitute. Page S4740 Chair sustained a point of order under Rule XXII, that the following amendments were not germane, and the amendments thus fell: Reid Amendment No. 984, to increase funding for certain HUD programs to assist individuals to better withstand the current mortgage crisis. Pages S4735, S4740 Inhofe Amendment No. 996 (to Amendment No. 984), to amend title 4, United States Code, to declare English as the national language of the Government of the Untied States. Pages S4735, S4740 Vitter Amendment No. 991, to authorize and remove impediments to the repayment of funds received under the Troubled Asset Relief Program. Pages S4735, S4740 Boxer Modified Amendment No. 1000, to authorize monies for the Special Inspector General for the Troubled Asset Relief Program to audit and investigate recipients of non-recourse Federal loans under the Public Private Investment Program and the Term Asset Loan Facility. Pages S4735, S4740 Coburn Amendment No. 982, to authorize the use of TARP funds to cover the costs of the bill. Pages S4735, S4740 Thune Amendment No. 1002, to require the Secretary of the Treasury to use any amounts repaid by a financial institution that is a recipient of assistance under the Troubled Assets Relief Program for debt reduction. Pages S4735, S4740 DeMint Amendment No. 994, to prohibit the use of Troubled Asset Relief Program funds for the purchase of common stock. Pages S4735, S4740 Coburn Amendment No. 983, to require the Inspector General of the Federal Housing Finance Agency to investigate and report on the activities of Fannie Mae and Freddie Mac that may have contributed to the current mortgage crisis. Pages S4735, S4740 Kohl Amendment No. 990, to protect older Americans from misleading and fraudulent marketing practices, with the goal of increasing retirement security. Pages S4735, S4740 Ensign Amendment No. 1004, to impose certain requirements on public- private investment fund programs. Pages S4735, S4740 Ensign Amendment No. 1003 (to Amendment No. 1000), to impose certain requirements on public-private investment fund programs. Pages S4735, S4740 Hatch Amendment No. 1007, to prohibit the Department of Labor from expending Federal funds to withdraw a rule pertaining to the filing by labor organizations of an annual financial report required by the Labor-Management Reporting and Disclosure Act of 1959. Pages S4735, S4740 Fraud Enforcement and Recovery Act--Agreement: A unanimous-consent agreement was reached providing that at 12 noon, on Tuesday, April 28, 2009, Senate return to Legislative Session to resume consideration of S. 386, Fraud Enforcement and Recovery Act, and that upon passage of the bill, Senate [[Page D452]] then return to Executive Session to resume consideration of the nomination of Kathleen Sebelius, to be Secretary of Health and Human Services. Page S4763 Nominations Received: Senate received the following nominations: Pearlie S. Reed, of Arkansas, to be an Assistant Secretary of Agriculture. Thomas R. Lamont, of Illinois, to be an Assistant Secretary of the Army. John D. Porcari, of Maryland, to be Deputy Secretary of Transportation. Catherine Radford Zoi, of California, to be an Assistant Secretary of Energy (Energy, Efficiency, and Renewable Energy). William F. Brinkman, of New Jersey, to be Director of the Office of Science, Department of Energy. Anne Castle, of Colorado, to be an Assistant Secretary of the Interior. Kurt M. Campbell, of the District of Columbia, to be an Assistant Secretary of State (East Asian and Pacific Affairs). Daniel Benjamin, of the District of Columbia, to be Coordinator for Counterterrorism, with the rank and status of Ambassador at Large. Robert Orris Blake, Jr., of Maryland, to be Assistant Secretary of State for South Asian Affairs. Phyllis Corrine Borzi, of Maryland, to be an Assistant Secretary of Labor. David Heyman, of the District of Columbia, to be an Assistant Secretary of Homeland Security. Page S4763 Messages from the House: Page S4752 Measures Placed on the Calendar: Pages S4725, S4752 Executive Communications: Pages S4752-54 Petitions and Memorials: Pages S4754-55 Executive Reports of Committees: Page S4755 Additional Cosponsors: Pages S4755-56 Statements on Introduced Bills/Resolutions: Pages S4756-63 Additional Statements: Page S4751 Authorities for Committees to Meet: Page S4763 Record Votes: One record vote was taken today. (Total--170) Page S4740 Adjournment: Senate convened at 2 p.m. and adjourned at 6:34 p.m., until 10 a.m. on Tuesday, April 28, 2009. (For Senate's program, see the remarks of the Acting Majority Leader in today's Record on page S4763.) Committee Meetings (Committees not listed did not meet) BUSINESS MEETING Committee on Homeland Security and Governmental Affairs: Committee ordered favorably reported the nominations of William Craig Fugate, of Florida, to be Administrator of the Federal Emergency Management Agency, and John Morton, of Virginia, to be Assistant Secretary for Immigration and Customs Enforcement, both of the Department of Homeland Security. House of Representatives Chamber Action Public Bills and Resolutions Introduced: 32 public bills, H.R. 2100- 2131; and 8 resolutions, H. Con. Res. 109-110; and H. Res. 364, 366- 370, were introduced. Pages H4838-40 Additional Cosponsors: Page H4840 Report Filed: A report was filed on April 22, 2009 as follows: H.R. 1679, to provide for the replacement of lost income for employees of the House of Representatives who are members of a reserve component of the armed forces who are on active duty for a period of more than 30 days (H. Rept. 111-85, Pt. 1). Reports were filed today as follows: H.R. 1913, to provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, with an amendment (H. Rept. 111-86); H. Res. 365, waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules (H. Rept. 111-87); H.R. 627, to amend the Truth in Lending Act to establish fair and transparent practices relating to the extension of credit under an open end consumer credit plan, with an amendment (H. Rept. 111-88); and Conference report on S. Con. Res. 13, a resolution setting forth the congressional budget for the United [[Page D453]] States Government for fiscal year 2010, revising the appropriate budgetary levels for fiscal year 2009, and setting forth the appropriate budgetary levels for fiscal years 2011 through 2014. (H. Rept. 111-89) Pages H4774-H4836, H4838 Speaker: Read a letter from the Speaker wherein she appointed Representative Carnahan to act as Speaker pro tempore for today. Page H4737 Recess: The House recessed at 12:34 p.m. and reconvened at 2 p.m. Page H4738 Suspensions: The House agreed to suspend the rules and pass the following measures: Recognizing the anniversary of the tragic accident of the steamboat ship SS Sultana: H. Res. 329, amended, to recognize the anniversary of the tragic accident of the steamboat ship SS Sultana, by a \2/3\ yea- and-nay vote of 393 yeas with none voting ``nay'', Roll No. 207; Pages H4739-41, H4751 Supporting the goals and ideals of National Volunteer Week: H. Res. 335, to support the goals and ideals of National Volunteer Week, by a \2/3\ recorded vote of 396 ayes with none voting ``no'', Roll No. 209; Pages H4741-42, H4752-53 Supporting the goals and ideals of a National Early Educator Worthy Wage Day: H. Con. Res. 99, to support the goals and ideals of a National Early Educator Worthy Wage Day; Pages H4744-45 Pre-Disaster Mitigation Act of 2009: H.R. 1746, to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to reauthorize the pre-disaster mitigation program of the Federal Emergency Management Agency, by a \2/3\ yea-and-nay vote of 339 yeas to 56 nays, Roll No. 208; and Pages H4747-49, H4751-52 Great Lakes Icebreaker Replacement Act: H.R. 1747, to authorize appropriations for the design, acquisition, and construction of a combined buoy tender-icebreaker to replace icebreaking capacity on the Great Lakes. Pages H4749-50 Recess: The House recessed at 3:36 p.m. and reconvened at 6:30 p.m. Page H4750 Suspensions--Proceedings Postponed: The House debated the following measures under suspension of the rule. Further proceedings were postponed: Commending the University of Connecticut Huskies: H. Res. 344, to commend the University of Connecticut Huskies for their historic win in the 2009 National Collegiate Athletic Association Division I Women's Basketball Tournament and Pages H4742-44 Supporting the observance of National Child Abuse Prevention Month: H. Res. 337, to support the observance of National Child Abuse Prevention Month. Pages H4745-47 Senate Messages: Message received from the Senate by the Clerk and subsequently presented to the House today appears on page H4738. Quorum Calls--Votes: Two yea-and-nay votes and one recorded vote developed during the proceedings of today and appear on pages H4751, H4751-52, and H4752. There were no quorum calls. Adjournment: The House met at 12:30 p.m. and adjourned at 11:37 p.m. Committee Meetings U.S.-CUBA TRADE STATUS Committee on Energy and Commerce: Subcommittee on Commerce, Trade and Consumer Protection held a hearing on Examining the Status of U.S. Trade with Cuba and Its Impact on Economic Growth. Testimony was heard from the following officials of the Department of Commerce: Walter M. Bastian, Deputy Assistant Secretary, Western Hemisphere, International Trade Administration; and Matthew S. Borman, Acting Assistant Secretary, Export Administration, Bureau of Industry and Security; and public witnesses. WAIVING A REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM THE COMMITTEE ON RULES Committee on Rules: Granted, by a non-record vote, a rule waiving clause 6(a) of rule XIII (requiring a two-thirds vote to consider a rule on the same day it is reported from the Rules Committee) against certain resolutions reported from the Rules Committee. The rule applies the waiver to any resolution reported on the legislative day of April 28, 2009, providing for consideration or disposition of a conference report to accompany the concurrent resolution (S. Con. Res. 13) setting forth the congressional budget for the United States Government for fiscal year 2010, revising the appropriate budgetary levels for fiscal year 2009, and setting forth the appropriate budgetary levels for fiscal years 2011 through 2014. Joint Meetings No joint committee meetings were held. [[Page D454]] COMMITTEE MEETINGS FOR TUESDAY, APRIL 28, 2009 (Committee meetings are open unless otherwise indicated) Senate Committee on Armed Services: to hold hearings to examine the nominations of Raymond Edwin Mabus, Jr., of Mississippi, to be Secretary, and Robert O. Work, of Virginia, to be Under Secretary, both of the Department of the Navy, Elizabeth Lee King, of the District of Columbia, to be Assistant Secretary for Legislative Affairs, Michael Nacht, of California, to be Assistant Secretary for Global Strategic Affairs, and Wallace C. Gregson, of Colorado, to be Assistant Secretary for Asian and Pacific Security Affairs, all of the Department of Defense, Donald Michael Remy, of Virginia, to be General Counsel, and Jo-Ellen Darcy, of Maryland, to be Assistant Secretary for Civil Works, both of the Department of the Army, and Ines R. Triay, of New Mexico, to be Assistant Secretary of Energy for Environmental Management, 9 a.m., SD-106. Committee on Banking, Housing, and Urban Affairs: business meeting to consider the nominations of Ronald C. Sims, of Washington, to be Deputy Secretary, Peter A. Kovar, of Maryland, to be Assistant Secretary for Congressional and Intergovernmental Affairs, Helen R. Kanovsky, of Maryland, to be General Counsel, David H. Stevens, of Virginia, to be Assistant Secretary for Housing-Federal Housing Commission, and John D. Trasvina, of California, to be Assistant Secretary for Fair Housing and Equal Opportunity, all of the Department of Housing and Urban Development, David S. Cohen, of Maryland, to be Assistant Secretary of the Treasury for Terrorist Financing, and Fred P. Hochberg, of New York, to be President of the Export-Import Bank of the United States, 10 a.m., SD-538. Committee on Commerce, Science, and Transportation: Subcommittee on Consumer Protection, Product Safety, and Insurance, to hold hearings to examine formaldehyde in textiles and consumer products, 10:30 a.m., SR-253. Subcommittee on Surface Transportation and Merchant Marine, to hold hearings to examine the future of national surface transportation policy, 2:30 p.m., SR-253. Committee on Energy and Natural Resources: to hold hearings to examine financing for deployment of clean energy and energy efficiency technologies and to enhance United States' competitiveness in this market through the creation of a Clean Energy Deployment Administration within the Department of Energy, 10 a.m., SD-366. Committee on Environment and Public Works: to hold hearings to examine the nominations of Michelle DePass, of New York, and Cynthia J. Giles, of Rhode Island, both to be Assistant Administrators, and Mathy Stanislaus, of New Jersey, to be Assistant Administrator for Office of Solid Waste, all of the Environmental Protection Agency, 10 a.m., SD-406. Committee on Foreign Relations: to hold hearings to examine war powers in the 21st Century, 10 a.m., SD-419. Full Committee, to hold hearings to examine the nomination of Harold Hongju Koh, of Connecticut, to be Legal Adviser of the Department of State, 2:15 p.m., SD-419. Committee on Health, Education, Labor, and Pensions: Subcommittee on Employment and Workplace Safety, to hold hearings to examine introducing meaningful incentives for safe workplaces and meaningful roles for victims and their families, 10:30 a.m., SD-430. Full Committee, to hold hearings to examine individual state experiences with health care reform coverage initiatives in the context of national reform, 2:30 p.m., SD-430. Committee on Homeland Security and Governmental Affairs: to hold hearings to examine cyber security, focusing on developing a national strategy, 10 a.m., SD-342. Subcommittee on Federal Financial Management, Government Information, Federal Services, and International Security, to hold hearings to examine advancing America into the 21st Century and a digital future, 2:30 p.m., SD-342. Committee on the Judiciary: to hold hearings to examine the Victims of Crime Act, focusing on 25 years of protecting and supporting victims, 10 a.m., SD-226. Select Committee on Intelligence: to hold closed hearings to examine certain intelligence matters, 2:30 p.m., S-407, Capitol. House Committee on Appropriations, Subcommittee on Commerce, Justice, Science and Related Agencies, on the Department of Commerce, 10 a.m., 2359 Rayburn. Subcommittee on Financial Services, General Government and Related Agencies, on Member Requests, 10 a.m., 2362-B Rayburn. Subcommittee on Interior, Environment and Related Agencies, on Public Witnesses, 9:30 a.m., B-308 Rayburn. Subcommittee on Legislative Branch, on GAO, Office of Compliance, and GPO, 1 p.m., H-144 Capitol. Committee on Armed Services, Subcommittee on Oversight and Investigations, hearing on the Acquisition Workforce: Merely a Business Expense or a Force Multiplier for the Warfighter? 10 a.m., 2118 Rayburn. Committee on Education and Labor, hearing on OSHA's Penalties Adequate to Deter Health and Safety Violations, 10 a.m., 2175 Rayburn. Committee on Financial Services, to consider the following measures: H.R. 1327, Iran Sanctions Enabling Act of 2009; and H.R. 1728, Mortgage Reform and Anti-Predatory Lending Act, 10 a.m., 2128 Rayburn. Committee on the Judiciary, to mark up the following bills: H.R. 1748, Fight Fraud Act of 2009; H.R. 1788, False Claims Act Correction Act of 2009; H.R. 1676, PACT Act, H.R. 1667, War Profiteering Prevention Act of 2009; and H.R. 1741, Witness Security and Protection Grant Program Act of 2009, 10:15 a.m., 2141 Rayburn. Subcommittee on Courts and Competition Policy, hearing on Bye Bye Bargains? Retail Price Fixing, the Leegin Decision, and Its Impact on Consumer Prices, 3 p.m., 2141 Rayburn. [[Page D455]] Committee on Natural Resources, Subcommittee on Water and Power, oversight hearing entitled ``American Recovery and Reinvestment Act Funds for the Bureau of Reclamation and the Water Resources Division of the United States Geological Survey (USGS), 10 a.m., 1324 Longworth. Committee on Oversight and Government Reform, Subcommittee on Government Management, Organization and Procurement, oversight hearing on U.S. Agency for International Development: Management Challenges and Strategic Objectives, 9 a.m., 2154 Rayburn. Committee on Rules, to consider the following: H.R. 1913, Local Law Enforcement Hate Crimes Prevention Act of 2009; and a General Debate Rule on H.R. 627, Credit Cardholders' Bill of Rights Act of 2009, General Debate Rule, 1 p.m., H-313 Capitol. Committee on Science and Technology, Subcommittee on Energy and Environment, hearing on Pushing the Efficiency Envelope: R&D for High-Performance Buildings, Industries and Consumers, 10 a.m., 2318 Rayburn. Subcommittee on Space and Aeronautics, hearing on Keeping the Space Environment Safe for Civil and Commercial Users, 2 p.m., 2318 Rayburn. Committee on Transportation and Infrastructure, Subcommittee on Highways and Transit, hearing on High Priority Project Program, 10 a.m., 2167 Rayburn. Committee on Veterans' Affairs, Subcommittee on Oversight and Investigations, hearing on Leaving No One Behind: Is the Federal Recovery Coordination Program Working? 10 a.m., 334 Cannon. Committee on Ways and Means, Subcommittee on Social Security, oversight hearing on the Social Security Administration's provisions in the American Recovery and Reinvestment Act of 2009, 2 p.m., B-318 Rayburn. Permanent Select Committee on Intelligence, executive, briefing on Funding Intelligence Priorities, 1:30 p.m., 304-HVC. Joint Meetings Joint Economic Committee: to hold hearings to examine new evidence on the persistence of the gender pay gap, 10 a.m., 2172-RHOB. CONGRESSIONAL RECORD (USPS 087ÿ09390). The Periodicals postage is paid at Washington, D.C. 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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 D456]] _______________________________________________________________________ Next Meeting of the SENATE 10 a.m., Tuesday, April 28 __________ Senate Chamber Program for Tuesday: Senate will begin consideration of the nomination of Kathleen Sebelius, to be Secretary of Health and Human Services, and after a period of debate, vote on the confirmation thereon. Also, Senate will continue consideration of S. 386, Fraud Enforcement and Recovery Act, and vote on the bill thereon at 12:00 noon. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.) Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Tuesday, April 28 __________ House Chamber Program for Tuesday: Consideration of the following suspensions: (1) H. Res. 340--Expressing sympathy to the victims, families, and friends of the tragic act of violence at the American Civic Association in Binghamton, New York; (2) H. Res. 341--Expressing heartfelt sympathy for the victims and families of the shootings in Geneva and Coffee Counties in Alabama, on March 10, 2009; (3) H.R. 1595--To designate the facility of the United States Postal Service located at 3245 Latta Road in Rochester, New York, as the ``Brian K. Schramm Post Office Building''; (4) H. Res. 342--Expressing support for designation of May 2, 2009, as ``Vietnamese Refugees Day''; (5) H. Res. 357--Supporting the goals and ideals of Financial Literacy Month 2009; (6) H.R. 1243-- To provide for the award of a gold medal on behalf of Congress to Arnold Palmer in recognition of his service to the Nation in promoting excellence and good sportsmanship in golf; (7) H.R. 46--Family Self- Sufficiency Act of 2009; (8) H. Con. Res. 36--Calling on the President and the allies of the United States to engage with officials of the Government of Iran to raise the case of Robert Levinson at every opportunity; (9) H. Res. 76--Mourning the horrific loss of life in January 2009 caused by a landslide in Guatemala and an earthquake in Costa Rica and expressing the sense of Congress that the United States should assist the affected people and communities; (10) S. 735-- Protecting Incentives for the Adoption of Children with Special Needs Act of 2009; (11) H. Res. 109--Supporting the mission and goals of 2009 National Crime Victims' Rights; and (12) H. Con. Res. 104--Supporting the goals and ideals of National Sexual Assault Awareness and Prevention Month. _______________________________________________________________________ Extensions of Remarks, as inserted in this issue HOUSE Andrews, Robert E., N.J., E983 Bachmann, Michele, Minn., E973, E982 Connolly, Gerald E., Va., E985 Courtney, Joe, Conn., E981, E982 Cuellar, Henry, Tex., E980, E983 Cummings, Elijah E., Md., E986 Davis, Danny K., Ill., E984, E986, E987, E988 Dent, Charles W., Pa., E973 Fattah, Chaka, Pa., E984 Filner, Bob, Calif., E989 Fleming, John, La., E989 Frank, Barney, Mass., E983 Gallegly, Elton, Calif., E987 Gordon, Bart, Tenn., E974 Graves, Sam, Mo., E974 Gutierrez, Luis V., Ill., E975 Halvorson, Deborah L., Ill., E974, E976 Holt, Rush D., N.J., E975 Issa, Darrell E., Calif., E979 Johnson, Sam, Tex., E980, E982 Lofgren, Zoe, Calif., E985 Lowey, Nita M., N.Y., E979, E988 Luetkemeyer, Blaine, Mo., E979 McCarthy, Carolyn, N.Y., E977, E983 McCotter, Thaddeus G., Mich., E985 McGovern, James P., Mass., E987 McIntyre, Mike, N.C., E988 Maloney, Carolyn B., N.Y., E976 Michaud, Michael H., Me., E981 Miller, Gary G., Calif., E987 Mitchell, Harry E., Ariz., E973, E984 Moore, Dennis, Kans., E980 Murphy, Christopher S., Conn., E978 Murphy, Patrick J., Pa., E981 Pingree, Chellie, Me., E986 Price, Tom, Ga., E976 Ryan, Tim, Ohio, E979 Schwartz, Allyson Y., Pa., E973, E974 Skelton, Ike, Mo., E982 Stark, Fortney Pete, Calif., E975 Tauscher, Ellen O., Calif., E981 Whitfield, Ed, Ky., E978 Wu, David, Ore., E983