Proceedings, Debates of the U.S. Congress
October 18, 2011
112th Congress, 1st Session
Issue: Vol. 157, No. 156 — Daily Edition
Entire Issue (PDF)
Daily Digest Section (PDF)
Tuesday, October 18, 2011
Mt. Andrea Lawrence Designation Act: Committee on Energy and Natural Resources was discharged from further consideration of S. 925, to designate Mt. Andrea Lawrence, and the bill was then passed.
La Pine Land Conveyance Act: Senate passed S. 270, to direct the Secretary of the Interior to convey certain Federal land to Deschutes County, Oregon, after agreeing to the committee amendment.
Salmon Lake Land Selection Resolution Act: Senate passed S. 292, to resolve the claims of the Bering Straits Native Corporation and the State of Alaska to land adjacent to Salmon Lake in the State of Alaska and to provide for the conveyance to the Bering Straits Native Corporation of certain other public land in partial satisfaction of the land entitlement of the Corporation under the Alaska Native Claims Settlement Act, after agreeing to the committee amendment.
Little Wood River Ranch Hydroelectric Project: Senate passed S. 333, to reinstate and extend the deadline for commencement of construction of a hydroelectric project involving the Little Wood River Ranch.
American Falls Reservoir Hydroelectric Project: Senate passed S. 334, to reinstate and extend the deadline for commencement of construction of a hydroelectric project involving the American Falls Reservoir.
Land Grant Patent: Senate passed S. 404, to modify a land grant patent issued by the Secretary of the Interior.
C.C. Cragin Dam and Reservoir: Senate passed H.R. 489, to clarify the jurisdiction of the Secretary of the Interior with respect to the C.C. Cragin Dam and Reservoir.
Hoover Power Allocation Act: Senate passed H.R. 470, to further allocate and expand the availability of hydroelectric power generated at Hoover Dam.
Ski Area Recreational Opportunity Enhancement Act: Senate passed H.R. 765, to amend the National Forest Ski Area Permit Act of 1986 to clarify the authority of the Secretary of Agriculture regarding additional recreational uses of National Forest System land that is subject to ski area permits.
Enrollment Corrections: Senate agreed to S. Con. Res. 32, to authorize the Clerk of the House of Representatives to make technical corrections in the enrollment of H.R. 470, an Act to further allocate and expand the availability of hydroelectric power generated at Hoover Dam.
National Day on Writing: Senate agreed to S. Res. 298, expressing support for the designation of October 20, 2011, as the ``National Day on Writing''.
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 S6633–38, S6638–53, S6657
By a unanimous vote of 99 yeas (Vote No. 167), Cornyn Modified Amendment No. 775 (to Amendment No. 738), to prohibit funding for Operation Fast and Furious or similar ``gun walking'' programs.
Pages S6633, S6634–36, S6638, S6648–49
Collins Amendment No. 804 (to Amendment No. 738), to prohibit the use of funds to implement a rule that sets maximum limits on the serving of vegetables in school meal programs or is inconsistent with the recommendations of the most recent Dietary Guidelines for Americans for vegetables.
By 44 yeas to 55 nays (Vote No. 168), McCain Amendment No. 740 (to Amendment No. 738), to eliminate funding for the trade adjustment assistance for firms program.
Pages S6633, S6638, S6639–44, S6645–46, S6649
Reid (for Inouye) Amendment No. 738, in the nature of a substitute.
Kohl Amendment No. 755 (to Amendment No. 738), to require a report on plans to implement reductions to certain salaries and expenses accounts.
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.
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.
Pages S6633, S6644–45, S6646–48
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.
Sanders Amendment No. 816 (to Amendment No. 738), to provide amounts to support innovative, utility-administered energy efficiency programs for small businesses.
Vitter 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.
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.
Coburn Amendment No. 792 (to Amendment No. 738), to end payments to landlords who are endangering the lives of children and needy families.
A unanimous-consent agreement was reached providing for further consideration of the bill at approximately 10:30 a.m., on Wednesday, October 19, 2011; that the time until noon be equally divided between Senators McCain and Boxer, or their designees, for debate on the McCain Amendment No. 739 (to Amendment No. 738) (listed above); that at noon, Senate vote on or in relation to McCain Amendment No. 739 (to Amendment No. 738); that there be no amendments or points of order in order to the amendment prior to the vote other than budget points of order.
Nominations Confirmed: Senate confirmed the following nominations:
Dan W. Mozena, of Iowa, to be Ambassador to the People's Republic of Bangladesh.
Mary Beth Leonard, of Massachusetts, to be Ambassador to the Republic of Mali.
Adrienne S. O'Neal, of Michigan, to be Ambassador to the Republic of Cape Verde.
Thomas Charles Krajeski, of Virginia, to be Ambassador to the Kingdom of Bahrain.
Robert A. Mandell, of Florida, to be Ambassador to Luxembourg.
Mark Francis Brzezinski, of Virginia, to be Ambassador to Sweden.
Nominations Received: Senate received the following nominations:
Wendy M. Spencer, of Florida, to be Chief Executive Officer of the Corporation for National and Community Service.
Alfredo J. Balsera, of Florida, to be a Member of the United States Advisory Commission on Public Diplomacy for a term expiring July 1, 2014.
Gina K. Abercrombie-Winstanley, of Ohio, to be Ambassador to the Republic of Malta.
Julissa Reynoso, of New York, to be Ambassador to the Oriental Republic of Uruguay.
Robert E. Whitehead, of Florida, to be Ambassador to the Togolese Republic.
1 Air Force nomination in the rank of general.
Routine lists in the Air Force, and Army.
Statements on Introduced Bills/Resolutions:
Authorities for Committees to Meet:
Record Votes: Two record votes were taken today. (Total--168)
Adjournment: Senate convened at 10:00 a.m. and adjourned at 7:37 p.m., until 9:30 a.m. on Wednesday, October 19, 2011. (For Senate's program, see the remarks of the Majority Leader in today's Record on page S6693.)
Committee on Commerce, Science, and Transportation: Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security concluded a hearing to examine pipeline safety since San Bruno and other recent incidents, after receiving testimony from Cynthia L. Quarterman, Administrator, Pipeline and Hazardous Materials Safety Administration, Department of Transportation; Deborah A.P. Hersman, Chairman, National Transportation Safety Board; Nick Stavropoulos, Pacific Gas and Electric Company, San Francisco, California; Rick Kessler, Pipeline Safety Trust, Bellingham, Washington; and Donald F. Santa, Interstate Natural Gas Association of America, and Christina Sames, American Gas Association, both of Washington, D.C.
OIL SPILLS IN FOREIGN OUTER CONTINENTAL SHELF
Committee on Energy and Natural Resources: Committee concluded a hearing to examine the status of response capability and readiness for oil spills in foreign Outer Continental Shelf waters adjacent to United States waters, after receiving testimony from Michael R. Bromwich, Director, Bureau of Safety and Environmental Enforcement, Department of the Interior; Vice Admiral Brian M. Salerno, Deputy Commandant for Operations, United States Coast Guard, Department of Homeland Security; Jorge R. Pinon, Florida International University Latin American and Caribbean Center Cuban Research Institute, Miami; Mark Myers, University of Alaska, Fairbanks; and Paul Schuler, Clean Caribbean and Americas, Fort Lauderdale, Florida.
REVIEW OF THE 2011 FLOODS
Committee on Environment and Public Works: Committee concluded a hearing to examine a review of the 2011 floods and the condition of the nation's flood control systems, after receiving testimony from Jo Ellen Darcy, Assistant Secretary of the Army for Civil Works, Department of Defense; Mayor A C Wharton, Jr., Memphis, Tennessee; Brian Dunnigan, Nebraska Department of Natural Resources Director, Lincoln; Gerald E. Galloway, University of Maryland, College Park; Larry A. Larson, Association of State Floodplain Managers, Inc., Madison, Wisconsin; Buzz Mattelin, Montana Wheat and Barley Committee, Culbertson; Terence J. McGean, Ocean City Engineer, Ocean City, Maryland; and Michael R. Lorino, Jr., Associated Branch Pilots, Metairie, Louisiana.
TAX REFORM OPTIONS
Committee on Finance: Committee concluded a hearing to examine tax reform options, focusing on incentives for charitable giving, after receiving testimony from Frank J. Sammartino, Assistant Director for Tax Analysis, Congressional Budget Office; Elder Dallin H. Oaks, Church of Jesus Christ of Latter-day Saints, Salt Lake City, Utah; C. Eugene Steuerle, Urban Institute, and Roger Colinvaux, Catholic University of America Columbus School of Law, both of Washington, D.C.; Brian A. Gallagher, United Way Worldwide, Alexandria, Virginia; Monsignor Timothy C. Senior, Catholic Archdiocese of Philadelphia, Philadelphia, Pennsylvania; and Russell D. Moore, Southern Baptist Theological Seminary, Louisville, Kentucky.
TEN YEARS AFTER 9/11 AND THE ANTHRAX ATTACKS
Committee on Homeland Security and Governmental Affairs: Committee concluded a hearing to examine ten years after 9/11 and the anthrax attacks, focusing on protecting against biological threats, after receiving testimony from Tara O'Toole, Under Secretary for Science and Technology Directorate, Alexander G. Garza, Assistant Secretary for Health Affairs and Chief Medical Officer, both of the Department of Homeland Security; Nicole Lurie, Assistant Secretary of Health and Human Services for Preparedness and Response; Vahid Majidi, Assistant Director, Weapons of Mass Destruction Directorate, Federal Bureau of Investigation, Department of Justice; Robert P. Kadlec, former Special Assistant to the President for Biodefense Policy, Washington, D.C.; Thomas Inglesby, University of Pittsburgh Medical Center Center for Biosecurity, Baltimore, Maryland; and Jeffrey Levi, Trust for America's Health, Alexandria, Virginia.
THE RECESSION AND OLDER AMERICANS
Committee on Health, Education, Labor, and Pensions: Subcommittee on Primary Health and Aging concluded a hearing to examine the recession and older Americans, focusing on income security and the effect of the 2007–2009 recession on older adults, after receiving testimony from Barbara D. Bovbjerg, Managing Director, Education, Workforce, and Income Security Issues, Government Accountability Office; Eric Kingson, Syracuse University School of Social Work, Syracuse, New York; Sandra Nathan, National Council on Aging (NCOA), and Heidi Hartmann, Institute for Women's Policy Research, both of Washington, D.C.; and Gail Ruggles, Lyndonville, Vermont.
SMALL BUSINESS JOBS ACT
Committee on Small Business and Entrepreneurship: Committee concluded a hearing to examine the Small Business Jobs Act of 2010, one year later, after receiving testimony from Timothy F. Geithner, Secretary of the Treasury.
Select Committee on Intelligence: Committee held closed hearings on intelligence matters, receiving testimony from officials of the intelligence community.
Committee recessed subject to the call.
House of Representatives
Reports Filed: Reports were filed as follows:
H.R. 2576, to amend the Internal Revenue Code of 1986 to modify the calculation of modified adjusted gross income for purposes of determining eligibility for certain healthcare-related programs (H. Rept. 112–254);
H.R. 2192, to exempt for an additional 4-year period, from the application of the means-test presumption of abuse under chapter 7, qualifying members of reserve components of the Armed Forces and members of the National Guard who, after September 11, 2001, are called to active duty or to perform a homeland defense activity for not less than 90 days (H. Rept. 112–256).
Speaker: Read a letter from the Speaker wherein he appointed Representative Harris to act as Speaker pro tempore for today.
Chaplain: The prayer was offered by the guest chaplain, Reverend Andrea Martin, St. Patrick's Episcopal Church, Washington, DC.
Senate Message: Message received from the Senate by the Clerk and subsequently presented to the House today appears on page H6981.
Quorum Calls--Votes: There were no Yea and Nay votes, and there were no Recorded votes. There were no quorum calls.
Adjournment: The House met at 11 a.m. and adjourned at 11:04 a.m.
No hearings were held.
No joint committee meetings were held.
Committee on Armed Services: Subcommittee on Readiness and Management Support, to hold hearings to examine the final report of the Commission on Wartime Contracting in Iraq and Afghanistan, 2:30 p.m., SR–232A.
Committee on Banking, Housing, and Urban Affairs: Subcommittee on Securities, Insurance and Investment, to hold hearings to examine market microstructure, focusing on an examination of Exchange-Traded Funds (ETFs), 9:30 a.m., SD–538.
Committee on Commerce, Science, and Transportation: to hold hearings to examine concussions and the marketing of sports equipment, 2:30 p.m., SR–253.
Committee on Energy and Natural Resources: Subcommittee on National Parks, to hold hearings to examine S. 544, to authorize the Secretary of the Interior to conduct a study of alternatives for commemorating and interpreting the role of the Buffalo Soldiers in the early years of the National Parks, S. 1083, to amend the National Trails System Act to designate the route of the Smoky Hill Trail, an overland trail across the Great Plains during pioneer days in Kansas and Colorado, for study for potential addition to the National Trails System, S. 1084, to amend the National Trails System Act to designate the routes of the Shawnee Cattle Trail, the oldest of the major Texas Cattle Trails, for study for potential addition to the National Trails System, S. 1303, to authorize the Secretary of the Interior to establish Fort Monroe National Historical Park in the Commonwealth of Virginia, S. 1325, to direct the Secretary of the Interior to study the suitability and feasibility of designating sites in the Lower Mississippi River Area in the State of Louisiana as a unit of the National Park System, S. 1347, to establish Coltsville National Historical Park in the State of Connecticut, S. 1421, to authorize the Peace Corps Commemorative Foundation to establish a commemorative work in the District of Columbia and its environs, S. 1478, to modify the boundary of the Minuteman Missile National Historic Site in the State of South Dakota, and S. 1537, to authorize the Secretary of the Interior to accept from the Board of Directors of the National September 11 Memorial and Museum at the World Trade Center Foundation, Inc., the donation of title to The National September 11 Memorial and Museum at the World Trade Center, 2:30 p.m., SD–366.
Committee on Environment and Public Works: with the Subcommittee on Superfund, Toxics and Environmental Health, to hold a joint oversight hearing to examine the Brownfields Program, focusing on cleaning up and rebuilding communities, 10 a.m., SD–406.
Committee on Health, Education, Labor, and Pensions: business meeting to consider an original bill entitled, ``Elementary and Secondary Education Act'', and the nominations of Claude M. Steele, of New York, and Anneila I. Sargent, of California, both to be a Member of the National Science Board, National Science Foundation, and Laura A. Cordero, of the District of Columbia, to be a Member of the Board of Trustees of the Harry S Truman Scholarship Foundation, 10 a.m., SD–106.
Committee on Homeland Security and Governmental Affairs: business meeting to consider S. 1268, to increase the efficiency and effectiveness of the Government by providing for greater interagency experience among national security and homeland security personnel through the development of a national security and homeland security human capital strategy and interagency rotational service by employees, S. 1409, to intensify efforts to identify, prevent, and recover payment error, waste, fraud, and abuse within Federal spending, S. 743, to amend chapter 23 of title 5, United States Code, to clarify the disclosures of information protected from prohibited personnel practices, require a statement in nondisclosure policies, forms, and agreements that such policies, forms, and agreements conform with certain disclosure protections, provide certain authority for the Special Counsel, S. 237, to amend title 31, United States Code, to enhance the oversight authorities of the Comptroller General, S. 1379, to amend title 11, District of Columbia Official Code, to revise certain administrative authorities of the District of Columbia courts, and to authorize the District of Columbia Public Defender Service to provide professional liability insurance for officers and employees of the Service for claims relating to services furnished within the scope of employment with the Service, S. 1487, to authorize the Secretary of Homeland Security, in coordination with the Secretary of State, to establish a program to issue Asia-Pacific Economic Cooperation Business Travel Cards, H.R. 1059, to protect the safety of judges by extending the authority of the Judicial Conference to redact sensitive information contained in their financial disclosure reports, S. 384, to amend title 39, United States Code, to extend the authority of the United States Postal Service to issue a semipostal to raise funds for breast cancer research, 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'', 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'', 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'', 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'', and the nominations of Ronald David McCray, of Texas, to be a Member of the Federal Retirement Thrift Investment Board, Corinne Ann Beckwith, and Catharine Friend Easterly, both to be an Associate Judge of the District of Columbia Court of Appeals, and Ernest Mitchell, Jr., of California, to be Administrator of the United States Fire Administration, Federal Emergency Management Agency, Department of Homeland Security, 10 a.m., SD–342.
Committee on the Judiciary: to hold an oversight hearing to examine the Department of Homeland Security, 10 a.m., SD–226.
Full Committee, to hold hearings to examine the nominations of Michael E. Horowitz, of Maryland, to be Inspector General, Department of Justice, and Susie Morgan, to be United States District Judge for the Eastern District of Louisiana, 2:30 p.m., SD–226.
United States Senate Caucus on International Narcotics Control: to hold hearings to examine United States-Andean security cooperation, 2:30 p.m., SD–562.
No hearings are scheduled.
Program for Wednesday: After the transaction of any morning business (not to extend beyond one hour), Senate will continue consideration of H.R. 2112, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, and vote on or in relation to McCain Amendment No. 739 (to Amendment No. 738) at 12:00 p.m.
Program for Friday: The House will meet in pro forma session at 10 a.m.
Harris, Andy, Md., E1892
McCollum, Betty, Minn., E1893
Meehan, Patrick, Pa., E1892
Miller, Jeff, Fla., E1893
Richardson, Laura, Calif., E1891
Shuster, Bill, Pa., E1893
Smith, Adam, Wash., E1891