vote:

the presiding officer: are there any senators wishing to change their vote? on this vote the yeas are 41. the nays are 57. one senator respond "present." under the previous order requiring 60 votes for the adoption of this amendment the amendment is not agreed to. the question is on the underlying menendez amendment. there are two minutes evenly divided. mr. menendez: mr. president? the presiding officer: the senator from new jersey. mr. menendez: mr. president i ask that the senate be in order. the presiding officer: the senate will come to order. please take your conversations from the well.

mr. menendez: please advise when 30 seconds pass by. the menendez-isakson amendment would temporarily restore loan limits to the level that existed under the law as of september 30 but expired. the drop in loan limits reduced consumer credit in 669 counties across 42 states, and the amendment as we have drafted it will save taxpayers $11 million over ten years including $2 million in fiscal year 2012 according to c.b.o. by creating a premium that borrowers have to pay as a result of getting the loan therefore -- the presiding officer: the senator used 30 seconds. mr. menendez: -- therefore putting the risk on the borrower, not the taxpayer. if we want to get our economy moving the housing market has to be part of it. i'd like to yield to my distinguished colleague from georgia, senator isakson. mr. isakson: how much time is

left? the presiding officer: nine seconds. mr. isakson: it's going to be tough but let me say there is a 15 basis point fee on every loan that goes into this issued by freddie, fanny or f.a.a. takes us back to where we were. it doesn't add additional liability. the presiding officer: who yields time? a senator: i yield one minute. the presiding officer: the senator from alabama. mr. shelby: mr. president i urge my colleagues to vote against the menendez amendment. if this amendment becomes law taxpayers will be forced to subsidize individuals who make upwards of $200,000 a year so that they may buy homes worth nearly $1 million. that's what this is about. increasing the loan limits will only benefit those who don't need federal subsidies. this is simply not a good use of scarce taxpayers dollars. even the administration does not support higher loan limits here. it's a bad amendment.

the presiding officer: under the previous order 60 votes are required for the adoption of the amendment. is there a sufficient second? there appears to be. the clerk will call the roll. vote:

vote:

the presiding officer: are there any senators in the chamber wishing to vote or change their vote? if not the yeas are 60, the nays are 38. one senator voted "present." -- responded "present." the amendment is agreed to. the presiding officer: without objection. ms. landrieu: mr. president? the presiding officer: the senator from louisiana. ms. landrieu: just a point of personal privilege or parliamentary inquiry. at the rate of voting that we're going with the amendments that are pending could the parliamentarian or the leader share with us, since it's taken an hour and 45 minutes on four votes what it might look like for the rest of the night? the presiding officer: the senate will be in order. mr. reid: mr. president? the presiding officer: the majority leader. mr. reid: mr. president, i know how frustrating it is for everyone. this is not a question for the parliamentarian. we're doing our best to work

through these votes. they're ten-minute votes. we are -- are doing our utmost to maintain that time and we'll continue to do that. we're sorry on close votes everyone knows sometimes they take a little longer. so i apologize to my friend from louisiana and everyone else. let's move through these votes as quickly as we can. mr. mcconnell: mr. president could i just respectfully make one suggestion. there are three options. we can stick on ten minutes, we can voice vote or we can withdraw all of which would rapidly speed up the process. the presiding officer: the republican leader. the majority leader. mr. reid: mr. president? i wish i would have thought of saying that. [laughter] the presiding officer: the next amendment is the gillibrand amendment. number 869. mrs. gillibrand: mr. president? the presiding officer: the senator from new york is recognized. mr. gillibrand: i urge my colleagues to support this amendment because we've all seen how these storms have destroyed

crops, farmland. enormous economic opportunity in state after state. texas, 98% of the state is experiencing drought. mississippi, farmers wade through acres of murky water timber catfish farms inundated. new york state crops destroyed cows destroyed. tennessee, unprecedented levels of rainfall. this money is literally the difference between life and death for these farmers. i urge my colleagues to support this amendment and i request a voice vote. would senator blunt like to address this? the presiding officer: if all time is yielded back the question's on the amendment. all those in favor say aye. mr. sessions: i ask for the yeas and nays. the presiding officer: is there a sufficient second? at this moment, there's want a sufficient second. mr. sessions: mr. president excuse me.

i would note the absence of a quorum. a senator: call the roll and see if a quorum is present. i believe a quorum is present. the presiding officer: the clerk will call the roll to ascertain the presence of a quorum. miss mikulski: mr. president point of personal privilege. could we call the roll faster. mr. reid: mr. president? mr. president? mr. president? mr. president? the presiding officer: the majority leader. mr. reid: reid: i ask unanimous consent the call of the quorum be terminated. the presiding officer: without objection. mr. reid: i ask for the yeas and nays on the gillibrand amendment. the presiding officer: is there a sufficient second? there appears to be. the clerk will call the roll. vote:

vote:

vote:

the presiding officer: is there anyone wishing to vote or change their vote? hearing none the yeas are 58. the nays are 41. the amendment is agreed to. mr. reid: madam president? the presiding officer: the majority leader. mr. reid: we would be much more efficient here. we have ten-minute votes. it's very, very difficult -- the presiding officer: the senate please be in order. mr. reid: it's very difficult for those that are doing the work for us to determine who's voting which way to hear us, people moving around. i think it would be to everyone's advantage if we all sit down and make sure these are really ten-minute votes. it would make it so much easier for the tally clerks and everyone concerned. i would ask that we all be ladies and gentlemen take our seats. this will move much more efficiently. the presiding officer: the

question is on the lautenberg amendment number 836. there are two minutes evenly divided. mr. lautenberg: madam president? the presiding officer: the senator from new jersey. mr. lautenberg: madam president, this amendment increases funding for disaster relief grants at the economic development administration. 48 states have received a federal disaster declaration this year and may be eligible for this relief. e. distinguished chairman a. funds re -- e.d.a. funds coordinate response and recovery plans and help businesses recover. this year alone we have experienced a record ten natural disasters costing more than $1 billion each. hurricane irene cost more than $7 billion in damage alone. in 2008, we gave e.d.a. $500 million to respond to disasters. this amendment would give e.d.a. the same amount this year.

the amendment complies with disaster relief provisions in the budget control act and is not offset with cuts from other programs. and i -- senator sanders menendez gillibrand, blumenthal and chairman mikulski supports it as well. madam president, i ask for the yeas and nays. the presiding officer: is there a sufficient second? there is not a sufficient second. if all time is yielded back, the question is on the amendment. all those in favor say aye. opposed. in the opinion of the chair the ayes appear to have it.

the ayes do have it. the amendment is agreed to. a senator: madam president? mr. bingaman: madam president? the presiding officer: the senator from new mexico. mr. bingaman: madam president the next amendment is amendment 771. is that correct? the presiding officer: the senator is correct. mr. bingaman: madam president this amendment will increase funding for the u.s. trade representatives office to the level the president requested also to the level that the house appropriators have proposed. it adds nearly $4.5 million to the budget for the u.s. trade representatives office. this is funding that is needed to enforce our trade agreements. we just entered into three new free trade agreements. they need the personnel in order to try to enforce these. we have a great many trade disputes with china. all of us are aware of that, and other major industrial countries as well. this has the support of the u.s.

chamber of commerce and the farm bureau, the national pork producers council. this is good legislation which i hope all senators will support. i yield the floor. the presiding officer: who yields time in opposition? if all time is yielded back, the question is on the amendment. all those in favor say aye. opposed? in the opinion of the chair the ayes appear to have it. the ayes do have it. the amendment is agreed to. the next amendment is the sessions amendment number 810. the senator from alabama. mr. sessions: madam president the fastest-growing large

program we have by far is the food stamp program. it's grown from $20 billion to $80 billion since 2001, grown four times. it's doubled since 2008. this year proposes another $10 million increase, 14%. and one of the big reasons is we have a growing utilization of categorical eligibility where if one qualifies for liheap, tanf, counseling programs, any number of other governmental relationships, you also qualify for food stamps. c.b.o. scores this as costing as much as $10 billion over ten years. this is a good-government bill. you can get food stamps. nobody would be eliminated. go to the office, fill out the form and show that you meet the food stamp qualifications and

not get by having met other qualifications that are less stringent. i really believe it's a good thing and would help us save some money and make this program more effective. ms. stabenow: madam president? the presiding officer: who yields time? ms. stabenow: madam president? the presiding officer: the senator from michigan. ms. stabenow: madam president first of all i completely agree with senator sessions that we need to eliminate waste fraud and abuse in the supplemental food program as in every federal program. i want to commend the usda now for having less than a 4% error rate and we're going to continue to push them to go down even further. why? because right now we have people who have paid taxes all their lives, who have never in their wildest dreams thought they would ever need help putting food on their table and they do. and we can't afford to waste even one dollar. my colleague mentioned on the floor several times a lottery winner in michigan who got food assistance. he's right. it was outrageous.

the state changed it and we're changing it in the upcoming farm bill. but the reality is that this amendment, the sessions amendment, completely changes the structure of the food assistance program. putting up barriers to hardworking, honest men women and children who need help, most of them for the first time in their entire lives. i would urge my colleagues to vote "no." the presiding officer: under the previous order 60 votes are required for the adoption of this amendment. is there a sufficient second? the clerk will call the roll.

vote: vote:

the presiding officer: are there any senators in the chamber wishing to vote or change their vote? if not, the yeas are 41, the nays are 58. the amendment is not agreed to.

mr. coburn: mr. president? the presiding officer: the next amendment is the coburn amendment, number 791. mr. coburn: mr. president? the presiding officer: the senator from oklahoma. mr. coburn: this is -- we have 2,705 people in this country who had adjusted gross incomes in excess of $2.5 million last year who got farm payments, direct farm payments. this is an amendment that will limit adjusted gross incomes above $1 million from receiving direct payments. we hear that we're going to change that system, and we may change that system, but that hasn't happened yet. all this amendment says is if you make more than $1 million you shouldn't be eligible to receive a direct farm payment from this government. rather than taxing the

millionaires, the first thing we ought to do is quit giving them subsidies. and i'd reserve the balance of my time. the presiding officer: who yields time? ms. stabenow: mr. president? the presiding officer: the senator from michigan. ms. stabenow: let me just indicate that the house and senate agriculture leaders have come together in a bipartisan, bicameral basis to recommend reforms in our farm commodity programs that will frankly make this amendment a moot point. and i would ask my colleagues to vote "no" and to give us the next ten days to come forward with the new approach that we will be offering, and i will now yield to my friend and colleague on the agricultural committee senator roberts. robert robert thank the chairwoman for yielding. the senator from oklahoma has a good intent, but he's adding a payment limitation on top of two others. it will be difficult to implement and administrate from the department of agriculture standpoint. mr. roberts: and the senator is exactly right. he is limbing programs for which

there probably won't be any program. i suggest that we do this during the reauthorization of the farm bill and then i would encourage the senator to come at this particular time and figure out what's in the farm bill, what isn't, what payment limitation is appropriate and what isn't. also it depends on -- the presiding officer: the time has expired. mr. coburn: how much time do i have remaining? the presiding officer: 16 seconds. $$. mr. coburn: $1 million a year and we're giving them money. we've $1.3 trillion deficit. and we continue to hear the defense of that. it would be great if we do a new farm program. but the fact is that's not given. if we pass a new amendment -- the presiding officer: the time has expired. mr. coburn: ask for the yeas and nays. the presiding officer: is there a sufficient second? appears to be. the clerk will call the roll. vote:

vote:

the presiding officer: are there any senators wishing to vote or change their vote? seeing none, the yeas are 84. the nays are 15. the amendment is adopted. there are now two minutes equally divided on the coburn amendment number 792. mr. coburn: mr. president? the presiding officer: the senator from oklahoma. mr. coburn: mr. president? the presiding officer: can we have order in the chamber please. mr. coburn: here's 4,000 properties in the united states,

they get money from h.u.d. for housing to help people who we want to help. 450 owners chronically on the list of slumlords who put the people who live in these houses at danger. they're at high risk for losing their lives in that. this amendment only says if you're going to continue to put these people at risk of losing their life, then we're not going to pay you any more. we're going to say -- we're not going to send you money if you continue this 450 group of slumlords are going to spend none of their money bringing their properties up to date and leaving people at risk of significant harm. i will reserve the balance of my time. the presiding officer: the senator from washington. mrs. murray: i want to thank senator coburn for his passion

on this issue. he raises a valid point about bad actors. we shouldn't accept tenants living in unsafe problem. the problem is the way it is drafted, it goes too far. what this amendment does is put the tenants at risk. it will put the tenants out of a place to live. i earlier offered to work with the senator to address the issue in a way that would make sure that we protected residents. we were not able to get to a resolution. i hope that we can continue to work to do this. this amendment as drafted will put the tenants at risk and out. if once in five years a h.u.d. property falls under trouble category, the tenants will be at risk. i ask my colleagues to reject this amendment. i again offer to work with the senator from oklahoma to address this resolution in a way that gets after the problem that he has defined. the presiding officer: the senator from oklahoma. mr. coburn: they did offer it,

and then they told us they didn't have time to work it out. the fact is these are life-threatening emergencies -- the presiding officer: the senator's time has expired. mr. coburn: one person dies because we don't do this, it's on our hands. i ask for the yeas and nays. the presiding officer: is there a sufficient second? there appears to be. there is a 60-vote threshold. the clerk will call the roll. vote:

the presiding officer: the amendment is not agreed to. mr. coburn: mr. president order -- the next order amendment number 796. the presiding officer: that is correct. mr. coburn: might i be recognized? the presiding officer: the senator is recognized. mr. -- mr. coburn: this is an amendment that addresses something in our country going on that we shouldn't allow. we have a lot of programs that help cities and states out by creating loans to allow the cities and states to do something.

what's happening is then when the project we gave the loan for fails, they turn around and take federal grants and repay the loan. so what all this does is it prohibits us from allowing grants to be able to be used to repay federal loans on local or city or state projects. i reserve the balance of my time. the presiding officer: the senator from wisconsin. mr. kohl:i'm prepared to have a voice vote on this issue. the presiding officer: is there a second? second. time yielded back? there is a sufficient second. the clerk will call the roll. and this will require 60 votes.

vote:

vote: the presiding officer: are there any senators in the chamber wishing to vote or change their vote? if not on this, the yeas are -- the ayes are 73, the nays are 26. the motion passes. amendment is agreed to. the majority leader. mr. reid: i ask consent that notwithstanding the previous order the senate now proceed to vote in relation to ayotte amendment number 753 and all other provisions under the previous order remain in effect.

the presiding officer: without objection. ms. ayotte: mr. president? the presiding officer: the majority leader. mr. reid: the republican leader and i had a meeting just a few minutes ago. and following this vote, we'll have more information for body. ms. ayotte: mr. president? mr. president? the presiding officer: the senator from new hampshire. ms. ayotte: mr. president our country continues to be at war with members of al qaeda. enemy combatants who want to kill americans and that is why congress authorized the use of military force to combat these individuals. my amendment applies to the worst of the worse. it would prohibit the use of funds for fiscal year 2012 for the prosecution of enemy combatants and in civilian article 3 courts. this prohibition would extend to members of al qaeda or affiliated entities who -- and who have participated or carried out an attack against our country or our coalition partners. it does not apply to american

citizens. these individuals enemy combatants are not common criminals who just robbed a liquor store. when we detain a member of al qaeda who is planning an attack on our country the priority has to be on gathering information to protect americans. i have great respect for our civilian court system but it was not set up to allow the time to interrogate members of al qaeda. we should not be trying these individuals in our civilian system but in military commissions. we should not be providing these terrorists miranda rights and speedy presentment rights that come with our civilian -- the presiding officer: time has expired. ms. ayotte: thank you mr. president. mr. levin: mr. president? the presiding officer: the senator from michigan. mr. levin: mr. president i oppose the amendment. this is a very different amendment from the one that we adopted in our armed services committee relative to detention. this amendment was rejected on a strong bipartisan vote in the armed services committee. the reasons are set forth in a

letter from the secretary of defense, mr. panetta who wrote us if we're to safeguard the american people, we must be in position to employ every lawful instrument of national power including both courts and military commissions to ensure that terrorists are brought to justice. by depriving us of one of our most potent weapons in the fight against terrorism the amendment -- the ayotte amendment would make it more likely that terrorists will escape justice and innocent lives will be put at risk. they have been successfully prosecuted. they just recently in detroit a terrorist was successfully prosecuted in an article 3 court. we should not deny the prosecutors this tool. and i yield the balance of my time to the senator from illinois. mr. durbin: mr. president? the presiding officer: the senator from illinois. mr. durbin: there have been over 300 successful prosecutions of accused terrorists since 9/11. 200 under president bush, 100 under president obama all in article 3 courts. only three prosecutions in military commissions. give the president the power he

needs to keep america safe. the presiding officer: time has expired. the question is on the amendment. ms. ayotte: i ask for the yeas and nays. the presiding officer: is there a sufficient second? there is a sufficient second. this is a 60-vote threshold. the clerk will call the roll. vote:

vote:

the presiding officer: does any senator in the chamber wish to vote or change his or her vote? if not on this vote the yeas are 47. the nays are 52. under the previous order requiring 60 votes for adoption of the amendment, it is not agreed to. mr. reid: mr. president? the presiding officer: the majority leader. mr. reid: may we have order? the presiding officer: may we have order for the majority leader please. mr. reid: mr. president, as i indicated the republican leader and i met prior to last vote. we understand there's been tremendous progress made. this is something that those of us who have been in the senate awhile brings back a lot of memories. this is the way we have done things in the past. it's difficult but it moves legislation. it's been inconvenient for everyone. before moving for this consent agreement, the most difficult time is for our staffs. they have worked the last two

days really as hard as people could work, led by gary myrick on my side, david schiappa on the other side. here is the consent agreement. i hope everyone will agree with this. i ask consent that the next vote on our sequence be the cloture vote with respect to the substitute amendment number 738. that if cloture is invoked the substitute amendment be agreed to and be considered original text for the purposes of further amendment, that the remaining amendments which were scheduled for votes under the previous order remain in order not withstanding cloture having been invoked and when the senate resume consideration of h.r. 2112 on tuesday november 1 the senate proceed to volts on the remaining amendments and all other provisions of the previous order remain in effect. the presiding officer: is there objection? mr. levin: inquiry. i will not object. does that mean 60 votes are required under the current order and continue to be required? mr. reid: all elements of the previous order are in effect.

the presiding officer: is there objection? without objection, so ordered. the clerk will report the motion to invoke cloture. the clerk: cloture motion. we the undersigned senatorsing in accordance with the rules 22 of the standing rules of the senate move to bring to a close debate to h.r. 778 an act making appropriations for agriculture, rural development food and drug administration and related agencies programs for the fiscal year ending september 30 2012 and for other purposes. signed by 18 senators. the presiding officer: by unanimous consent the mandatory quorum has been waived. the question is -- before we proceed, may we have some order in the chamber so that the clerical staff can hear the votes as they are taken. the question is, is it the sense

of the senate that debate on amendment number 738 offered by the senator from nevada, mr. reid to h.r. 2112, the agriculture rural development food and drug administration and related agencies, appropriations act 2012 shall be brought to a close. the yeas and nays are mandatory under the rule. the clerk will call the roll. and i would again urge that there be order in the chamber so that the clerk may hear the role. the clerk may proceed. vote:

vote:

officer the yeas are 83, the nays are 16. three-fifths of the senators duly chosen an sworn having

voted in the affirmative, the motion is agreed to. and under the previous order the substitute amendment is agreed to. the republican leader. mr. mcconnell: madam president president, i rise to mourn the passing of a great american and man who did much to benefit the people of kentucky as well as ohio. carl henry lindher jr. was greater sin sins most successful entrepreneur and a self-made man. he passed away this october 17. he was 92 years old. carl lindher was born in dayton, ohio in 1919, the son of a dairyman. he quit high school to help out on his father's dairy. that store grew into united dairy farmers, a chain of dairy and convenience stores that many northern kentuckians frequent to this day to buy their famous ice

cream. mr. lindher made much of his living in the banking and insurance business. his name became famous across northern kentucky and ohio and nationwide as the owner of the cincinnati reds from 1999 to 2005. carl also ran an amusement park and his hometown newspaper "the cincinnati inquirier." always the optimist, carl was famous for carrying with him cards that he would hand out to anyone he met with motivational sayings printed on them. one frequent version of the card would read, "only in america. gee, am i lucky." carl spent much of his time working for his community bringing thousands of high-paying jobs to cincinnati and northern kentucky. he's been called a one-man chamber of commerce. he also was renowned for his

philanthropic efforts. he gave generously of his time and resources to charities churches universities, museums organizations serving the underprivileged, and even children in scree language cay orphaned by the 2005 tsunami. i had the benefit of knowing california -- carl for a long tievment he was an an amazing man and his loss will be felt by many. elaine and i send our coul doleences to his wife and sons and his 12 grandchildren five great-grandchildren, and many other beloved family members and friends. the passing of carl lindner is a true loss for the people of northern kentucky, ohio, and the nation. i know my senate colleagues join me in remembering and honoring carl for his very american

success story. his service to his community and the example he leaves behind for others of a full life well-lived. madam president the cincinnati inquirier published recently an obituary of him. ies sc that that article appear in full in the record. the presiding officer: without objection. mr. mcconnell: i yield the floor. mr. durbin: madam president? the presiding officer: the senator from illinois. mr. durbin: i ask unanimous consent that the following eamghts be called up, report the thed by number and considered en bloc: senator pot man 859 senator mccain 892 senator cantwell number 893, as modified, with the changes that are at the desk senator cochran number 805, as modified, with the changes that are at the desk; senator burr, number 890 senator inouye, number 918 and

senator kyl number 912 as modified. the presiding officer: without objection, the clerk will report the amendments by number. the clerk: the senator from illinois mr. durbin for mr. port man proposes amendment numbered 859. for mr. mccain proposes amendment numbered 892 for ms. cantwell proposes amendment numbered 893 as modified; for mr. cochran proposes amendment numbered 805, as modified; for mr. burr proposes amendment numbered 890; for mr. inouye proposes amendment 918 for mr. kyl proposes amendment numbered 912 as modified. dur discoure i believe the senate is ready to act on these -- mr. durbin: i believe the senate is ready to act on these amendments. the presiding officer: is there further debate? if not the question is on the amendments en bloc. all those in favor say aye. those opposed no.

the ayes appear to have it. the ayes do have it. the amendments are agreed to en bloc. a senator: madam president? the presiding officer: the senator from washington. mrs. the cantwell: madam president -- ms. cantwell: madam president in that en bloc group of amendments was an important amendment numbered 893 that was sponsored by my colleagues from the northwest. obviously myself, senator murray senator wyden senator merkley, senator boxer and senator feinstein. and we thought it was very important that this amendment pass tonight because scientists are calling it a disease emergency. that is, that the pacific northwest wild salmon might be threatened by a virus that has already decimated fish farm salmon from around the world. so we want to see first of all important scientific questions answered about the impacts of

this virus and the threat that they pose to pacific northwest salmon. second, we want to make sure that there is an aggressive management plan and an effective rapid response plan to deal with the threat of this virus. and, third, we want to make sure that we are protecting wild salmon and the important economy that goes with it. i know many people know the northwest is known for a healthy salmon population but this salmon population is also an economy for us. it's tens of thousands of jobs and hundreds of millions of dollars as it relates to our economy. so being able to detect this virus and make sure that we are assessing the potential threat to the wild salmon population is something that we want to see happen immediately. this makes sure that the task force that is a joint task force

already in place between noaa and usda works effectively in the next few -- in the very short time period to make sure that we are getting this accurate assessment. as i mentioned this virus in the farm fish population around the world in chile and other places has decimated salmon. we cannot risk having this impact the pacific northwest wild salmon. so we need answers quickly from the scientific community. we need an action plan immediately and we need to make sure that we are formulating a rapid response to what to do if we do detect that this virus is spreading with the potential impact that we've seen in other areas. so i thank my colleagues for making sure that this amendment is passed tonight. i know that senator murkowski had planned earlier to talk about this.

i want to thank senator hutchison from texas for helping us move this along in the process. i hope now as we move this legislation that we will also get the cooperation from noaa and the secretary and others and to make sure that we are responding very rapidly to this very very serious what people have called the scientific need to get these questions answered as soon as possible. i thank the chair -- i thank president. i yield the floor. and i suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

quorum call: