Wednesday, January 24, 2007 [[Page D81]] Daily Digest Senate Chamber Action Routine Proceedings, pages S1003-S1133 Measures Introduced: Sixteen bills and three resolutions were introduced, as follows: S. 371-386, S. Res. 38-39, and S. Con. Res. 4. Pages S1056-57 Measures Reported: S. 372, to authorize appropriations for fiscal year 2007 for the intelligence and intelligence related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System. (S. Rept. No. 110-2) S. Res. 38, authorizing expenditures by the Committee on Energy and Natural Resources. S. Con. Res. 2, expressing the bipartisan resolution on Iraq, with an amendment. Pages S1055-56 Fair Minimum Wage: Senate continued consideration of H.R. 2, to amend the Fair Labor Standards Act of 1938 to provide for an increase in the Federal minimum wage, taking action on the following amendments proposed thereto: Pages S1011-48 Adopted: Kennedy (for Kerry) Amendment No. 187 (to Amendment No. 112), in the nature of a substitute. Pages S1044-45 Sununu Amendment No. 112 (to Amendment No. 100), to prevent the closure and defunding of certain women's business centers. Pages S1011, S1045 Kennedy (for Feingold) Modified Amendment No. 127, to amend the Buy American Act to require each Federal agency to submit reports regarding purchases of items made outside of the United States. Page S1045 Rejected: By 28 yeas to 69 nays (Vote No. 24), Allard Amendment No. 116 (to Amendment No. 100), to afford States the rights and flexibility to determine minimum wage. Pages S1021-22, S1041-42, S1043-44 Withdrawn: Wyden Amendment No. 104 (to Amendment No. 100), to reauthorize the Secure Rural Schools and Community Self-Determination Act of 2000. Pages S1022-24 Pending: Reid (for Baucus) Amendment No. 100, in the nature of a substitute. Pages S1011-48 McConnell (for Gregg) Amendment No. 101 (to Amendment No. 100), to provide Congress a second look at wasteful spending by establishing enhanced rescission authority under fast-track procedures. Pages S1011, S1012-19 Kyl Amendment No. 115 (to Amendment No. 100), to extend through December 31, 2008, the depreciation treatment of leasehold, restaurant, and retail space improvements. Page S1011 Bunning Amendment No. 119 (to Amendment No. 100), to amend the Internal Revenue Code of 1986 to repeal the 1993 income tax increase on Social Security benefits. Page S1011 Enzi (for Ensign/Inhofe) Amendment No. 152 (to Amendment No. 100), to reduce document fraud, prevent identity theft, and preserve the integrity of the Social Security system. Page S1011 Enzi (for Ensign) Amendment No. 153 (to Amendment No. 100), to preserve and protect Social Security benefits of American workers, including those making minimum wage, and to help ensure greater Congressional oversight of the Social Security system by requiring that both Houses of Congress approve a totalization agreement before the agreement, giving foreign workers Social Security benefits, can go into effect. Page S1011 Enzi (for Ensign) Amendment No. 154 (to Amendment No. 100), to improve access to affordable health care. Page S1011 Smith Amendment No. 113 (to Amendment No. 100), to make permanent certain education-related tax incentives. Page S1011 Vitter/Voinovich Amendment No. 110 (to Amendment No. 100), to amend title 44 of the United States Code, to provide for the suspension of fines under certain circumstances for first-time paperwork violations by small business concerns. Page S1021 DeMint Amendment No. 155 (to Amendment No. 100), to amend the Public Health Service Act to provide for cooperative governing of individual health insurance coverage offered in interstate commerce, and to amend the Internal Revenue Code of [[Page D82]] 1986 regarding the disposition of unused health benefits in cafeteria plans and flexible spending arrangements and the use of health savings accounts for the payment of health insurance premiums for high deductible health plans purchased in the individual market. Pages S1027-29 DeMint Amendment No. 156 (to Amendment No. 100), to amend the Internal Revenue Code of 1986 regarding the disposition of unused health benefits in cafeteria plans and flexible spending arrangements. Pages S1035-38 DeMint Amendment No. 157 (to Amendment No. 100), to increase the Federal minimum wage by an amount that is based on applicable State minimum wages. Pages S1035-38 DeMint Amendment No. 158 (to the language proposed to be stricken by Amendment No. 100), to increase the Federal minimum wage by an amount that is based on applicable State minimum wages. Pages S1035-38 DeMint Amendment No. 159 (to Amendment No. 100), to protect individuals from having their money involuntarily collected and used for lobbying by a labor organization. Pages S1035-38 DeMint Amendment No. 160 (to Amendment No. 100), to amend the Internal Revenue Code of 1986 to allow certain small businesses to defer payment of tax. Pages S1035-38 DeMint Amendment No. 161 (to Amendment No. 100), to prohibit the use of flexible schedules by Federal employees unless such flexible schedule benefits are made available to private sector employees not later than 1 year after the date of enactment of the Fair Minimum Wage Act of 2007. Pages S1035-38 DeMint Amendment No. 162 (to Amendment No. 100), to amend the Fair Labor Standards Act of 1938 regarding the minimum wage. Pages S1035-38 Kennedy (for Kerry) Amendment No. 128 (to Amendment No. 100), to direct the Administrator of the Small Business Administration to establish a pilot program to provide regulatory compliance assistance to small business concerns. Page S1042 During consideration of this measure today, Senate also took the following action: By 49 yeas to 48 nays (Vote No. 22), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to close further debate on McConnell (for Gregg) Amendment No. 101 (to Amendment No. 100) (listed above). Pages S1018-19 By 54 yeas to 43 nays (Vote No. 23), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to close further debate on the bill. Page S1020 A unanimous-consent agreement was reached providing for further consideration of the bill at approximately 9:30 a.m., on Thursday, January 25, 2007; that there be one hour of debate, equally divided between Senators Kennedy and DeMint on DeMint Amendment No. 158 (listed above); that no amendments to the amendment be in order prior to a vote on, or in relation to, the amendment, and Senate then vote on, or in relation to the amendment. Page S1133 Messages From the House: Page S1055 Messages Referred: Page S1055 Executive Communications: Page S1055 Executive Reports of Committees: Page S1056 Additional Cosponsors: Pages S1057-58 Statements on Introduced Bills/Resolutions: Pages S1058-80 Additional Statements: Pages S1054-55 Amendments Submitted: Pages S1080-S1132 Authorities for Committees to Meet: Pages S1132-33 Privileges of the Floor: Page S1133 Record Votes: Three record votes were taken today. (Total--24) Pages S1019, S1020, S1043-44 Adjournment: Senate convened at 9:30 a.m., and adjourned at 7:44 p.m., until 9:30 a.m., on Thursday, January 25, 2006. (For Senate's program, see the remarks of the Majority Leader in today's Record on page S1133.) Committee Meetings (Committees not listed did not meet) PANDEMIC FLU Committee on Appropriations: Subcommittee on Labor, Health and Human Services, Education, and Related Agencies concluded a hearing to examine progress made and challenges ahead relating to pandemic flu, focusing on vaccines, antiviral therapies, and diagnostics, after receiving testimony from Anthony S. Fauci, Director, National Institute of Allergy and Infectious Diseases, National Institutes of Health, Julie L. Gerberding, Director, Centers for Disease Control and Prevention, and Gerald W. Parker, Principal Deputy Assistant Secretary, Office of the Assistant Secretary for Preparedness and Response, all of the Department of Health and Human Services. NOMINATIONS Committee on Armed Services: Committee ordered favorably reported the nomination of Lieutenant General [[Page D83]] David H. Petraeus, USA, to be General and Commander, Multi-National Forces-- Iraq, and 1,125 military nominations in the Army, Navy, Air Force, and Marine Corps. AIRLINE INDUSTRY Committee on Commerce, Science, and Transportation: Committee concluded a hearing to examine the potential impact of airline mergers and industry consolidation relating to the state of the airline industry, focusing on the role of the Federal government in the industry's ongoing restructuring, and the prospect of consolidation, after receiving testimony from Senator Isakson; Andrew B. Steinberg, Assistant Secretary of Transportation for Aviation and International Affairs; Gerald Grinstein, Delta Air Lines, Atlanta, Georgia; W. Douglas Parker, US Airways Group, Phoenix, Arizona; Robert Roach, Jr., International Association of Machinists and Aerospace Workers, Upper Marlboro, Maryland; and Mark Cooper, Consumer Federation of America, Washington, D.C. BUSINESS MEETING Committee on Commerce, Science, and Transportation: Committee adopted its rules of procedure for the 110th Congress. CAP AND TRADE SYSTEM PROPOSAL Committee on Energy and Natural Resources: Committee held a hearing to examine an analysis completed by the Energy Information Administration entitled ``Energy Market and Economic Impacts of a Proposal to Reduce Greenhouse Gas Intensity with a Cap and Trade System'', receiving testimony from Howard Gruenspecht, Deputy Administrator, Energy Information Administration, Department of Energy; Jason S. Grumet, National Commission on Energy Policy, Daniel A. Lashof, Natural Resources Defense Council, and Anne E. Smith, CRA International, all of Washington, D.C.; and Jeffry E. Sterba, PNM Resources, Albuquerque, New Mexico. Hearing recessed subject to the call. BUSINESS MEETING Committee on Energy and Natural Resources: Committee ordered favorably reported an original (S. Res. 38) resolution authorizing expenditures by the Committee. Also, committee adopted its rules of procedure for the 110th Congress and announced the following subcommittee assignments: Subcommittee on Energy: Senators Dorgan (Chairman), Akaka, Wyden, Johnson, Landrieu, Cantwell, Menendez, Sanders, Tester, Murkowski, Craig, Burr, DeMint, Corker, Sessions, Bunning, and Martinez. Subcommittee on Public Lands and Forests: Senators Wyden (Chairman), Akaka, Johnson, Landrieu, Cantwell, Salazar, Menendez, Lincoln, Sanders, Burr, Craig, Thomas, Murkowski, DeMint, Sessions, Smith, and Bunning. Subcommittee on National Parks: Senators Akaka (Chairman), Dorgan, Landrieu, Salazar, Menendez, Lincoln, Sanders, Tester, Thomas, Murkowski, Burr, Corker, Sessions, Smith, and Martinez. Subcommittee on Water and Power: Senators Johnson (Chairman), Dorgan, Wyden, Cantwell, Salazar, Lincoln, Tester, Corker, Craig, Thomas, DeMint, Smith, and Bunning. Senators Bingaman and Domenici are ex officio members of each of the Subcommittees. NOMINATION Committee on Finance: Committee concluded a hearing to examine the nomination of Michael J. Astrue, of Massachusetts, to be Commissioner of Social Security, after the nominee, who was introduced by Senator Kerry, testified and answered questions in his own behalf. BUSINESS MEETING Committee on Foreign Relations: Committee ordered favorably reported S. Con. Res. 2, expressing the bipartisan resolution on Iraq. Also, Senate committee announced the following subcommittee assignments: Subcommittee on African Affairs: Senators Feingold (Chair), Nelson (FL), Obama, Cardin, Webb, Sununu, Coleman, Vitter, and Hagel. Subcommittee on East Asian and Pacific Affairs: Senators Boxer (Chair), Kerry, Feingold, Obama, Webb, Murkowski, Isakson, Vitter, and Hagel. Subcommittee on European Affairs: Senators Obama (Chair), Dodd, Menendez, Cardin, Casey, DeMint, Voinovich, Corker, and Murkowski. Subcommittee on Near East and South and Central Asian Affairs: Senators Kerry (Chair), Dodd, Feingold, Boxer, Cardin, Coleman, Hagel, Sununu, and Voinovich. Subcommittee on Western Hemisphere, Peace Corps, and Narcotics Affairs: Senators Dodd (Chair), Kerry, Nelson (FL), Menendez, Webb, Corker, Isakson, Coleman, and Sununu. Subcommittee on International Development and Foreign Assistance, Economic Affairs and International Environmental Protection: Senators Menendez (Chair), Kerry, Boxer, Obama, Casey, Hagel, Corker, Murkowski, and DeMint. Subcommittee on International Operations and Organizations, Democracy and Human Rights: Senators Nelson (FL) (Chair), Feingold, Menendez, Casey, Webb, Vitter, Voinovich, DeMint, and Isakson. BUSINESS MEETING Committee on Homeland Security and Governmental Affairs: Committee ordered favorably reported an original resolution authorizing expenditures by the Committee. Also, committee adopted its rules of procedure for the 110th Congress. [[Page D84]] House of Representatives Chamber Action Public Bills and Resolutions Introduced: 49 public bills, H.R. 649-697; and 13 resolutions, H. Con. Res. 44-45 and H. Res. 92-101, were introduced. Pages H941-44 Additional Cosponsors: Pages H944-45 Reports Filed: There were no reports filed today. Speaker: Read a letter from the Speaker wherein she appointed Representative Cleaver to act as Speaker pro tempore for today. Page H889 Board of Regents of the Smithsonian Institution--Appointment: The Chair announced the Speaker's appointment of Representative Sam Johnson to the Board of Regents of the Smithsonian Institution. Page H890 Privileged Resolution: The House agreed to table H. Res. 93, relating to a question of the privileges of the House, by a recorded vote of 223 ayes to 189 noes, Roll No. 54. Pages H902-03 Motion to Adjourn: Rejected the Walden motion to adjourn by a yea-and- nay vote of 185 yeas to 226 nays, Roll No. 55. Page H903 Question of Consideration: The House agreed to consider H. Res. 78, amending the Rules of the House of Representatives to permit Delegates and the Resident Commissioner to the Congress to cast votes in the Committee of the Whole House on the state of the Union, by a Recorded vote of 224 ayes to 186 noes, Roll No. 56. Pages H903-04 Amending the Rules of the House of Representatives to permit Delegates and the Resident Commissioner to the Congress to cast votes in the Committee of the Whole House on the state of the Union: The House agreed to H. Res. 78, amending the Rules of the House of Representatives to permit Delegates and the Resident Commissioner to the Congress to cast votes in the Committee of the Whole House on the state of the Union, by a yea-and-nay vote of 226 yeas to 191 nays, Roll No. 57. Pages H903-13 H. Res. 86, the rule providing for consideration of the resolution, was agreed to by a Recorded vote of 228 ayes to 188 noes, Roll No. 53, after agreeing to order the previous question by a yea-and-nay vote of 229 yeas to 191 nays, Roll No. 51. Pages H891-H902 Earlier, the House agreed to table the Dreier motion to reconsider the vote on ordering the previous question by a Recorded vote of 229 ayes to 189 noes, Roll No. 52. Pages H900-01 Calendar Wednesday: Agreed by unanimous consent to dispense with the Calendar Wednesday business of Wednesday, January 31. Page H915 Speaker Pro Tempore: Read a letter from the Speaker wherein she appointed Representative Hoyer and Representative Van Hollen to act as Speaker pro tempore to sign enrolled bills and joint resolutions through January 29, 2007. Page H915 House of Representatives Page Board--Appointment: Read a letter from the Minority Leader wherein he appointed Representative Capito to the House of Representatives Page Board. Page H915 House of Representatives Page Board-- Appointment: The Chair announced the Speaker's appointment of Representatives Kildee and DeGette to the House of Representatives Page Board. Page H915 Senate Messages: Messages received from the Senate today appear on pages H889 and H929. Senate Referral: S. 1 was held at the desk. Quorum Calls--Votes: Three yea-and-nay votes and four recorded votes developed during the proceedings of today and appear on pages H900, H901, H901-02, H902, H903, H903-04, and H912-13. There were no quorum calls. Adjournment: The House met at 10 a.m. and at 5:50 p.m., pursuant to the provisions of H. Con. Res. 41, stands adjourned until 2 p.m. on Monday, January 29, 2007. Committee Meetings COMMITTEE ORGANIZATION Committee on Education and Labor: Met for organizational purposes. SOUTH SUDAN Committee on Foreign Affairs: Subcommittee on Africa and Global Health held a hearing on South Sudan: The Comprehensive Peace Agreement on Life Support. Testimony was heard from Representative Wolf; and Roger Winter, former Special Representative for Sudan. COMMITTEE ORGANIZATION Committee on the Judiciary: Met for organizational purposes. [[Page D85]] MISCELLANEOUS MEASURES; COMMITTEE ORGANIZATION; OVERSIGHT PLAN Committee on Science and Technology: Ordered reported the following measures: H.R. 365, Methamphetamine Remediation Research Act of 2007; H. Res. 59, Supporting the goals and ideals of National Engineers Week; and H. Con. Res. 34, Honoring the life of Percy Lavon Julian, a pioneer in the field of organic chemistry research and development and the first and only African American chemist to be inducted into the National Academy of Sciences. Prior to this action, the Committee met for organizational purposes. The Committee approved an Oversight Plan for the 110th Congress. SURFACE TRANSPORTATION SYSTEM Committee on Transportation and Infrastructure: Subcommittee on Highways and Transit held a hearing on Surface Transportation System: Challenges for the Future. Testimony was heard from Jeffrey N. Shane, Under Secretary, Policy, Department of Transportation; and public witnesses. POVERTY--ECONOMIC AND SOCIETAL COSTS Committee on Ways and Means: Held a hearing on Economic and Societal Costs of Poverty. Testimony was heard from Sigurd R. Nilsen, Director, Education, Workforce, and Income Security, GAO; and public witnesses. INTELLIGENCE SUPPORT TO POLICY MAKER Permanent Select Committee on Intelligence: Met in executive session to hold a hearing on Intelligence Support to the Policy Maker. Testimony was heard from Lee Hamilton, Co-Chair, Iraq Study Group (Baker-Hamilton Commission). COMMITTEE MEETINGS FOR THURSDAY, JANUARY 25, 2007 (Committee meetings are open unless otherwise indicated) Senate Committee on Armed Services: to hold hearings to examine the current situation in Iraq and on the Administration's recently announced strategy for continued United States assistance to the Iraqi government and for an increased United States military presence in Iraq, 9:30 a.m., SD-106. Committee on Banking, Housing, and Urban Affairs: to hold hearings to examine the billing, marketing, and disclosure practices of the credit card industry, and their impact on consumers, 9:30 a.m., SD- 538. Committee on the Budget: to hold hearings to examine the Congressional Budget Office budget and economic outlook, 10 a.m., SD-608. Committee on Energy and Natural Resources: to hold hearings to examine oil and gas resources on the Outer Continental Shelf and areas available for leasing in the Gulf of Mexico, 9:30 a.m., SD- 366. Committee on Foreign Relations: to resume hearings to examine the remaining options relating to securing America's interests in Iraq focusing on reconstruction strategy, 9:15 a.m., SH-216. Full Committee, to resume hearings to examine the remaining options relating to securing America's interests in Iraq focusing on political strategy, 2:30 p.m., SD-628. Committee on Homeland Security and Governmental Affairs: Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia, to hold hearings to examine the Federal government's efforts to develop a foreign language strategy, focusing on the government's efforts to increase foreign language education to meet the Federal workforce, national security, and economic competitiveness needs, 2:30 p.m., SD-342. Committee on Indian Affairs: business meeting to consider an original resolution authorizing expenditures for committee operations, and committee's rules of procedure for the 110th Congress, 9:30 a.m., SR-485. Committee on the Judiciary: business meeting to consider an original resolution authorizing expenditures for committee operations, committee's rules of procedure for the 110th Congress, subcommittee assignments, the nominations of Lisa Godbey Wood, to be United States District Judge for the Southern District of Georgia, Philip S. Gutierrez, and Valerie L. Baker, each to be United States District Judge for the Central District of California, Lawrence Joseph O'Neill, to be United States District Judge for the Eastern District of California, Gregory Kent Frizzell, to be United States District Judge for the Northern District of Oklahoma, S. 188, to revise the short title of the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006, S. 214, to amend chapter 35 of title 28, United States Code, to preserve the independence of United States attorneys, S. Res. 21, recognizing the uncommon valor of Wesley Autrey of New York, New York, S. Res. 24, designating January as ``National Stalking Awareness Month'', and S. Res. 29, expressing the sense of the Senate regarding Martin Luther King, Jr. Day, 10 a.m., SD-226. Select Committee on Intelligence: to hold hearings to examine intelligence reform, 2:30 p.m., SH-216. House No committee meetings are scheduled. 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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 D86]] _______________________________________________________________________ Next Meeting of the SENATE 9:30 a.m., Thursday, January 25 Senate Chamber Program for Thursday: Senate will continue consideration of H.R. 2, Fair Minimum Wage, and after one hour of debate, vote on, or in relation to, DeMint Amendment No. 158. Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, January 29 House Chamber Program for Monday: To be announced. _______________________________________________________________________ Extensions of Remarks, as inserted in this issue HOUSE Bachus, Spencer, Ala., E181 Becerra, Xavier, Calif., E183 Blumenauer, Earl, Ore., E186 Camp, Dave, Mich., E191 Carney, Christopher P., Pa., E183 Clarke, Yvette D., N.Y., E185 Davis, Tom, Va., E188 Diaz-Balart, Lincoln, Fla., E189 Engel, Eliot L., N.Y., E193 Forbes, J. Randy, Va., E186 Frelinghuysen, Rodney P., N.J., E187 Gallegly, Elton, Calif., E190 Garrett, Scott, N.J., E190 Gordon, Bart, Tenn., E192 Hoekstra, Peter, Mich., E186 Jackson-Lee, Sheila, Tex., E192 Johnson, Eddie Bernice, Tex., E183 Kennedy, Patrick J., R.I., E184 Kildee, Dale E., Mich., E181 Kirk, Mark Steven, Ill., E191 Lewis, Ron, Ky., E193 McCollum, Betty, Minn., E182, E190, E191 Matsui, Doris O., Calif., E192 Murphy, Tim, Pa., E187 Neal, Richard E., Mass., E184 Poe, Ted, Tex., E185 Rogers, Mike, Ala., E187 Ruppersberger, C.A. Dutch, Md., E182, E190 Sanchez, Linda T., Calif., E185 Shimkus, John, Ill., E182, E191, E193 Space, Zachary T., Ohio, E186 Stark, Fortney Pete, Calif., E181, E191 Stupak, Bart, Mich., E188, E189 Upton, Fred, Mich., E189