Thursday, January 25, 2007 [[Page D87]] Daily Digest Senate Chamber Action Routine Proceedings, pages S1135-S1205 Measures Introduced: Sixteen bills and five resolutions were introduced, as follows: S. 387-402, and S. Res. 40-44. Pages S1188-89 Measures Reported: S. Res. 21, recognizing the uncommon valor of Wesley Autrey of New York, New York. S. Res. 24, designating January 2007 as ``National Stalking Awareness Month''. S. Res. 29, expressing the sense of the Senate regarding Martin Luther King, Jr. Day and the many lessons still to be learned from Dr. King's example of nonviolence, courage, compassion, dignity, and public service. S. Res. 40, authorizing expenditures by the Senate Committee on Indian Affairs. S. Res. 42, authorizing expenditures by the Committee on the Judiciary. Page S1188 Measures Passed: Philadelphia Academy of Music: Senate agreed to S. Res. 43, honoring the important contributions to the Nation of the Academy of Music in Philadelphia, Pennsylvania on its 150th Anniversary. Page S1204 New Effective Date of Law: Committee on Banking, Housing and Urban Affairs was discharged from further consideration of H.R. 188, to provide a new effective date for the applicability of certain provisions of law to Public Law 105-331, and the bill was then passed, clearing the measure for the President. Page S1204 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 S1136-82 Adopted: By a unanimous vote of 93 yeas (Vote No. 27), Baucus Amendment No. 207 (to Amendment No. 100), to express the sense of the Senate that Congress should repeal the 1993 tax increase on Social Security benefits and eliminate wasteful spending, such as spending on unnecessary tax loopholes, in order to fully offset the cost of such repeal and avoid forcing taxpayers to pay substantially more interest to foreign creditors. Pages S1160-62 Collins Amendment No. 204 (to Amendment No. 113), to amend the Internal Revenue Service Code of 1986 to permanently extend and increase the above-the-line deduction for teacher classroom supplies and to expand such deduction to include qualified professional development expenses. Pages S1164-67 By a unanimous vote of 90 yeas (Vote No. 29), Baucus Amendment No. 206 (to Amendment No. 100), to express the sense of the Senate that Congress should make permanent the tax incentives to make education more affordable and more accessible for American families and eliminate wasteful spending, such as spending on unnecessary tax loopholes, in order to fully offset the cost of such incentives and avoid forcing taxpayers to pay substantially more interest to foreign creditors. Pages S1159, S1167-70 By a unanimous vote of 94 yeas (Vote No. 31), Sessions Amendment No. 148 (to Amendment No. 100), to prohibit employers who unlawfully employ aliens from receiving government contracts. Pages S1173-79 Rejected: Kyl Amendment No. 205 (to Amendment No. 100), to extend through December 31, 2008, the depreciation treatment of leasehold, restaurant, and retail space improvements. (By 50 yeas to 42 nays (Vote No. 32), Senate tabled the amendment.) Pages S1152-55, S1159-60, S1179-80 Pending: Reid (for Baucus) Amendment No. 100, in the nature of a substitute. Pages S1136-82 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. Page S1136 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 S1136 Enzi (for Ensign/Inhofe) Amendment No. 152 (to Amendment No. 100), to reduce document fraud, [[Page D88]] prevent identity theft, and preserve the integrity of the Social Security system. Page S1136 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 S1136 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 S1136 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 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. Page S1136 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. Page S1136 DeMint Amendment No. 157 (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. Page S1136 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. Page S1136 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. Page S1136 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. Page S1136 DeMint Amendment No. 162 (to Amendment No. 100), to amend the Fair Labor Standards Act of 1938 regarding the minimum wage. Page S1136 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 S1136 Martinez Amendment No. 105 (to Amendment No. 100), to clarify the house parent exemption to certain wage and hour requirements. Pages S1141, S1147-48 Sanders Amendment No. 201 (to Amendment No. 100), to express the sense of the Senate concerning poverty. Pages S1155-56 Gregg Amendment No. 203 (to Amendment No. 100), to enable employees to use employee option time. Pages S1156-58 Burr Amendment No. 195 (to Amendment No. 100), to provide for an exemption to a minimum wage increase for certain employers who contribute to their employees' health benefit expenses. Page S1172 Chambliss Amendment No. 118 (to Amendment No. 100), to provide minimum wage rates for agricultural workers. Pages S1172-73 Kennedy (for Feinstein) Amendment No. 167 (to Amendment No. 118), to improve agricultural job opportunities, benefits, and security for aliens in the United States. Page S1173 Enzi (for Allard) Amendment No. 169 (to Amendment No. 100), to prevent identity theft by allowing the sharing of social security data among government agencies for immigration enforcement purposes. Pages S1180-82 During consideration of this measure today, the Senate also took the following action: By 18 yeas to 76 nays (Vote No. 25), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to waive section under 904(c) of the Congressional Budget Act of 1974, as made applicable by section 403(b)(1) of H. Con. Res. 95, Congressional Budget Resolution for Fiscal Year 2006, with respect to DeMint Amendment No. 158 (to Amendment No. 100), to increase the Federal minimum wage by an amount that is based on applicable State minimum wages. Subsequently, the point of order that the amendment was in violation of section 425(a) of the Congressional Budget Act of 1974, (prohibiting unfunded that exceed the limits established by the Budget Act), was sustained, and the amendment thus fell. Pages S1136-41 By 47 yeas to 48 nays (Vote No. 26), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to waive section 505(a) of H. Con. Res. 95, Congressional Budget Resolution, with respect to Enzi (for Ensign) Amendment No. 154 (to Amendment No. [[Page D89]] 100), to improve access to affordable health care. Subsequently, the point of order that the amendment increases mandatory spending and would cause an increase in the deficit in excess of levels permitted by H. Con. Res. 95, was sustained, and the amendment thus fell. Pages S1136, S1148-52 By 42 yeas to 51 nays (Vote No. 28), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to waive section 505(a) of H. Con. Res. 95, Congressional Budget Resolution, with respect to 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. Subsequently, the point of order that the amendment increases mandatory spending and would cause an increase in the deficit in excess of levels permitted by H. Con. Res. 95, was sustained, and the amendment thus fell. Pages S1136, S1161-63 By 43 yeas to 50 nays (Vote No. 30), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to waive section 505(a) of H. Con. Res. 95, Congressional Budget Resolution, with respect to Smith Amendment No. 113 (to Amendment No. 100), to make permanent certain education-related tax incentives. Subsequently, the point of order that the amendment increases mandatory spending and would cause an increase in the deficit in excess of levels permitted by H. Con. Res. 95, was sustained, and the amendment thus fell. Pages S1136, S1164-71 A unanimous-consent agreement was reached providing for further consideration of the bill on Friday, January 26, 2007, following the vote on the confirmation of the nomination of Lieutenant General David H. Petraeus, USA, to be General and Commander, Multi-National Forces-- Iraq. Pages S1204-05 Petraeus Nomination--Agreement: A unanimous-consent-time agreement was reached providing that at 9:00 a.m., Friday, January 26, 2007, Senate begin consideration of the nomination of Lieutenant General David H. Petraeus, USA, to be General and Commander, Multi-National Forces-- Iraq; that there be 45 minutes of debate equally divided between Senator Levin, and the Republican Leader, or his designee; and that upon conclusion of the debate, Senate vote on the confirmation of the nomination. Pages S1204-05 Executive Communications: Pages S1187-88 Additional Cosponsors: Pages S1189-90 Statements on Introduced Bills/Resolutions: Pages S1190-S1200 Additional Statements: Page S1187 Amendments Submitted: Pages S1200-03 Notices of Hearings/Meetings: Page S1203 Authorities for Committees to Meet: Page S1203-04 Record Votes: Eight record votes were taken today. (Total--32) Pages S1141, S1152, S1162, S1163, S1170, S1171, S1179, S1180 Adjournment: Senate convened at 9:30 a.m., and adjourned at 7:22 p.m., until 9:00 a.m., on Friday, January 26, 2006. (For Senate's program, see the remarks of the Acting Majority Leader in today's Record on pages S1204-05.) Committee Meetings (Committees not listed did not meet) IRAQ Committee on Armed Services: Committee concluded a hearing 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, after receiving testimony from William J. Perry, former Secretary of Defense, Hoover Institution, Stanford, California; General John M. Keane, former Vice Chief of Staff, United States Army; and Dennis B. Ross, Washington Institute for Near East Policy, Washington, D.C. CREDIT CARD INDUSTRY Committee on Banking, Housing, and Urban Affairs: Committee concluded a hearing to examine the billing, marketing, and disclosure practices of the credit card industry, and the impact of those practices on consumers, after receiving testimony from Elizabeth Warren, Harvard Law School, Cambridge, Massachusetts; Robert D. Manning, Rochester Institute of Technology E. Philip Saunders College of Business, Rochester, New York; Michael D. Donovan, Donovan Searles, LLC, Philadelphia, Pennsylvania, on behalf of the National Consumer Law Center and the National Association of Consumer Advocates; John G. Finneran, Jr., Capital One Financial Corporation, McLean, Virginia; Richard Vague, Barclays Bank Delaware, and Carter Franke, Chase Bank U.S.A., N.A., both of Wilmington, Delaware; Tamara Draut, Demos, London, United Kingdom; and Travis B. Plunkett, Consumer Federation of America, Washington, D.C., on behalf of Consumer Action. BUDGET AND ECONOMIC OUTLOOK Committee on the Budget: Committee concluded a hearing to examine the Congressional Budget Office budget and economic outlook for fiscal years 2008 through 2017, focusing on the projected growth of [[Page D90]] the economy of the United States and federal spending for major mandatory programs, after receiving testimony from Peter R. Orszag, Director, Congressional Budget Office. OIL AND GAS RESOURCES Committee on Energy and Natural Resources: Committee concluded an oversight hearing to examine oil and gas resources on the Outer Continental Shelf and areas available for leasing in the Gulf of Mexico, after receiving testimony from C. Stephen Allred, Assistant Secretary of the Interior; Marjorie A. McKeithen, Louisiana Department of Natural Resources Office of Mineral Resources, Baton Rouge; Lisa P. Jackson, New Jersey Department of Environmental Protection, Trenton; J. Larry Nichols, Devon Energy Corporation, Oklahoma City, Oklahoma; Athan Manuel, Sierra Club, Washington, D.C.; and Paul K. Siegele, Chevron Corporation, San Ramon, California. IRAQ: RECONSTRUCTION Committee on Foreign Relations: Committee continued hearings to examine the remaining options relating to securing America's interests in Iraq, focusing on reconstruction strategy, receiving testimony from David M. Satterfield, Senior Advisor to the Secretary of State and Coordinator for Iraq, Department of State; and Brigadier General Michael D. Jones, USA, J-5 Deputy Director for Political-Military Affairs-Middle East, Joint Chiefs of Staff. Hearings to continue. IRAQ: POLITICAL STRATEGY Committee on Foreign Relations: Committee continued hearings to examine the remaining options relating to securing America's interests in Iraq focusing on political strategy, receiving testimony from Laith Kubba, National Endowment for Democracy, Qubad Talabani, Kurdistan Regional Government, and Rend Al-Rahim, all of Washington, D.C.; and Toby Dodge, International Institute for Strategic Studies, London, United Kingdom. Hearings to continue. FOREIGN LANGUAGE STRATEGY Committee on Homeland Security and Governmental Affairs: Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia concluded a hearing 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, after receiving testimony from Michael L. Dominguez, Principal Deputy Under Secretary of Defense for Personnel and Readiness; Holly Kuzmich, Deputy Chief of Staff for Policy and Programs, Department of Education; Everette E. Jordan, Director, National Virtual Translation Center, on behalf of the Federal Bureau of Investigation, Department of Justice; Rita Oleksak, American Council on the Teaching of Foreign Languages, Alexandria, Virginia; Michael Petro, Committee for Economic Development, Washington, D.C.; and Diane W. Birckbichler, The Ohio State University, Columbus. BUSINESS MEETING Committee on Indian Affairs: Committee ordered favorably reported an original resolution (S. Res. 40) authorizing expenditures by the Committee and adopted its rules of procedure for the 110th Congress BUSINESS MEETING Committee on the Judiciary: Committee ordered favorably reported the following business items: S. Res. 21, recognizing the uncommon valor of Wesley Autrey of New York, New York; S. Res. 24, designating January 2007 as ``National Stalking Awareness Month''; S. Res. 29, expressing the sense of the Senate regarding Martin Luther King, Jr. Day and the many lessons still to be learned from Dr. King's example of nonviolence, courage, compassion, dignity, and public service; and 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, and Gregory Kent Frizzell, to be United States District Judge for the Northern District of Oklahoma. Committee ordered favorably reported an original resolution (S. Res. 42) authorizing expenditures by the Committee. Also, committee adopted its rules of procedure for the 110th Congress and announced the following subcommittee assignments: Subcommittee on Administrative Oversight and the Courts: Senators Schumer (Chair), Feinstein, Feingold, Whitehouse, Sessions, Grassley, and Graham. Subcommittee on Antitrust, Competition Policy and Consumer Rights: Senators Kohl (Chair), Leahy, Biden, Feingold, Schumer, Cardin, Hatch, Specter, Grassley, Brownback, and Coburn. Subcommittee on the Constitution: Senators Feingold (Chair), Kennedy, Feinstein, Durbin, Cardin, Brownback, Specter, Graham, and Cornyn. [[Page D91]] Subcommittee on Crime and Drugs: Senators Biden (Chair), Kennedy, Kohl, Feinstein, Feingold, Schumer, Durbin, Graham, Specter, Hatch, Grassley, Sessions, and Coburn. Subcommittee on Human Rights and the Law: Senators Durbin (Chair), Kennedy, Biden, Feingold, Cardin, Whitehouse, Coburn, Kyl, Graham, Cornyn, and Brownback. Subcommittee on Immigration, Border Security and Refugees: Senators Kennedy (Chair), Biden, Feinstein, Schumer, Durbin, Cornyn, Grassley, Kyl, and Sessions. Subcommittee on Terrorism, Technology and Homeland Security: Senators Feinstein (Chair), Kennedy, Biden, Kohl, Schumer, Durbin, Cardin, Kyl, Hatch, Sessions, Cornyn, Brownback, and Coburn. INTELLIGENCE REFORM Select Committee on Intelligence: Committee concluded a hearing to examine intelligence reform, focusing on strengthened intelligence capabilities, the national intelligence workforce, and budget authority, after receiving testimony from John S. Pistole, Deputy Director, Federal Bureau of Investigation, Department of Justice; Charles E. Allen, Assistant Secretary of Homeland Security for Intelligence and Analysis, Chief Intelligence Officer; James W. Spears, West Virginia Department of Military Affairs and Public Safety, Charleston; Cathy L. Lanier, Metropolitan Police Department, Washington, D.C.; and John C. Gannon, former Staff Director, House of Representatives Committee on Homeland Security, Alexandria, Virginia. House of Representatives Chamber Action The House was not in session today. It will meet at 2 p.m. on Monday, January 29, 2007, pursuant to the provisions of H. Con. Res. 41. Committee Meetings No committee meetings were held. COMMITTEE MEETINGS FOR FRIDAY, JANUARY 26, 2007 (Committee meetings are open unless otherwise indicated) Senate Committee on Armed Services: Subcommittee on Strategic Forces, to receive a closed briefing regarding recent Chinese anti-satellite testing, 9 a.m., S-407, Capitol. House No committee meetings are scheduled. CONGRESSIONAL RECORD (USPS 087ÿ09390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202ÿ09512ÿ091661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: gpoaccess@gpo.gov; Phone 1ÿ09888ÿ09293ÿ096498 (toll-free), 202ÿ09512ÿ091530 (D.C. area); Fax: 202ÿ09512ÿ091262. The Team's hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250ÿ097954, or phone orders to 866ÿ09512ÿ091800 (toll free), 202ÿ09512ÿ091800 (D.C. area), or fax to 202ÿ09512ÿ092250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. 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 D92]] _______________________________________________________________________ Next Meeting of the SENATE 9:00 a.m., Friday, January 26 Senate Chamber Program for Friday: Senate will begin consideration of the nomination of Lieutenant General David H. Petraeus, USA, to be General and Commander, Multi-National Forces--Iraq, and after a period of debate, vote on the confirmation thereon; following which, Senate will continue consideration of H.R. 2, Fair Minimum Wage. Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, January 29 House Chamber Program for Monday: To be announced.