Tuesday, November 1, 2005 [[Page D1124]] Daily Digest HIGHLIGHTS See Resume of Congressional Activity. Senate Chamber Action Routine Proceedings, pages S12079-S12148 Measures Introduced: Nine bills were introduced, as follows: S. 1942- 1950. Pages S12127-28 Measures Passed: Rosa Parks Federal Building: Senate passed H.R. 2967, to designate the Federal building located at 333 Mt. Elliott Street in Detroit, Michigan, as the ``Rosa Parks Federal Building'', clearing the measure for the President. Page S12099 Festival of China: Committee on Foreign Relations was discharged from further consideration of S. Con. Res. 56, expressing appreciation for the contribution of Chinese art and culture and recognizing the Festival of China at the Kennedy Center, and the resolution was then agreed to. Page S12146 Budget Reconciliation: Senate continued consideration of S. 1932, to provide for reconciliation pursuant to section 202(a) of the concurrent resolution on the budget for fiscal year 2006 (H. Con. Res. 95), taking action on the following amendments proposed thereto: Pages S12079-99, S12099-S12122 Pending: Gregg (for Frist/Gregg) Amendment No. 2347, to provide amounts to address influenza and newly emerging pandemics. Pages S12087-95 Conrad Amendment No. 2351, to fully reinstate the pay-as-you-go requirement through 2010. Pages S12095-97 Enzi Modified Amendment No. 2352, to provide elementary and secondary education assistance to students and schools impacted by Hurricane Katrina and to lower origination fees. Pages S12097-99, S12144-45 Lincoln Amendment No. 2356, to provide emergency health care and other relief for survivors of Hurricane Katrina. Pages S12106-14 Inhofe/Chambliss Amendment No. 2355, to cap non-defense, non-trust- fund, discretionary spending at the previous fiscal year's level, beginning with fiscal year 2007. Pages S12114-20 Nelson (FL) Amendment No. 2357, to hold Medicare beneficiaries harmless for the increase in the 2007 Medicare monthly part B premium that would otherwise occur because of the 2006 increase in payments under the physician fee schedule. Pages S12120-22 Pursuant to the order of Thursday, October 27, 2005, Senate will continue consideration of the bill at 8:30 a.m., on Wednesday, November 2, 2005. Page S12146 Agriculture Appropriations Conference Report--Agreement: A unanimous- consent agreement was reached providing that at a time determined by the Majority Leader in consultation with the Democratic Leader, Senate begin consideration of the conference report to accompany H.R. 2744, making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2006; that there be two hours of debate divided equally between the majority and minority, and that upon the use, or yielding back of time, Senate vote on adoption of the conference report. Page S12145 Closed Session: During today's proceedings, a motion was made, in accordance with Rule 21 of the Standing Rules of the Senate, for the Senate to go into a closed session. Page S12101 Messages From the President: Senate received the following message from the President of the United States: Transmitting, pursuant to law, a report relative to the continuation of the national emergency with respect to Sudan; which was referred to the Committee on Banking, Housing, and Urban Affairs. (PM-29) Page S12126 Nominations Received: Senate received the following nominations: [[Page D1125]] Ben S. Bernanke, of New Jersey, to be a Member of the Board of Governors of the Federal Reserve System for a term of fourteen years from February 1, 2006. Ben S. Bernanke, of New Jersey, to be Chairman of the Board of Governors of the Federal Reserve System for a term of four years. Steven Alan Browning, of Texas, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador to the Republic Uganda. Jeanine E. Jackson, of Wyoming, to be Ambassador to Burkina Faso. 1 Coast Guard nomination in the rank of admiral. Page S12148 Nominations Withdrawn: Senate received notification of withdrawal of the following nominations: Roger Francisco Noriega, of Kansas, to be a Member of the Board of Directors of the Inter-American Foundation for a term expiring September 20, 2006, which was sent to the Senate on January 4, 2005. Roger Francisco Noriega, of Kansas, to be a Member of the Board of Directors of the Inter-American Foundation for a term expiring September 20, 2006, which was sent to the Senate on February 14, 2005. Page S12148 Messages From the House: Pages S12126-27 Executive Communications: Page S12127 Additional Cosponsors: Pages S12128-29 Statements on Introduced Bills/Resolutions: Pages S12129-32 Additional Statements: Pages S12125-26 Amendments Submitted: Pages S12132-44 Notices of Hearings/Meetings: Page S12144 Authorities for Committees to Meet: Page S12144 Privileges of the Floor: Page S12144 Adjournment: Senate convened at 9 a.m., and adjourned at 8:23 p.m., until 8:30 a.m., on Wednesday, November 2, 2005. (For Senate's program, see the remarks of the Acting Majority Leader in today's Record on page S12146.) Committee Meetings (Committees not listed did not meet) IMPROVISED EXPLOSIVE DEVICES Committee on Armed Services: Committee met in closed session to receive a briefing on the progress of the Joint Improvised Explosive Devices (IED) Task Force from Brigadier General Joseph L. Votel, USA, Director, Joint IED Task Force. Nominations: Committee on Commerce, Science, and Transportation: Committee concluded a hearing to examine the nominations of Shana L. Dale, of Georgia, to be Deputy Administrator of the National Aeronautics and Space Administration, and Mark V. Rosenker, of Maryland, who was introduced by Senator Allen, and Kathryn Higgins, of South Dakota, who was introduced by Senator Sarbanes and Representative Levin, each to be a Member of the National Transportation Safety Board, after the nominees testified and answered questions in their own behalf. NATIONAL PARK SERVICE MANAGEMENT POLICIES Committee on Energy and Natural Resources: Subcommittee on National Parks concluded an oversight hearing to examine the National Park Service's Draft Management Policies, including potential impact of the policies on park operations, park resources, interaction with gateway communities, and solicitation and collection of donations, after receiving testimony from Stephen P. Martin, Deputy Director, National Park Service, and William P. Horn, former Assistant Secretary for Fish and Wildlife and Parks, both of the Department of the Interior; Denis P. Galvin, McLean, Virginia, on behalf of the National Parks Conservation Association; and Don H. Castleberry, Little Rock Arkansas, on behalf of the Coalition of National Park Service Retirees. NOMINATIONS: Committee on the Judiciary: Committee concluded a hearing to examine the nominations of Eric Nicholas Vitaliano and Joseph Frank Bianco, each to be a United States District Judge for the Eastern District of New York, who were introduced by Senators Schumer and Clinton, Gregory F. Van Tatenhove, to be United States District Judge for the Eastern District of Kentucky, who was introduced by Senator Bunning, and Timothy Mark Burgess, to be United States District Judge for the District of Alaska, who was introduced by Senators Stevens and Murkowski, after the nominees testified and answered questions in their own behalf. [[Page D1126]] House of Representatives Chamber Action Public Bills and Resolutions Introduced: 13 public bills, H.R. 4183- 4195; and 1 resolution, H. Res. 526 were introduced. Page H9472 Additional Cosponsors: Pages H9472-73 Reports Filed: Reports were filed today as follows: H.R. 3665, to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide adaptive housing assistance to disabled veterans residing temporarily in housing owned by a family member and to make direct housing loans to Native American veterans, with amendments (H. Rept. 109-263). Pages H9471-72 Speaker: Read a letter from the Speaker wherein he appointed Representative Porter to act as Speaker pro tempore for today. Page H9437 Recess: The House recessed at 12:55 p.m. and reconvened at 2 p.m. Page H9439 Meeting Hour: Agreed that when the House adjourns today, it adjourn to meet at 2 p.m. on tomorrow, Wednesday, November 2nd. Page H9441 Suspensions: The House agreed to suspend the rules and pass the following measures: Heinz Ahlmeyer, Jr. Post Office Building Designation Act: H.R. 3548, to designate the facility of the United States Postal Service located on Franklin Avenue in Pearl River, New York, as the ``Heinz Ahlmeyer, Jr. Post Office Building'', by a yea-and-nay vote of 390 yeas with none voting ``nay'', Roll No. 557; Pages H9442-43, H9446-47 Lillian McKay Post Office Building Designation Act: H.R. 2413, to designate the facility of the United States Postal Service located at 1202 1st Street in Humble, Texas, as the ``Lillian McKay Post Office Building''; and Pages H9443-44 Albert Harold Quie Post Office Designation Act: H.R. 3989, amended, to designate the facility of the United States Postal Service located at 37598 Goodhue Avenue in Dennison, Minnesota, as the ``Albert Harold Quie Post Office'', by a yea-and-nay vote of 391 yeas to 1 nay, Roll No. 558. Pages H9444-46, H9447-48 Agreed to amend the title so as to read: ``A bill to designate the facility of the United States Postal Service located at 37598 Goodhue Avenue in Dennison, Minnesota, as the Albert H. Quie Post Office.'' Page H9448 Presidential Message: Read a message from the President wherein he notified Congress of the continuation of the national emergency with respect to Sudan and is to continue in effect beyond November 3, 2005-- referred to the Committee on International Relations and ordered printed (H. Doc. 109-66). Page H9446 Recess: The House recessed at 2:50 p.m. and reconvened at 6:30 p.m. Page H9446 Senate Message: Messages received from the Senate today appears on pages H9440, and H9447. Quorum Calls--Votes: Two yea-and-nay votes developed during the proceedings of today and appear on pages H9446-47, and H9447-48. There were no quorum calls. Adjournment: The House met at 12:30 p.m. and adjourned at 10:58 p.m. Committee Meetings SPACE SECURITY Committee on Armed Services: Asymmetric and Unconventional Threats Gap Panel held a hearing on space security. Testimony was heard from public witnesses. SICK CRIME: COUNTERFEIT DRUGS IN THE UNITED STATES Committee on Government Reform: Subcommittee on Criminal Justice, Drug Policy and Human Resources held a hearing entitled ``Sick Crime: Counterfeit Drugs in the United States.'' Testimony was heard from Randall W. Lutter, Acting Associate Commissioner, Policy and Planing, FDA, Department of Health and Human Services; Jim Dahl, former Assistant Director, Investigations, Office of Criminal Investigations, FDA, Department of Health and Human Services; and public witnesses. HISTORIC PRESERVATION--KATRINA AND RITA Committee on Government Reform: Subcommittee on Federalism and the Census held a hearing on Historic Preservation vs. Katrina and Rita: What Role Should Federal, State and Local Governments Play in Preserving Historic Properties Affected by this Catastrophic Storm? Testimony was heard from Janet Matthews, Associate Director, Cultural Resources, National Park Service, Department of the Interior; Mitchell J. Landrieu Lieutenant Governor, State of Louisiana; H.T. Holmes, Director, Department of Archives and History, State of Mississippi; and public witnesses. [[Page D1127]] REFORMING HAZMAT TRUCKING SECURITY Committee on Homeland Security: Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity held a hearing entitled ``Reforming HAZMAT Trucking Security.'' Testimony was heard from Justin Oberman, Assistant Director, Transportation Threat Assessment and Credentialing, Transportation Security Administration, Department of Homeland Security; Robert McGuire, Associate Administrator, Pipeline and Hazardous Materials Safety Administration, Department of Transportation; and public witnesses. SUDAN: LOSING GROUND ON PEACE Committee on International Relations: Subcommittee on Africa, Global Human Rights and International Operations held a hearing on Sudan: Losing Ground on Peace? Testimony was heard from Jendayi Frazer, Assistant Secretary, Bureau of African Affairs, Department of State. ADMINISTRATIVE LAW, PROCESS AND PROCEDURE PROJECT Committee on the Judiciary: Subcommittee on Commercial and Administrative Law held an oversight hearing entitled ``Administrative Law, Process and Procedure Project.'' Testimony was heard from J. Christopher Mihm, Managing Director, Strategic Issues, GAO; Morton Rosenberg, Specialist in American Public Law, American Law Division, CRS, Library of Congress; and public witnesses. OVERSIGHT--VOTING RIGHTS ACT Committee on the judiciary: Subcommittee on the Constitution held an oversight hearing entitled ``The Voting Rights Act: Section 5-- Preclearance Standards.'' Testimony was heard from public witnesses. PAIN OF THE UNBORN Committee on the Judiciary: Subcommittee on the Constitution an oversight hearing entitled ``Pain of the Unborn.'' Testimony was heard from public witnesses. PROMOTING PRIVATE SECTOR EMERGENCY PREPAREDNESS Committee on Small Business: Held a hearing entitled ``Promoting Private Sector Emergency Preparedness.'' Testimony was heard from public witnesses. SOCIAL SECURITY NUMBER HIGH RISK ISSUES Committee on Ways and Means: Subcommittee on Social Security held a hearing on Social Security Number High Risk Issues. Testimony was heard from the following officials of the SSA: Frederick G. Streckewald, Assistant Deputy Commissioner, Disability and Income Security Programs; and James A. Kissko, Deputy Inspector General. Joint Meetings APPROPRIATIONS: FOREIGN OPERATIONS Conferees agreed to file a conference report on the differences between the Senate and House passed versions of H.R. 3057, making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2006. COMMITTEE MEETINGS FOR WEDNESDAY, NOVEMBER 2, 2005 (Committee meetings are open unless otherwise indicated) Senate Committee on Appropriations: Subcommittee on Labor, Health and Human Services, Education, and Related Agencies, to hold hearings to examine funding needs for pandemic influenza preparedness, 9 a.m., SD-124. Committee on Commerce, Science, and Transportation: business meeting to consider the nominations of Mark V. Rosenker, of Maryland, and Kathryn Higgins, of South Dakota, each to be a Member of the National Transportation Safety Board, and Shana L. Dale, of Georgia, to be Deputy Administrator of the National Aeronautics and Space Administration, and other pending calendar business, 2:30 p.m., SH-216. Committee on Energy and Natural Resources: Subcommittee on Public Lands and Forests, to hold hearings to examine S. 1548, to provide for the conveyance of certain Forest Service land to the city of Coffman Cove, Alaska, S. 1541, to protect, conserve, and restore public land administered by the Department of the Interior or the Forest Service and adjacent land through cooperative cost-shared grants to control and mitigate the spread of invasive species, S. 1552, to amend Public Law 97-435 to extend the authorization for the Secretary of the Interior to release certain conditions contained in a patent concerning certain land conveyed by the United States to Eastern Washington University until December 31, 2009, H.R. 482, to provide for a land exchange involving Federal lands in the Lincoln National Forest in the State of New Mexico, and S. 405, to provide for the conveyance of certain public land in Clark County, Nevada, for use as a heliport, 2 p.m., SD-366. Committee on Environment and Public Works: to resume hearings to examine the response to Hurricane Katrina, 9:30 a.m., SD-406. Committee on Foreign Relations: to hold hearings to examine security and nonproliferation implications relating to U.S.-Indian nuclear energy cooperation, 3 p.m., SD-419. Committee on Homeland Security and Governmental Affairs: to hold hearings to examine why the levees failed relating to Hurricane Katrina, 9:30 a.m., SD-342. [[Page D1128]] Committee on Indian Affairs: to hold an oversight hearing to examine In Re Tribal Lobbying Matters, Et Al, 9:30 a.m., SH-216. Committee on the Judiciary: Subcommittee on Constitution, Civil Rights and Property Rights, business meeting to mark up S.J. Res. 1, proposing an amendment to the Constitution of the United States relating to marriage, 2:30 p.m., SD-226. Select Committee on Intelligence: to hold closed hearings to examine certain intelligence matters, 2:30 p.m., SH-219. House Committee on Agriculture, hearing to review Agricultural Negotiations in the Doha Development Round, 1:30 p.m., 1300 Longworth. Committee on Appropriations, to approve the Report on the Revised Suballocation of Budget Allocations for Fiscal Year 2006, 11 a.m., 2359 Rayburn. Subcommittee on the Department of Labor, Health and Human Services, Education, and Related Agencies, hearing on Pandemic Influenza, 1:30 p.m., 2358 Rayburn. Committee on Armed Services, hearing on acquisition reform, 12 p.m., 2118 Rayburn. Committee on Energy and Commerce, Subcommittee on Energy and Air Quality, hearing entitled ``Natural Gas and Heating Oil for American Homes,'' 1 p.m., 2123 Rayburn. Subcommittee on Oversight and Investigations, to consider a motion for the issuance of subpoenas in the silicosis investigation, 5:30 p.m., 2322 Rayburn. Committee on International Relations, Subcommittee on the Western Hemisphere, to mark up the following: a measure Mourning the horrific loss of life caused by the floods and mudslides that occurred in October 2005 in Central America and Mexico and expressing the sense of Congress that the United States should do everything possible to assist the affected people and communities; H. Con. Res. 90, Conveying the sympathy of Congress to the families of the young women murdered in the State of Chihuahua, Mexico, and encouraging increased United States involvement in bringing an end to these crimes; and H. Res. 458, Remembering and commemorating the lives and work of Maryknoll Sisters Maura Clarke and Ita Ford, Ursuline Sister Dorothy Kazel, and Cleveland Lay Mission Team Member Jean Donovan, who were executed by members of the armed forces of El Salvador on December 2, 1980, 3:30 p.m., 2200 Rayburn. Committee on Rules, to consider H.R. 4128, Private Property Rights Prevention Act of 2005, 5 p.m., H-313 Capitol. Committee on Science, Subcommittee on Energy, hearing on Winning Teams and Innovation Technologies from the 2005 Solar Decathlon, 2 p.m., 2318 Rayburn. Committee on Transportation and Infrastructure, to consider H. Res. 488, Requesting that the President transmit to the House of Representatives information in his possession relating to contracts for services or construction related to Hurricane Katrina recovery, 1:30 p.m., 2167 Rayburn. Committee on Ways and Means, to consider the draft implementing proposal on the United States-Bahrain Free Trade Agreement Implementation Act, 6 p.m., 1100 Longworth. Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina, hearing entitled ``Hurricane Katrina: The Federal Government's Use of Contractors to Prepare and Respond,'' 1 p.m., 2154 Rayburn. *These figures include all measures reported, even if there was no accompanying report. A total of 173 reports have been filed in the Senate, a total of 262 reports have been filed in the House. [[Page D1129]] Resume of Congressional Activity FIRST SESSION OF THE ONE HUNDRED NINTH CONGRESS The first table gives a comprehensive resume of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation. DATA ON LEGISLATIVE ACTIVITY January 4 through October 31, 2005 Senate House Total Days in session............... 135 116 .. Time in session............... 1,019 hrs., 41 865 hrs., 17 .. Congressional Record: Pages of proceedings........... 12,078 9,436 .. Extensions of Remarks.......... .. 2,227 .. Public bills enacted into law. 26 68 94 Private bills enacted into law .. .. .. Bills in conference........... 9 10 .. Measures passed, total........ 452 523 975 Senate bills................... 121 29 .. House bills.................... 76 199 .. Senate joint resolutions....... 2 1 .. House joint resolutions........ 5 9 .. Senate concurrent resolutions.. 17 10 .. House concurrent resolutions... 30 69 .. Simple resolutions............. 201 206 .. Measures reported, total...... *218 *248 466 Senate bills................... 174 3 .. House bills.................... 21 135 .. Senate joint resolutions....... 2 .. .. House joint resolutions........ .. 3 .. Senate concurrent resolutions.. 1 .. .. House concurrent resolutions... .. 5 .. Simple resolutions............. 20 102 .. Special reports............... 11 6 .. Conference reports............ .. 8 .. Measures pending on calendar.. 170 76 .. Measures introduced, total.... 2,313 5,064 7,377 Bills.......................... 1,934 4,182 .. Joint resolutions.............. 27 70 .. Concurrent resolutions......... 61 287 .. Simple resolutions............. 291 525 .. Quorum calls.................. 3 1 .. Yea-and-nay votes............. 281 271 .. Recorded votes................ .. 284 .. Bills vetoed.................. .. .. .. Vetoes overridden............. .. .. .. DISPOSITION OF EXECUTIVE NOMINATIONS January 4 through October 31, 2005 Civilian nominations, totaling 442, disposed of as follows: Confirmed..........................................268... Unconfirmed........................................161... Withdrawn...........................................11... Returned to White House..............................2... Other Civilian nominations, totaling 1,890, disposed of as follows: Confirmed........................................1,370... Unconfirmed........................................520... Air Force nominations, totaling 9,760, disposed of as follows: Confirmed........................................5,963... Unconfirmed......................................3,797... Army nominations, totaling 6,891, disposed of as follows: Confirmed........................................6,777... Unconfirmed........................................114... Navy nominations, totaling 4,545, disposed of as follows: Confirmed........................................4,538... Unconfirmed..........................................7... Marine Corps nominations, totaling 1,380, disposed of as follows: Confirmed........................................1,378... Unconfirmed..........................................2... Summary Total nominations carried over from the First Session....0 Total nominations received this Session.............24,908 Total confirmed.....................................20,294 Total unconfirmed....................................4,601 Total withdrawn.........................................11 Total returned to the White House........................2 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. 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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 D1130]] _______________________________________________________________________ Next Meeting of the SENATE 8:30 a.m., Wednesday, November 2 Senate Chamber Program for Wednesday: Senate will continue consideration of S. 1932, Budget Reconciliation. Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Wednesday, November 2 House Chamber Program for Wednesday: Consideration of Suspensions: (1) H.R. 1606-- Online Freedom of Speech Act; (2) H.R. 4061--Department of Veterans Affairs Information Technology Management Improvement Act of 2005; (3) H.R. 1691--John H. Bradley Department of Veterans Affairs Outpatient Clinic Designation Act and (4) H. Con. Res. 281--Congratulating the Chicago White Sox on winning the 2005 World Series. _______________________________________________________________________ Extensions of Remarks, as inserted in this issue HOUSE Baldwin, Tammy, Wisc., E2234, E2234 Becerra, Xavier, Calif., E2236 Blackburn, Marsha, Tenn., E2231 Chocola, Chris, Ind., E2239 Costa, Jim, Calif., E2230 Duncan, John J., Jr., Tenn., E2229 Farr, Sam, Calif., E2231 Filner, Bob, Calif., E2240 Garrett, Scott, N.J., E2231 Grijalva, Raul M., Ariz., E2235 Hobson, David L., Ohio, E2232 Hoyer, Steny H., Md., E2229 Hyde, Henry J., Ill., E2230 Johnson, Eddie Bernice, Tex., E2238 Jones, Walter B., N.C., E2240 Kildee, Dale E., Mich., E2229, E2235 King, Peter T., N.Y., E2237 Kucinich, Dennis J., Ohio, E2233, E2234, E2235 Lee, Barbara, Calif., E2238 Lewis, Ron, Ky., E2241 Linder, John, Ga., E2231 Lipinski, Daniel, Ill., E2236 McDermott, Jim, Wash., E2236 Maloney, Carolyn B., N.Y., E2229 Pallone, Frank, Jr., N.J., E2233, E2234, E2235 Pomeroy, Earl, N.D., E2240 Porter, Jon C., Nev., E2230 Rangel, Charles B., N.Y., E2238 Rogers, Mike, Ala., E2237 Sanders, Bernard, Vt., E2230 Sessions, Pete, Tex., E2237 Shays, Christopher, Conn., E2239 Stupak, Bart, Mich., E2236 Towns, Edolphus, N.Y., E2232 Velazquez, Nydia M., N.Y., E2231 Wilson, Heather, N.M., E2234