Wednesday, October 26, 2005 [[Page D1092]] Daily Digest Senate Chamber Action Routine Proceedings, pages S11853-S11951 Measures Introduced: Five bills and one resolution were introduced, as follows: S. 1921-1925, and S. Res. 288. Page S11917 Measures Reported: S. Res. 255, recognizing the achievements of the United States Fish and Wildlife Service and the Waterfowl Population Survey. S. 1285, to designate the Federal building located at 333 Mt. Elliott Street in Detroit, Michigan, as the ``Rosa Parks Federal Building''. Page S11917 Measures Passed: Rosa Parks Federal Building/William B. Bryant Annex: Senate passed S. 1285, to designate the Federal building located at 333 Mt. Elliott Street in Detroit, Michigan, as the ``Rosa Parks Federal Building'', after agreeing to the following amendment proposed thereto: Pages S11892-94 Warner Amendment No. 2330, to designate the annex to the E. Barrett Prettyman Federal Building and United States Courthouse located at 333 Constitution Avenue Northwest in the District of Columbia as the ``William B. Bryant Annex''. Page S11894 Recognizing Wellington Mara: Senate agreed to S. Res. 288, recognizing the life and accomplishments of Wellington Mara of New York. Page S11950 National Domestic Violence Awareness Month: Committee on the Judiciary was discharged from further consideration of S. Res. 282, supporting the goals and ideals of National Domestic Violence Awareness Month and expressing the sense of the Senate that Congress should raise awareness of domestic violence in the United States and its devastating effects on families, and the resolution was then agreed to. Pages S11950-51 Labor/HHS/Education Appropriations: Senate continued consideration of H.R. 3010, making appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies for the fiscal year ending September 30, 2006, taking action on the following amendments proposed thereto: Pages S11857, S11910 Adopted: Coburn Amendment No. 2231, to require that any limitation, directive, or earmarking contained in either the House of Representatives or Senate report accompanying this bill be included in the conference report or joint statement accompanying the bill in order to be considered as having been approved by both Houses of Congress. Page S11875 Santorum Amendment No. 2239, to provide funding for the purchase of rapid oral HIV tests. Pages S11881-82 Specter Amendment No. 2291, to restrict the use of funds to implement or enforce the interim final rule with respect to power mobility devices. Page S11885 Specter (for Levin) Amendment No. 2268, to amend section 316 of the Immigration and Nationality Act, to reduce the residency requirement and limit the adjudication period for the naturalization of aliens with extraordinary ability so that such aliens may represent the United States as international events. Page S11886 Specter (for Chambliss) Amendment No. 2260, to permit an alien to remain eligible for a diversity visa beyond the fiscal year in which the alien applied for the visa. Pages S11885-88 Specter (for Frist) Amendment No. 2278, to increase funding for suicide prevention activities. Page S11901 Durbin Amendment No. 2315, to designate a port of entry. Pages S11901-02 Durbin Amendment No. 2228, to ensure the scientific integrity of Federally-funded scientific advisory committees and their findings. Pages S11873-75, S11902 Harkin (for Kennedy) Modified Amendment No. 2246, to ensure that the Current Employment Survey maintains the content of the survey issued prior to August 2005 with respect to the collection of data for the women worker series. Pages S11902-05 Dayton Amendment No. 2244, to provide for the production and mailing of a corrected Medicare and You handbook. Pages S11881, S11905 [[Page D1093]] Rejected: By 46 yeas to 53 nays (Vote No. 271), Gregg/Grassley Modified Amendment No. 2253, to increase appropriations for the Low-Income Home Energy Assistance Program by $1,276,000,000, with an across-the-board reduction. Pages S11889-92 By 14 yeas to 85 nays (Vote No. 274), Coburn Amendment No. 2232, to increase funding for the AIDS drug assistance program. Pages S11876-80, S11895-96 Pending: Sununu Amendment No. 2214, to provide for the funding of the Low- Vision Rehabilitation Services Demonstration Project. Page S11857 Sununu Modified Amendment No. 2215, to increase funding for community health centers. Pages S11857, S11872-73 Thune Further Modified Amendment No. 2193, to provide funding for telehealth programs. Pages S11857, S11908-09 Murray Amendment No. 2220, to provide stop gap coverage for low- income Seniors and disabled individuals who may lose benefits or suffer a gap in coverage due to the implementation of the Medicare part D prescription drug benefit. Pages S11857-58 Harkin Modified Amendment No. 2283, to make available funds for pandemic flu preparedness. Pages S11863, S11866, S11888-89 Clinton/Schumer Amendment No. 2313, to provide for payments to the New York State Uninsured Employers Fund for reimbursement of claims related to the terrorist attacks of September 11, 2001, and payments to the Centers for Disease Control and Prevention for treatment for emergency services personnel and rescue and recovery personnel. Pages S11872, S11909 Coburn Amendment No. 2233, to prohibit the use of funds for HIV Vaccine Awareness Day activities. Pages S11875-76 Coburn Amendment No. 2230, to limit funding for conferences. Page S11876 Dayton Amendment No. 2245, to fully fund the Federal Government's share of the costs under part B of the Individuals with Disabilities Education Act. Page S11881 Dayton Amendment No. 2289, to increase funding for disabled voter access services under the Help America Vote Act of 2002. Page S11881 Santorum Amendment No. 2241, to establish a Congressional Commission on Expanding Social Service Delivery Options. Pages S11882-83 Santorum Amendment No. 2237, to provide grants to promote healthy marriages. Pages S11883-85 Durbin (for Boxer/Ensign) Amendment No. 2287, to increase appropriations for after-school programs through 21st century community learning centers. Page S11896 Bingaman (for Smith/Bingaman) Amendment No. 2259, to provide funding for the AIDS Drug Assistance Program within the Health Resources and Services Administration. Page S11896 Bingaman Amendment No. 2218, to increase funding for advanced placement programs. Pages S11896-97 Bingaman Amendment No. 2219, to increase funding for school dropout prevention. Page S11897 Bingaman/Salazar Amendment No. 2262, to increase funding for education programs serving Hispanic students. Pages S11897-S11900 Harkin Amendment No. 2322, to prohibit payments for administrative expenses under the Medicaid program if more than 15 percent of applications for medical assistance, eligibility redeterminations, and change reports are processed by individuals who are not State employees meeting certain personnel standards. Page S11900 Cornyn Amendment No. 2277, to increase the amount of appropriated funds available for Community-Based Job Training Grants. Pages S11900-01 Landrieu Amendment No. 2248, to increase appropriations for the Federal TRIO programs for students affected by Hurricanes Katrina or Rita. Pages S11905-06 Landrieu Amendment No. 2250, to provide funding to carry out the Mosquito Abatement for Safety and Health Act. Page S11906 Landrieu Amendment No. 2249, to require that any additional community health center funding be directed, in part, to centers in areas affected by Hurricane Katrina or Hurricane Rita. Page S11906 Collins/Feingold Modified Amendment No. 2265, to fund grants for innovative programs to address dental workforce needs. Pages S11906-07 Murray Amendment No. 2285, to insert provisions related to an investigation by the Inspector General. Pages S11907-08 Ensign Amendment No. 2300, to prohibit funding for the support, development, or distribution of the Department of Education's e- Language Learning System (ELLS). Page S11909 During consideration of this measure today, the Senate also took the following action: By 44 yeas to 51 nays (Vote No. 269), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to waive section 302(f) of the Congressional Budget Act of 1974, with respect to Byrd Amendment No. 2275, to provide additional funding for title I of the Elementary and Secondary Education Act of 1965. [[Page D1094]] Subsequently, the point of order that the amendment would provide spending in excess of the subcommittee's 302(b) allocation was sustained, and the amendment thus fell. Pages S11859-66 By 54 yeas to 43 nays (Vote No. 270), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to waive section 502(c)(5) of H. Con. Res. 95, Congressional Budget Resolution, with respect to the emergency designation provision in Reed Further Modified Amendment No. 2194, to provide for appropriations for the Low-Income Home Energy Assistance Program. Subsequently, a point of order that the emergency designation provision would violate section 502(c)(5) of H. Con. Res. 95 was sustained and the provision was stricken. Also, the Chair sustained a point order that the amendment would exceed the subcommittee's 302(b) allocation and the amendment thus fell. Pages S11857, S11858-59, S11891 By 47 yeas to 52 nays (Vote No. 272), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to waive section 302(f) of the Congressional Budget Act of 1974, with respect to Dodd Amendment No. 2254, to increase appropriations for Head Start programs. Subsequently, the point of order that the amendment would provide spending in excess of the subcommittee's 302(b) allocation was sustained, and the amendment thus fell. Pages S11866-69, S11892 By 46 yeas to 53 nays (Vote No. 273), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to waive section 302(f) of the Congressional Budget Act of 1974, with respect to Clinton Amendment No. 2292, to provide additional funding for part B of the Individuals with Disabilities Education Act. Subsequently, the point of order that the amendment would provide spending in excess of the subcommittee's 302(b) allocation was sustained, and the amendment thus fell. Pages S11869-72, S11894-95 A unanimous-consent agreement was reached providing for further consideration of the bill at 9:30 a.m., on Thursday, October 27, 2005, with the time until 10 a.m., equally divided between the majority and the minority, and at 10 a.m., Senate vote on the motion to invoke cloture on the bill; provided further, that Senators have up until 10 a.m. to file second-degree amendments. Page S11891 Defense Authorization--Agreement: A unanimous-consent-time agreement was reached providing that at a time determined by the Majority Leader, with the concurrence of the Democratic Leader, Senate resume consideration of S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces; that it be considered under certain limitations relative to amendments; provided further, that there be 2 hours of general debate on the bill divided between the two managers; and that at the expiration of that time and the disposition of certain amendments, the bill be read a third time, and the Senate then proceed to a vote on the passage of the bill, as amended, if amended. Nominations Confirmed: Senate confirmed the following nominations: Robert Joseph Henke, of Virginia, to be an Assistant Secretary of Veterans Affairs (Management). William F. Tuerk, of Virginia, to be Under Secretary of Veterans Affairs for Memorial Affairs. Lisette M. Mondello, of Texas, to be an Assistant Secretary of Veterans Affairs (Public and Intergovernmental Affairs). Page S11951 Nominations Received: Senate received the following nominations: Bernadette Mary Allen, of Maryland, to be Ambassador to the Republic of Niger. Janice L. Jacobs, of Virginia, to be Ambassador to the Republic of Senegal, and to serve concurrently and without additional compensation as Ambassador to the Republic of Guinea-Bissau. Marilyn Ware, of Pennsylvania, to be Ambassador to Finland. Routine lists in the Army. Page S11951 Messages From the House: Page S11916 Measures Referred: Page S11916 Executive Communications: Pages S11916-17 Additional Cosponsors: Pages S11917-19 Statements on Introduced Bills/Resolutions: Pages S11919-22 Additional Statements: Pages S11915-16 Amendments Submitted: Pages S11922-48 Notices of Intent: Page S11948 Notices of Hearings/Meetings: Page S11948 Authorities for Committees to Meet: Pages S11948-49 Privileges of the Floor: Page S11949 Record Votes: Six record votes were taken today. (Total-274) Pages S11866, S11891-92, S11894-95, S11896 Adjournment: Senate convened at 9:30 a.m., and adjourned at 7:51 p.m., until 9:30 a.m., on Thursday, October 27, 2005. (For Senate's program, see the remarks of the Majority Leader in today's Record on page S11951.) [[Page D1095]] Committee Meetings (Committees not listed did not meet) RECONCILIATION Committee on the Budget: Committee ordered favorably reported an original bill entitled, ``Deficit Reduction Omnibus Reconciliation Act of 2005''. FEDERAL LANDS RECREATION ENHANCEMENT ACT Committee on Energy and Natural Resources: Subcommittee on Public Lands and Forests concluded a hearing to examine the implementation of the Federal Lands Recreation Enhancement Act (P.L. 108-447), by the Forest Service and the Department of the Interior, after receiving testimony from Mark Rey, Under Secretary of Agriculture for Natural Resources and Environment; P. Lynn Scarlett, Assistant Secretary of the Interior for Policy, Management and Budget; Marvel C. Stalcup, Arizona No-Fee Coalition, Sedona; Kitty Benzar, Western Slope No-Fee Coalition, Norwood, Colorado; Lance Young, One World Outing Club, Seattle, Washington; and Aubrey C. King, King and Gorin, Bowie, Maryland, on behalf of Western States Tourism Policy Council, Southeast Tourism Society, National Association of RV Parks and Campgrounds, and the National Alliance of Gateway Communities. BUSINESS MEETING Committee on Environment and Public Works: Committee reported favorably the following business items: S. 1869, to reauthorize the Coastal Barrier Resources Act; S. Res. 255, recognizing the achievements of the United States Fish and Wildlife Service and the Waterfowl Population Survey; and S. 1285, to designate the Federal building located at 333 Mt. Elliott Street in Detroit, Michigan, as the ``Rosa Parks Federal Building''. Also, committee failed to approve for reporting S. 1772, to streamline the refinery permitting process, as amended. ECO-TERRORISM: ANIMAL RIGHTS ACTIVISTS Committee on Environment and Public Works: Committee continued a hearing to examine the threat posed by animal rights activists, specifically Stop Huntingdon Animal Cruelty and their use of direct action against individuals and companies, focusing on efforts to combat domestic extremists, and ways to protect victims, after receiving testimony from John E. Lewis, Deputy Assistant Director, Counterterrorism Division, Federal Bureau of Investigation, and Barry M. Sabin, Chief, Counterterrorism Section, Criminal Division, both of the Department of Justice; Mark L. Bibi, Huntingdon Life Sciences, Inc., Hackensack, New Jersey; Skip Boruchin, Legacy Trading Company, Edmond, Oklahoma; Richard P. Bernard, New York Stock Exchange, New York, New York; and Jerry Vlasak, North American Animal Liberation Press Office, Santa Monica, California. NOMINATION Committee on Foreign Relations: Committee concluded a hearing to examine the nomination of James Caldwell Cason, of Florida, to be Ambassador to the Republic of Paraguay, after the nominee testified and answered questions in his own behalf. UNCOLLECTED TAXES Committee on Homeland Security and Governmental Affairs: Subcommittee on Federal Financial Management, Government Information, and International Security concluded an oversight hearing to examine the tax gap, focusing on components that make up the tax gap and how to ensure that American taxpayers are not bearing the financial burden of those who are not complying with the law, after receiving testimony from Mark Everson, Commissioner, Internal Revenue Service, Department of the Treasury; Bart Lanier Graham, Georgia Department of Revenue, Atlanta; and Colleen M. Kelley, National Treasury Employees Union, Washington, D.C. EMERGENCY PREPAREDNESS Committee on the Judiciary: Subcommittee on Terrorism, Technology and Homeland Security concluded a hearing to examine emergency preparedness relating to terrorism, focusing on communications failures, risk-based funding, and risk assessment, after receiving testimony from former Senator Slade Gorton, on behalf of the National Commission on Terrorist Attacks Upon the United States; Wayne C. Thomas, Innovative Emergency Management, Inc., Baton Rouge, Louisiana; Henry R. Renteria, California Governor's Office of Emergency Services, Mather; Matthew R. Bettenhausen, California Office of Homeland Security, Sacramento; and Michael O'Hanlon, Brookings Institution, Washington, D.C. NINTH CIRCUIT Committee on the Judiciary: Subcommittee on Administrative Oversight and the Courts concluded a hearing to examine proposals to divide the Ninth Judicial Circuit of the United States, including S. 1296, S. 1301, and S. 1845, after receiving testimony from Diarmuid F. O'Scannlain, Portland, Oregon, Richard C. Tallman, Seattle, Washington, Alex Kozinski, Pasadena, California, Andrew J. Kleinfeld, Fairbanks, [[Page D1096]] Alaska, and Sidney R. Thomas, Billings, Montana, each a Circuit Judge, and Mary M. Schroeder, Chief Judge, Phoenix, Arizona, all of the United States Court of Appeals for the Ninth Circuit; and District Judge John M. Roll, United States District Court for the District of Arizona, Tucson; and Chief Judge Emeritus Marilyn L. Huff, United States District Court for the Southern District of California, San Diego. INTELLIGENCE Select Committee on Intelligence: Committee met in closed session to receive a briefing on certain intelligence matters from officials of the intelligence community. House of Representatives Chamber Action Public Bills and Resolutions Introduced: 11 public bills, H.R. 4144- 4154; and 13 resolutions, H. Con. Res. 275-279; and H. Res. 511-518 were introduced. Pages H9275-76 Additional Cosponsors: Pages H9276-77 Reports Filed: Reports were filed today as follows: Conference report on H.R. 2744, making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2006, (H. Rept. 109-255). Page H9275 Speaker: Read a letter from the Speaker wherein he appointed Representative Miller of Michigan to act as Speaker pro tempore for today. Page H9105 Chaplain: The prayer was offered today by Rev. Mark Vander Meer, Pastor, Monocacy Valley Church, Ijamsville, Maryland. Page H9105 Journal: Agreed to the Speaker's approval of the Journal by a yea-and- nay vote of 349 yeas to 62 nays with 2 voting ``present'', Roll No. 540. Pages H9105, H9126 Energy and Water Development Appropriations Act, 2006--Motion to go to Conference: The House disagreed to the Senate amendment and agreed to a conference on H.R. 2419, to make appropriations for energy and water development for the fiscal year ending September 30, 2006. Page H9110 Appointed as conferees: Representatives Messrs. Hobson, Frelinghuysen, Latham, Wamp, Mrs. Emerson, Messrs. Doolittle, Simpson, Rehberg, Lewis of California, Visclosky, Edwards, Pastor, Clyburn, Berry, and Obey. Page H9110 Suspensions--Proceedings Postponed: The House completed debate on the following measure under suspension of the rules. Further consideration will continue tomorrow, Thursday, October 27th: Hurricane Katrina Financial Services Relief Act of 2005: H.R. 3945, amended, to facilitate recovery from the effects of Hurricane Katrina by providing greater flexibility for, and temporary waivers of certain requirements and fees imposed on, depository institutions and Federal regulatory agencies; and Page H9196 Congratulating the State of Israel on the election of Ambassador Dan Gillerman as Vice-President of the 60th United Nations General Assembly: H. Res. 368, to congratulate the State of Israel on the election of Ambassador Dan Gillerman as Vice-President of the 60th United Nations General Assembly. Pages H9202-04 Federal Housing Finance Reform Act of 2005: The House passed H.R. 1461, to reform the regulation of certain housing-related Government- sponsored enterprises, after adopting the amendment in the nature of a substitute, by a recorded vote of 331 ayes to 90 noes, Roll No. 547. Pages H9110-23, H9125-88, H9189-96 Rejected the Frank motion to recommit the bill to the Committee on Financial Services with instructions to report the same back to the House forthwith with amendments, by a recorded vote of 200 ayes to 220 noes, Roll No. 546. Pages H9192-95 Pursuant to the rule, the amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill shall be considered as an original bill for the purpose of amendment and shall be considered as read. The rule waives all points of order against the committee amendment in the nature of a substitute. Pages H9110-11, H9141-78 Agreed to: Carson amendment (no. 2 printed in H. Rept. 109-254) that permits personal property loans secured by manufactured housing to be considered in determining whether a GSE has met its duty to serve underserved markets. The amendment permits manufactured homes that have not been attached to [[Page D1097]] ground owned by a manufactured home owner to count towards this goal; Page H9178 Davis of Alabama amendment (no. 3 printed in H. Rept. 109-254) which clarifies the definition of ``rural'' to make it consistent with the same definition in the Housing Act of 1949. The amendment retains ``micro-politian area'' and ``tribal trust lands'' as part of the definition; Pages H9178-79 Oxley Manager's amendment (no. 1 printed in H. Rept. 109-254) that makes a number of technical and conforming changes to the affordable housing role of Fannie Mae and Freddie Mac. The amendment also clarifies that federally recognized tribes and Alaskan Native villages qualify for funding under the Affordable Housing Fund established by the bill, (by a recorded vote of 210 ayes to 205 noes, Roll No. 541); Pages H9180-81 Sanchez, Loretta, of California amendment (no. 8 printed in H. Rept. 109-254) that adds ``alternative credit scoring'' as an additional element to the Annual Housing Report Regarding Regulated Entities; and Page H9188 Kanjorski amendment (no. 9 printed in H. Rept. 109-254) that restores Presidential appointees on the boards of Fannie Mae and Freddie Mac and by retaining the regulatory appointees on the boards of the Federal Home Loan Banks. Makes modifications to the boards of the Federal Home Loan Banks related to the number of regulatory appointees, the expertise of appointees in community and economic development, and the allowable continued service of appointees after the expiration of their terms. Pages H9189-90 Rejected: Leach amendment (no. 4 printed in H. Rept. 109-254) which sought to give the newly created regulator (FHFA) greater authority to impose capital strictures on GSEs, (by a recorded vote of 36 ayes to 378 noes, Roll No. 542); Pages H9179-80, H9181-82 Royce amendment (no. 5 printed in H. Rept. 109-254) which sought to authorize the regulator to require one or both of the enterprises to dispose or acquire assets or liabilities if the regulator deems those assets or liabilities to be a potential systemic risk to the housing market, the capital markets, or the financial system, (by a recorded vote of 73 ayes to 346 noes, Roll No. 543); Pages H9182-84, H9190-91 Paul amendment (no. 6 printed in H. Rept. 109-254) which sought to eliminate the ability of Fannie Mae, Freddie Mac, and the Federal Home Loan Bank Board, to borrow from the Treasury, (by a recorded vote of 47 ayes to 371 noes, Roll No. 544); and Pages H9184-85, H9191 Garrett amendment (no. 7 printed in H. Rept. 109-254) which sought to strike the language in the bill that raises the Conforming Loan Limit, (by a recorded vote of 57 ayes to 358 noes, Roll No. 545). Pages H9185-88, H9191-92 Agreed that the Clerk be authorized to make technical and conforming changes in the engrossment of the bill to reflect the actions of the House. Page H9196 H. Res. 509, the rule providing for consideration of the bill was agreed to by a yea-and-nay vote of 220 yeas to 196 nays, Roll No. 539, after agreeing to order the previous question by voice vote. Pages H9125-26 Committee Resignation: Read a letter from Representative Blunt wherein he resigned from the Committee on Energy and Commerce. Page H9188 Committee Election: The House agreed to H. Res. 513 electing Representative Barrett to the Committee on Energy and Commerce. Page H9189 Suspensions: The House agreed to suspend the rules and pass the following measures: Amending the Federal Food, Drug, and Cosmetic Act to provide for the regulation of all contact lenses as medical devices: S. 172, to amend the Federal Food, Drug, and Cosmetic Act to provide for the regulation of all contact lenses as medical devices--clearing the measure for the President; Pages H9196-98 Designating the Federal building located at 333 Mt. Elliott Street in Detroit, Michigan, as the ``Rosa Parks Federal Building'': H.R. 2967, to designate the Federal building located at 333 Mt. Elliott Street in Detroit, Michigan, as the ``Rosa Parks Federal Building''; and Pages H9198-H9202 Iran Nonproliferation Amendments Act of 2005: S. 1713, amended, to make amendments to the Iran Nonproliferation Act of 2000 related to International Space Station payments. Pages H9240-46 Agreed to amend the title so as to read: ``An Act to make amendments to the Iran Nonproliferation Act of 2000 related to International Space Station payments, and for other purposes.''. Page H9246 Enrollment of H.R. 3765: The House agreed by unanimous consent to H. Con. Res. 276, requesting the President to return to the House of Representatives the enrollment of H.R. 3765 so that the Clerk of the House may reenroll the bill in accordance with the action of the two Houses. Page H9198 Senate Message: Message received from the Senate today appears on page H9123. Senate Referrals: S. 443 was referred to the Committee on the Judiciary. Page H9273 [[Page D1098]] Quorum Calls--Votes: Two yea-and-nay votes, and seven recorded votes developed during the proceedings of today and appear on pages H9125-26, H9126, H9181, H9181-82, H9190, H9191, H9191-92, H9195, H9196. There were no quorum calls. Adjournment: The House met at 10 a.m. and adjourned at 11:16 p.m. Committee Meetings MISSISSIPPI RIVER AGRICULTURAL TRANSPORTATION Committee on Agriculture: Held a hearing to review the current impact of Mississippi River transportation on agricultural markets. Testimony was heard from the following officials of the Department of the Army: John Paul Woodley, Jr., Assistant Secretary (Civil Works); and MG Don T. Riley, USA, Director, Civil Works, U.S. Army Corps of Engineers; Floyd Gaibler, Deputy Under Secretary, Farm and Foreign Agricultural Services, USDA; and public witnesses. REGIONAL POWERS' MILITARY CAPABILITIES AND THREATS TO U.S. INTERESTS Committee on Armed Services: Regional Powers Panel held a hearing on an overview of regional powers' military capabilities and threats to U.S. interests. Testimony was heard from James R. Lilley, former Ambassador to the People's Republic of China and to the Republic of Korea; and a public witness. RADICAL ISLAMIC TERRORIST THREAT Committee on Armed Services: Terrorism and Radical Islam Gap Panel held a hearing on responding to the radical Islamic terrorist threat--the Department of Defense's roles, missions, and capabilities in the Global War on Terrorism. Testimony was heard from MG Robert H. Scales, Jr., USA, (ret.), former Commandant, U.S. Army War College; and a public witness. BUDGET RECONCILIATION Committee on Education and the Workforce: Approved, as amended, amendments to the Employee Retirement Income Security Act (ERISA); and amendments to the Higher Education Act to be transmitted to the Committee on the Budget in compliance with the reconciliation directive included in section 201(a) of the Concurrent Resolution on the Budget for Fiscal Year 2006. Will continue tomorrow. BUDGET RECONCILIATION Committee on Energy and Commerce: Approved, as amended, reconciliation recommendations for Title I, Digital Television Transition Act of 2005, for transmission to the Committee on the Budget in compliance with the reconciliation directive included in section 201(a) of the Concurrent Resolution on the Budget for Fiscal Year 2006. Will continue tomorrow. FEDERAL REAL PROPERTY DISPOSAL PILOT PROGRAM AND MANAGEMENT IMPROVEMENT ACT OF 2005 Committee on Government Reform: Ordered reported, as amended, H.R. 3134, Federal Real Property Disposal Pilot Program and Management Improvement Act of 2005. RESOLUTION--DIRECTING CERTAIN INFORMATION BE PROVIDED RELATING TO REAPPORTIONMENT OF AIRPORT SCREENERS Committee on Homeland Security: Ordered unfavorably reported H. Res. 463, Of inquiry directing the Secretary of Homeland Security to provide certain information to the House of Representatives relating to the reapportionment of airport screeners. ENSURING OPERABILITY DURING CATASTROPHIC EVENTS Committee on Homeland Security: Subcommittee on Emergency Preparedness, Science, and Technology held a hearing entitled ``Ensuring Operability During Catastrophic Events.'' Testimony was heard from Mark Rey, Under Secretary, Natural Resources and Environment, USDA; the following officials of the Department of Homeland Security: David Boyd, Director, SAFECOM, Office of Interoperability and Communications; and Peter Fonash, Deputy Manager, National Communications System; Ken Moran, Director, Office of Homeland Security, Enforcement Bureau, FCC; and Linton Wells, Acting Assistant Secretary, Networks and Information, Integration and Chief Information Officer, Department of Defense. U.S.-INDIA GLOBAL PARTNERSHIP Committee on International Relations: Held a hearing on the U.S.-India Global Partnership: The Impact of Nonproliferation. Testimony was heard from public witnesses. BUDGET RECONCILIATION Committee on Resources: Approved reconciliation recommendations for transition to the Committee on the Budget in compliance with the reconciliation directive included in section 201(a) of the Concurrent Resolution on the Budget for Fiscal Year 2006. [[Page D1099]] WORLD TRADE CENTER COLLAPSE INVESTIGATION Committee on Science: Held a hearing on the Investigation of the World Trade Center Collapse: Findings, Recommendations and Next Steps. Testimony was heard from William Jeffrey, Director, National Institute of Standards and Technology, Department of Commerce; and public witnesses. MISCELLANEOUS MEASURES; BUDGET RECONCILIATION Committee on Transportation and Infrastructure: Ordered reported the following bills: H.R. 1721, To amend the Federal Water Pollution Control Act to reauthorize programs to improve the quality of coastal recreation waters; H.R. 3963, To amend the Federal Water Pollution Control Act to extend the authorization of appropriations for Long Island Sound; and H.R. 4125, To permit the Administrator of General Services to make repairs and lease space without approval of a prospectus if the repair or lease is required as a result of damages to buildings or property attributable to Hurricane Katrina or Hurricane Rita. The Committee also approved U.S. Army Corps of Engineers Survey Resolutions; a Natural Resources Conservation Service Resolution; and GSA Capital Investment and Leasing Program Resolutions for Fiscal Year 2006. The Committee approved recommendations for transmittal to the Committee on the Budget to comply with Reconciliation Directive included in Section 201(a) of the Concurrent Resolution on the Budget for Fiscal Year 2006. BUDGET RECONCILIATION Committee on Ways and Means: Approved Entitlement Reconciliation Recommendations, as amended, for transmission to the Committee on the Budget in compliance with the reconciliation directive in section 201(a) of the Concurrent Resolution on the Budget for Fiscal Year 2006. MILITARY INTELLIGENCE PROGRAM Permanent Select Committee on Intelligence: Met in executive session to hold a hearing on Military Intelligence Program. Testimony was heard from departmental witnesses. Joint Meetings U.S. INTERESTS Commission on Security and Cooperation in Europe (Helsinki Commission): On Tuesday, October 25, Commission concluded a hearing to examine how the United States can best utilize the Organization for Security and Cooperation in Europe in advancing the interests of the United States, after receiving testimony from Daniel Fried, Assistant Secretary of State, Bureau of European and Eurasian Affairs. APPROPRIATIONS: AGRICULTURE Conferees agreed to file a conference report on the differences between the Senate and House passed versions of H.R. 2744, making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2006. COMMITTEE MEETINGS FOR THURSDAY, OCTOBER 27, 2005 (Committee meetings are open unless otherwise indicated) Senate Committee on Agriculture, Nutrition, and Forestry: Subcommittee on Forestry, Conservation, and Rural Revitalization, to hold an oversight hearing to examine the Forest and Rangeland Research Program of the USDA Forest Service, 10 a.m., SR-328A. Committee on Armed Services: closed business meeting to mark up S. 1803, to authorize appropriations for fiscal year 2006 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, 9:30 a.m., SR-222. Committee on Energy and Natural Resources: to hold hearings to examine Administration's response to hurricane recovery efforts related to energy and to discuss energy policy, 10 a.m., SH-216. Committee on Finance: Subcommittee on International Trade, to hold hearings to examine the status of World Trade Organization negotiations, 2 p.m., SD-215. Committee on Indian Affairs: business meeting to consider S. 1057, to amend the Indian Health Care Improvement Act to revise and extend that Act, S. 1003, to amend the Act of December 22, 1974, S. 692, to provide for the conveyance of certain public land in northwestern New Mexico by resolving a dispute associated with coal preference right lease interests on the land, S. 1892, to amend Public Law 107- 153 to modify a certain date, and S. 1219, to authorize certain tribes in the State of Montana to enter into a lease or other temporary conveyance of water rights to meet the water needs of the Dry Prairie Rural Water Association, Inc, 9:30 a.m., SR-485. Committee on the Judiciary: business meeting to consider S. 1088, to establish streamlined procedures for collateral review of mixed petitions, amendments, and defaulted claims, S. 1789, to prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance criminal penalties, law enforcement assistance, and other protections against security breaches, fraudulent access, and misuse of personally identifiable information, S. 751, to require Federal agencies, and persons engaged in interstate commerce, in possession of [[Page D1100]] data containing personal information, to disclose any unauthorized acquisition of such information, S. 1699, to amend title 18, United States Code, to provide criminal penalties for trafficking in counterfeit marks, S. 1095, to amend chapter 113 of title 18, United States Code, to clarify the prohibition on the trafficking in goods or services, H.R. 683, to amend the Trademark Act of 1946 with respect to dilution by blurring or tarnishment, S. 1787, to provide bankruptcy relief for victims of natural disasters, S. 1647, to amend title 11, United States Code, to provide relief to victims of Hurricane Katrina and other natural disasters, S.J. Res. 1, proposing an amendment to the Constitution of the United States relating to marriage, and the nominations: of Steven G. Bradbury, of Maryland, to be an Assistant Attorney General, Wan J. Kim, of Maryland, to be an Assistant Attorney General, Sue Ellen Wooldridge, of Virginia, to be an Assistant Attorney General, and Thomas O. Barnett, of Virginia, to be an Assistant Attorney General, 9:30 a.m., SD-226. Committee on Veterans' Affairs: to hold hearings to examine the rising number of disabled veterans deemed unemployable relating to the VA's individual unemployment benefit, 2 p.m., SR-418. Select Committee on Intelligence: to receive a closed briefing regarding certain intelligence matters, 2:30 p.m., SH-219. House Committee on Agriculture, to consider reconciliation instructions pursuant to the Conference Report to accompany H. Con. Res. 65, Establishing the congressional budget for the United States Government for fiscal year 2006, revising appropriate budgetary levels for fiscal year 2005, and setting forth appropriate budgetary levels for fiscal years 2007 through 2010, 1 p.m., 1300 Longworth. Committee on Armed Services, Asymmetric and Unconventional Threats Panel, hearing on Cyber Security, Information Assurance and Information Superiority, 9 a.m., 2118 Rayburn. Committee on Education and the Workforce, to mark up amendments to the Family Education Reimbursement Act of 2005 for transmission to the Committee on the Budget to comply with the reconciliation directive included in section 201(a) of the Concurrent Resolution on the Budget for Fiscal Year 10 a.m., 2175 Rayburn. Committee on Energy and Commerce, to mark up Title II, Medicaid, Katrina Health Care Relief, and Katrina and Rita Energy Relief, of Budget reconciliation recommendations, 8 a.m., 2123 Rayburn. Committee on Financial Services, to consider the following measures: H. Con. Res. 257, Expressing the sense of the Congress with regard to a moratorium on the payment of principal or interest on certain mortgage loans, small business loans, and consumer loans for residents of a Federal disaster area; H.R. 3909, Hurricane Check Cashing Relief Act of 2005; the National Flood Insurance Program Further Enhanced Borrowing Authority Act of 2005; H.R. 3505, Financial Services Regulatory Relief Act of 2005; ``Recommendations of the Committee on Financial Services for Reconciliation for FY06: Deposit Insurance Reform;'' and ``Recommendations of the Committee on Financial Services for Reconciliation for FY06: FHA Asset Disposition,'' 10 a.m., 2128 Rayburn. Committee on Homeland Security, Subcommittee on Management, Integration, and Oversight, hearing entitled ``The Department of Homeland Security Second-State Review: The Role of the Chief Medical Officer,'' 2 p.m., 311 Cannon. Subcommittee on Prevention of Nuclear and Biological Attack, hearing entitled ``Nuclear Incident Response Teams,'' 1 p.m., B-300 Rayburn. Committee on International Relations, Subcommittee on Africa, Global Human Rights and International Operations and the Subcommittee on Asia and the Pacific, joint hearing on Lifting the Veil: Getting the Refugees Out, Getting Our Message In: An Update on the Implementation of the North Korean Human Rights Act, 1:30 p.m., 2172 Rayburn. Subcommittee on International Terrorism and Nonproliferation, hearing on the U.S. Counterterrorism Strategy Update, 10:30 a.m., 2172 Rayburn. Subcommittee on the Middle East and Central Asia, hearing on U.S. Security Policy in Central Asia, 10:30 a.m., 2200 Rayburn. Committee on the Judiciary, to mark up the following bills: H.R. 1751, Secure Access to Justice and Court Protection Act of 2005; H.R. 4128, Private Property Rights Protection Act of 2005; and H.R. 4093, Federal Judgeship and Administrative Efficiency Act of 2005, 10 a.m., 2141 Rayburn. Committee on Resources, hearing on H.R. 3405, Strengthening the Ownership of Private Property Act of 2005, 10 a.m., and to hold an oversight hearing on the Operations of the Regional Fishery Management Councils and the Reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act, 2 p.m., 1324 Longworth. Subcommittee on Forests and Forest Health, hearing on the following bills: H.R. 1090, to designate a Forest Service trail at Waldo Lake in the Willamette National Forest in the State of Oregon as a national recreation trail in honor of Jim Weaver, a former Member of the House of Representative; H.R. 3603, Central Idaho Economic Development and Recreation Act; H.R. 3817, Valle Vidal Protection Act of 2005; and H.R. 4084, to amend the Forest Service use and occupancy permit program to restore the authority of the Secretary of Agriculture to utilize the special use permit fees collected by the Secretary in connection with the establishment and operation of marinas in units of the National Forest System derived from the public domain, 2 p.m., 1334 Longworth. Committee on Science, Subcommittee on Space and the Subcommittee on Government Management, Finance, and Accountability of the Committee on Government Reform, joint hearing on Financial Management at NASA: Challenges and Next Steps, 10 a.m., 2318 Rayburn. Committee on Transportation and Infrastructure, Subcommittee on Highways, Transit and Pipelines, oversight hearing on Rebuilding Highway and Transit Infrastructure on the Gulf Coast following Hurricane Katrina-State and Local Officials, 2 p.m., 2167 Rayburn. [[Page D1101]] Subcommittee on Water Resources and Environment, oversight hearing on Reducing Hurricane and Flood Risk in the Nation, 10 a.m., 2167 Rayburn. Permanent Select Committee on Intelligence, Subcommittee Terrorism, Human Intelligence, and Counterintelligence, executive, briefing on New York City Terrorism Threat Reporting, 2 p.m., H-405 Capitol. Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina, hearing entitled ``Hurricane Katrina: Preparedness and Response by the Department of Defense, the Coast Guard, and the National Guard of Louisiana, Mississippi, and Alabama,'' 10 a.m., 2154 Rayburn. Joint Meetings Conference: meeting of conferees on H.R. 2419, making appropriations for energy and water development for the fiscal year ending September 30, 2006, 2 p.m., S-207, Capitol. 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 D1102]] _______________________________________________________________________ Next Meeting of the SENATE 9:30 a.m., Thursday, October 27 Senate Chamber Program for Thursday: Senate will continue consideration of H.R. 3010, Labor/HHS/Education Appropriations, with a vote on the motion to invoke cloture on the bill to occur at 10 a.m. Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, October 27 House Chamber Program for Thursday: (1) H.J. Res. 65--Disapproving the recommendations of the Defense Base Closure and Realignment Commission; (2) H.R. 420--Lawsuit Abuse Reduction Act of 2005; and (3) H. Con. Res. __--To make amendments to H. Con. Res. 95, the congressional budget for the United States Government for fiscal year 2006.