Wednesday, February 1, 2006 [[Page D40]] Daily Digest HIGHLIGHTS See Resume of Congressional Activity. Senate Chamber Action Routine Proceedings, pages S387-S464 Measures Introduced: Nine bills and three resolutions were introduced, as follows: S. 2231-2239, S. Res. 363-364, and S. Con. Res. 79. Pages S446-47 Measures Passed: Palestinian Authority: Senate agreed to S. Con. Res. 79, expressing the sense of Congress that no United States assistance should be provided directly to the Palestinian Authority if any representative political party holding a majority of parliamentary seats within the Palestinian Authority maintains a position calling for the destruction of Israel. Page S459 Go Direct Month: Senate agreed to S. Res. 363, designating February 2006 as ``Go Direct Month''. Pages S459-60 Honoring Catholic Schools: Senate agreed to S. Res. 364, honoring the valuable contributions of Catholic schools in the United States. Page S460 Adjournment Resolution: Senate agreed to H. Con. Res. 332, providing for a conditional adjournment of the House of Representatives. Page S460 High Risk Health Insurance Extension: Committee on Health, Education, Labor and Pensions was discharged from further consideration of H.R. 4519, to amend the Public Health Service Act to extend funding for the operation of State high risk health insurance pools, and the bill was then passed, clearing the measure for the President. Page S460 Montana Indian Water Rights: Senate passed 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. Pages S460-61 Tax Relief Extension Reconciliation Act: Senate began consideration of H.R. 4297, to provide for reconciliation pursuant to section 201(b) of the concurrent resolution on the budget for fiscal year 2006. Pages S387-S436 A unanimous consent agreement was reached providing for further consideration of the bill at 9:30 a.m. on Thursday, February 2, 2006; that there be 3 hours and 30 minutes remaining for each side under the statute; and that the bill be subject to debate only until the Majority Leader is recognized at 10:45 a.m. Page S461 Nominations Received: Senate received the following nominations: 4 Army nominations in the rank of general. 1 Navy nomination in the rank of admiral. Routine lists in the Air Force, Army, Marine Corps. Pages S461-64 Messages From the House: Pages S443-44 Executive Communications: Pages S444-46 Additional Cosponsors: Page S447 Statements on Introduced Bills/Resolutions: Pages S447-54 Additional Statements: Pages S442-43 Amendments Submitted: Pages S454-58 Notices of Hearings/Meetings: Page S458 Authorities for Committees to Meet: Pages S458-59 Privileges of the Floor: Page S459 Adjournment: Senate convened at 9:15 a.m., and adjourned at 8 p.m., until 9:30 a.m., on Thursday, February 2, 2006. (For Senate's program, see the remarks of the Majority Leader in today's Record on page S461.) [[Page D41]] Committee Meetings (Committees not listed did not meet) WOMEN IN SPORTS Committee on Commerce, Science, and Transportation: Committee concluded a hearing to examine the importance of promoting and advancing opportunities for women in physical activity and sports, after receiving testimony from Dorothy G. Richardson, Vice-Chair, President's Council on Physical Fitness and Sports, Office of Public Health and Science, Department of Health and Human Services; Dominique Dawes, Women's Sports Foundation, and Jenni Finch, both of East Meadow, New York; Christine H.B. Grant, University of Iowa Department of Health and Sport Studies, Iowa City; Judith M. Sweet, National Collegiate Athletic Association, Washington, D.C.; Tara Erickson, University of Oregon Department of Athletics, Eugene; Lynette Mund, West Fargo High School, Fargo, North Dakota; Donna de Varona, Greenwich, Connecticut; and Catherine Reddick, Durham, North Carolina. HURRICANE KATRINA Committee on Homeland Security and Governmental Affairs: Committee continued hearings to examine Hurricane Katrina response issues, focusing on managing the crisis and evacuating New Orleans, and the role of the Federal Emergency Management Agency (FEMA), receiving testimony from Vincent Pearce, National Response Program Manager, Department of Transportation; Brigadier General Mark A. Graham, Deputy Commanding General, Fifth United States Army; Mayor C. Ray Nagin, New Orleans, Louisiana; and Dwight David Brashear, Capital Area Transit System, Baton Rouge, Louisiana. Committee will meet again on Thursday, February 2. GAMING APPLICATIONS Committee on Indian Affairs: Committee held an oversight hearing to examine off-reservation gaming issues, focusing on the process for considering gaming applications, the role of, and impact on, county governments, and the advent of ``reservation shopping'', receiving testimony from George T. Skibine, Acting Deputy Assistant Secretary of the Interior for Indian Affairs for Policy and Economic Development; Penny J. Coleman, National Indian Gaming Commission, Washington, DC; Philip Harju, Cowlitz Indian Tribe of Washington, Longview; Alvin Alexanderson, on behalf of the Citizens Against Reservation Shopping, Stand Up for Clark County, and the American Land Rights Association, Battleground, Washington; Duane Kromm, Solano County Board of Supervisors, Fairfield, California, on behalf of the California State Association of Counties; and Liz Thomas, Taxpayers of Michigan Against Casinos, Union Pier. Hearing recessed subject to the call. ENERGY MARKETS Committee on the Judiciary: Committee held a hearing to examine consolidation in the energy industry, focusing on factors that contribute to higher gasoline prices, receiving testimony from William E. Kovacic, Commissioner, Federal Trade Commission; James Wells, Director, Natural Resources and Environment, Government Accountability Office; Connecticut Attorney General Richard Blumenthal, Hartford; R. Preston McAfee, California Institute of Technology, Pasadena; Tyson Slocum, Public Citizen, Washington, DC; and Timothy A. Hamilton, Automotive United Trades Organization, Seattle, Washington. Hearing recessed subject to the call. DEATH PENALTY Committee on the Judiciary: Subcommittee on the Constitution, Civil Rights, and Property Rights held a hearing to examine the death penalty in the United States, focusing on innocent people convicted and sent to death row and racial disparity in the application of punishment, receiving testimony from John McAdams, Marquette University, Milwaukee, Wisconsin; Stephen B. Bright, Southern Center for Human Rights, and Paul H. Rubin, Emory University, both of Atlanta, Georgia; Jeffrey Fagan, Columbia Law School, New York, New York; Ann Scott, Tulsa, Oklahoma; and Vicki A. Schieber, Chevy Chase, Maryland. Hearing recessed subject to the call. [[Page D42]] House of Representatives Chamber Action Public Bills and Resolutions Introduced: 21 public bills, H.R. 4680- 4700; and 9 resolutions, H.J. Res. 76; H. Con. Res. 332-333; and H. Res. 664-669 were introduced. Pages H153-54 Additional Cosponsors: Pages H154-56 Reports Filed: Reports were filed today as follows: H.R. 4320, to restore the financial solvency of the national flood insurance program, with an amendment (H. Rept. 109-370). Page H153 Speaker: Read a letter from the Speaker wherein he appointed Representative Miller of Michigan to act as Speaker Pro Tempore for today. Page H27 Chaplain: The prayer was offered today by Rev. Don Davidson, Pastor, First Baptist Church, Alexandria, Virginia. Page H27 Recess: The House recessed at 10:12 a.m. and reconvened at 1:05 p.m. Page H28 Suspension: The House agreed to suspend the rules and pass the following measure: To eliminate floor privileges and access to Member exercise facilities for registered lobbyists who are former Members or officers of the House: H. Res. 648, eliminating floor privileges and access to Member exercise facilities for registered lobbyists who are former Members or officers of the House, by a yea-and-nay vote of 379 yeas to 50 nays with 1 voting ``present'', Roll No. 3. Pages H29-37, H67-68 Relating to consideration of the bill (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): The House agreed to H. Res. 648, relating to consideration of the bill (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), after ordering the previous question, by a yea-and-nay vote of 216 yeas to 214 nays, Roll No. 4. Pages H37-60, H68-H114 Earlier it was agreed to proceed with the consideration of the resolution by a yea-and-nay vote of 226 yeas to 201 nays, Roll No. 2. Page H40 Suspension: The House agreed to suspend the rules and pass the following measure: To amend the USA PATRIOT ACT to extend the sunset of certain provisions of such Act: H.R. 4659, amending the USA PATRIOT ACT to extend the sunset of certain provisions of such Act. Pages H60-67 Agreed by unanimous consent that the House vacate the ordering of the yeas and nays on adoption of H.R. 4659 to the end that the Chair may put the question on the resolution de novo. Page H114 Committee Chairman Resignation: Read a letter from Representative Ney wherein he resigned from the Chair of the Committee on House Administration. Pages H114-15 Committee Election: The House agreed to H. Res. 664, electing Representative Ehlers as Chairman to the Committee on House Administration and establishing that Mr. Ney is ranked thereafter. Page H115 Adjournment Resolution: The House agreed to H. Con. Res. 332, providing for the conditional adjournment of the House of Representatives. Page H115 Calendar Wednesday: Agreed by unanimous consent to dispense with the Calendar Wednesday business of Wednesday, February 8, 2006. Page H115 Speaker pro tempore: Read a letter from the Speaker wherein he appointed Representative Thornberry and the Honorable Tom Davis to act as Speaker pro tempore to sign enrolled bills and joint resolutions through February 7, 2006. Page H115 Honoring the life and accomplishments of Mrs. Coretta Scott King and her contributions as a leader in the struggle for civil rights, and expressing condolences to the King family on her passing: The House agreed to H. Res. 655, to honor the life and accomplishments of Mrs. Coretta Scott King and her contributions as a leader in the struggle for civil rights, and expressing condolences to the King family on her passing, by voice vote. The measure was considered under a unanimous consent agreement reached on Tuesday, January 31, 2006. Pages H115-26 Quorum Calls--Votes: Three yea-and-nay votes developed during the proceedings today and appear on pages H40, H67-68 and H68. There were no quorum calls. Adjournment: The House met at 10 a.m. and at 8:50 p.m. on Wednesday, February 1, pursuant to the provisions of H. Con. Res. 332, the House stands adjourned until 2 p.m. on Friday, February 3, 2006, unless it sooner has received a message from the Senate transmitting its adoption of H. Con. Res. 332, in which case the House shall stand adjourned pursuant to that concurrent resolution until 2 p.m. on Tuesday, February 7th. [[Page D43]] Committee Meetings COUNTERING A NUCLEAR IRAN Committee on Armed Services: Held a hearing on countering a nuclear Iran. Testimony was heard from public witnesses. U.S. FORCE PROTECTION Committee on Armed Services: Subcommittee on Tactical Air and Land Forces and the Subcommittee on Readiness held a joint hearing on Operation Iraqi Freedom and Operation Enduring Freedom Ground Forces Vehicle and Personnel Protection and Rotary Wing Safety of Flight Update. Testimony was heard from the following officials of the Department of Defense: Mg Jeffrey A. Sorenson, USA, Deputy, Acquisition and Systems Management; MG Stephen M. Speakes, USA, Director, Force Development; and BG Stephen D. Mundt, USA, Director, Army Aviation, all with the Department of the Army; MG William D. Catto, USMC, Commanding General, Marine Corps Systems Command; CDR Craig T. Mallak, USN, Office of the Armed Forces Medical Examiner; and BG Martin Post, USMC, Assistant Deputy Commandant for Aviation, all with the Department of the Navy. PHONE RECORD SECURITY Committee on Energy and Commerce: Held a hearing entitled ``Phone Records For Sale: Why Aren't Phone Records Safe From Pretexting?'' Testimony was heard from Kevin J. Martin, Chairman, FCC; Jon Leibowitz, Commissioner, FTC; Lisa Madigan, Attorney General, State of Illinois; and public witnesses. MISCELLANEOUS MEASURES; FEDERAL PENSION FORFEITURE ACT REVIEW Committee on Government Reform: Ordered reported the following measures: H.R. 4054, To designate the facility of the United States Postal Service located at 6110 East 51st Place in Tulsa, Oklahoma, as the ``Dewey F. Bartlett Post Office''; H.R. 4346, To designate the facility of the United States Postal Service located at 122 South Bill Street in Francesville, Indiana, as the ``Malcolm Melville `Mac' Lawrence Post Office''; H.R. 4456, To designate the facility of the United States Postal Service located at 2404 Race Street in Jonesboro, Arkansas, as the ``Hattie Caraway Station''; H.R. 4509, To designate the facility of the United States Postal Service located at 1271 North King Street in Honolulu, Oahu, Hawaii, as the ``Hiram L. Fong Post Office Building''; H. Res. 629, Supporting the goals and ideals of a day of Hearts, Congenital Heart Defect Day in order to increase awareness about congenital heart defects; and S. 1989, To designate the facility of the United States Postal Service located at 57 Rolfe Square in Cranston, Rhode Island, as the ``Holly A. Charette Post Office''. The Committee also held a hearing entitled ``Restoring the Public Trust: A Review of the `Federal Pension Forfeiture Act.' '' Testimony was heard from Linda M. Springer, Director, OPM; and public witnesses. TAX CODE TRANSFORMATION--TAX REFORM PANEL RECOMMENDATIONS Committee on Small Business: Subcommittee on Tax, Finance and Exports and the Subcommittee on Rural Enterprises, Agriculture, and Technology held a joint hearing entitled ``Transforming the Tax Code: An Examination of the President's Tax Reform Panel Recommendations.'' Testimony was heard from Representatives Castle and Garrett; John Breaux, Vice-Chairman, President's Advisory Panel on Federal Tax Reform; and public witnesses. RAIL INFRASTRUCTURE DEVELOPMENT Committee on Ways and Means: Ordered reported, as amended, without recommendation H. R. 1631, Rail Infrastructure Development and Expansion Act for the 21st Century. COMMITTEE MEETINGS FOR THURSDAY, FEBRUARY 2, 2006 (Committee meetings are open unless otherwise indicated) Senate Committee on Banking, Housing, and Urban Affairs: to resume hearings to examine proposals to reform the National Flood Insurance Program, 10 a.m., SD-538. Committee on the Budget: to hold hearings to examine the CBO budget and economic outlook, 10 a.m., SD-608. Committee on Foreign Relations: to hold hearings to examine Convention between the Government of the United States of America and the Government of Bangladesh for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income signed at Dhaka on September 26, 2004 with an exchange of notes enclosed (Treaty Doc. 109-5), Protocol Amending the Convention Between the Government of the United States of America and the Government of the French Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital, signed at Paris on August 31, 1994 (Treaty Doc. 109-4), Protocol Amending the Convention Between the United States of America and the French Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Estates, Inheritances, and Gifts signed at Washington on November 24, 1978 (Treaty Doc. 109-7), and Protocol Amending the Convention Between the Government of the United States of America and the Government of Sweden for the Avoidance of Double Taxation and the [[Page D44]] Prevention of Fiscal Evasion with Respect to Taxes on Income signed at Washington on September 30, 2005 (Treaty Doc. 109-8), 9:30 a.m., SD-419. Full Committee, to hold hearings to examine the nominations of Gary A. Grappo, of Virginia, to be Ambassador to the Sultanate of Oman, and Patricia A. Butenis, of Virginia, to be Ambassador to the People's Republic of Bangladesh, 2:30 p.m., SD-419. Committee on Homeland Security and Governmental Affairs: to continue hearings to examine Hurricane Katrina response issues, focusing on the role of the Governors in managing the catastrophe, 10 a.m., SD-342. Committee on the Judiciary: to hold hearings to examine the nomination of Paul J. McNulty, of Virginia, to be Deputy Attorney General, 10 a.m., SH-216. Committee on Veterans' Affairs: to hold hearings to examine ``The Jobs for Veterans Act Three Years Later: Are VETS' Employment Programs Working for Veterans?'', 10:30 a.m., SR-418. Select Committee on Intelligence: to hold hearings to examine the world threat, 10 a.m., SD-106. Full Committee, to hold closed hearings to examine intelligence matters, 2:30 p.m., SH-219. Special Committee on Aging: to hold hearings to examine meeting the challenges of Medicare Drug Benefit Implementation, 10 a.m., SH- 216. House No committee meetings are scheduled. *These figures include all measures reported, even if there was no accompanying report. A total of 2 reports have been filed in the Senate, a total of 5 reports have been filed in the House. [[Page D45]] Resume of Congressional Activity SECOND 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 3 through January 31, 2006 Senate House Total Days in session............... 9 2 . . Time in session............... 39 hrs., 59 2 hrs., 17 . . Congressional Record: Pages of proceedings........... 385 26 . . Extensions of Remarks.......... . . 38 . . Public bills enacted into law. . . . . . . Private bills enacted into law . . . . . . Bills in conference........... 2 3 . . Measures passed, total........ 9 4 13 Senate bills................... . . . . . . House bills.................... . . . . . . Senate joint resolutions....... . . . . . . House joint resolutions........ . . . . . . Senate concurrent resolutions.. 2 1 . . House concurrent resolutions... . . . . . . Simple resolutions............. 7 3 . . Measures reported, total...... *2 *4 6 Senate bills................... 2 . . . . House bills.................... . . 1 . . Senate joint resolutions....... . . . . . . House joint resolutions........ . . . . . . Senate concurrent resolutions.. . . . . . . House concurrent resolutions... . . . . . . Simple resolutions............. . . 3 . . Special reports............... . . 1 . . Conference reports............ . . . . . . Measures pending on calendar.. 184 97 . . Measures introduced, total.... 72 45 117 Bills.......................... 54 26 . . Joint resolutions.............. . . . . . . Concurrent resolutions......... 3 1 . . Simple resolutions............. 15 18 . . Quorum calls.................. . . 1 . . Yea-and-nay votes............. 2 . . . . Recorded votes................ . . . . . . Bills vetoed.................. . . . . . . Vetoes overridden............. . . . . . . DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through January 31, 2006 Civilian nominations, totaling 191 (including 148 nominations carried over from the First Session), disposed of as follows: Confirmed............................................3... Unconfirmed........................................187... Withdrawn............................................1... Other Civilian nominations, totaling 781 (including 780 nominations carried over from the First Session), disposed of as follows: Unconfirmed........................................781... Air Force nominations, totaling 1,176 (including 100 nominations carried over from the First Session), disposed of as follows: Unconfirmed......................................1,176... Army nominations, totaling 1,155 (including 608 nominations carried over from the First Session), disposed of as follows: Unconfirmed......................................1,155... Navy nominations, totaling 22 (including 21 nominations carried over from the First Session), disposed of as follows: Unconfirmed.........................................22... Marine Corps nominations, totaling 620 (including 2 nominations carried over from the First Session), disposed of as follows: Unconfirmed........................................620... Summary Total nominations carried over from the First Session1,659 Total nominations received this Session..............2,286 Total confirmed..........................................3 Total unconfirmed....................................3,941 Total withdrawn..........................................1 Total returned to the White House........................0 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 D46]] _______________________________________________________________________ Next Meeting of the SENATE 9:30 a.m., Thursday, February 2 Senate Chamber Program for Thursday: Senate will continue consideration of H.R. 4297, Tax Reconciliation. It is expected that there will be a series of votes relative to H.R. 4297. Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Tuesday, February 7 House Chamber Program for Tuesday: To be announced. _______________________________________________________________________ Extensions of Remarks, as inserted in this issue HOUSE Andrews, Robert E., N.J., E49 Barton, Joe, Tex., E51 Blunt, Roy, Mo., E49 Bonilla, Henry, Tex., E51 Bordallo, Madeleine Z., Guam, E40, E44, E66 Burgess, Michael C., Tex., E39, E40, E42, E43, E44, E45 Cannon, Chris, Utah, E48 Capito, Shelley Moore, W.Va., E58 Capuano, Michael E., Mass., E63 Cooper, Jim, Tenn., E67 Davis, Danny K., Ill., E60 Davis, Jo Ann, Va., E57 DeLay, Tom, Tex., E51 Diaz-Balart, Lincoln, Fla., E52 Dingell, John D., Mich., E55, E57 Emanuel, Rahm, Ill., E49 Emerson, Jo Ann, Mo., E40, E43 Eshoo, Anna G., Calif., E62 Etheridge, Bob, N.C., E58 Fortuno, Luis, Puerto Rico, E54 Frelinghuysen, Rodney P., N.J., E49, E57 Green, Mark, Wisc., E59 Hensarling, Jeb, Tex., E48 Honda, Michael M., Calif., E55, E56, E63 Hyde, Henry J., Ill., E51 Jindal, Bobby, La, E46 Kildee, Dale E., Mich., E40, E43 Kucinich, Dennis J., Ohio, E39, E42, E43, E44, E45 Lewis, Ron, Ky., E39, E63, E66 Lipinski, Daniel, Ill., E61 McCollum, Betty, Minn., E46 McIntyre, Mike, N.C., E39, E42, E45 Marchant, Kenny, Tex., E60 Miller, George, Calif., E52 Moore, Dennis, Kans., E53 Neugebauer, Randy, Tex., E58 Norton, Eleanor Holmes, D.C., E62 Norwood, Charlie, Ga., E59 Pallone, Frank, Jr., N.J., E58 Pitts, Joseph R., Pa., E52 Poe, Ted, Tex., E50, E51, E53, E59 Porter, Jon C., Nev., E55, E56, E57, E58, E59, E60, E61, E62 Rahall, Nick J., II, W.Va., E46 Rangel, Charles B., N.Y., E61 Rogers, Harold, Ky., E50 Rothman, Steven R., N.J., E61 Ruppersberger, C.A. Dutch, Md., E60 Sanders, Bernard, Vt., E48 Sensenbrenner, F. James, Jr., Wisc., E63 Sessions, Pete, Tex., E66 Shimkus, John, Ill., E39, E42, E45 Shuster, Bill, Pa., E41, E44 Smith, Christopher H., N.J., E67 Solis, Hilda L., Calif., E49 Stark, Fortney Pete, Calif., E55, E56 Udall, Tom, N.M., E67 Van Hollen, Chris, Md., E48 Wexler, Robert, Fla., E53 Woolsey, Lynn C., Calif., E42, E44