[Congressional Record Volume 151, Number 106 (Friday, July 29, 2005)]
[Daily Digest]
[Pages D860-D864]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                              Friday, July 29, 2005

[[Page D860]]

                              Daily Digest

HIGHLIGHTS:

      House and Senate agreed to the conference report to accompany 
      H.R. 3, Transportation Equity Act.
      Senate agreed to the conference report to accompany H.R. 2361, 
      Department of the Interior Appropriations.
      Senate agreed to the conference report to accompany H.R. 2985, 
      Legislative Branch Appropriations.
      Senate agreed to the conference report to accompany H.R. 6, 
      Energy Policy Act.
      Senate passed S. 397, Protection of Lawful Commerce in Arms Act.
      The House agreed to the Conference Report on H.R. 3, 
      Transportation Equity Act: A Legacy for Users.


                                 Senate


Chamber Action
Routine Proceedings, pages S9323-S9591
Measures Introduced: Fifty-seven bills and eleven resolutions were 
introduced, as follows: S. 1553-1609, S. Res. 224-232, and S. Con. Res. 
49-50.                                                   
  Pages S9466-69
Measures Reported:
  S. 1291, to provide for the acquisition of subsurface mineral 
interests in land owned by the Pascua Yaqui Tribe and land held in 
trust for the Tribe. (S. Rept. No. 109-116)
  S. 518, to provide for the establishment of a controlled substance 
monitoring program in each State, with an amendment in the nature of a 
substitute. (S. Rept. No. 109-117)
  S. 1231, to amend the Indian Self-Determination and Education 
Assistance Act to modify provisions relating to the National Fund for 
Excellence in American Indian Education, with an amendment in the 
nature of a substitute. (S. Rept. No. 109-118)
  S. 1566, to reauthorize the Commodity Exchange Act. (S. Rept. No. 
109-119)
  S. 1567, to reauthorize and improve surface transportation safety 
programs. (S. Rept. No. 109-120)
  Report to accompany S. 288, to extend Federal funding for operation 
of State high risk health insurance pools. (S. Rept. No. 109-121)
  H.R. 804, to exclude from consideration as income certain payments 
under the national flood insurance program.
  S. 1047, to require the Secretary of the Treasury to mint coins in 
commemoration of each of the Nation's past Presidents and their 
spouses, respectively to improve circulation of the $1 coin, to create 
a new bullion coin.                                          
Page S9466
Measures Passed:
  Enrollment Correction: Senate agreed to H. Con. Res. 226, providing 
for a correction in the enrollment of H.R. 3.            
  Pages S9330-31
  Protection of Lawful Commerce in Arms Act: By 65 yeas to 31 nays 
(Vote No. 219), Senate passed S. 397, to prohibit civil liability 
actions from being brought or continued against manufacturers, 
distributors, dealers, or importers of firearms or ammunition for 
damages, injunctive or other relief resulting from the misuse of their 
products by others, after taking action on the following amendments 
proposed thereto:                                        
  Pages S9374-98
Adopted:
  By 72 yeas to 26 nays (Vote No. 214), Craig Amendment No. 1644, to 
protect the rights of children who are victimized by crime to secure 
compensation from those who participate in the arming of criminals. 
                                                         Pages S9377-79

[[Page D861]]


  By 87 yeas to 11 nays (Vote No. 216), Craig Amendment No. 1645, to 
regulate the sale and possession of armor piercing ammunition. 
                                                         Pages S9382-84
  Frist Modified Amendment No. 1606 (to Amendment No. 1605), to make 
clear that the bill does not apply to actions commenced by the Attorney 
General to enforce the Gun Control Act and National Firearms Act. 
                                                             Page S9395
  Frist (for Craig) Modified Amendment No. 1605, to make clear that the 
bill does not apply to actions commenced by the Attorney General to 
enforce the Gun Control Act.                                 
                                                             Page S9395
                                                              Rejected:
  By 35 yeas to 64 nays (Vote No. 215), Lautenberg/Corzine Amendment 
No. 1620, to exempt lawsuits involving injuries to children from the 
definition of qualified civil liability action.   
                                                  Pages S9375-77, S9379
  By 31 yeas to 64 nays (Vote No. 217), Kennedy Amendment No. 1615, to 
expand the definition of armor piercing ammunition. 
                                                  Pages S9379-82, S9384
  Corzine Amendment No. 1619, to protect the rights of law enforcement 
officers who are victimized by crime to secure compensation from those 
who participate in arming criminals.                     
                                                         Pages S9384-86
  By 33 yeas to 63 nays (Vote No. 218), Reed Amendment No. 1642, in the 
nature of a substitute.                                  
                                                         Pages S9386-88
  Highway Extension: Senate passed H.R. 3512, to provide an extension 
of administrative expenses for highway, highway safety, motor carrier 
safety, transit, and other programs funded out of the Highway Trust 
Fund pending enactment of a law reauthorizing the Transportation Equity 
Act for the 21st Century, clearing the measure for the President. 
                                                             Page S9418
  USA PATRIOT and Terrorism Prevention Reauthorization Act: Senate 
passed H.R. 3199, to extend and modify authorities needed to combat 
terrorism, after striking all after the enacting clause and inserting 
in lieu thereof, the text of the committee-reported substitute to S. 
1389, Senate companion measure.                          
  Pages S9558-79
  Senate insisted on its amendment, requested a conference with the 
House thereon, and the Chair was authorized to appoint the following 
conferees on the part of the Senate: Senators Specter, Hatch, Kyl, 
DeWine, Sessions, Roberts, Leahy, Kennedy, Rockefeller, and Levin. 
                                                         Pages S9558-79
  National Prostate Cancer Awareness Month: Senate agreed to S. Res. 
230, designating September 2005 as ``National Prostate Cancer Awareness 
Month''.                                                     
  Page S9583
  Transitional National Assembly of Iraq: Senate agreed to S. Res. 231, 
encouraging the Transitional National Assembly of Iraq to adopt a 
constitution that grants women equal rights under the law and to work 
to protect such rights.                                  
  Pages S9583-84
  Controlled Substance Monitoring Program: Senate passed H.R. 1132, to 
provide for the establishment of a controlled substance monitoring 
program in each State, clearing the measure for the President. 
                                                             Page S9584
  National Women's History Museum: Senate passed S. 501, to provide a 
site for the National Women's History Museum in the District of 
Columbia, after agreeing to the following amendment proposed thereto: 
                                                         Pages S9584-85
  Frist (for Collins) Amendment No. 1646, to specify that no Federal 
funds are to be used to establish, construct, or operate the National 
Women's History Museum.                                  
Pages S9584-85
  Federal, Food, Drug and Cosmetic Act: Senate passed S. 172, to amend 
the Federal Food, Drug, and Cosmetic Act to provide for the regulation 
of all contact lenses as medical devices, after agreeing to the 
committee amendment in the nature of a substitute, and the following 
amendments proposed thereto:                                 
  Page S9585
  Frist (for DeWine) Amendment No. 1647, in the nature of a substitute.
                                                             Page S9585
CAFTA Implementation Act--Vote Change: A unanimous-consent request was 
granted permitting Senator Specter to change his yea vote to a nay vote 
on Vote No. 209, changing the outcome of the vote to 55 yeas to 45 nays 
relative to the July 28, 2005 passage of H.R. 3045, to implement the 
Dominican Republic-Central America-United States Free Trade Agreement. 
                                                         Pages S9440-41
Department of the Interior Appropriations--Conference Report: By 99 
yeas to 1 nay (Vote No. 210), Senate agreed to the conference report to 
accompany H.R. 2361, making appropriations for the Department of the 
Interior, environment, and related agencies for the fiscal year ending 
September 30, 2006, clearing the measure for the President. 
                                        Pages S9323, S9331-33, S9367-72
Legislative Branch Appropriations--Conference Report: By 96 yeas to 4 
nays (Vote No. 211 ), Senate agreed to the conference report to 
accompany H.R. 2985, making appropriations for the Legislative Branch 
for the fiscal year ending September 30, 2006, clearing the measure for 
the President.                          
  Pages S9323-30, S9333-35, S9373

[[Page D862]]

Energy Policy Act--Conference Report: By 74 yeas to 26 nays (Vote No. 
213), the conference report to accompany H.R. 6, to ensure jobs for our 
future with secure, affordable, and reliable energy, clearing the 
measure for the President.                     
  Pages S9335-67, S9373-74
  During consideration of this measure today, Senate also took the 
following action:
  By 71 yeas to 29 nays (Vote No. 212), three-fifths of those Senators 
duly chosen and sworn, having voted in the affirmative, Senate agreed 
to the motion to waive section 302(f) of the Congressional Budget Act 
of 1974, with respect to the conference report. The point of order that 
the conference report was in violation of section 302(f) of the 
Congressional Budget Act of 1974 was not sustained.          
Page S9374
Transportation Equity Act--Conference Report: By 91 yeas to 4 nays 
(Vote No. 220), Senate agreed to the conference report to accompany 
H.R. 3, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, clearing the measure for the President.
                                                      Pages S9398-S9418
Signing Authority--Agreement: A unanimous-consent agreement was reached 
providing that during this adjournment of the Senate, the Majority 
Leader, Majority Whip and both Senators from Virginia, be authorized to 
sign duly enrolled bills or joint resolutions.               
  Page S9557
Native Hawaiian Government Reorganization Act: Senate began 
consideration of the motion to proceed to consideration of S. 147, to 
express the policy of the United States regarding the United States 
relationship with Native Hawaiians and to provide a process for the 
recognition by the United States of the Native Hawaiian governing 
entity.                                                  
  Pages S9557-58
  A motion was entered to close further debate on the motion to proceed 
to consideration of the bill and, in accordance with the provisions of 
Rule XXII of the Standing Rules of the Senate, a vote on cloture will 
occur on Tuesday, September 6, 2005, at 5:30 p.m.        
Pages S9557-58
  Subsequently, the motion to proceed was withdrawn.         
Page S9558
Death Tax Permanency Act: Senate began consideration of the motion to 
proceed to consideration of H.R. 8, to make the repeal of the estate 
tax permanent.                                               
  Page S9558
  A motion was entered to close further debate on the motion to proceed 
to consideration of the bill and, in accordance with the provisions of 
Rule XXII of the Standing Rules of the Senate, a vote on cloture may 
occur on Tuesday, September 6, 2005.                         
Page S9558
Nominations--Agreement: A unanimous-consent agreement was reached 
providing that all nominations received by the Senate during the 109th 
Congress, remain in status quo, during the August adjournment of the 
Senate, under the provisions of Rule XXXI, paragraph 6, of the Standing 
Rules of the Senate, with the exception of the nomination of John 
Robert Bolton, of Maryland, to be the U.S. Representative to the United 
Nations, with the rank and status of Ambassador, and the U.S. 
Representative in the Security Council of the United Nations, and to be 
U.S. Representative to the Sessions of the General Assembly of the 
United Nations during his tenure of service as U.S. Representative to 
the United Nations.                                          
  Page S9583
Authority for Committees: A unanimous-consent agreement was reached 
providing that notwithstanding the adjournment of the Senate, all 
committees were authorized to file legislative and executive matters on 
Wednesday, August 31, 2005 from 10 a.m. until 12 noon.       
  Page S9585
Authorizing Leadership to Make Appointments--Agreement: A unanimous-
consent agreement was reached providing that notwithstanding the 
adjournment of the Senate, the President of the Senate, the President 
Pro Tempore, and the Majority and Minority Leaders be authorized to 
make appointments to commissions, committees, boards, conferences, or 
interparliamentary conferences authorized by law, by concurrent action 
of the two Houses, or by order of the Senate.                
  Page S9585
Appointment:
  British-American Interparliamentary Group: The Chair, on behalf of 
the President pro tempore, and upon the recommendation of the Majority 
Leader, pursuant to 22 U.S.C. 2761, as amended, appointed the following 
individuals as delegates of the Senate Delegation to the British-
American Interparliamentary Group conference during the 109th Congress: 
Senators Gregg and Roberts.                                  
  Page S9585
Executive Reports of Committees: Senate received the following 
executive report of a committee:
  Report to accompany Inter-American Convention Against Terrorism 
(Treaty Doc. 107-18) (Ex. Rept. 109-3)                       
Page S9466
Nominations Confirmed: Senate confirmed the following nominations:
  John C. Dugan, of Maryland, to be Comptroller of the Currency for a 
term of five years.
  Timothy D. Adams, of Virginia, to be an Under Secretary of the 
Treasury.
  Shara L. Aranoff, of Maryland, to be a Member of the United States 
International Trade Commission for a term expiring December 16, 2012.

[[Page D863]]


  James Philip Terry, of Virginia, to be Chairman of the Board of 
Veterans' Appeals for a term of six years.
  Henrietta Holsman Fore, of Nevada, to be an Under Secretary of State 
(Management).
  Sandra L. Pack, of Maryland, to be an Assistant Secretary of the 
Treasury.
  James A. Rispoli, of Virginia, to be an Assistant Secretary of Energy 
(Environmental Management).
  Charles S. Ciccolella, of Virginia, to be Assistant Secretary of 
Labor for Veterans' Employment and Training. (Prior to this action, 
Committee on Health, Education, Labor, and Pensions was discharged from 
further consideration.)
  Randal Quarles, of Utah, to be an Under Secretary of the Treasury.
  John M. Reich, of Virginia, to be Director of the Office of Thrift 
Supervision for a term of five years.
  Kevin I. Fromer, of Virginia, to be a Deputy Under Secretary of the 
Treasury.
  Katherine Hubay Peterson, of California, to be Ambassador to Republic 
of Botswana.
  Alan W. Eastham, Jr., of Arkansas, to be Ambassador to the Republic 
of Malawi.
  Henry Crumpton, of Virginia, to be Coordinator for Counterterrorism, 
with the rank and status of Ambassador at Large.
  Granta Y. Nakayama, of Virginia, to be an Assistant Administrator of 
the Environmental Protection Agency.
  Peter Manson Swaim, of Indiana, to be United States Marshal for the 
Southern District of Indiana for the term of four years.
  Phillip Jackson Bell, of Georgia, to be Deputy Under Secretary of 
Defense for Logistics and Materiel Readiness.
  Ronald M. Sega, of Colorado, to be Under Secretary of the Air Force.
  Josette Sheeran Shiner, of Virginia, to be an Under Secretary of 
State (Economic, Business, and Agricultural Affairs).
  Gillian Arlette Milovanovic, of Pennsylvania, to be Ambassador to the 
Republic of Macedonia.
  Michael Retzer, of Mississippi, to be Ambassador to the United 
Republic of Tanzania.
  Keith E. Eastin, of Texas, to be an Assistant Secretary of the Army.
  Robert M. Kimmitt, of Virginia, to be Deputy Secretary of the 
Treasury.
  Karen P. Hughes, of Texas, to be Under Secretary of State for Public 
Diplomacy, with the rank of Ambassador.
  Kristen Silverberg, of Texas, to be an Assistant Secretary of State 
(International Organization Affairs).
  James Cain, of North Carolina, to be Ambassador to Denmark.
  Christopher Cox, of California, to be a Member of the Securities and 
Exchange Commission for the term expiring June 5, 2009.
  Jendayi Elizabeth Frazer, of Virginia, to be an Assistant Secretary 
of State (African Affairs).
  Michael J. Garcia, of New York, to be United States Attorney for the 
Southern District of New York for the term of four years.
  William Robert Timken, Jr., of Ohio, to be Ambassador to the Federal 
Republic of Germany. (Prior to this action, Committee on Foreign 
Relations was discharged from further consideration.)
  William J. Burns, of the District of Columbia, to be Ambassador to 
the Russian Federation. (Prior to this action, Committee on Foreign 
Relations was discharged from further consideration.)
  Roel C. Campos, of Texas, to be a Member of the Securities and 
Exchange Commission for a term expiring June 5, 2010.
  Annette L. Nazareth, of the District of Columbia, to be a Member of 
the Securities and Exchange Commission for the remainder of the term 
expiring June 5, 2007.
  Martin J. Gruenberg, of Maryland, to be Vice Chairperson of the Board 
of Directors of the Federal Deposit Insurance Corporation.
  Martin J. Gruenberg, of Maryland, to be a Member of the Board of 
Directors of the Federal Deposit Insurance Corporation for the 
remainder of the term expiring December 27, 2006.
  Richard Henry Jones, of Nebraska, to be Ambassador to Israel. (Prior 
to this action, Committee on Foreign Relations was discharged from 
further consideration.)
  Francis Joseph Ricciardone, Jr., of New Hampshire, to be Ambassador 
to Egypt. (Prior to this action, Committee on Foreign Relations was 
discharged from further consideration.)
  Martin J. Gruenberg, of Maryland, to be a Member of the Board of 
Directors of the Federal Deposit Insurance Corporation for a term 
expiring December 27, 2012.
  52 Air Force nominations in the rank of general.
  12 Army nominations in the rank of general.
  6 Marine Corps nominations in the rank of general.
  27 Navy nominations in the rank of admiral.
  Routine lists in the Air Force, Army, Marine Corps, Navy. 
                                                        Pages  S9589-91
Nominations Received: Senate received the following nominations:
  John G. Roberts, Jr., of Maryland, to be an Associate Justice of the 
Supreme Court of the United States.

[[Page D864]]


  Terry Neese, of Oklahoma, to be Director of the Mint for a term of 
five years.
  Franklin L. Lavin, of Ohio, to be Under Secretary of Commerce for 
International Trade.
  Francis Rooney, of Florida, to be Ambassador to the Holy See.
  Josette Sheeran Shiner, of Virginia, to be United States Alternate 
Governor of the International Bank for Reconstruction and Development 
for a term of five years; United States Alternate Governor of the 
Inter-American Development Bank for a term of five years; United States 
Alternate Governor of the African Development Bank for a term of five 
years; United States Alternate Governor of the African Development 
Fund; United States Alternate Governor of the Asian Development Bank; 
and United States Alternate Governor of the European Bank for 
Reconstruction and Development.
  Naomi Churchill Earp, of Virginia, to be a Member of the Equal 
Employment Opportunity Commission for a term expiring July 1, 2010.
  Mark Hofflund, of Idaho, to be a Member of the National Council on 
the Arts for the remainder of the term expiring September 3, 2008.
  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.
  1 Air Force nomination in the rank of general
  1 Army nomination in the rank of general.
  Routine lists in the Foreign Service, National Oceanic and 
Atmospheric Administration.
                                                         
Pages  S9588-89
Nominations Withdrawn: Senate received notification of withdrawal of 
the following nominations:
  Albert Henry Konetzni, Jr., of New York, to be a Member of the 
Nuclear Regulatory Commission for the term of five years expiring June 
30, 2009, which was sent to the Senate on January 4, 2005.   
Page  S9591
Nominations: Returned to the President: The following nominations: were 
returned to the President failing of confirmation under Senate Rule 
XXXI at the time of the adjournment of the 109th Congress:
  John Robert Bolton, of Maryland, to be the Representative of the 
United States of America to the United Nations, with the rank and 
status of Ambassador, and the Representative of the United States of 
America in the Security Council of the United Nations.
  John Robert Bolton, of Maryland, to be Representative of the United 
States of America to the Sessions of the General Assembly of the United 
Nations during his tenure of service as Representative of the United 
States of America to the United Nations.                     
Page S9583
Messages From the House:                                 
  Pages S9458-59
Measures Referred:                                           
  Page S9459
Enrolled Bills Presented:                                    
  Page S9459
Executive Communications:                                    
  Page S9459
Petitions and Memorials:                                 
  Pages S9459-66
Executive Reports of Committees:                             
  Page S9466
Additional Cosponsors:                                   
  Pages S9469-72
Statements on Introduced Bills/Resolutions:           
  Pages S9472-S9547
Additional Statements:                                   
  Pages S9452-58
Amendments Submitted:                                        
  Page S9547
Authority for Committees to Meet:                            
  Page S9547
Privilege of the Floor:                                      
  Page S9548
Record Votes: Eleven record votes were taken today. (Total--220) 
      Pages S9372, S9373, S9374, S9379, S9383-84, S9384, S9388, S9396, 
                                                                  S9418
Adjournment: Senate convened at 9 a.m. and, pursuant to the provisions 
of H. Con. Res. 225, adjourned at 8:35 p.m., until 12 noon, on Tuesday, 
September 6, 2005. (For Senate's program, see the remarks of the 
Majority Leader in today's Record on page S9586.)