[Congressional Record Volume 151, Number 139 (Thursday, October 27, 2005)]
[Daily Digest]
[Pages D1103-D1107]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                         Thursday, October 27, 2005

[[Page D1103]]

                              Daily Digest


HIGHLIGHTS

      Senate passed H.R. 3010, Labor/HHS/Education Appropriations Act.


                                 Senate


Chamber Action
Routine Proceedings, pages S11953-S12037
Measures Introduced: Twelve bills and six resolutions were introduced, 
as follows: S. 1926-1937, S. Res. 289-293, and S. Con. Res. 61. 
                                                        Pages S12006-07
Measures Reported:
  H.R. 797, to amend the Native American Housing Assistance and Self-
Determination Act of 1996 and other Acts to improve housing programs 
for Indians. (S. Rept. No. 109-160)
  S. 485, to reauthorize and amend the National Geologic Mapping Act of 
1992. (S. Rept. No. 109-161)
  S. 761, to rename the Snake River Birds of Prey National Conservation 
Area in the State of Idaho as the Morley Nelson Snake River Birds of 
Prey National Conservation Area in honor of the late Morley Nelson, an 
international authority on birds of prey, who was instrumental in the 
establishment of this National Conservation Area. (S. Rept. No. 109-
162)
  S. 1170, to establish the Fort Stanton-Snowy River National Cave 
Conservation Area, with an amendment in the nature of a substitute (S. 
Rept. No. 109-163)
  S. 166, to amend the Oregon Resource Conservation Act of 1996 to 
reauthorize the participation of the Bureau of Reclamation in the 
Deschutes River Conservancy. (S. Rept. No. 109-164)
  S. 251, to authorize the Secretary of the Interior, acting through 
the Bureau of Reclamation, to conduct a water resource feasibility 
study for the Little Butte/Bear Creek Sub-basins in Oregon, with 
amendments. (S. Rept. No. 109-165)
  S. 213, to direct the Secretary of the Interior to convey certain 
Federal land to Rio Arriba County, New Mexico, with an amendment in the 
nature of a substitute. (S. Rept. No. 109-166)
  S. 592, to extend the contract for the Glendo Unit of the Missouri 
River Basin Project in the State of Wyoming. (S. Rept. No. 109-167)
  S. 819, to authorize the Secretary of the Interior to reallocate 
costs of the Pactola Dam and Reservoir, South Dakota, to reflect 
increased demands for municipal, industrial, and fish and wildlife 
purposes. (S. Rept. No. 109-168)
  S. 891, to extend the water service contract for the Ainsworth Unit, 
Sandhills Division, Pick-Sloan Missouri Basin Program, Nebraska. (S. 
Rept. No. 109-169)
  S. 1338, to require the Secretary of the Interior, acting through the 
Bureau of Reclamation and the United States Geological Survey, to 
conduct a study on groundwater resources in the State of Alaska with an 
amendment. (S. Rept. No. 109-170)
  S. 777, to designate Catoctin Mountain Park in the State of Maryland 
as the ``Catoctin Mountain National Recreation Area'', with amendments. 
(S. Rept. No. 109-171)
  H.R. 1101, to revoke a Public Land Order with respect to certain 
lands erroneously included in the Cibola National Wildlife Refuge, 
California. (S. Rept. No. 109-172)
  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, with 
amendments. (S. Rept. No. 109-173)
  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).                                               
Pages S12005-06
Measures Passed:
  Disaster Relief and Emergency Assistance: Senate passed S. 939, to 
expedite payments of certain Federal emergency assistance authorized 
pursuant to the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, to authorize the reimbursement under that Act of 
certain expenditures, after agreeing to the committee amendment in the 
nature

[[Page D1104]]

of a substitute, and the following amendments proposed thereto: 
                                                        Pages S12024-26
  Martinez (for Collins/Martinez) Amendment No. 2340, in the nature of 
a substitute.                                               
Page S12025
  Martinez Amendment No. 2341, to amend the title.          
Page S12025
  Enrollment Correction: Senate agreed 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.           
  Pages S12023-24
  Labor/HHS/Education Appropriations: By 94 yeas to 3 nays (Vote No. 
281), Senate passed 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, after 
taking action on the following amendments proposed thereto: 
                                         Pages S11953-76, S11978-S12002
Adopted:
  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 S11953, S11955-57
  Thune Further Modified Amendment No. 2193, to provide funding for 
telehealth programs.                               
Pages S11953, S11958
  Collins/Feingold Modified Amendment No. 2265, to fund grants for 
innovative programs to address dental workforce needs. 
                                                   Pages S11953, S11958
  Specter (for Lautenberg) Amendment No. 2269, to prohibit the use of 
funds to provide abstinence education that includes information that is 
medically inaccurate.                                       
Page S11958
  Sununu Modified Amendment No. 2214, to provide for the funding of the 
Low-Vision Rehabilitation Services Demonstration Project. 
                                                   Pages S11953, S11958
  Specter (for Alexander) Modified Amendment No. 2308, to provide 
funding for a National Assessment of Educational Progress test in 
United States history.                                     
Pages S11958
  Bingaman Modified Amendment No. 2219, to increase funding for school 
dropout prevention.                                
Pages S11953, S11958
  Bingaman/Hutchison Modified Amendment No. 2218, to provide funding 
for advanced placement programs.                
Pages S11953, S11973-75
  Harkin Further Modified Amendment No. 2283, to make available funds 
for influenza preparedness.          
Pages S11953, S11958-73, S11978-80
  Specter (for Allen/Warner) Amendment No. 2324, to express the Sense 
of the Senate concerning the treatment of physician costs in the 
calculation of the Medicaid disproportionate share hospital 
uncompensated cost limit by the State of Virginia.      
Pages S11980-81
  Feingold/Collins Modified Amendment No. 2279, to provide funding for 
the Automatic Defibrillation in Adam's Memory Act. 
                                                   Pages S11972, S11981
  Specter (for Cochran) Amendment No. 2299, to provide additional 
public health funding.                             
Pages S11981, S11989
  Specter (for Obama) Amendment No. 2301, to increase funds to the 
Thurgood Marshall Legal Educational Opportunity Program and to the 
Office of Special Education Programs of the Department of Education for 
the purpose of expanding positive behavioral interventions and 
supports.                                                   
Page S11981
  Specter (for Coleman/Bingaman) Amendment No. 2327, to develop a 
strategic plan for increasing the number of foreign students attending 
institutions of higher education in the United States.      
Page S11981
  Landrieu Modified Amendment No. 2248, to increase appropriations for 
the Federal TRIO programs.                      
Pages S11953, S11981-82
  Landrieu Modified Amendment No. 2250, to provide funding to carry out 
the Mosquito Abatement for Safety and Health Act. 
                                                   Pages S11953, S11982
  Sununu Further Modified Amendment No. 2215, to increase funding for 
community health centers.                          
Pages S11953, S11982
  Specter (for Domenici) Modified Amendment No. 2276, to provide 
appropriations for the National Youth Sports Program, a private, 
nonprofit organization to provide recreational activities for low-
income youth, primarily in the summer months, which employs college and 
university athletic facilities.                             
Page S11982
  Bingaman Modified Amendment No. 2262, to increase funding for 
education programs serving Hispanic students. 
                                     Pages S11953, S11975-76, S11982-83
  Kerry Amendment No. 2216, to provide for a limitation on funds. 
                                                        Pages S11985-87
  Coburn Modified Amendment No. 2230, to limit funding for travel and 
conferences.                                       
Pages S11953, S11989
  Specter (for Levin) Amendment No. 2282, to create a national family 
reunification initiative.                               
Pages S11989-90
  Dayton Modified Amendment No. 2289, to increase funding for disabled 
voter access services under the Help America Vote Act of 2002. 
                                                   Pages S11953, S11990

[[Page D1105]]


  Specter (for Enzi) Modified Amendment No. 2295, to prohibit certain 
action with respect to redesignation of local areas.        
                                                            Page S11990
  Specter (for Coburn) Modified Amendment No. 2234, to ensure fiscal 
integrity of the payments made by Federal agencies and to prohibit the 
use of funds until the Department of Health and Human Services and the 
Department of Education have reported specific actions taken to 
estimate improper payments under the Temporary Assistance for Needy 
Families, Foster Care and Adoption Assistance, Medicaid, and State 
Children's Health Insurance programs, the Child Care and Development 
Block Grant Act of 1990, and programs and activities under title I of 
the Elementary and Secondary Education Act of 1965, as required under 
the Improper Payments Information Act of 2002.              
                                                            Page S11990
  Harkin Modified Amendment No. 2280, to authorize the Secretary of 
Health and Human Services to temporarily waive certain vehicle safety 
regulations relating to the Head Start program and to postpone the 
effective date of section 1310.12(a) of the Code of Federal Regulations 
under certain conditions.                               
                                                        Pages S11990-91
  Specter (for Nelson (NE)) Amendment No. 2272, to express the sense of 
the Senate that the Secretary of the Treasury should ensure that 
existing Federal employment preferences for disabled veterans and 
Federal policies promoting opportunities for other disabled persons are 
carried forward as a part of any tax collection contract program. 
                                                            Page S11991
                                                              Rejected:
  By 41 yeas to 56 nays (Vote No. 280), Ensign Amendment No. 2300, to 
prohibit funding for the support, development, or distribution of the 
Department of Education's e-Language Learning System (ELLS). 
                                                Pages S11953, S11987-89
                                                             Withdrawn:
  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 S11953
  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.               
                                                   Pages S11953, S11989
  Murray Amendment No. 2285, to insert provisions related to an 
investigation by the Inspector General.            
                                                   Pages S11953, S11989
  Cornyn Amendment No. 2277, to increase the amount of appropriated 
funds available for Community-Based Job Training Grants. 
                                                   Pages S11953, S11989
  Coburn Amendment No. 2233, to prohibit the use of funds for HIV 
Vaccine Awareness Day activities.                  
                                                   Pages S11953, S11989
  During consideration of this measure today, the Senate also took the 
following action:
  By a unanimous vote of 97 yeas (Vote No. 275), three-fifths of those 
Senators duly chosen and sworn, having voted in the affirmative, Senate 
agreed to the motion to close further debate on the bill. 
                                                        Pages S11957-58
  By 46 yeas to 50 nays (Vote No. 278), 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 Bingaman (for Smith/Bingaman) Amendment 
No. 2259, to provide funding for the AIDS Drug Assistance Program 
within the Health Resources and Services Administration. 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 S11953, S11976, S11983-85
  By 41 yeas to 56 nays (Vote No. 279), 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 Durbin (for Boxer) Modified Amendment No. 
2287, to increase appropriations for after-school programs through 21st 
century community learning centers. 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 S11953, S11988-89
  Chair sustained the point of order that the following amendments be 
ruled non-germane and the amendments thus fell:
  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 S11953, S11958
  Santorum Amendment No. 2241, to establish a Congressional Commission 
on Expanding Social Service Delivery Options.       
                                                    Pages S11953 S11958
  Santorum Amendment No. 2237, to provide grants to promote healthy 
marriages.                                         
                                                   Pages S11953, S11958
  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.   
                                                   Pages S11953, S11958
  Senate insisted on its amendment, requested a conference with the 
House thereon, and the Chair was authorized to appoint the following 
conferees on

[[Page D1106]]

the part of the Senate: Senators Specter, Cochran, Gregg, Craig, 
Hutchison, Stevens, DeWine, Shelby, Domenici, Harkin, Inouye, Reid, 
Kohl, Murray, Landrieu, Durbin, and Byrd.                   
                                                            Page S11999
  Honoring Rosa Parks: Senate agreed to S. Con. Res. 61, authorizing 
the remains of Rosa Parks to lie in honor in the rotunda of the 
Capitol.                                                
  Pages S12026-27
  Honoring ``Shoeless Joe'' Jackson: Senate agreed to S. Res. 289, 
expressing the sense of the Senate that Joseph Jefferson ``Shoeless 
Joe'' Jackson should be appropriately honored for his outstanding 
baseball accomplishments.                                   
  Page S12027
  Honoring Former Congressman Edward Roybal: Senate agreed to S. Res. 
290, honoring the life and expressing the deepest condolences of 
Congress on the passing of Edward Roybal, former United States 
Congressman.                                            
  Pages S12027-28
  Congratulations Chicago White Sox: Senate agreed to S. Res. 291, to 
congratulate the Chicago White Sox on winning the 2005 World Series 
Championship.                                           
  Pages S12028-30
  Condemning Anti-Israel Sentiments: Senate agreed to S. Res. 292, 
calling on the President to condemn the anti-Israel sentiments 
expressed by the President of Iran, Mahmoud Ahmadinejad, on October 26, 
2005.                                                       
  Page S12030
  Coast Guard Authorization: Committee on Commerce, Science, and 
Transportation was discharged from further consideration of H.R. 889, 
to authorize appropriations for the Coast Guard for fiscal year 2006, 
to make technical corrections to various laws administered by the Coast 
Guard, and the bill was then passed, after striking all after the 
enacting clause and inserting in lieu thereof, the text of S. 1280, 
Senate companion measure, after agreeing to the committee amendments, 
and the following amendments proposed thereto:          
  Pages S12030-36
  McConnell (for Snowe) Amendment No. 2343, to make certain 
modifications to the bill.                                  
Page S12035
  McConnell (for Inouye) Amendment No. 2344, to authorize 
appropriations for fiscal years 2006 and 2007 for the United States 
Coast Guard.                                                
Page S12036
  Subsequently, S. 1280 was returned to the Senate calendar. 
                                                            Page S12036
  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 Stevens, Snowe, Lott, 
Smith, Inouye, Cantwell, and Lautenberg.                    
Page S12036
Budget Reconciliation--Agreement: A unanimous-consent agreement was 
reached providing that at 4 p.m. on Monday, October 31, 2005, Senate 
begin consideration of S. 1932, to provide for reconciliation pursuant 
to section 202(a) of the concurrent resolution on the budget for fiscal 
year 2006 (H. Con. Res. 95); that it be considered under a time 
agreement; provided further, the Senate then resume consideration of 
the bill on Tuesday, November 1, 2005, at 9 a.m., under a time 
agreement; that any votes ordered on Tuesday be postponed to occur at a 
time determined by the Majority Leader after consultation with the 
Democratic Leader; Senate then resume consideration of the bill on 
Wednesday, November 2, 2005 with the time from 8:30 a.m. to 6 p.m. 
equally divided between the Chairman and Ranking Member; provided 
further, that at 6 p.m. on Wednesday, all time be considered expired. 
                                                            Page S12037
Removal of Injunction of Secrecy: The injunction of secrecy was removed 
from the following treaties:
  Tax Convention with Bangladesh (Treaty Doc. No. 109-5); and
  U.N. Convention Against Corruption (Treaty Doc. No. 109-6).
  The treaties were transmitted to the Senate today, considered as 
having been read for the first time, and referred, with accompanying 
papers, to the Committee on Foreign Relations and ordered to be 
printed.                                                    
Page S12026
Nominations Confirmed: Senate confirmed the following nominations:
  By unanimous vote of 97 yeas (Vote No. 276), John Richard Smoak, of 
Florida, to be United States District Judge for the Northern District 
of Florida.                                             
Pages S11976-77
  By unanimous vote of 97 yeas (Vote No. 277), Susan Bieke Neilson, of 
Michigan, to be United States Circuit Judge for the Sixth Circuit. 
                                                            Page S11977
Nominations Received: Senate received the following nomination:
  1 Army nomination in the rank of general.                 
Page S12037
Messages From the House:                                    
  Page S12004
Executive Communications:                               
  Pages S12004-05
Executive Reports of Committees:                            
  Page S12006
Additional Cosponsors:                                  
  Pages S12007-09
Statements on Introduced Bills/Resolutions:             
  Pages S12009-18
Additional Statements:                                  
  Pages S12003-04
Amendments Submitted:                                   
  Pages S12018-22
Notices of Hearings/Meetings:                           
  Pages S12022-23
Authorities for Committees to Meet:                         
  Page S12023
Privileges of the Floor:                                    
  Page S12023

[[Page D1107]]

Record Votes: Seven record votes were taken today. (Total-281) 
              Page S11957-58, S11977, S11985, S11988-89, S11989, S11998
Adjournment: Senate convened at 9:30 a.m., and adjourned at 7:20 p.m., 
until 10 a.m., on Friday, October 28, 2005. (For Senate's program, see 
the remarks of the Acting Majority Leader in today's Record on page 
S12037.)