[Congressional Record Volume 151, Number 144 (Thursday, November 3, 2005)]
[Daily Digest]
[Pages D1139-D1142]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                         Thursday, November 3, 2005

[[Page D1139]]

                              Daily Digest


HIGHLIGHTS

      Senate agreed to the conference report to accompany H.R. 2744, 
      Agriculture Appropriations Act.
      Senate passed S. 1932, Budget Reconciliation Act.
      House Committee ordered reported the Deficit Reduction Act of 
      2005.


                                 Senate


Chamber Action
Routine Proceedings, pages S12285-S12374
Measures Introduced: Five bills and three resolutions were introduced, 
as follows: S. 1956-1960, and S. Res. 298-300.
  Pages S12353-54
Measures Reported:
  S. 1095, to amend chapter 113 of title 18, United States Code, to 
clarify the prohibition on the trafficking in goods or services, with 
an amendment in the nature of a substitute.
  S. 1699, to amend title 18, United States Code, to provide criminal 
penalties for trafficking in counterfeit marks, with an amendment. 
                                                            Page S12353
Measures Passed:
  Budget Reconciliation: By 52 yeas to 47 nays (Vote No. 303), Senate 
passed 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 taking action on the following amendments 
proposed thereto:
  Pages S12291-S12345
Adopted:
  Enzi Modified Amendment No. 2352, to provide elementary and secondary 
education assistance to students and schools impacted by Hurricane 
Katrina and to lower origination fees.
Pages S12292-94
  By 83 yeas to 16 nays (Vote No. 289), Wyden/Talent Amendment No. 2362 
(to the language proposed to be stricken by Amendment No. 2358), to 
enhance the energy security of the United States by prohibiting the 
exportation of oil and gas produced under leases in the Arctic National 
Wildlife Refuge.
Pages S12305-06
  By 54 yeas to 45 nays (Vote No. 291), Bingaman Modified Amendment No. 
2365, to prevent a severe reduction in the Federal medical assistance 
percentage determined for a State for fiscal year 2006 and to extend 
rebates for prescription drugs to enrollees in Medicaid managed care 
organizations.
Pages S12307-08
   By 93 yeas to 6 nays (Vote No. 292), Lott/Lautenberg Amendment No. 
2360, to reauthorize Amtrak.
Page S12308
   Vitter (for Stevens) Amendment No. 2412, to modify the distribution 
of excess proceeds from the auction authorized by section 
309(j)(15)(C)(v) of the Communications Act of 1934.
Page S12310
  Harkin Amendment No. 2363, to affirm that the Federal funding levels 
for the rate of reimbursement of child support administrative expenses 
should not be reduced below the levels provided under current law, that 
States should continue to be permitted to use Federal child support 
incentive payments for child support program expenditures that are 
eligible for Federal matching payments, and to express the sense of the 
Senate that it does not support additional fees for successful child 
support collection.
Pages S12311-12
  Gregg (for Murray/DeWine) Amendment No. 2350, to amend the definition 
of independent student to include students who are homeless children 
and youths and unaccompanied youths for purposes of the need analysis 
under the Higher Education Act of 1965.
Pages S12314-17
  Gregg (for Specter/Leahy) Amendment No. 2378, to fund justice 
programs.
Pages S12314-17
  Gregg (for Sununu) Amendment No. 2418, to amend chapter 21 of title 
38, United States Code, to enhance adaptive housing assistance for 
disabled veterans and to reduce the amount appropriated for the 
Medicaid Integrity Program by $1,000,000 for each of fiscal years 2007 
through 2010.
Pages S12314-17

[[Page D1140]]


  Gregg (for Feinstein) Amendment No. 2411, to authorize the continued 
provision of certain adult day health care services or medical adult 
day care services under a State Medicaid plan.
Pages S12314-17
  Gregg (for Warner) Amendment No. 2413, to provide additional ProGAP 
assistance to certain students.
Pages S12314-17
  Baucus Amendment No. 2383, to exclude discounts provided to mail 
order and nursing facility pharmacies from the determination of average 
manufacturer price and to extend the discounts offered under fee-for-
service Medicaid for prescription drugs to managed care organizations. 
                                                        Pages S12317-18
  Gregg (for Levin) Amendment No. 2417, to establish an International 
Border Community Interoperable Communications Demonstration Project. 
                                                            Page S12318
  Santorum Amendment No. 2419, to amend title XVIII of the Social 
Security Act to make a technical correction regarding purchase 
agreements for power-driven wheelchairs under the Medicare program, to 
provide for coverage of ultrasound screening for abdominal aortic 
aneurysms under part B of such program, to improve patient access to, 
and utilization of, the colorectal cancer screening benefit under such 
program, and to provide for the coverage of marriage and family 
therapist services and mental health counselor services under part B of 
such title.
Pages S12320-21
  Gregg (for Lieberman) Amendment No. 2380, to make minor changes to 
the quality measurement systems provisions with respect to value based 
purchasing under the medicare program.
Pages S12321-22
  Gregg (for Sununu/Allen) Amendment No. 2386, to ensure that amounts 
are not obligated out of the Digital Transition and Public Safety Fund 
until the proceeds of the auction are actually deposited by the FCC. 
                                                        Pages S12321-22
  Gregg (for Sununu) Amendment No. 2420, to convert Digital Transition 
and Public Safety Fund program payment amounts into limitations. 
                                                        Pages S12321-22
  Smith/Clinton Amendment No. 2390, to provide for a demonstration 
project regarding medicaid coverage of low-income HIV-infected 
individuals.
Page S12323
  Conrad/Salazar Amendment No. 2422, to ensure Medicaid enrollees have 
access to small, independent pharmacies located in rural and frontier 
areas.
Pages S12325-26
Rejected:
  By 49 yeas to 50 nays (Vote No. 287), Nelson (FL) Amendment No. 2357, 
to hold Medicare beneficiaries harmless for the increase in the 2007 
Medicare monthly part B premium that would otherwise occur because of 
the 2006 increase in payments under the physician fee schedule. 
                                                        Pages S12302-03
  By 48 yeas to 51 nays (Vote No. 288), Cantwell Amendment No. 2358, to 
strike the title relating to the establishment of an oil and gas 
leasing program in the Coastal Plain.
Pages S12303-05
  By 30 yeas to 69 nays (Vote No. 293), McCain Amendment No. 2370, to 
move forward the date on which the transition to digital television is 
to occur.
Pages S12308-09
  By 14 yeas to 85 nays (Vote No. 295), Byrd Amendment No. 2367, to 
replace title VIII of the bill with an amendment to section 214(c) of 
the Immigration and Nationality Act to impose a fee on employers who 
hire certain nonimmigrants.
Pages S12310-11
  By 48 yeas to 51 nays (Vote No. 298), Cantwell Amendment No. 2400, to 
ensure the payment to the Treasury of the United States of 50 percent 
of revenues from oil and gas leasing and production on the Coastal 
Plain.
Pages S12313-14
  By 49 yeas to 50 nays (Vote No. 299), Schumer/Rockefeller Amendment 
No. 2348, to strike the provisions increasing the Medicaid rebate for 
generic drugs.
Pages S12318-19
  By 46 yeas to 52 nays (Vote No. 300), Reed Amendment No. 2409, to 
strike provisions relating to reforms of targeted case management. 
                                                            Page S12321
  By 48 yeas to 51 nays (Vote No. 301), Reed Amendment No. 2396, to 
strike subtitle C of title II relating to FHA asset disposition. 
                                                        Pages S12322-23
  Cornyn Amendment No. 2408, to eliminate the converter box subsidy 
program.
Page S12325
Withdrawn:
  Gregg (for Frist/Gregg) Amendment No. 2347, to provide amounts to 
address influenza and newly emerging pandemics.
Page S12286
  Ensign Amendment No. 2368, to cut $2,000,000,000 from the convertor 
box subsidy program.
Page S12309
  Landrieu Amendment No. 2366, to provide funds for payments to 
producing States and coastal political subdivisions under the coastal 
impact assistance program.
Page S12310
  Hagel/Sununu Amendment No. 2391, to require Fannie Mae and Freddie 
Mac to register under the Securities Act of 1933.
Pages S12319-20
  During consideration of this measure today, the Senate also took the 
following action:
  By 50 yeas to 49 nays (Vote No. 283), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 305 of the Congressional Budget 
Act of 1974, as amended, with respect to Conrad Amendment No. 2351, to 
fully reinstate the pay-as-you-go requirement through 2010. 
Subsequently, the

[[Page D1141]]

point of order that the amendment was not germane, was sustained, and 
the amendment thus fell.
Page S12291
  By 31 yeas to 68 nays (Vote No. 284), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 305 of the Congressional Budget 
Act of 1974, as amended, with respect to Ensign Amendment No. 2404 (to 
Amendment No. 2352, as modified), of a perfecting nature. Subsequently, 
the point of order that the amendment was not germane, was sustained, 
and the amendment thus fell.
Page S12294
  By 48 yeas to 51 nays (Vote No. 285), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 305 of the Congressional Budget 
Act of 1974, as amended, with respect to Lincoln Modified Amendment No. 
2356, to provide emergency health care and other relief for survivors 
of Hurricane Katrina. Subsequently, the point of order that the 
amendment, was not germane, was sustained, and the amendment thus fell.
                                                    Pages S12295-S12302
  By 32 yeas to 67 nays (Vote No. 286), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 306 of the Congressional Budget 
Act of 1974, as amended, with respect to Inhofe/Chambliss Amendment No. 
2355, to cap non-defense, non-trust-fund, discretionary spending at the 
previous fiscal year's level, beginning with fiscal year 2007. 
Subsequently, the point of order that the amendment contained matter 
within the jurisdiction of the Committee on the Budget, was sustained, 
and the amendment thus fell.
Page S12302
  By 46 yeas to 53 nays (Vote No. 290), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 305 of the Congressional Budget 
Act of 1974, as amended, with respect to Grassley Amendment No. 2359, 
to clarify certain payment limitations applicable to certain payments 
under title I of the Farm Security and Rural Investment Act of 2002 and 
section 1101 of the Agricultural Reconciliation Act of 2005 and to 
partially restore funding to programs reduced by sections 1101, 1201, 
and 1202 of the Agricultural Reconciliation Act of 2005. Subsequently, 
the point of order that the amendment was not germane, was sustained, 
and the amendment thus fell.
Pages S12306-07
  By 43 yeas to 56 nays (Vote No. 294), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 305 of the Congressional Budget 
Act of 1974, as amended, with respect to Murray Amendment No. 2372, to 
provide a 6-month transition period for coverage of prescription drugs 
under Medicaid for individuals whose drug coverage is to be moved to 
the Medicare prescription drug program. Subsequently, the point of 
order that the amendment was not germane, was sustained, and the 
amendment thus fell.
Pages S12309-10
  By 44 yeas to 55 nays (Vote No. 296), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 306 of the Congressional Budget 
Act of 1974, as amended, with respect to Byrd/Harkin Amendment No. 
2414, to provide for the suspension of the debate limitation on 
reconciliation legislation that causes a deficit or increases the 
deficit. Subsequently, the point of order that the amendment contained 
matter within the jurisdiction of the Committee on the Budget, was 
sustained, and the amendment thus fell.
Pages S12312-13
  By 43 yeas to 56 nays (Vote No. 297), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 305 of the Congressional Budget 
Act of 1974, as amended, with respect to Lautenberg Amendment No. 2381, 
to require certification prior to beneficiary enrollment in a 
prescription drug plan or an MA-PD plan that has a gap in the coverage 
of prescription drugs under part D of title XVIII of the Social 
Security Act. Subsequently, the point of order that the amendment was 
not germane, was sustained, and the amendment thus fell.
Page S12313
  By 51 yeas to 48 nays (Vote No. 302), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 305 of the Congressional Budget 
Act of 1974, as amended, with respect to Snowe Amendment No. 2371, to 
amend title XVIII of the Social Security Act to provide the authority 
for negotiating fair prices for medicare prescription drugs. 
Subsequently, the point of order that the amendment was not germane, 
was sustained, and the amendment thus fell.
Pages S12323-25
  National Adoption Month: Senate agreed to S. Res. 299, to express 
support for the goal of National Adoption Month by promoting national 
awareness of adoption, celebrating children and families involved in 
adoption, and encouraging Americans to secure safety, permanency, and 
well-being for all children.
  Page S12372
  Honoring Henry Giugni: Senate agreed to S. Res. 300, relative to the 
death of Henry Ku'ualoha Giugni, former Sergeant-at-Arms of the United 
States Senate.
  Pages S12372-73
Agriculture Appropriations Conference Report: By 81 yeas to 18 nays 
(Vote No. 282), Senate agreed

[[Page D1142]]

to the conference report to accompany H.R. 2744, making appropriations 
for Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies for the fiscal year ending September 30, 2006, 
clearing the measure for the President.
  Pages S12287-91
National Defense Authorization--Agreement: A unanimous-consent 
agreement was reached providing for further consideration 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 at 9:30 a.m. on 
Friday, November 4, 2005, pursuant to the order of Wednesday, October 
26, 2005; provided further, that on Friday, November 4, 2005, and 
Monday, November 7, 2005, amendments may be offered, debated, and then 
set aside with the time reserved for use at a later time.
  Page S12373
Messages From the House:
  Page S12352
Measures Read First Time:
  Page S12352
Executive Communications:
  Pages S12352-53
Executive Reports of Committees:
  Page S12353
Additional Cosponsors:
  Pages S12354-55
Statements on Introduced Bills/Resolutions:
  Pages S12355-59
Additional Statements:
  Pages S12350-52
Amendments Submitted:
  Pages S12359-71
Authorities for Committees to Meet:
  Page S12371
Privileges of the Floor:
  Page S12371
Record Votes: Twenty-two record votes were taken today. (Total--303) 
   Pages S12290-91, S12291, S12294, S12301-02, S12302, S12303, S12305, 
    S12306, S12307, S12308, S12309, S12310-11, S12313, S12314, S12319, 
                                         S12321, S12323, S12325, S12345
Adjournment: Senate convened at 9 a.m., and as a further mark of 
respect to the memory of the late Henry Ku'ualoha Giugni, in accordance 
with S. Res. 300, adjourned at 6:40 p.m., until 9:30 a.m., on Friday, 
November 4, 2005. (For Senate's program, see the remarks of the 
Majority Leader in today's Record on pages S12373-74.)