[Congressional Record Volume 151, Number 151 (Tuesday, November 15, 2005)]
[Daily Digest]
[Pages D1204-D1208]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                         Tuesday, November 15, 2005

[[Page D1204]]


                              Daily Digest

HIGHLIGHTS

      Senate passed National Defense Authorization bills.


                                 Senate


Chamber Action
Routine Proceedings, pages S12773-S12871
Measures Introduced: Eight bills and five resolutions were introduced, 
as follows: S. 2008-2015, and S. Res. 312-316.
  Page S12839
Measures Reported: S. 705, to establish the Interagency Council on 
Meeting the Housing and Service Needs of Seniors, with an amendment in 
the nature of a substitute. (S. Rept. No. 109-178)
  S. 1869, to reauthorize the Coastal Barrier Resources Act, with an 
amendment. (S. Rept. No. 109-179)
Page S12839
Measure Passed:
  National Defense Authorization: By a unanimous vote of 98 yeas (Vote 
No. 326), Senate passed 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, after taking action on the following amendments: 
                                                    Pages S12777-S12810
Adopted:
  Warner (for Dole) Modified Amendment No. 1522, to provide training 
for defense acquisition workforce on the requirements of section 2533a 
of title 10, United States Code (commonly referred to as the Berry 
Amendment) and the regulations implementing that section.
Page S12779
  Warner (for Smith) Amendment No. 2525, to provide for the temporary 
inapplicability of the Berry Amendment to procurements of specialty 
metals that are used to produce force protection equipment needed to 
prevent combat fatalities in Iraq and Afghanistan.
Page S12779
  Warner (for Hutchison/Nelson (FL)) Amendment No. 2526, to express the 
sense of the Senate with regard to manned space flight.
Page S12779
  Warner (for Ensign) Amendment No. 2527, to require an annual report 
on the costs incurred by the Department of Defense in implementing or 
supporting resolutions of the United Nations Security Council. 
                                                        Pages S12779-80
  Warner (for Snowe) Amendment No. 2528, to provide for the 
Administrator of the Small Business Administration's determination. 
                                                            Page S12780
  Warner (for Snowe) Amendment No. 2529, to encourage small business 
contracting in overseas procurements.
Page S12780
  Warner (for Snowe) Amendment No. 2530, to ensure fair access to 
multiple-award contracts.
Page S12780
  Warner (for Snowe/Kerry) Amendment No. 2531, to address research and 
development efforts for purposes of small business research. 
                                                        Pages S12780-81
  Warner (for Kerry) Amendment No. 2532, to clarify that the Small 
Business Administration has authority to provide disaster relief for 
small business concerns damaged by drought.
Page S12781
  Warner (for Kerry) Modified Amendment No. 1500, to require a strategy 
and report by the Secretary of Defense regarding the impact on small 
businesses of the requirement to use radio frequency identifier 
technology.
Page S12779
  Warner (for Bayh) Amendment No. 1518, to require lenders to include 
information regarding the mortgage and foreclosure rights of 
servicemembers under the Servicemembers Civil Relief Act.
Page S12779
  Warner (for Lautenberg) Amendment No. 2533, to require the Secretary 
of Defense to maintain a website listing information on Federal 
contractor misconduct, and to require a report on Federal sole source 
contracts related to Iraq reconstruction.
Page S12781
  Warner (for Collins) Amendment No. 1345, to provide for expedited 
action in bid protests conducted under OMB Circular A-76. 
                                                Pages S12778, S12792-96

[[Page D1205]]


  Warner (for Kennedy/Chambliss) Amendment No. 2534, to provide for 
improved assessment of public-private competition for work performed by 
civilian employees of the Department of Defense.
                                                        Pages S12781-82
  Warner (for Thomas) Modified Amendment No. 1468, relating to 
contracting in the procurement of certain supplies and services. 
                                                            Page S12778
  Warner (for Allard) Amendment No. 1354, to authorize the 
participation of members of the Armed Forces in the Paralympic Games. 
                                                            Page S12778
  Warner (for Inhofe) Amendment No. 2535, to express the sense of 
Congress that the President should take immediate steps to establish a 
plan to address the military and economic development of China. 
                                                        Pages S12782-83
  Warner (for Leahy) Amendment No. 1902, to require a report on records 
maintained by the Department of Defense on civilian casualties in 
Afghanistan and Iraq.
                                                            Page S12779
  Warner (for Santorum) Amendment No. 1898, to authorize the disposal 
and sale to qualified entities of up to 8,000,000 pounds of tungsten 
ores and concentrates from the National Defense Stockpile. 
                                                            Page S12779
  Warner/Levin Amendment No. 2536, to require a report on the 
development and utilization by the Department of Defense of robotics 
and unmanned ground vehicle systems.
                                                            Page S12783
  Warner Amendment No. 2537, to modify and extend the pilot program on 
share-in-savings contracts.
                                                            Page S12783
  Warner Amendment No. 2538, to provide for the supervision and 
management of the Defense Business Transformation Agency.
                                                            Page S12783
  Warner (for Snowe) Amendment No. 1538, to provide a termination date 
for the Small Business Competitiveness Demonstration Program. 
                                                            Page S12779
  Warner (for Chambliss) Amendment No. 2539, to make available, with an 
offset, an additional $45,000,000 for aircraft procurement for the Air 
Force for procurement of one C-37B aircraft.
                                                            Page S12784
  Warner (for Isakson) Amendment No. 2540, to designate certain 
financial assistance for cadets at military junior colleges as Ike 
Shelton Early Commissioning Program Scholarships.
                                                            Page S12784
  Warner Amendment No. 2541, to modify eligibility for the position of 
President of the Naval Postgraduate School.
                                                            Page S12784
  Warner (for DeWine) Amendment No. 2542, to provide an additional 
death gratuity to the eligible survivors of servicemembers who died 
between October 7, 2001, and May 11, 2005, from noncombat-related 
causes while on active duty.
                                                            Page S12784
  Warner (for Allen) Amendment No. 2543, to express the sense of the 
Senate with regard to aeronautics research and development. 
                                                            Page S12784
  Warner Amendment No. 2544, to modify the limited acquisition 
authority for the commander of the United States Joint Forces Command. 
                                                            Page S12784
  Warner Amendment No. 2545, to authorize certain emergency 
supplemental authorizations for the Department of Defense. 
                                                        Pages S12784-85
  Warner (for Dayton) Amendment No. 2546, to express the sense of the 
Senate on certain matters relating to the National Guard and Reserves. 
                                                            Page S12785
  Warner (for Byrd) Amendment No. 2547, to authorize the disposal of 
ferromanganese from the National Defense Stockpile.
                                                            Page S12785
  Warner (for Reid) Amendment No. 2548, to improve the Armament 
Retooling and Manufacturing Support Initiative.
                                                            Page S12785
  Warner Amendment No. 2549, to require the Secretary of Defense to 
consult with appropriate State and local entities on transportation, 
utility infrastructure, housing, schools, and family support activities 
related to the planned addition of personnel or facilities to existing 
military installations in connection with the closure or realignment of 
military installations as part of the 2005 round of defense base 
closure and realignment.
                                                            Page S12785
  Warner (for Lott/Cornyn) Amendment No. 2550, to express the sense of 
the Senate on reversionary interests at Navy homeports.
                                                            Page S12785
  Warner (for Levin) Amendment No. 2551, to require a report on claims 
related to the bombing of the LaBelle Discotheque in Berlin, Germany. 
                                                        Pages S12785-86
  Warner (for Kennedy/Feinstein) Amendment No. 2552, to provide that 
none of the funds authorized to be appropriated to the Department of 
Energy under this Act may be made available for the Robust Nuclear 
Earth Penetrator.
                                                            Page S12786
  Warner (for Snowe/Collins) Amendment No. 2553, to require the 
identification of environmental conditions at military installations 
closed or realigned as part of the 2005 round of defense base closure 
and realignment.
                                                            Page S12786
  Warner (for Snowe) Amendment No. 2554, to express the sense of 
Congress that the Secretary of Defense should not transfer any unit 
from a military installation that is closed or realigned until adequate 
facilities and infrastructure necessary to support such unit and 
quality of life requirements are ready at the receiving location. 
                                                            Page S12786

[[Page D1206]]


  Warner (for Hagel) Amendment No. 2555, to extend the period for which 
certain individuals in families that include members of the Reserve and 
National Guard do not have to reapply for supplemental security income 
benefits after a period of ineligibility for such benefits. 
                                                            Page S12786
  Warner (for Nelson (FL)) Amendment No. 2556, to urge the prompt 
submission of interim reports on residual beryllium contamination at 
Department of Energy vendor facilities.
                                                            Page S12787
  Warner (for Graham) Amendment No. 2557, to require a report on an 
expanded partnership between the Department of Defense and the 
Department of Veterans Affairs for the provision of health care 
services.
                                                            Page S12787
  Warner (for Salazar) Amendment No. 2558, to authorize grants for 
local workforce investment boards for the provision of services to 
spouses of certain members of the Armed Forces.
                                                            Page S12787
  Warner Amendment No. 2559, to make available $7,000,000 from 
Operation and Maintenance, Defense-Wide, for the reimbursement of 
expenses related to the Rest and Recuperation Leave Programs. 
                                                        Pages S12787-88
  Warner (for Feingold) Amendment No. 2560, to require a report on the 
information given to individuals enlisting in the Armed Forces of the 
so-called ``stop loss'' authority of the Armed Forces.
Page S12788
  Warner (for Byrd) Amendment No. 2561, to require preparation of a 
development plan for a national coal-to-liquid fuels program. 
                                                            Page S12788
  Warner (for Craig) Amendment No. 2562, to amend titles 10 and 38 of 
the United States Code, to modify the circumstances under which a 
person who has committed a capital offense is denied certain burial-
related benefits and funeral honors.
Page S12788
  Warner (for Feingold) Amendment No. 2563, to require an annual report 
on the budgeting of the Department of Defense related to key military 
equipment.
Page S12789
  Warner (for Martinez/Warner) Amendment No. 2564, to improve the 
general authority of the Department of Defense to accept and administer 
gifts.
Page S12789
  Warner (for McCain) Amendment No. 2565, to express the sense of the 
Senate on the applicability of the Uniform Code of Military Justice to 
members of the reserve components of the Armed Forces on inactive-duty 
training overseas.
Page S12789
  Warner (for McConnell) Amendment No. 2566, to facilitate the 
commemoration of the success of the United States Armed Forces in 
Operation Enduring Freedom and Operation Iraqi Freedom. 
                                                        Pages S12789-90
  Warner (for McConnell) Amendment No. 2567, to authorize the 
construction of battalion dining facilities at Fort Knox, Kentucky. 
                                                            Page S12790
  Warner/Levin Amendment No. 2568, to provide for a responsibility of 
the Joint Chiefs of Staff as military advisors to the Homeland Security 
Council.
Page S12790
  Warner (for Salazar) Amendment No. 2569, to express the sense of the 
Senate on the lives saved by the Common Remotely Operated Weapons 
Station (CROWS) platform.
Page S12790
  Warner Amendment No. 2570, to include packet based telephony service 
in the Department of Defense telecommunications benefit.
Page S12790
  Warner (for Collins/Snowe) Amendment No. 2571, to express the sense 
of the Senate to emphasize that financial assistance may be provided 
for the performance of activities by the Army National Guard without 
use of competitive procedures under standard exceptions to the use of 
such procedures.
Page S12790
  Warner (for Durbin) Amendment No. 2572, to clarify that military 
reservists, who are released from active duty and who are otherwise 
qualified, are eligible for veterans preference in Federal hiring. 
                                                            Page S12790
  Warner (for DeWine) Amendment No. 2573, to require the Secretary of 
Defense to conduct a study and submit a report on the feasibility of 
conducting a military and civilian partnership health care project. 
                                                            Page S12791
  Warner (for Snowe) Amendment No. 2574, to provide for a contracting 
incentive for small power plants on former military bases. 
                                                            Page S12791
  Warner/McCain Amendment No. 2575, to extend through 2010 the 
requirement for an annual report on the maturity of technology at the 
initiation of major defense acquisition programs.
Page S12791
  Warner (for Byrd) Amendment No. 2576, to authorize $4,500,000 for the 
Army National Guard for the construction of a readiness center at Camp 
Dawson, West Virginia, to authorize $2,000,000 for the Air National 
Guard for C-5 aircraft shop upgrades at Eastern West Virginia Regional 
Airport, Shepherd Field, Martinsburg, West Virginia, and to provide an 
offset.
Page S12791
  Warner Amendment No. 2577, to require a report on the effects of 
windmill farms on military readiness.
Pages S12791-92
  Warner Amendment No. 2578, to require a report on advanced 
technologies for nuclear power reactors in the United States. 
                                                            Page S12791
  Warner (for Bayh) Amendment No. 2579, to require quarterly reports on 
the war strategy in Iraq.
Page S12791

[[Page D1207]]


  By 79 yeas to 19 nays (Vote No. 323), Warner/Frist Amendment No. 
2518, to clarify and recommend changes to the policy of the United 
States on Iraq and to require reports on certain matters relating to 
Iraq.
Pages S12796-98
  By 84 yeas to 14 nays (Vote No. 325), Graham Amendment No. 2524 (to 
Amendment No. 2515), in the nature of a substitute. 
                                                Pages S12796, S12800-03
  Graham Amendment No. 2515, relating to the review of the status of 
detainees of the United States Government, as amended.
Page S12804
Rejected:
  By 40 yeas to 58 nays (Vote No. 322), Levin Amendment No. 2519, to 
clarify and recommend changes to the policy of the United States on 
Iraq and to require reports on certain matters relating to Iraq. 
                                                        Pages S12796-98
  By 44 yeas to 54 nays (Vote No. 324), Bingaman Amendment No. 2523 (to 
Amendment No. 2515), to provide for judicial review of detention of 
enemy combatants.
Pages S12798-S12800
  During consideration of this measure today, Senate also took the 
following action:
  A unanimous-consent request was granted permitting Senator Inhofe to 
change his yea vote to a nay vote on Vote No. 307 changing the outcome 
of the vote to 92 yeas to 6 nays relative to Nelson (FL) Amdt. No. 
2424, to repeal the requirement for the reduction of certain Survivor 
Benefit Plan annuities by the amount of dependency and indemnity 
compensation and to modify the effective date for paid-up coverage 
under the Survivor Benefit Plan (adopted on Tuesday, November 8, 2005).
  Department of Defense Authorization: Senate passed S. 1043, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, to prescribe personnel strengths for such 
fiscal year for the Armed Forces, after striking all after the enacting 
clause and inserting in lieu thereof Division A of S. 1042, National 
Defense Authorization, as passed.
  Page S12810
  Military Construction Authorization: Senate passed S. 1044, to 
authorize appropriations for fiscal year 2006 for military 
construction, after striking all after the enacting clause and 
inserting in lieu thereof Division B of S. 1042, National Defense 
Authorization, as passed.
  Page S12810
  Department of Energy Defense Activities Authorization: Senate passed 
S. 1045, to authorize appropriations for fiscal year 2006 for defense 
activities of the Department of Energy, after striking all after the 
enacting clause and inserting in lieu thereof Division C of S. 1042, 
National Defense Authorization, as passed.
  Pages S12810-11
  National Defense Authorization: Committee on Armed Services was 
discharged from further consideration of H.R. 1815, 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 military personnel 
strengths for such fiscal year, and the bill was then passed, after 
striking all after the enacting clause and inserting in lieu thereof 
the text of S. 1042, Senate companion measure, as amended and passed by 
the Senate.
  Pages S12811-12
  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 Warner, McCain, Inhofe, 
Roberts, Sessions, Collins, Ensign, Talent, Chambliss, Graham, Dole, 
Cornyn, Thune, Levin, Kennedy, Byrd, Lieberman, Reed, Akaka, Nelson 
(FL), Nelson (NE), Dayton, Bayh, and Clinton.
Page S12811
  A unanimous-consent agreement was reached providing that if the 
Senate receives a message with respect to S. 1042, 1043, 1044 and 1045, 
as passed (listed above), the Senate disagree with the House on its 
amendment or amendments to the Senate-passed bill and agree to or 
request a conference, as appropriate, with the House on the disagreeing 
votes of the two Houses; and that the Chair be authorized to appoint 
conferees.
Page S12811
  Feed America Thursday: Senate agreed to S. Res. 314, designating 
Thursday, November 17, 2005, as ``Feed America Thursday''. 
                                                            Page S12869
  Lewis and Clark Bicentennial Anniversary: Senate agreed to S. Res. 
315, to commemorate the bicentennial anniversary of the arrival of 
Lewis and Clark at the Pacific Ocean.
  Pages S12869-70
  White House Fellows Program: Committee on the Judiciary was 
discharged from further consideration of H. Con. Res. 269, recognizing 
the 40th anniversary of the White House Fellows Program, and the 
resolution was then agreed to.
  Page S12870
  Pike Exploration Bicentennial Anniversary: Committee on the Judiciary 
was discharged from further consideration of S. Res. 252, recognizing 
the Bicentennial Anniversary of Zebulon Montgomery Pike's explorations 
in the interior west of the United States, and the resolution was then 
agreed to.
  Pages S12870-71
  Heroes Earned Retirement Opportunities Act: Committee on Finance was 
discharged from further consideration of H.R. 1499, to amend the 
Internal Revenue Code of 1986 to allow members of the Armed Forces 
serving in a combat zone to make contributions to their individual 
retirement plans

[[Page D1208]]

even if the compensation on which such contribution is based is 
excluded from gross income, and the bill was then passed, after 
agreeing to the following amendment proposed thereto:
  Page S12871
  Santorum (for Frist) Amendment No. 2580, to make a technical 
correction.
Page S12871
Commerce/Justice/Science Appropriations--Conference Report: Senate 
began consideration of the conference report to accompany H.R. 2862, 
making appropriations for the Departments of Commerce and Justice, 
Science, and related agencies for the fiscal year ending September 30, 
2006.
  Pages S12812-24
  A unanimous-consent agreement was reached providing for further 
consideration of the conference report on Wednesday, November 16, 2005, 
with a vote to occur on adoption of the conference report. 
                                                            Page S12812
Pension Security and Transparency Act Agreement: A unanimous-consent 
time agreement was reached providing that following morning business, 
on Wednesday, November 16, 2005, Senate begin consideration of S. 1783, 
a bill to amend the Employee Retirement Income Security Act of 1974 and 
the Internal Revenue Code of 1986 to reform the pension funding rules; 
that the amendment in the nature of a substitute at the desk be agreed 
to as original text for the purpose of further amendment; that the only 
amendments in order be offered by Senator Isakson, or his designee, on 
airline pension plans, and an amendment by Senator Akaka relative to 
pilots, to be limited to 30 minutes of debate divided equally; that 
debate be limited to 2 hours divided equally, respectively; and that 
following disposition of the amendments, the bill, as amended, be read 
a third time and the Senate vote on final passage of the bill. 
                                                            Page S12869
Messages From the President: Senate received the following message from 
the President of the United States:
  Transmitting, consistent with section 2103(a)(1) of the Trade Act of 
2002, a report of the intention to enter into an agreement with the 
European Union, Japan, the Republic of Korea, and Taiwan on tariff 
treatment for multi-chip integrated circuits; which was referred to the 
Committee on Foreign Relations. (PM-31)
Page S12837
Messages From the House:
  Pages S12837-38
Measures Read First Time:
  Page S12871
Executive Communications:
  Pages S12838-39
Additional Cosponsors:
  Pages S12839-40
Statements on Introduced Bills/Resolutions:
  Pages S12840-54
Additional Statements:
  Pages S12836-37
Amendments Submitted:
  Pages S12854-68
Notices of Hearings/Meetings:
  Page S12868
Authorities for Committees to Meet:
  Pages S12868-69
Privileges of the Floor:
  Page S12869
Record Votes: Five record votes were taken today. (Total--326) 
                                    Page S12798, S12800, S12803, S12810
Adjournment: Senate convened at 9:45 a.m., and adjourned at 7:57 p.m., 
until 9:30 on Wednesday, November 16, 2005. (For Senate's program, see 
the remarks of the Acting Majority Leader in today's Record on page 
S12871.)