[Congressional Record Volume 151, Number 153 (Thursday, November 17, 2005)]
[Daily Digest]
[Pages D1232-D1236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                        Thursday, November 17, 2005

[[Page D1232]]

                              Daily Digest


HIGHLIGHTS

      Senate passed S. 2020, Tax Relief Act.
      The House agreed to H.J. Res. 72, Making Further Continuing 
      Appropriations for the Fiscal Year 2006;
      The House failed to agree to the Conference Report on H.R. 3010, 
      Departments of Labor, Health and Human Services, and Education, 
      and Related Agencies Appropriations Act, 2006; and
      The House passed H.R. 4241, Deficit Reduction Act of 2005.


                                 Senate


Chamber Action
Routine Proceedings, pages S13147-S13282
Measures Introduced: Twenty-four bills and four resolutions were 
introduced, as follows: S. 2028-2051, S. Res. 318-319, and S. Con. Res. 
65-66.
  Pages S13160-61
Measures Reported:
  S. 1390, to reauthorize the Coral Reef Conservation Act of 2000, with 
amendments. (S. Rept. No. 109-182)
  S. 2029, to amend and enhance certain maritime programs of the 
Department of Transportation. (S. Rept. No. 109-183)
  S. 1354, to establish commissions to review the facts and 
circumstances surrounding injustices suffered by European Americans, 
European Latin Americans, and Jewish refugees during World War II.
  S. 1614, to extend the authorization of programs under the Higher 
Education Act of 1965, with an amendment in the nature of a substitute.
  S. 1789, to prevent and mitigate identity theft, to ensure privacy, 
to provide notice of security breaches, and to enhance criminal 
penalties, law enforcement assistance, and other protections against 
security breaches, fraudulent access, and misuse of personally 
identifiable information, with an amendment in the nature of a 
substitute.
  S. 1961, to extend and expand the Child Safety Pilot Program.
  S. 2006, to provide for recovery efforts relating to Hurricanes 
Katrina and Rita for Corps of Engineers projects, with amendments.
  S. 2032, to authorize the Secretary of Homeland Security to award 
grants to public transportation agencies to improve security. 
                                                            Page S13160
Measures Passed:
  Housing and Service Needs of Seniors: Senate passed S. 705, to 
establish the Interagency Council on Meeting the Housing and Service 
Needs of Seniors, after agreeing to the committee amendment in the 
nature of a substitute.
  Pages S13253-60
  Tax Relief Act: By 64 yeas to 33 nays (Vote No. 347), Senate passed 
S. 2020, to provide for reconciliation pursuant to section 202(b) of 
the concurrent resolution on the budget for fiscal year 2006, after 
taking action on the following amendments proposed thereto: 
                                                    Pages S13072-S13145
Adopted:
  Grassley/Baucus Modified Amendment No. 2647, to provide an extension 
and increase in minimum tax relief to individuals.
Pages S13113-14
  Obama Amendment No. 2605, expressing the sense of the Senate that the 
Federal Emergency Management Agency should immediately address issues 
relating to no-bid contracting.
Pages S13090-92, S13124
  Nelson (NE)/DeWine Amendment No. 2625, to require the Secretary of 
the Treasury to establish a disability preference program for qualified 
tax collection contracts.
Pages S13120-21, S13130
  Dayton Amendment No. 2658, to provide valuation of employee personal 
use of noncommercial aircraft.
Page S13134

[[Page D1233]]

  Landrieu/Vitter Amendment No. 2669, to provide housing relief for 
individuals affected by Hurricane Katrina.
Pages S13134-35
  Craig/Rockefeller Amendment No. 2655, to express the sense of 
Congress regarding the conditions for the United States to become a 
signatory to any multilateral agreement on trade resulting from the 
World Trade Organization's Doha Development Agenda Round. 
                                                        Pages S13135-36
  Grassley/Baucus Amendment No. 2670, to make certain improvements to 
the bill.
Page S13137
Rejected:
  Baucus (for Reid) Modified Amendment No. 2653, to amend the Internal 
Revenue Code of 1986 to extend through 2010 certain tax incentives for 
renewable energy production and energy efficient building construction.
                                        Pages S13118-19, S13126, S13128
  Bingaman/Kerry Amendment No. 2642, to provide for a tax credit for 
offering employer-based health insurance coverage. 
                                                   Pages S13120, S13129
  Durbin Amendment No. 2623, to reduce the tax on Patriot employers. 
                                                Pages S13120, S13129-30
  Snowe Amendment No. 2667, to impose withholding on certain payments 
made by government entities and to use the revenues collected to fund 
programs under the Low-Income Home Energy Assistance Act of 1981 
through a trust fund.
Pages S13136-37
Withdrawn:
  Lincoln Amendment No. 2652, to modify the income threshold used to 
calculate the refundable portion of the child tax credit. 
                                                        Pages S13127-28
  During consideration of this bill, Senate also took the following 
action:
  By 44 yeas to 55 nays (Vote No. 330), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Conrad Amendment No. 2602, in the 
nature of a substitute. Subsequently, the Chair sustained a point of 
order that Conrad Amendment No. 2602, was not germane, and the 
amendment thus fell.
Pages S13072-80
  By 35 yeas to 64 nays (Vote No. 331), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Dorgan Amendment No. 2587, to amend 
the Internal Revenue Code of 1986 to impose a temporary windfall profit 
tax on crude oil and to rebate the tax collected back to the American 
consumer. Subsequently, the Chair sustained a point of order that 
Dorgan Amendment No. 2587, was not germane, and the amendment thus 
fell.
Pages S13101-02
  By 48 yeas to 51 nays (Vote No. 332), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Feinstein Amendment No. 2609, to 
repeal certain tax benefits, relating to oil and gas wells intangible 
drilling and development costs. Subsequently, the Chair sustained a 
point of order that Feinstein Amendment No. 2609, was not germane, and 
the amendment thus fell.
Pages S13081-85, S13102
  By 40 yeas to 59 nays (Vote No. 333), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Feinstein/Kerry Amendment No. 2610, 
to reinstate for millionaires a top individual income tax rate of 39.6 
percent, the pre-May 2003 rates of tax on capital gains and dividends, 
and to repeal the reduction and termination of the phase out of 
personal exemptions and overall limitation on itemized deductions, 
until the Federal budget deficit is eliminated. Subsequently, the Chair 
sustained a point of order that Feinstein Amendment No. 2610, was not 
germane, and the amendment thus fell.
Pages S13081-85, S13089-90, S13102-03
  By 57 yeas to 42 nays (Vote No. 334), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Cantwell Amendment No. 2612, to 
improve the Federal Trade Commission's ability to protect consumers 
from price-gouging during energy emergencies. Subsequently, the Chair 
sustained a point of order that Cantwell Amendment No. 2612, was not 
germane, and the amendment thus fell.
Pages S13085-89, S13103-04
  By 51 yeas to 47 nays (Vote No. 335), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Lott Amendment No. 2633, to clarify 
treatment of outside income and expenses in the Senate. Subsequently, 
the Chair sustained a point of order that Lott Amendment No. 2633, was 
not germane, and the amendment thus fell.
Pages S13104-13, S13114-15, S13123
  By 53 yeas to 45 nays (Vote No. 336), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 313 (b)(1)(A) of the Congressional 
Budget Act of 1974, with respect to Grassley Amendment No. 2654, to 
express the sense of the Senate. Subsequently, the Chair sustained the 
point

[[Page D1234]]

of order that the amendment was in violation of the Byrd Rule, and the 
amendment thus fell.
Pages S13123-24
  By 43 yeas to 55 nays (Vote No. 337), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Durbin Amendment No. 2596, to 
express the sense of the Senate concerning the provision of health care 
for children before providing tax cuts for the wealthy. Subsequently, 
the Chair sustained a point of order that Durbin Amendment No. 2596, 
was not germane, and the amendment thus fell.
Page S13124
  By 36 yeas to 62 nays (Vote No. 338), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Kennedy/Landrieu Amendment No. 
2588, to eliminate child poverty. Subsequently, the Chair sustained the 
point of order that Kennedy/Landrieu Amendment No. 2588, was not 
germane, and the amendment thus fell.
Pages S13092-95, S13124-25
  By 50 yeas to 48 nays (Vote No. 339), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Reed Amendment No. 2626, to impose 
a temporary windfall profits tax on crude oil and to use the proceeds 
of the tax collected to fund programs under the Low-Income Energy 
Assistance Act of 1981 through a trust fund. Subsequently, the Chair 
sustained a point of order that Reed Amendment No. 2626, was not 
germane, and the amendment thus fell.
Pages S13097-S13101, S13125-26
  By 50 yeas to 48 nays (Vote No. 340), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Feingold Amendment No. 2650, to 
fully reinstate the pay-as-you-go requirement through 2010. 
Subsequently, the Chair sustained the point of order that Feingold 
Amendment No. 2650 was not germane, and the amendment thus fell. 
                                  Pages S13115-16, S13121-22, S13126-27
  Chair sustained a point of order against Sununu Amendment No. 2651, 
to repeal State and local taxation exemptions applicable to the Federal 
National Mortgage Association and the Federal Home Loan Mortgage 
Corporation, as being in violation of sections 305(b) and 310(e) of the 
Congressional Budget Act of 1974, and the amendment thus fell. 
                                                    Page S13116, S13127
  By 33 yeas to 65 nays (Vote No. 341), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Schumer Amendment No. 2635, to 
amend the Internal Revenue Code of 1986 to impose a temporary windfall 
profit tax on crude oil and to use the proceeds of the tax collected to 
provide a nonrefundable tax credit of $100 for every personal exemption 
claimed for taxable years beginning in 2005. Subsequently, the Chair 
sustained the point of order that Schumer Amendment No. 2635 was not 
germane, and the amendment thus fell.
Pages S13116-18, S13122, S13128
  By 51 yeas to 47 nays (Vote No. 342), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Nelson (FL) Amendment No. 2601, to 
amend title XVIII of the Social Security Act to provide extended and 
additional protection to Medicare beneficiaries who enroll for the 
Medicare prescription drug benefit during 2006. Subsequently, the Chair 
sustained the point of order that Nelson (FL) Amendment No. 2601, was 
not germane, and the amendment thus fell.
Pages S13119, S13128-29
  By 43 yeas to 55 nays (Vote No. 343), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Boxer Amendment No. 2634, to 
provide an additional $500,000,000 for each of fiscal years 2006 
through 2010, to be used for readjustment counseling, related mental 
health services, and treatment and rehabilitative services for veterans 
with mental illness, post-traumatic stress disorder, or substance use 
disorder. Subsequently, the Chair sustained the point of order that 
Boxer Amendment No. 2634, was not germane, and the amendment thus fell.
                                                        Pages S13130-31
  By 55 yeas to 43 nays (Vote No. 344), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive under section 305(b) of the Congressional 
Budget Act of 1974, with respect to Kerry/Obama Amendment No. 2616, to 
accelerate marriage penalty relief for the earned income tax credit, to 
extend the election to include combat pay in earned income, and to make 
modifications of effective dates of leasing provisions of the American 
Jobs Creation Act of 2004. Subsequently, the Chair sustained the point 
of order that Kerry/Obama Amendment No. 2616 was not germane, and the 
amendment thus fell.
Pages S13131-32

[[Page D1235]]

  By 47 yeas to 51 nays (Vote No. 345), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Dayton Amendment No. 2629, to allow 
a refundable tax credit for the energy costs of farmers and ranchers, 
and to modify the foreign tax credit rules applicable to dual capacity 
taxpayers. Subsequently, the Chair sustained the point of order that 
Dayton Amendment No. 2629 was not germane, and the amendment thus fell.
                                                        Pages S13132-33
  By 42 yeas to 56 nays (Vote No. 346), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of the Congressional 
Budget Act of 1974, with respect to Harkin/Obama Amendment No. 2665, to 
amend the Internal Revenue Code of 1986 to restore the phaseout of 
personal exemptions and the overall limitation on itemized deductions 
and to modify the income threshold used to calculate the refundable 
portion of the child tax credit. Subsequently, the Chair sustained the 
point of order that Harkin/Obama Amendment No. 2665, was not germane, 
and the amendment thus fell.
Pages S13133-34
  Wired For Health Care Quality Act: Senate passed S. 1418, to enhance 
the adoption of a nationwide interoperable health information 
technology system and to improve the quality and reduce the costs of 
health care in the United States, after agreeing to the committee 
amendment in the nature of a substitute, and the following amendment 
proposed thereto:
  Pages S13260-77
  Frist (for Enzi) Amendment No. 2671, in the nature of a substitute. 
                                                            Page S13271
  Terrorism Risk Insurance Extension Act: Senate passed S. 467, to 
extend the applicability of the Terrorism Risk Insurance Act of 2002, 
after agreeing to the committee amendment in the nature of a 
substitute, and the following amendment proposed thereto: 
                                                        Pages S13277-82
  Frist (for Shelby) Amendment No. 2600, to make a modification. 
                                                            Page S13282
  U.S.S. Carl Vinson: Senate passed H.R. 4326, to authorize the 
Secretary of the Navy to enter into a contract for the nuclear 
refueling and complex overhaul of the U.S.S. Carl Vinson (CVN-70), 
clearing the measure for the President.
  Page S13282
Continuing Resolution--Agreement: A unanimous-consent agreement was 
reached providing that on Friday, November 18, 2005, Senate begin 
consideration of H.J. Res. 72, making further continuing appropriations 
for the fiscal year 2006; that Senator Harkin be recognized to offer an 
amendment relevant to CSBG, and that there be 20 minutes of debate on 
the amendment; that following the use or yielding back of time, Senate 
vote on or in relation to the amendment, to be followed by a vote on 
final passage of the resolution.
  Page S13260
Treaties Approved: The following treaties having passed through their 
various parliamentary stages, up to and including the presentation of 
the resolution of ratification, upon division, two-thirds of the 
Senators present having voted in the affirmative, the resolutions of 
ratification were agreed to:
  Agreement with Canada on Pacific Hake/Whiting (Treaty Doc. 108-24);
  Convention Strengthening Inter-American Tuna Commission (Treaty Doc. 
109-2); and
  Convention Concerning Migratory Fish Stock in the Pacific Ocean 
(Treaty Doc. 109-1).
Page S13282
Nominations Received: Senate received the following nominations:
  Dennis Bottorff, of Tennessee, to be a Member of the Board of 
Directors of the Tennessee Valley Authority for a term expiring May 18, 
2011.
  Robert M. Duncan, of Kentucky, to be a Member of the Board of 
Directors of the Tennessee Valley Authority for a term expiring May 18, 
2011.
  William B. Sansom, of Tennessee, to be a Member of the Board of 
Directors of the Tennessee Valley Authority for a term expiring May 18, 
2009.
  Howard A. Thrailkill, of Alabama, to be a Member of the Board of 
Directors of the Tennessee Valley Authority for a term expiring May 18, 
2007.
  Susan Richardson Williams, of Tennessee, to be a Member of the Board 
of Directors of the Tennessee Valley Authority for the term prescribed 
by law.
Pages S13146, S13282
Messages From the House:
  Page S13158
Measures Referred:
  Page S13158
Enrolled Bills Presented:
  Page S13158
Executive Communications:
  Pages S13159-60
Executive Reports of Committee:
  Page S13160
Additional Cosponsors:
  Pages S13161-62
Statements on Introduced Bills/Resolutions:
  Pages S13162-85
Additional Statements:
  Pages S13156-58
Amendments Submitted:
  Pages S13185-S13252
Notices of Hearings/Meetings:
  Page S13252
Authorities for Committees to Meet:
  Pages S13252-53
Privileges of the Floor:
  Page S13253

[[Page D1236]]

Record Votes: Eighteen record votes were taken today. (Total--347) 
                  Pages S13080, S13101-04, S13123-29, S13131-34, S13145
Recess: Senate convened at 9:30 a.m., and recessed at 12:58 a.m., on 
Friday, November 17, 2005 and will reconvene at 8:15 a.m. on the same 
day. (For Senate's program, see the remarks of the Acting Majority 
Leader in today's Record on page S13146.)