[Congressional Record Volume 151, Number 167 (Wednesday, December 21, 2005)]
[Daily Digest]
[Pages D1329-D1333]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                       Wednesday, December 21, 2005

[[Page D1329]]

                              Daily Digest


HIGHLIGHTS

      Senate agreed to the conference report to accompany S. 2167, USA 
      PATRIOT Act Extension.
      Senate agreed to the conference report to accompany H.R. 2863, 
      Department of Defense Appropriations.
      Senate agreed to the conference report to accompany H.R. 1815, 
      National Defense Authorization.
      Senate agreed to the conference report to accompany H.R. 3010, 
      Labor/HHS/Education Appropriations.
      Senate agreed to the conference report to accompany S. 1281, 
      National Aeronautics and Space Administration Authorization Act.
      Senate agreed to H. Con. Res. 326, Adjournment Resolution.


                                 Senate


Chamber Action
Routine Proceedings, pages S14199-S14422
Measures Introduced: Twenty-one bills and eight resolutions were 
introduced, as follows: S. 2156-2176, S. Res. 342-347, and S. Con. Res. 
74-75.                                                  
  Pages S14316-17
Measures Reported:
  S. 2015, to provide a site for construction of a national health 
museum. (S. Rept. No. 109-212)                              
Page S14316
Measures Passed:
  Enrollment Correction Resolution: By 48 yeas to 45 nays (Vote No. 
365), Senate agreed to S. Con. Res. 74, correcting the enrollment of 
H.R. 2863.                                              
  Pages S14233-39
  USA PATRIOT Act Extension: Senate passed S. 2167, to amend the USA 
PATRIOT ACT to extend the sunset of certain provisions of that Act and 
the lone wolf provision of the Intelligence Reform and Terrorism 
Prevention Act of 2004 to July 1, 2006.                 
  Pages S14275-81
  A unanimous-consent agreement was reached providing that if the House 
does not agree to the concurrent resolution (listed above), then 
adoption of the conference report to accompany H.R. 2863, Department of 
Defense Appropriations (listed below) is vitiated, and, notwithstanding 
the adoption of the adjournment resolution, Senate would reconvene at 8 
p.m. on Thursday, December 22, 2005.                        
Page S14421
  Global Pathogen Surveillance Act: Senate passed S. 2170, to provide 
for global pathogen surveillance and response.      
  Pages S14399-S14402
  Recognizing the Republic of Croatia: Senate agreed to S. Res. 342, 
recognizing the Republic of Croatia for its progress in strengthening 
democratic institutions, respect for human rights, and the rule of law 
and recommending the integration of Croatia into the North Atlantic 
Treaty Organization.                                    
  Pages S14402-03
  Thank Our Defenders Week: Senate agreed to S. Res. 343, expressing 
the sense of the Senate that the week of December 19, 2005 should be 
designated ``Thank Our Defenders Week.''                    
  Page S14403
  Support for Government of Georgia's South Ossetian Peace Plan: Senate 
agreed to S. Res. 344, expressing support for the Government of 
Georgia's South Ossetian Peace Plan and the successful and peaceful 
reintegration of the region into Georgia.               
  Pages S14403-04
  100th Anniversary of Fenton Art Glass: Senate agreed to S. Res. 345, 
recognizing the 100th anniversary of Fenton Art Glass, a beloved 
institution in West Virginia, that continues to contribute to the

[[Page D1330]]

economic and cultural heritage of the State through its production of 
world renowned, hand-blown glass.                           
  Page S14404
  Commending Appalachian State University Football Team: Senate agreed 
to S. Res. 346, commending the Appalachian State University Football 
Team for winning the 2005 National Collegiate Athletic Association 
Division I-AA Football Championship.                        
  Page S14404
  Encouraging Charitable Giving: Senate agreed to S. Con. Res. 75, 
encouraging all Americans to increase their charitable giving, with the 
goal of increasing the annual amount of charitable giving in the United 
States by 1 percent.                                    
  Pages S14404-05
  Enrollment Correction: Senate agreed to H. Con. Res. 324, directing 
the Secretary of the Senate to make a technical correction in the 
enrollment of S. 1281.                                      
  Page S14407
  Intellectual Property Rights in the Russian Federation: Committee on 
Foreign Relations was discharged from further consideration of H. Con. 
Res. 230, expressing the sense of the Congress that the Russian 
Federation must protect intellectual property rights, which was then 
referred to the Committee on Finance and was discharged from further 
consideration thereof, and the resolution was then agreed to. 
                                                            Page S14408
  Federal Flight Deck Officer Program: Committee on Commerce, Science, 
and Transportation was discharged from further consideration of H. Con. 
Res. 196, honoring the pilots of United States commercial air carriers 
who volunteer to participate in the Federal flight deck officer 
program, and the resolution was then agreed to.             
  Page S14408
  Recognizing African-American Basketball Teams and Players: Committee 
on Commerce, Science, and Transportation was discharged from further 
consideration of H. Con. Res. 59, recognizing the contributions of 
African-American basketball teams and players for their achievements, 
dedication, and contributions to the sport of basketball and to the 
Nation, and the resolution was then agreed to.              
  Page S14408
  Unaccompanied Alien Child Protection Act: Senate passed S. 119, to 
provide for the protection of unaccompanied alien children, after 
agreeing to the committee amendment, and the following amendment 
proposed thereto:
  Frist (for Feinstein) Amendment No. 2692, in the nature of a 
substitute.                                                 
Page S14408
  Mortgage Forbearance for Hurricane Victims: Senate agreed to S. Res. 
347, expressing the sense of the Senate that lenders holding mortgages 
on homes in communities of the Gulf Coast devastated by Hurricanes 
Katrina and Rita should extend current voluntary mortgage payment 
forbearance periods and not foreclose on properties in those 
communities.                                                
  Page S14408
  International Cooperation to Meet the Millennium Development Goals 
Act: Senate passed S. 1315, to require a report on progress toward the 
Millennium Development Goals, after agreeing to the committee 
amendments, and the following amendment proposed thereto: 
                                                        Pages S14408-10
  Frist (for Lugar) Amendment No. 2693, to strike ``as a fundamental 
guide on which to base their planning,'' provision.         
Page S14410
  Vet Center Enhancement Act: Senate passed S. 716, to amend title 38, 
United States Code, to enhance services provided by vet centers, to 
clarify and improve the provision of bereavement counseling by the 
Department of Veterans Affairs.                         
  Pages S14410-11
  Veteran Health Care Act: Senate passed S. 1182, to amend title 38, 
United States Code, to improve health care for veterans, after agreeing 
to the committee amendment in the nature of a substitute, and the 
following amendment proposed thereto:                   
  Pages S14411-16
  Frist (for Craig) Amendment No. 2694, in the nature of a substitute. 
                                                            Page S14416
  Fees for Armed Forces Funerals: Senate passed S. 1184, to waive the 
passport fees for a relative of a deceased member of the Armed Forces 
proceeding abroad to visit the grave of such member or to attend a 
funeral or memorial service for such member.                
  Page S14416
  Energy Policy Act Technical Corrections: Senate passed H.R. 4637, to 
make certain technical corrections in amendments made by the Energy 
Policy Act of 2005, clearing the measure for the President. 
                                                            Page S14416
  TANF and Child Care Continuation Act: Senate passed H.R. 4635, to 
reauthorize the Temporary Assistance for Needy Families block grant 
program through March 31, 2006, clearing the measure for the President.
                                                            Page S14416
  Federal Deposit Insurance Reform Conforming Amendments Act: Senate 
passed H.R. 4636, to enact the technical and conforming amendments 
necessary to implement the Federal Deposit Insurance Reform Act of 
2005, clearing the measure for the President.               
  Page S14416
  Junior Duck Stamp Reauthorization Amendments Act: Senate passed H.R. 
3179, to reauthorize and amend the Junior Duck Stamp Conservation and

[[Page D1331]]

Design Program Act of 1994, clearing the measure for the President. 
                                                            Page S14417
  Securing Aircraft Cockpits Against Lasers Act: Senate passed H.R. 
1400, to amend title 18, United States Code, to provide penalties for 
aiming laser pointers at airplanes, after agreeing to the following 
amendment proposed thereto:                                 
  Page S14417
  Frist (for Stevens) Amendment No. 2695, to provide exceptions for FAA 
research, Department of Defense activities, and use of signaling 
devices in emergencies.                                     
Page S14417
  Passport Services Enhancement Act: Senate passed H.R. 4501, to amend 
the Passport Act of June 4, 1920, to authorize the Secretary of State 
to establish and collect a surcharge to cover the costs of meeting the 
increased demand for passports as a result of actions taken to comply 
with section 7209(b) of the Intelligence Reform and Terrorism 
Prevention Act of 2004, clearing the measure for the President. 
                                                            Page S14417
  Trafficking Victims Protection Reauthorization Act: Senate passed 
H.R. 972, to authorize appropriations for fiscal years 2006 and 2007 
for the Trafficking Victims Protection Act of 2000, clearing the 
measure for the President.                              
  Pages S14417-20
  Employee Retirement Income Security Act Amendments: Senate passed 
H.R. 4579, to amend title I of the Employee Retirement Income Security 
Act of 1974, title XXVII of the Public Health Service Act, and the 
Internal Revenue Code of 1986 to extend by one year provisions 
requiring parity in the application of certain limits to mental health 
benefits, clearing the measure for the President.           
  Page S14420
  Torture Victims Relief Reauthorization Act: Senate passed H.R. 2017, 
to amend the Torture Victims Relief Act of 1998 to authorize 
appropriations to provide assistance for domestic and foreign programs 
and centers for the treatment of victims of torture, clearing the 
measure for the President.                              
  Pages S14420-21
  Second Higher Education Extension Act: Senate passed H.R. 4525, to 
temporarily extend the programs under the Higher Education Act of 1965, 
clearing the measure for the President.                     
  Page S14421
  Adjournment Resolution: Senate agreed to H. Con. Res. 326, providing 
for the sine die adjournment of the first session of the One Hundred 
Ninth Congress.                                             
  Page S14421
  A unanimous-consent agreement was reached providing that if the House 
does not agree to S. Con. Res. 74, correcting the enrollment of H.R. 
2863, then the adjournment resolution (listed above) be vitiated. 
                                                            Page S14421
Deficit Reduction Omnibus Reconciliation Act--House Message: By 51 yeas 
to 50 nays, Vice President voting yea (Vote No. 363), Senate concurred 
in the amendment of the House of Representatives to 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), with 
the following amendment proposed thereto:               
  Pages S14202-21
  Conrad Amendment No. 2691 (to the amendment of the House), in the 
nature of a substitute.
  During consideration of this measure today, Senate also took the 
following action:
  By 52 yeas to 48 nays (Vote No. 362), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive certain provisions of section 313 of the 
Congressional Budget Act of 1974, as amended, for consideration of 
sections 5001(b)(3), 5001(b)(4), and the relevant part of section 
6043(a) of the conference report. Subsequently, the point of order 
against section 5001(b)(3), section 5001(b)(4), and that portion of 
section 6043(a) proposing a new subsection (e)(4) to section 1916A of 
the Social Security Act as added by section 6041, and as amended by 
section 6042 of this Act, was sustained, and the conference report was 
defeated by operation of the Budget Act.                
Pages S14203-05
  The point of order against section 7404 regarding foster care was not 
sustained.                                              
Pages S14203-05
Department of Defense Appropriations--Conference Report: By a unanimous 
vote of 93 yeas (Vote No. 366), Senate agreed to the conference report 
to accompany H.R. 2863, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2006, providing that 
the House agree to S. Con. Res. 74 (listed above). 
                                             Pages S14221-33, S14241-54
  During consideration of this measure today, Senate also took the 
following action:
  By 56 yeas to 44 nays (Vote No. 364), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to close further debate on the conference report. 
                                                            Page S14233
  Subsequently, Senator Frist entered a motion to reconsider the vote 
by which cloture was not invoked, which was later rendered moot. 
                                                            Page S14233
National Defense Authorization--Conference Report: Senate agreed to the 
conference report to accompany 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

[[Page D1332]]

prescribe military personnel strengths for such fiscal year, clearing 
the measure for the President.                          
  Pages S14256-75
  Prior to this action, the pending vote on the motion to invoke 
cloture was vitiated.                                   
Pages S14254-56
Labor/HHS/Education Appropriations--Conference Report: Senate agreed to 
the conference report to accompany 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, 
clearing the measure for the President.                 
  Pages S14281-89
National Aeronautics and Space Administration Authorization Act--
Conference Report: Senate agreed to the conference report to accompany 
S. 1281, to authorize appropriations for the National Aeronautics and 
Space Administration for science, aeronautics, exploration, exploration 
capabilities, and the Inspector General, and for other purposes, for 
fiscal years 2006, 2007, 2008, 2009, and 2010, clearing the measure for 
the President.                                          
  Pages S14405-07
Nominations--Agreement: A unanimous-consent agreement was reached 
providing that, notwithstanding the adjournment of the Senate, all 
nominations remain in status quo, with the exception of the nomination 
of Brett M. Kavanaugh, of Maryland, to be United States Circuit Judge 
for the District of Columbia Circuit, and a list of nominations from 
the Committee on Armed Services that are at the desk.       
  Page S14398
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 S14399
Signing Authority--Agreement: A unanimous-consent agreement was reached 
providing that during this adjournment of the Senate, the Majority 
Leader and Senator Allen, be authorized to sign duly enrolled bills or 
joint resolutions.                                          
  Page S14399
Nominations Confirmed: Senate confirmed the following nominations:
  R. Thomas Weimer, of Colorado, to be an Assistant Secretary of the 
Interior.
  Vincent J. Ventimiglia, Jr., of Maryland, to be an Assistant 
Secretary of Health and Human Services.
  Timothy Mark Burgess, of Alaska, to be United States District Judge 
for the District of Alaska.
  Joseph Frank Bianco, of New York, to be United States District Judge 
for the Eastern District of New York.
  Emilio T. Gonzalez, of Florida, to be Director of the Bureau of 
Citizenship and Immigration Services, Department of Homeland Security.
  Gregory F. Van Tatenhove, of Kentucky, to be United States District 
Judge for the Eastern District of Kentucky.
  Kristi Dubose, of Alabama, to be United States District Judge for the 
Southern District of Alabama.
  Virginia Mary Kendall, of Illinois, to be United States District 
Judge for the Northern District of Illinois.
  W. Keith Watkins, of Alabama, to be United States District Judge for 
the Middle District of Alabama.
  Eric Nicholas Vitaliano, of New York, to be United States District 
Judge for the Eastern District of New York.
  Michael Joseph Copps, of Virginia, to be a Member of the Federal 
Communications Commission for a term of five years from July 1, 2005.
  Deborah Taylor Tate, of Tennessee, to be a Member of the Federal 
Communications Commission for the remainder of the term expiring June 
30, 2007.
  1 Air Force nomination in the rank of general.
  3 Army nominations in the rank of general.
  1 Marine Corps nomination in the rank of general.
  Routine lists in the Air Force, Army, Marine Corps, Navy.
  Routine lists in the Coast Guard. (Prior to this action, the 
Committee on Commerce, Science, and Transportation was discharged from 
further consideration.)              
Pages S14290-92, S14398, S14421-22
Nominations Received: Senate received the following nominations:
  Received on Wednesday, December 21, during the adjournment:
  Alexander A. Karsner, of Virginia, to be an Assistant Secretary of 
Energy (Energy Efficiency and Renewable Energy).
  Susan Richardson Williams, of Tennessee, to be a Member of the Board 
of Directors of the Tennessee Valley Authority for a term expiring May 
18, 2007.
  Donald R. DePriest, of Mississippi, 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 the term prescribed by 
law.
  Vince J. Juaristi, of Virginia, to be a Member of the Board of 
Directors of the Corporation for National and Community Service for a 
term expiring February 8, 2009.
  A routine list in the Navy.                               
Page S14421

[[Page D1333]]

Nominations Withdrawn: Senate received notification of withdrawal of 
the following nominations:
  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, which was sent to the Senate on November 17, 2005.
  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, which was sent to the Senate on November 17, 2005. 
                                                            Page S14422
Messages From the House:                                    
  Page S14316
Additional Cosponsors:                                  
  Pages S14317-18
Statements on Introduced Bills/Resolutions:             
  Pages S14318-37
Additional Statements:                                  
  Pages S14314-16
Amendments Submitted:                                   
  Pages S14337-96
Record Votes: Five record votes were taken today. (Total--366) 
                           Pages S14205, S14221, S14233, S14239, S14254
Adjournment: Senate met at 9 a.m., and, in accordance with the 
provisions of H. Con. Res. 326, adjourned sine die at 12:13 a.m., on 
Thursday, December 22, 2005, until 12 noon, on Tuesday, January 3, 2006 
for a pro forma session, and then adjourn automatically until 10 a.m. 
on Wednesday, January 18, 2006, unless the House of Representatives 
fails to adopt S. Con. Res. 74, Enrollment Correction Resolution, at 
which time the Senate will reconvene at 8 p.m. on Thursday, December 
22, 2005.