[Congressional Record Volume 152, Number 18 (Tuesday, February 14, 2006)]
[Daily Digest]
[Pages D92-D94]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                         Tuesday, February 14, 2006

[[Page D92]]

                              Daily Digest

                                 Senate


Chamber Action
Routine Proceedings, pages S1135-S1320
Measures Introduced: Nine bills and two resolutions were introduced, as 
follows: S. 2278-2286, and S. Res. 371-372.
  Page S1175
Measures Passed:
  American Jewish History Month: Committee on the Judiciary was 
discharged from further consideration of H. Con. Res. 315, urging the 
President to issue a proclamation for the observance of an American 
Jewish History Month, and the resolution was then agreed to. 
                                                             Page S1320
  Caribbean-American Heritage Month: Committee on the Judiciary was 
discharged from further consideration of H. Con. Res. 71, expressing 
the sense of Congress that there should be established a Caribbean-
American Heritage Month, and the resolution was then agreed to. 
                                                             Page S1320
Fairness in Asbestos Injury Resolution Act: Senate continued 
consideration of S. 852, to create a fair and efficient system to 
resolve claims of victims for bodily injury caused by asbestos 
exposure.
  Pages S1140-69
Pending:
  Frist Motion to reconsider the vote by which the motion to waive 
(listed below) was rejected.
Page S1169
  During consideration of this measure today, Senate also took the 
following action:
  By 58 yeas to 41 nays (Vote No. 21), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the Specter motion to waive section 407, limitation on long-
term spending proposals, of H. Con. Res. 95, the concurrent resolution 
on the budget for fiscal year 2006, with respect to the bill and Frist 
(for Specter/Leahy) Amendment No. 2746 (listed above). Subsequently, 
the Ensign point of order against the bill is sustained, pursuant to 
section 312(f) of the Congressional Budget Act, the bill is recommitted 
to the Committee on the Judiciary; provided further, that the vote on 
the motion to invoke cloture on Frist (for Specter/Leahy) Amendment No. 
2746, and the vote on the motion to invoke cloture on the bill were 
vitiated.
Pages S1168-69
USA PATRIOT Act Additional Reauthorizing Amendments Act--Cloture 
Motion: Senate began consideration of the motion to proceed to 
consideration of S. 2271, to clarify that individuals who receive FISA 
orders can challenge nondisclosure requirements, that individuals who 
receive national security letters are not required to disclose the name 
of their attorney, that libraries are not wire or electronic 
communication service providers unless they provide specific services. 
                                                         Pages S1169-70
  A motion was entered to close further debate on the motion to proceed 
to consideration of the bill and, in accordance with the provisions of 
Rule XXII of the Standing Rules of the Senate, a vote on cloture will 
occur on Thursday, February 16, 2006.
Page S1169
  A unanimous-consent agreement was reached providing for further 
consideration of the motion to proceed to consideration of the bill at 
approximately 10 a.m., on Wednesday, February 15, 2006.
Page S1320
Tax Relief Extension Reconciliation Act--Motions To Instruct Conferees: 
Senate completed consideration of the message of the House of 
Representatives to accompany H.R. 4297, to provide for reconciliation 
pursuant to section 201(b) of the concurrent resolution on the budget 
for fiscal year 2006, after taking action on the following motions to 
instruct conferees proposed thereto:
  Pages S1135-40
Adopted:
  By 53 yeas to 47 nays (Vote No. 16), Grassley Motion to Instruct 
Conferees to insist that the final conference report include the 
``hold-harmless'' relief from the individual alternative minimum tax in 
2006 (sections 106 and 107 of the amendment passed by the Senate) to 
protect middle class families and includes an extension of lower tax 
rates on capital gains and dividends (based on section 203 of the bill 
passed by the House of Representatives) to protect tax cuts for middle 
class families.
Page S1137
  DeWine Motion to Instruct Conferees to insist that the final 
conference report accept the veterans' mortgage bonds expansion 
provisions contained in

[[Page D93]]

section 303 of the bill as passed by the House of Representatives with 
such revisions as are necessary to provide veterans in all 50 States 
with access to lower-rate mortgages.
Page S1138
  Wyden Motion to Instruct Conferees to insist that the final 
conference report include a provision that repeals accelerated 
depreciation for geologic and geophysical costs for oil and gas 
exploration by the 5 major oil companies.
Page S1138
  Grassley (for Talent/Snow/Lincoln) Motion to Instruct Conferees to 
insist that the final conference report include a permanent extension 
of the modifications to the child tax credit made by the Economic 
Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and 
Growth Tax Relief Reconciliation Act of 2003.
Page S1138
  By 75 yeas to 25 nays (Vote No. 19), Grassley (for Hutchison) Motion 
to Instruct Conferees to insist that the final conference report 
include a permanent extension of the election to deduct State and local 
general sales taxes (based on section 105 of the amendment passed by 
the Senate).
Page S1139
Rejected:
  By 47 yeas to 53 nays (Vote No. 17), Kennedy Motion to Instruct 
Conferees to reject the extension of the capital gains and dividends 
rate reduction contained in section 203 of the bill as passed by the 
House of Representatives.
Page S1137
  By 45 yeas to 55 nays (Vote No. 18), Reed Motion to Instruct 
Conferees to insist that the final conference report include funding to 
strengthen America's military contained in title VI of the Senate 
amendment instead of any extension of the tax cuts for capital gains 
and dividends, which does not expire until 2009, contained in section 
203 of the bill as passed by the House of Representatives.
Page S1138
  By 46 yeas to 54 nays (Vote No. 20), Lautenberg Motion to Instruct 
Conferees to insist that the final conference report does not increase 
the national debt of the United States.
Page S1139
Withdrawn:
  Obama Motion to Instruct Conferees to insist that the final 
conference report include tax relief for the most vulnerable members of 
our society, including the low-income victims of Hurricane Katrina and 
children in families that are too poor to benefit fully from the 
refundable child tax credit.
Pages S1136, S1138
  Hatch Motion to Instruct Conferees to insist that the final 
conference report include a permanent extension of the credit for 
increasing research activities (based on section 108 of the amendment 
passed by the Senate), in order to improve American competitiveness. 
                                                     Pages S1136, S1138
  Reid (for Menendez) Motion to Instruct Conferees to insist that the 
final conference report include the Senate passed ``hold-harmless'' 
relief from the individual alternative minimum tax (AMT) in 2006, and 
does not include the extension of lower tax rates on capital gains and 
dividends.
Pages S1136, S1138
  Stabenow Motion to Instruct Conferees to insist that the final 
conference report include a permanent extension of the credit for 
increasing research activities, and to reject any extension of the tax 
rate for capital gains and dividends which does not expire until 2009. 
                                                     Pages S1136, S1138
  Grassley (for Lott) Motion to Instruct Conferees to insist that the 
final conference report include the repeal of the individual 
alternative minimum tax (based on sections 106 and 107 of the amendment 
passed by the Senate).
Pages S1136, S1138
  Grassley (for Santorum) Motion to Instruct Conferees to insist that 
the final conference report include a permanent extension of the above-
the-line deduction for tuition and fees (based on section 103 of the 
amendment passed by the Senate).
Pages S1136, S1138
  Grassley Motion to Instruct Conferees to insist that the final 
conference report ensure that in 2009 and 2010, the international 
competitiveness of the United States in attracting capital investment, 
and therefore job creation, is not weakened further by a higher 
combined corporate and individual income tax rate on corporate and 
capital income as a result of a higher dividend tax rate. 
                                                     Pages S1136, S1138
  Schumer Motion to Instruct Conferees to insist that the final 
conference report include the Senate-passed provision to extend the 
above-the-line deduction for tuition and fees through December 31, 2009 
(section 103), before it includes the House-passed extension of lower 
tax rates on capital gains and dividends (section 203), given budget 
constraints, noting that a conference report which maintains the 
tuition deduction will provide needed tax relief to more than 4,000,000 
American families each year that are struggling to keep pace with 
rising tuition costs.
Pages S1136, S1138
  The Chair was authorized to appoint the following conferees on the 
part of the Senate: Senators Grassley, Kyl, and Baucus.
Page S1139
Message From the President: Senate received the following message from 
the President of the United States:
  Transmitting, pursuant to law, a report prepared by the National 
Science Board entitled ``Science and Engineering Indicators--2006''; 
which was referred to the Committee on Commerce, Science, and 
Transportation. (PM-40)
Page S1173

[[Page D94]]

Nominations Received: Senate received the following nominations:
  Jon T. Rymer, of Tennessee, to be Inspector General, Federal Deposit 
Insurance Corporation.
  Jerome A. Holmes, of Oklahoma, to be United State District Judge for 
the Northern District of Oklahoma.
  Milan D. Smith, Jr., of California, to be United States Circuit Judge 
for the Ninth Circuit.
  Frank D. Whitney, of North Carolina, to be United States District 
Judge for the Western District of North Carolina.
Page S1320
Executive Communications:
  Pages S1173-75
Additional Cosponsors:
  Pages S1175-76
Statements on Introduced Bills/Resolutions:
  Pages S1176-80
Additional Statements:
  Pages S1172-73
Amendments Submitted:
  Pages S1180-S1319
Notices of Hearings/Meetings:
  Page S1319
Authorities for Committees to Meet:
  Pages S1319-20
Record Votes: Six record votes were taken today. (Total--21) 
                                    Pages S1137, S1138, S1139, S1168-69
Adjournment: Senate convened at 9:45 a.m., and adjourned at 7:19 p.m., 
until 9:30 a.m., on Wednesday, February 15, 2006. (For Senate's 
program, see the remarks of the Majority Leader in today's Record on 
page S1320.)