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Daily Digest
HIGHLIGHTS
See Résumé of Congressional Activity.
Senate
Agriculture Appropriations: Senate began consid-
Chamber Action eration of the H.R. 5384, making appropriations for
Routine Proceedings, pages S11111–S11238 Agriculture, Rural Development, Food and Drug
Measures Introduced: Eight bills and three resolu- Administration, and Related Agencies for the fiscal
tions were introduced, as follows: S. 4075–4082, S. year ending September 30, 2007, taking action on
Res. 622–623, and S. Con. Res. 122. Page S11194 the following amendment proposed thereto:
Pages S11127–56
Measures Reported:
By 57 yeas to 37 nays (Vote No. 271), three-fifths
S. 1531, to direct the Secretary of Health and of those Senators duly chosen and sworn, not having
Human Services to expand and intensify programs voted in the affirmative, Senate rejected the motion
with respect to research and related activities con- to waive section 402 of H. Con. Res. 95, Congres-
cerning elder falls, with an amendment in the nature sional Budget Resolution, with respect to the emer-
of a substitute. (S. Rept. No. 109–362) gency designation provision in Conrad Amendment
S. 2322, to amend the Public Health Service Act No. 5205, to provide emergency agricultural disaster
to make the provision of technical services for med- assistance. Subsequently, a point of order that the
ical imaging examinations and radiation therapy emergency designation provision would violate sec-
treatments safer, more accurate, and less costly, with tion 402 of H. Con. Res. 95 was sustained, and the
an amendment in the nature of a substitute. (S. provision was stricken. Also, the Chair sustained a
Rept. No. 109–363) point order that the amendment would exceed the
Report to accompany S. 3569, to implement the subcommittee’s 302(b) allocation and the amend-
United States-Oman Free Trade Agreement. (S. ment thus fell. Pages S11143–56
Rept. No. 109–364)
H.R. 3675, to amend the Federal Trade Commis- Bill Referral—Agreement: A unanimous-consent
sion Act to increase civil penalties for violations in- agreement was reached providing that the Com-
volving unfair or deceptive acts or practices that ex- mittee on Banking, Housing, and Urban Affairs be
ploit popular reaction to an emergency or major dis- discharged from further consideration of S. 4048, to
aster, and to authorize the Federal Trade Commis- prohibit Federal funding for the Organization for
sion to seek civil penalties for such violations in ac- Economic Co-operation and Development, and the
tions brought under section 13 of that Act. bill then be referred to the Committee on Foreign
Page S11193 Relations. Page S11238
of a substitute, and the following amendment pro- Nomination: Senate began consideration of the
posed thereto: Pages S11220–37 nomination of Andrew von Eschenbach, of Texas, to
Burr/Kennedy Amendment No. 5210, in the na- be Commissioner of Food and Drugs, Department of
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ture of a substitute. Page S11237 Health and Human Services. Pages S11237–38
D1122
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December 5, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D1123
A motion was filed to close further debate on the day, December 6, 2006. (For Senate’s program, see
nomination and, in accordance with the provisions of the remarks of the Majority Leader in today’s Record
rule XXII of the Standing Rules of the Senate, a clo- on page S11238.)
ture vote will occur on Thursday, December 7,
2006. Pages S11237–38
Nomination—Agreement: A unanimous-consent Committee Meetings
agreement was reached providing for consideration of (Committees not listed did not meet)
the nomination of Robert M. Gates, of Texas, to be
Secretary of Defense at 11:30 a.m., on Wednesday, NOMINATION
December 6, 2006. Page S11238
Nominations Received: Senate received the fol- Committee on Armed Services: Committee ordered favor-
lowing nominations: ably reported the nomination of Robert M. Gates, of
Jill E. Sommers, of Kansas, to be a Commissioner Texas, to be Secretary of Defense.
of the Commodity Futures Trading Commission for Prior to this action, committee concluded open
the remainder of the term expiring April 13, 2009. and closed hearings on the nomination of Mr. Gates,
Jeffrey Robert Brown, of Illinois, to be a Member after the nominee, who was introduced by former
of the Social Security Advisory Board for a term ex- Senators Dole and Boren, testified and answered
piring September 30, 2008 (Recess Appointment). questions in his own behalf.
Stanley Davis Phillips, of North Carolina, to be
Ambassador to the Republic of Estonia. NOMINATIONS
Sam Fox, of Missouri, to be Ambassador to Bel- Committee on Armed Services: Committee ordered favor-
gium. ably reported the nominations of Scott Wallace
Gregory B. Cade, of Virginia, to be Administrator Stucky, of Maryland, and Margaret A. Ryan, of Vir-
of the United States Fire Administration, Depart- ginia, both to be a Judge of the United States Court
ment of Homeland Security. of Appeals for the Armed Forces, and 1,023 routine
Heidi M. Pasichow, of the District of Columbia, military nominations.
to be an Associate Judge of the Superior Court of
the District of Columbia for the term of fifteen NOMINATIONS
years. Committee on Commerce, Science, and Transportation:
Frederick J. Kapala, of Illinois, to be United Committee concluded a hearing on the nominations
States District Judge for the Northern District of Il- of Steven R. Chealander, of Texas, to be a Member
linois. of the National Transportation Safety Board, and
Michael W. Tankersley, of Texas, to be Inspector Charles E. Dorkey III, of New York, to be a Mem-
General, Export-Import Bank. Page S11238
ber of the Advisory Board of the Saint Lawrence Sea-
Messages From the House: Page S11189 way Development Corporation, after the nominees
Measures Discharged: Page S11189 testified and answered questions in their own behalf.
Measures Read First Time: Pages S11189, S11238
HIGHER EDUCATION TAX EXEMPTIONS
Executive Communications: Pages S11189–93 Committee on Finance: Committee concluded a hearing
Petitions and Memorials: Page S11193 to examine a report card on tax exemptions and in-
Executive Reports of Committees: Pages S11193–94 centives for higher education, including whether any
changes should be made in the government’s overall
Additional Cosponsors: Pages S11194–96 strategy for providing such assistance or to the indi-
Statements on Introduced Bills/Resolutions: vidual programs and tax provisions that provide the
Pages S11196–S11200 assistance, after receiving testimony from Michael
Additional Statements: Pages S11181–89
Brostek, Director, Tax Issues, Strategic Issues Team,
Government Accountability Office; Daniel Golden,
Amendments Submitted: Pages S11200–19 Wall Street Journal, Boston, Massachusetts; Bridget
Authorities for Committees to Meet: Page S11219 Terry Long, Harvard Graduate School of Education,
Privileges of the Floor: Page S11219
and Susan M. Dynarski, Harvard University John F.
Kennedy School of Government and National Bureau
Record Votes: One record vote was taken today. of Economics, both of Cambridge, Massachusetts;
(Total—271) Page S11156 James J. Duderstadt, University of Michigan, Ann
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Adjournment: Senate convened at 12 noon, and ad- Arbor; and Patricia A. McGuire, Trinity (Wash-
journed at 8:16 p.m., until 9:30 a.m., on Wednes- ington) University, Washington, D.C.
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D1124 CONGRESSIONAL RECORD — DAILY DIGEST December 5, 2006
h
House of Representatives
in accessing affordable and high-quality respite care,
Chamber Action with an amendment (H. Rept. 109–716);
Public Bills and Resolutions Introduced: 39 pub- H.R. 5782, to amend title 49, United States
lic bills, H.R. 6338–6376; and 6 resolutions, H. Code, to provide for enhanced safety and environ-
Con. Res. 497–498; and H. Res. 1088–1091 were mental protection in pipeline transportation, to pro-
introduced. Pages H8742–44 vide for enhanced reliability in the transportation of
Additional Cosponsors: Pages H8744–45 the Nation’s energy products by pipeline, with an
Reports Filed: A report was filed on Wednesday, amendment (H. Rept. 109–717, Pt. 1 and Pt. 2);
November 15, as follows: H. Res. 1092, providing for consideration of H.R.
H.R. 4591, to implement the Stockholm Conven- 6346, to extend certain trade preference programs, to
tion on Persistent Organic Pollutants, the Protocol authorize the extension of nondiscriminatory treat-
on Persistent Organic Pollutants to the Convention ment (normal trade relations treatment) to the prod-
on Long-Range Transboundary Air Pollution, and ucts of Vietnam, to modify temporarily certain rates
the Rotterdam Convention on the Prior Informed of duty and make other technical amendments to the
Consent Procedure for Certain Hazardous Chemicals trade laws (H. Rept. 109–718); and
and Pesticides in International Trade, with an H. Res. 1093, waiving a requirement of clause
amendment (H. Rept. 109–714); 6(a) of rule XIII with respect to the same day con-
Reports were filed today as follows: sideration of certain resolutions reported from the
H.R. 4997, to permanently authorize amendments Committee on Rules (H. Rept. 109–719).
made by the Immigration and Nationality Technical Page H8742
Corrections Act of 1994 for the purpose of permit-
ting waivers of the foreign country residence require- Speaker: Read a letter from the Speaker wherein he
ment with respect to certain international medical appointed Representative Bishop of Utah to act as
graduates, with amendments (H. Rept. 109–715); Speaker pro tempore for today. Page H8675
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December 5, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D1125
MINER Act Technical Study Panel—Appoint- tal) distinctive emblem: H.R. 6338, to amend title
ment: The Chair announced, on behalf of the Major- 18, United States Code, to prevent and repress the
ity Leader of the House (Mr. Boehner) and the Ma- misuse of the Red Cresent distinctive emblem and
jority Leader of the Senate (Mr. Frist), pursuant to the Third Protocol (Red Crystal) distinctive emblem;
Public Law 109–236, the appointment of Thomas P. Pages H8692–93
Mucho of Pennsylvania to serve as a member of the
MINER Act Technical Study Panel. Page H8679
Southern Idaho Bureau of Reclamation Repay-
ment Act of 2006: H.R. 5666, amended, to author-
Suspensions: The House agreed to suspend the rules ize early repayment of obligations to the Bureau of
and pass the following measures: Reclamation within the A & B Irrigation District in
Expressing the sense of the House of Representa- the State of Idaho; Pages H8693–94
tives that Members of the House should actively Captain John Smith Chesapeake National His-
engage with employers and the American public at toric Trail Designation Act: H.R. 5466, amended,
large to encourage the hiring of members and to amend the National Trails System Act to des-
former members of the Armed Forces who were ignate the Captain John Smith Chesapeake National
wounded in service and are facing a transition to
civilian life: H. Res. 1070, amended, to express the Historic Trail; Pages H8694–95
sense of the House of Representatives that Members Authorizing certain tribes in the State of Mon-
of the House should actively engage with employers tana to enter into a lease or other temporary con-
and the American public at large to encourage the veyance of water rights to meet the water needs of
hiring of members and former members of the the Dry Prairie Rural Water Association, Inc.: S.
Armed Forces who were wounded in service and are 1219, to authorize certain tribes in the State of
facing a transition to civilian life, by a 2⁄3 yea-and- Montana to enter into a lease or other temporary
nay vote of 403 yeas with none voting ‘‘nay’’, Roll conveyance of water rights to meet the water needs
No. 524; Pages H8679–81, H8702 of the Dry Prairie Rural Water Association, Inc.—
Designating Room H–139 of the Capitol as the c1earing the measure for the President;
‘‘Henry J. Hyde Room’’: H. Res. 1087, to designate Pages H8695–96
Room H–139 of the Capitol as the ‘‘Henry J. Hyde More Water and More Energy Act of 2006: H.R.
Room’’; Pages H8681–82 5110, amended, to facilitate the use for irrigation
Extending through December 31, 2008, the au- and other purposes of water produced in connection
thority of the Secretary of the Army to accept and with development of energy resources; Pages H8696–97
expend funds contributed by non-Federal public Lowell National Historical Park Boundary Ad-
entities to expedite the processing of permits: H.R. justment Act: H.R. 395, to adjust the boundary of
6316, to extend through December 31, 2008, the Lowell National Historical Park; Pages H8697–98
authority of the Secretary of the Army to accept and
expend funds contributed by non-Federal public en- Providing for the preservation of the historic
tities to expedite the processing of permits; confinement sites where Japanese Americans were
Pages H8683–84 detained during World War II: Concur in Senate
Supporting the goals and ideals of National amendments to H.R. 1492, to provide for the pres-
High School Seniors Voter Registration Day: H. ervation of the historic confinement sites where Japa-
Con. Res. 73, to support the goals and ideals of Na- nese Americans were detained during World War
tional High School Seniors Voter Registration Day; II—clearing the measure for the President; and
Pages H8684–85 Pages H8698–H8700
Amending title 35, United States Code, to allow Amending the Internal Revenue Code of 1986 to
the Director of the Patent and Trademark Office provide that the Tax Court may review claims for
to waive statutory provisions governing patents equitable innocent spouse relief and to suspend the
and trademarks in certain emergencies: H.R. running on the period of limitations while such
4742, to amend title 35, United States Code, to claims are pending: H.R. 6111, amended, to amend
allow the Director of the Patent and Trademark Of- the Internal Revenue Code of 1986 to provide that
fice to waive statutory provisions governing patents the Tax Court may review claims for equitable inno-
and trademarks in certain emergencies; cent spouse relief and to suspend the running on the
Pages H8685–86 period of limitations while such claims are pending.
Pages H8700–01
Amending title 18, United States Code, to pre-
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vent and repress the misuse of the Red Cresent dis- Suspension—Failed: The House failed to agree to
tinctive emblem and the Third Protocol (Red Crys- suspend the rules and pass the following measure:
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D1126 CONGRESSIONAL RECORD — DAILY DIGEST December 5, 2006
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December 5, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D1127
resolutions reported from the Rules Committee. The trail segments, land components, and campgrounds
rule applies the waiver to any resolution reported on associated with that trail. Signed on December 1,
the legislative day of December 6, 2006, providing 2006. (Public Law 109–378)
for consideration of a bill to amend the Internal H.R. 5842, to compromise and settle all claims in
Revenue Code of 1986 to extend expiring provisions, the case of Pueblo of Isleta v. United States, to re-
and for other purposes. store, improve, and develop the valuable on-reserva-
f tion land and natural resources of the Pueblo. Signed
on December 1, 2006. (Public Law 109–379)
NEW PUBLIC LAWS S. 101, to convey to the town of Frannie, Wyo-
(For last listing of Public Laws, see DAILY DIGEST p. D1082) ming, certain land withdrawn by the Commissioner
H.R. 6326, to clarify the provision of nutrition of Reclamation. Signed on December 1, 2006. (Pub-
services to older Americans. Signed on November lic Law 109–380)
17, 2006. (Public Law 109–368) S. 1140, to designate the State Route 1 Bridge in
H.J. Res. 100, making further continuing appro- the State of Delaware as the ‘‘Senator William V.
priations for the fiscal year 2007. Signed on Novem- Roth, Jr. Bridge’’. Signed on December 1, 2006.
ber 17, 2006. (Public Law 109–369) (Public Law 109–381)
S. 435, to amend the Wild and Scenic Rivers Act S. 4001, to designate certain land in New Eng-
to designate a segment of the Farmington River and land as wilderness for inclusion in the National Pres-
Salmon Brook in the State of Connecticut for study ervation system and certain land as a National
for potential addition to the National Wild and Sce- Recreation Area. Signed on December 1, 2006.
nic Rivers System. Signed on November 27, 2006. (Public Law 109–382)
(Public Law 109–370) f
S. 819, to authorize the Secretary of the Interior COMMITTEE MEETINGS FOR WEDNESDAY,
to reallocate costs of the Pactola Dam and Reservoir, DECEMBER 6, 2006
South Dakota, to reflect increased demands for mu-
nicipal, industrial, and fish and wildlife purposes. (Committee meetings are open unless otherwise indicated)
Signed on November 27, 2006. (Public Law Senate
109–371) Committee on Agriculture, Nutrition, and Forestry: to hold
S. 1131, to authorize the exchange of certain Fed- hearings to examine the nominations of Leland A. Strom,
eral land within the State of Idaho. Signed on No- of Illinois, to be a Member of the Farm Credit Adminis-
vember 27, 2006. (Public Law 109–372) tration Board, Farm Credit Administration, Mark Everett
S. 2464, to revise a provision relating to a repay- Keenum, of Mississippi, to be Under Secretary of Agri-
ment obligation of the Fort McDowell Yavapai Na- culture for Farm and Foreign Agricultural Services, and
tion under the Fort McDowell Indian Community to be a Member of the Board of Directors of the Com-
Water Rights Settlement Act of 1990. Signed on modity Credit Corporation, and Jill E. Sommers, of Kan-
November 27, 2006. (Public Law 109–373) sas, to be a Commissioner of the Commodity Futures
S. 3880, to provide the Department of Justice the Trading Commission, 9:30 a.m., SR–328A.
necessary authority to apprehend, prosecute, and con- Committee on Environment and Public Works: business
meeting to consider the nominations of Alex A. Beehler,
vict individuals committing animal enterprise terror. of Maryland, to be Inspector General, Environmental Pro-
Signed on November 27, 2006. (Public Law tection Agency, and Eric D. Eberhard, of Washington,
109–374) and Diane Humetewa, of Arizona, each to be a Member
H.R. 409, to provide for the exchange of land of the Board of Trustees of the Morris K. Udall Scholar-
within the Sierra National Forest, California. Signed ship and Excellence in National Environmental Policy
on December 1, 2006. (Public Law 109–375) Foundation, 9:15 a.m., SD–406.
H.R. 860, to provide for the conveyance of the re- Full Committee, to hold hearings to examine issues re-
versionary interest of the United States in certain lating to climate change and the media, 9:30 a.m.,
lands to the Clint Independent School District, El SD–406.
Paso County, Texas. Signed on December 1, 2006. Committee on Finance: business meeting to consider
(Public Law 109–376) pending nominations, Time to be announced, Room to be
H.R. 1129, to authorize the exchange of certain announced.
Committee on Health, Education, Labor, and Pensions: busi-
land in the State of Colorado. Signed on December ness meeting to consider pending nominations:, 10 a.m.,
1, 2006. (Public Law 109–377) SD–430.
H.R. 3085, to amend the National Trails System Committee on Homeland Security and Governmental Affairs:
Act to update the feasibility and suitability study to hold hearings to examine the extent of fraud, waste,
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originally prepared for the Trail of Tears National and abuse relating to Hurricane Katrina, 10 a.m.,
Historic Trail and provide for the inclusion of new SD–342.
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D1128 CONGRESSIONAL RECORD — DAILY DIGEST December 5, 2006
Full Committee, to hold hearings to examine the nom- Committee on Small Business and Entrepreneurship: to hold
ination of Paul A. Schneider, of Maryland, to be Under hearings to examine the nomination of Jovita Carranza, of
Secretary of Homeland Security for Management, 3 p.m., Illinois, to be Deputy Administrator of the Small Busi-
SD–342. ness Administration, 2:30 p.m., SR–428A.
Committee on the Judiciary: to hold oversight hearings to House
examine activities of the Federal Bureau of Investigation,
Department of Justice, 9:30 a.m., SD–226. Committee on Armed Services, Subcommittee on Military
Subcommittee on Administrative Oversight and the Courts, to Personnel, hearing to examine criteria for awards and
hold oversight hearings to examine implementation of the Bank- decorations, 11 a.m., 2212 Rayburn.
ruptcy Abuse Prevention and Consumer Protection Act (Public Committee on Ways and Means, hearing on Patient Safety
Law 109–8), 2:30 p.m., SD–226. and Quality Issues in End-Stage Renal Disease Treat-
ment, 10:30 a.m., 1100 Longworth.
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December 5, 2006 CONGRESSIONAL RECORD—DAILY DIGEST D1129
* These figures include all measures reported, even if there was no accom-
panying report. A total of 149 reports have been filed in the Senate, a
total of 350 reports have been filed in the House.
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D1130 CONGRESSIONAL RECORD — DAILY DIGEST December 5, 2006
Next Meeting of the SENATE S. 843—Combating Autism Act of 2006; (4) H.R. 6342—To
9:30 a.m., Wednesday, December 6 amend title 38, United States Code, to extend certain expiring
provisions of law administered by the Secretary of Veterans Af-
Senate Chamber fairs, to expand eligibility for the Survivors’ and Dependents’
Educational Assistance program; (5) S. 4073—Robert Silvey
Program for Wednesday: After the transaction of any morn- Department of Veterans Affairs Outpatient Clinic Designation
ing business (not to extend beyond 11:30 a.m.), Senate will Act; (6) S. 1820—Dewey F. Bartlett Post Office Designation
begin consideration of the nomination of Robert M. Gates, of Act; (7) S. 3722—Naval Vessels Transfer Act of 2006; (8) S.
Texas, to be Secretary of Defense. 2125—Democratic Republic of the Congo Relief, Security, and
(Senate will recess from 12:30 p.m. until 2:15 p.m. for their re- Democracy Promotion Act of 2006; (9) H. Res. 1082—Con-
spective party conferences.) demning the decision by the city of St. Denis, France, to name
a street in honor of Mumia Abu-Jamal, the convicted murderer
of Philadelphia Police Officer Danny Faulkner; (10) H. Res.
1090—Honoring the life and accomplishments of Ruth Brown
Next Meeting of the HOUSE OF REPRESENTATIVES and expressing condolences to her family on her death; (11) S.
10 a.m., Wednesday, December 6 1998—Stolen Valor Act of 2005; (12) H.R. 5076—National
Transportation Safety Board Amendments Act of 2006; (13)
H.R. 5782—Pipeline Safety Improvement Act of 2006; (14)
House Chmber
H.R. 1674—Tsunami Warning and Education Act; (15) H.
Program for Wednesday: Consideration of suspensions as fol- Res. 1089—Honoring the life of Milton Friedman; and (16) H.
lows: (1) H.R. 6099—Unborn Child Pain Awareness Act of Res. 1084—To honor the contributions and life of Edward R.
2006; (2) H.R. 3248—Lifespan Respite Care Act of 2005; (3) Bradley.
Congressional Record
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