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Daily Digest
HIGHLIGHTS
Senate passed H.R. 3, Transportation Equity Act.
The House passed H.R. 2360, Department of Homeland Security Appro-
priations Act for Fiscal Year 2006.
Senate
for individuals who operate motor vehicles while in-
Chamber Action toxicated or under the influence of alcohol under ag-
Routine Proceedings, pages S5249–S5373 gravated circumstances. Pages S5265–66
Measures Introduced: Seventeen bills and three res- Inhofe Amendment No. 605, to provide a com-
olutions were introduced, as follows: S. 1042–1058, plete substitute. Pages S5265–66
S.J. Res. 19, S. Res. 144, and S. Con. Res. 34. Rejected:
Pages S5300–01 By 14 yeas to 86 nays (Vote No. 123), Allen/En-
Measures Reported: sign Amendment No. 611 (to Amendment No.
S. 1042, to authorize appropriations for fiscal year 605), to modify the eligibility requirements for
2006 for military activities of the Department of States to receive a grant under section 405 of title
Defense, for military construction, and for defense 49, United States Code. Pages S5256–57, S5264–65
activities of the Department of Energy, to prescribe By 16 yeas to 84 nays (Vote No. 124), Sessions
personnel strengths for such fiscal year for the Modified Amendment No. 646 (to Amendment No.
Armed Forces. (S. Rept. No. 109–69) 605), to reduce funding for certain programs.
S. 1043, to authorize appropriations for fiscal year Pages S5266–67
2006 for military activities of the Department of Withdrawn:
Defense, to prescribe personnel strengths for such fis- Inhofe (for Snowe) Amendment No. 706 (to
cal year for the Armed Forces. Amendment No. 605), to specify which portions of
S. 1044, to authorize appropriations for fiscal year Interstate Routes 95, 195, 295, and 395 in the State
2006 for military construction. of Maine are subject to certain vehicle weight limita-
S. 1045, to authorize appropriations for fiscal year tions. Page S5254
2006 for defense activities of the Department of En- During consideration of this measure today, Senate
ergy. also took the following action:
S. 1053, to amend the Federal Election Campaign Inhofe Amendment No. 761 (to Amendment No.
Act of 1971 to clarify when organizations described 605), previously agreed to on Monday, May 16,
in section 527 of the Internal Revenue Code of 1986 2005, was modified, to make a technical correction,
must register as political committees, and for other by unanimous consent. Page S5257
purposes. Page S5300 Civil Society in Cuba: Committee on Foreign
Measures Passed: Relations was discharged from further consideration
Transportation Equity Act: By 89 yeas to 11 of S. Res. 140, expressing support for the historic
nays (Vote No. 125), Senate passed H.R. 3, to au- meeting in Havana of the Assembly to Promote the
thorize funds for Federal-aid highways, highway safe- Civil Society in Cuba on May 20, 2005, as well as
ty programs, and transit programs, after taking ac- to all those courageous individuals who continue to
tion on the following amendments proposed thereto: advance liberty and democracy for Cuban people,
Pages S5256–82 and the resolution was then agreed to. Page S5368
Adopted: Federal Bureau of Investigation: Senate agreed
Reid (for Lautenberg) Modified Amendment No. to S. Res. 144, recognizing Tim Nelson and Hugh
619 (to Amendment No. 605), to increase penalties Sims for their bravery and their contributions in
D494
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D496 CONGRESSIONAL RECORD — DAILY DIGEST May 17, 2005
Skinner, Acting Inspector General, Office of Inspec- Greenblatt, Counsel, Dan M. Berkovitz, Counsel to
tor General, all of the Department of Homeland Se- the Minority, and Steven A. Groves, Counsel, all of
curity; Margaret T. Wrightson, Director, Homeland the U.S. Senate Permanent Subcommittee on Inves-
Security and Justice Issues, Government Account- tigations.
ability Office; Jean Godwin, American Association of Hearing recessed subject to the call.
Port Authorities, Alexandria, Virginia; and Chris- OLDER AMERICANS ACT
topher Koch, World Shipping Council, Washington, REAUTHORIZATION
D.C.
Committee on Health, Education, Labor, and Pensions:
BUSINESS MEETING Subcommittee on Retirement Security and Aging
Committee on Energy and Natural Resources: Committee held a hearing to examine the Administration’s rec-
began markup of proposed comprehensive energy ommendations for the Older Americans Act Reau-
legislation, focusing on provisions relating to Indian thorization, focusing on the National Family Care-
Energy, Department of Energy Management, and giver Support Program, primary long-term care
Personnel and Training, but did not complete action issues, and the aging population and workforce, re-
thereon, and will meet again tomorrow. ceiving testimony from Josefina Carbonell, Assistant
Secretary of Health and Human Services for Aging;
NUCLEAR SECURITY and Emily DeRocco, Assistant Secretary of Labor for
Committee on Environment and Public Works: Com- Employment and Training.
mittee concluded a closed hearing to examine nu- Hearing recessed subject to the call.
clear security issues, receiving testimony from offi-
cials of the Nuclear Regulatory Commission. IMMIGRATION REFORM
Committee on the Judiciary: Subcommittee on Immi-
COMMISSION FOR AFRICA gration, Border Security and Citizenship and the
Committee on Foreign Relations: Committee concluded Subcommittee on Terrorism, Technology and Home-
a hearing to examine the Commission for Africa, rec- land Security held a joint hearing to examine
ommendations for a coherent strategy for African de- strengthening our national security, regarding the
velopment and reform, after receiving testimony need for comprehensive immigration reform, receiv-
from former Senator Nancy Kassebaum-Baker, and ing testimony from Asa Hutchinson, Venable, LLP,
Tidjane Thiam, Aviva, London, United Kingdom, Washington, D.C., former Under Secretary of Home-
both on behalf of the Commission for Africa; and land Security for Border and Transportation Security;
Nancy Birdsall, Center for Global Development, Margaret D. Stock, United States Military Academy,
Washington, D.C. West Point, New York, on behalf of the American
Immigration Lawyers Association; and Mark K.
OIL FOR FOOD Reed, Border Management Strategies, LLC, Tucson,
Committee on Homeland Security and Governmental Af- Arizona.
fairs: Permanent Subcommittee on Investigations Hearing recessed subject to the call.
held a hearing to examine the United Nations’ Oil-
for-Food Program, the illegal surcharges paid on BUSINESS MEETING
Iraqi oil sales, and the nature and extent of the 2003 Select Committee on Intelligence: Committee met in
Khor al-Amaya incident, receiving testimony from closed session to consider pending intelligence mat-
George Galloway, Member of Parliament for Bethnal ters.
Green and Bow, Great Britain; and Mark L. Committee recessed subject to the call.
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May 17, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D497
House of Representatives
for state and local grant programs, intended to en-
Chamber Action hance the security of chemical plants (by a recorded
Measures Introduced: 33 public bills, H.R. vote of 225 ayes to 198 noes, Roll No. 176); and
2385–2417; and 7 resolutions, H. Con. Res. Pages H3379–81, H3401–02
154–155, and H. Res. 280–282; 284–285 were in- Obey amendment that provides funds for grants
troduced. Pages H3433–35 to assist States in conforming with minimum driv-
Additional Cosponsors: Pages H3435–36 ers’ license standards (agreed to limit the time for
debate on the amendment) (by a recorded vote of
Reports Filed: Reports were filed today as follows: 226 ayes to 198 noes, Roll No. 179).
H. Res. 283, providing for consideration of the Pages H3399–H3400, H3403–04
bill (H.R. 1817) to authorize approppriations for fis- Rejected:
cal year 2006 for the Department of Homeland Se- Jackson-Lee amendment that sought to increase
curity, and for other purposes (H. Rept. 109–84). the funding for Citizenship and Immigration Serv-
Page H3433
ices; Pages H3373–76
Speaker: Read a letter from the Speaker wherein he Poe amendment (no. 10 printed in the Congres-
appointed Representative Lynn A. Westmoreland to sional Record of May 16) that sought to prohibit the
act as Speaker Pro Tempore for today. Page H3335 use of funds to carry out two provisions in the Avia-
Recess: tion and Transportation Security Act (the request for
The House recessed at 9:10 a.m. and reconvened a recorded vote was later vacated);
Pages H3395–97, H3398
at 10 a.m. Page H3336
Tancredo amendment (no. 1 printed in the Con-
Department of Homeland Security Appropria- gressional Record of May 16) that sought to prohibit
tions Act for Fiscal Year 2006: The House passed the use of funds from being available to assist any
H.R. 2360, making appropriations for the Depart- State or local government that prohibits or restricts
ment of Homeland Security for the fiscal year ending the free flow of information between local law en-
September 30, 2006, by the Yeas and Nays: 424–1 forcement units and the Bureau of Immigration and
(Roll no. 180). Pages H3340–H3405 Customs Enforcement (point of order raised against
Agreed to: the amendment was overruled) (by a recorded vote
Musgrave amendment that increases funding for of 165 ayes to 258 noes, Roll No. 177); and
state and local programs in the Office of State and Pages H3393–94, H3402–03
Local Government Coordination and Preparedness; Meeks amendment that sought to prohibit the use
Page H3376 of funds to close any detention facility operated by
Sabo amendment that increases funding for Fire- or on behalf of U.S. Immigration and Customs En-
fighter Assistance Grants; Pages H3376–79 forcement that has been operational in 2005 (agreed
King of Iowa amendment that reduces and then to limit the time for debate on the amendment) (by
increases funding for Immigration and Customs En- a recorded vote of 199 ayes to 223 noes, Roll No.
forcement salaries and expenses; Page H3385 178). Pages H3397, H3403
Tom Davis of Virginia amendment (no. 2 printed Withdrawn:
in the Congressional Record of May 16) that will Souder amendment (no. 9 printed in the Congres-
terminate the background check provision in the bill sional Record of May 16) that was offered and subse-
once the President selects a single agency to conduct quently withdrawn that sought to provide for $6
security clearance investigations pursuant to the In- million of the funds appropriated for the Office of
telligence Reform and Terrorism Prevention Act and the Secretary be used for the Office of Counter-
Congress has been informed that the agency can con- narcotics Enforcement; Pages H3368–69
duct all necessary investigations in a timely manner Jackson-Lee amendment that was offered and sub-
or that the agency has authorized entities within the sequently withdrawn that sought to increase funding
Homeland Security Department to conduct their for Citizenship and Immigration Services;
own investigations; Pages H3394–95 Pages H3369–70
Jackson-Lee amendment that prohibits the use of LoBiondo amendment (no. 7 printed in the Con-
funds to patrol the U.S. border except as authorized gressional Record of May 16) that was offered and
by law; Pages H3400–01 subsequently withdrawn that sought to increase
Menendez amendment (no. 14 printed in the Con- funding for the Coast Guard’s Deepwater program to
gressional Record of May 16) that increases funding replace aging vessels and planes; Pages H3370–73
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D498 CONGRESSIONAL RECORD — DAILY DIGEST May 17, 2005
LaTourette amendment that was offered and sub- Adjournment: The House met at 9 a.m. and ad-
sequently withdrawn that sought to eliminate fund- journed at 10:23 p.m.
ing for trucking industry security grants, intercity
bus security grants, and intercity passenger rail
transportation, freight rail, and transit security
Committee Meetings
grants; and Pages H3387–88 HIGH SCHOOL REFORM
Tiahrt amendment that was offered and subse- Committee on Education and the Workforce: Held a hear-
quently withdrawn that sought to prohibit the use ing entitled ‘‘High School Reform: Examining State
of funds to promulgate regulations without consider- and Local Efforts.’’ Testimony was heard from the
ation of the effect of such regulations on the com- following Governors: W. Mitt Romney, Massachu-
petitiveness of American businesses. Pages H3397–98 setts; and Thomas Vilsack, Iowa.
Point of Order sustained against:
Hostettler amendment that would have increased EMPLOYER-SPONSORED HEALTH CARE
funding for Customs and Border Protection and for Committee on Education and the Workforce: Sub-
Immigration and Customs Enforcement; committee on Employer-Employee Relations held a
Pages H3367–68 hearing entitled ‘‘Examining Pay-for-Performance
Provision under the portion of the bill regarding Measures and Other Trends in Employer-Sponsored
Aviation Security, beginning at the colon on page Health Care.’’ Testimony was heard from public wit-
17, line 2 through the word ‘‘intent’’ on line 11, re- nesses.
garding the Government’s share of the costs of air- DRUG TESTING PROGRAMS SUBVERSION
port projects; Page H3386
Provision regarding National Pre-Disaster Mitiga- Committee on Energy and Commerce: Subcommittee on
tion Fund beginning on page 36 line 19, the word Oversight and Investigations held a hearing entitled
‘‘and’’ through line 22, the word ‘‘funds’’; and ‘‘Subversion of Drug Testing Programs.’’ Testimony
Page H3389
was heard from Robert Cramer, Office of Special In-
Obey amendment that sought to increase funding vestigations, GAO; Robert Stephenson, Substance
for Customs and Border Protection, Immigration and Abuse and Mental Health Services Administration,
Department of Health and Human Services; and
Customs Enforcement, and the Federal Law Enforce- public witnesses.
ment Training Center. Pages H3398–99
In refusing to give testimony at this hearing, the
H. Res. 278, the rule, as amended, providing for following individuals: Dennis Catalano, President,
consideration of the bill was agreed to by a recorded Puck Technology; Michael Fichera, Health Choice of
vote of 222 ayes to 185 noes and 2 voting ‘‘present’’, New York, Inc.; and Matt Stephens, President, Spec-
Roll No. 175. Pages H3345–46
trum Labs, invoked Fifth Amendment privileges.
Agreed to an amendment offered by Representa-
tive Sessions by voice vote, after agreeing to order STATE AND LOCAL HOUSING FLEXIBILITY
the previous question on the amendment and the ACT
resolution by a yea-and-nay vote of 223 yeas to 185 Committee on Financial Services: Subcommittee on
nays, Roll No. 174. Page H3345 Housing and Community Opportunity held a hear-
Presidential Message: Read a message from the ing on H.R. 1999, State and Local Housing Flexi-
President wherein he notified the Congress of the bility Act of 2005. Testimony was heard from Rudy
continuation of the National Emergency with respect Monteil, Executive Director, Housing Authority, Los
to Burma—referred to the Committee on Inter- Angeles, California; Renee Glover, Chief Executive
national Relations and ordered printed (H. Doc. Officer, Housing Authority, Atlanta, Georgia; Daniel
109–27). Page H3405 Nackerman, Executive Director, Housing Authority,
County of San Bernardino, California; and public
Committee Election: The House agreed to H. Res. witnesses.
281, electing Representative Chocola to the Com-
mittee on the Budget. Pages H3405–06 FEDERAL FOOD INSPECTION PROGRAM;
Quorum Calls—Votes: Two yea-and-nay votes de- COMMITTEE BUSINESS
veloped during the proceedings of the House today, Committee on Government Reform: Subcommittee on
and 5 Recorded votes developed during the pro- Federal Workforce and Agency Organization ap-
ceedings of the House today and appear on pages proved for full Committee action the following bills:
H3345, H3346, H3402, H3402–03, H3403, H.R. 994, To amend the Internal Revenue Code of
H3404, and H3404–05. There were no quorum 1986 to allow Federal civilian and military retirees
calls. to pay health insurance premiums on a pretax basis
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May 17, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D499
and to allow a deduction for TRICARE supple- for the Department of Homeland Security, and for
mental premiums; H.R. 1283, To provide that tran- other purposes. The rule provides for one hour of
sit pass transportation fringe benefits be made avail- general debate equally divided and controlled by the
able to all qualified Federal employees in the Na- chairman and ranking minority member of the Com-
tional Capital Region; to allow passenger carriers mittee on Homeland Security. The rule waives all
which are owned or leased by the Government to be points of order against consideration of the bill. The
used to transport Government employees between rule provides that in lieu of the amendments rec-
their place of employment and mass transit facilities; ommended by the Committees of Homeland Secu-
and H.R. 1765, Generating Opportunity by For- rity, Energy and Commerce, and the Judiciary now
giving Educational Debt for Service Act of 2005. printed in the bill, the amendment in the nature of
The Subcommittee also held a hearing entitled a substitute printed in part A of the Rules Com-
‘‘Question: What Is More Scrambled Than an Egg? mittee report shall be considered as the original bill
Answer: the Federal Food Inspection Program.’’ Tes-
timony was heard from Robert A. Robinson, Man- for the purpose of amendment and shall be consid-
aging Director, Natural Resources and Environment, ered as read. The rule waives all points of order
GAO; Robert E. Brackett, Director, Center for Food against the amendment in the nature of a substitute
Safety and Applied Nutrition, FDA, Department of printed in part A of the Rules Committee report.
Health and Human Services; Merle Pierson, Acting The rule makes in order only those amendments
Under Secretary, Food Safety, USDA; Jim Jones, Di- printed in part B of the Rules Committee report,
rector, Pesticide Programs, EPA; and Richard V. which may be offered only in the order printed in
Cano, Acting Director, Seafood Inspection Program, the report, may be offered only by a Member des-
National Marine Fisheries Service, NOAA, Depart- ignated in the report, shall be considered as read,
ment of Commerce. shall be debatable for the time specified in the re-
MIDDLE EAST—FOSTERING DEMOCRACY port equally divided and controlled by the proponent
and an opponent, and shall not be subject to amend-
Committee on Government Reform: Subcommittee on ment or demand for division of the question in the
National Security, Emerging Threats and Inter- House or in the Committee of the Whole. The rule
national Relations held a hearing entitled ‘‘Fostering waives all points of order against the amendments
Democracy in the Middle East: Defeating Terrorism printed in part B of the Rules Committee report. Fi-
with Ballots?’’ Testimony was heard from Mona nally, the rule provides one motion to recommit
Yacoubian, Special Adviser, Muslim World Initia-
tive, United States Institute of Peace; and public with or without instructions. Testimony was heard
witnesses. from Chairman Cox, Representatives Shays, Souder,
Ehlers, Manzullo, Kennedy of Minnesota, Wamp,
OVERSIGHT—INTELLECTUAL PROPERTY Thompson of Mississippi, Loretta Sanchez of Cali-
THEFT IN CHINA fornia, Markey, Lowey, Norton, Jackson-Lee of
Committee on the Judiciary: Subcommittee on Courts, Texas, Meek of Florida, Oberstar, Costello, Slaugh-
the Internet, and Intellectual Property held an over- ter, Engel, Waters, Eddie Bernice Johnson of Texas,
sight hearing on Intellectual Property Theft in Maloney, Menendez, Stupak, Cummings, Kennedy of
China. Testimony was heard from Victoria Espinel, Rhode Island, Ford, Inslee, McCarthy of New York,
Acting Assistant, U.S. Trade for Intellectual Prop- Reyes, Israel, Lynch, Ruppersberger, Barrow, and
erty; and public witnesses. Higgins.
OVERSIGHT—INTELLECTUAL PROPERTY
THEFT IN RUSSIA MISCELLANEOUS MEASURES
Committee on the Judiciary: Subcommittee on Courts, Committee on Science: Ordered reported the following
Internet, and Intellectual Property also held an over- bills: H.R. 50, amended, National Oceanic and At-
sight hearing on Intellectual Property Theft in Rus- mospheric Administration Act; H.R. 2364, amend-
sia. Testimony was heard from Victoria Espinel, Act- ed, to establish a Science and Technology Scholarship
ing Assistant, U.S. Trade Representative for Intellec- Program to award scholarships to recruit and prepare
tual Property; and public witnesses. students for careers in the National Weather Service
DEPARTMENT OF HOMELAND SECURITY and in Administration marine research, atmospheric
AUTHORIZATION ACT FOR FY 2006 research and satellite programs; H.R. 426, amended,
Remote Sensing Applications Act of 2005; and H.R.
Committee on Rules: Granted, by voice vote, a struc-
tured rule providing for the consideration of H.R. 1022, George E. Brown, Jr. Near-Earth Object Sur-
1817, to authorize appropriations for fiscal year 2006 vey Act.
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May 17, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D501
forces from Lebanon, support for free and fair democratic from the United States; H.R. 873, Northern Marianas
elections in Lebanon, and the development of democratic Delegate Act; H.R. 975, Trail Responsibility and Ac-
institutions and safeguards to foster sovereign democratic countability for the Improvement of Lands Act; H.R.
rule in Lebanon; a resolution Expressing the sense of the 1084, To authorize the establishment at Antietam Na-
House of Representatives regarding anti-Semitism at the tional Battlefield of a memorial to the officers and en-
United Nations; and a resolution Welcoming His Excel- listed men of the Fifth, Sixth, and Ninth New Hamp-
lency Hamid Karzai, the President of Afghanistan, on the shire Volunteer Infantry Regiments and the First New
occasion of his visit to the United States in May 2005, Hampshire Light Artillery Battery who fought in the
and expressing support for a strong and enduring stra- Battle of Antietam on September 17, 1862; H.R. 1428,
tegic partnership between the United States and Afghani- National Fish and Wildlife Foundation Reauthorization
stan, 9:30 a.m., 2172 Rayburn. Act of 2005; H.R. 1492, To provide for the preservation
Committee on the Judiciary, to mark up the following of the historic confinement sites where Japanese Ameri-
bills: H.R. 742, Occupational Safety and Health Em- cans were detained during World War II; H.R. 1797,
ployer Access to Justice Act of 2005; H.R. 2293, To pro- Spokane Tribe of Indians of the Spokane Reservation
vide special immigrant status for aliens as translators with Grand Coulee Dam Equitable Compensation Settlement
the United States Armed Forces; to continue mark up of Act; H.R. 1905, Small Tracts Reform Act; H.R. 2130,
H.R. 800, Protection of Lawful Commerce in Arms Act; Marine Mammal Protection Act Amendments of 2005;
and to markup the following bills: H.R. 554, Personal and the National Geologic Mapping Reauthorization Act
Responsibility in Food Consumption Act; H.R. 420, of 2005, 10 a.m., 1324 Longworth,
Lawsuit Abuse Reduction Act of 2005; and H.R. 744,
Internet Spyware Prevention (I–SPY) Act of 2005, 10 Committee on Science, Subcommittee on Research, hearing
a.m., 2141 Rayburn. on The National Nanotechnology Initiative: Review and
Committee on Resources, to mark up the following meas- Outlook, 10 a.m., 2318 Rayburn.
ures H.R. 38, Upper White Salmon Wild and Scenic Committee on Transportation and Infrastructure, to consider
Rivers Act; H.R. 125, To authorize the Secretary of the the following: GSA 3314 (b) Resolutions; H. Con. Res.
Interior to construct facilities to provide water for irriga- 145, Expressing the sense of Congress in support of a na-
tion, municipal, domestic, military, and other uses from tional bike month and in appreciation of cyclists and oth-
the Santa Margarita River, California; H.R. 362, Ojito ers for promoting bicycle safety and the benefits of cy-
Wilderness Act; H.R. 394, To direct the Secretary of the cling; H. Res. 243, Recognizing the Coast Guard, the
Interior to conduct a boundary study to evaluate the sig- Coast Guard Auxiliary, and the National Safe Boating
nificance of the Colonel James Barrett Farm in the Com- Council for their efforts to promote National Safe Boating
monwealth of Massachusetts and the suitability and feasi- Week; H.R. 624, To amend the Federal Water Pollution
bility of its inclusion in the National Park System as Control Act to authorize appropriations for sewer over-
apart of the Minuteman National Historical Park; H.R. flow control grants; H.R. 889, Coast Guard and Maritime
432, Betty Dick Residence Protection Act; H.R. 481, Transportation Act of 2005; and H.R. 1359, To amend
Sand Creek Massacre National Historic Site Establish- the Federal Water Pollution Control Act to extend the
ment Act of 2005; H.R. 517, Secure Rural Schools and pilot program for alternative water source projects, 11
Community Self-Determination Reauthorization Act of a.m., 2167 Rayburn.
2005; H.R. 539, Caribbean National Forest Act of 2005; Committee on Veterans’ Affairs, Subcommittee on Health,
H.R. 599, Federal Lands Restoration, Enhancement, Pub- oversight hearing on the use and development of tele-
lic Education, and Information Resources Act of 2005; medicine technologies in the Department of Veterans Af-
H.R. 774, Rocky Mountain National Park Boundary Ad- fairs health care system, 10 a.m., 334 Cannon.
justment Act of 2005; H.R. 853, To remove certain re- Committee on Ways and Means, Subcommittee on
strictions on the Mammoth Community Water District’s Human Resources, hearing on Protections for Foster Chil-
ability to use certain property acquired by that District dren Enrolled in Clinical Trials, 2 p.m., B–318 Rayburn.
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Congressional Record
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