[Congressional Record Volume 148, Number 107 (Wednesday, July 31, 2002)]
[Daily Digest]
[Pages D858-D862]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                           Wednesday, July 31, 2002

[[Page D858]]

                              Daily Digest


HIGHLIGHTS

      Senate agreed to S. 812, Greater Access to Affordable 
      Pharmaceuticals Act.


                                 Senate


Chamber Action
Routine Proceedings, pages S7617-S7766
Measures Introduced: Seven bills and three resolutions were introduced, 
as follows: S. 2827-2833, and S. Res. 312-314.
  Page S7744
Measures Reported:
  S. 2132, to amend title 38, United States Code, to provide for the 
establishment of medical emergency preparedness centers in the Veterans 
Health Administration, to provide for the enhancement of the medical 
research activities of the Department of Veterans Affairs, with an 
amendment in the nature of a substitute. (S. Rept. No. 107-229)
  S. 2734, to provide emergency assistance to non-farm small business 
concerns that have suffered economic harm from the devastating effects 
of drought, with an amendment in the nature of a substitute. (S. Rept. 
No. 107-230)
  H.R. 486, for the relief of Barbara Makuch.
  H.R. 487, for the relief of Eugene Makuch.
  H.R. 3892, to amend title 28, United States Code, to make certain 
modifications in the judicial discipline procedures, with an amendment 
in the nature of a substitute.
  S. 2713, to amend title 28, United States Code, to make certain 
modifications in the judicial discipline procedures.
Page S7742
Measures Passed:
Greater Access to Affordable Pharmaceuticals Act: By 78 yeas to 21 nays 
(Vote No. 201), Senate passed S. 812, to amend the Federal Food, Drug, 
and Cosmetic Act to provide greater access to affordable 
pharmaceuticals, after agreeing to the following amendment proposed 
thereto:
  Pages S7618-51
  Reid (for Dorgan) Amendment No. 4299, to permit commercial 
importation of prescription drugs from Canada, as amended. (By 
unanimous consent, the pending cloture motion on the amendment was 
withdrawn.)
Pages S7618-33
  During consideration of this measure today, Senate also took the 
following actions:
  By 49 yeas to 50 nays (Vote No. 199), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
failed to approve the motion to waive the Congressional Budget Act of 
1974 with respect to Graham Amendment No. 4345 (to Amendment No. 4299), 
to amend title XVIII of the Social Security Act to provide protection 
for all Medicare beneficiaries against the cost of prescription drugs. 
Subsequently, the point of order that the amendment violates section 
302(f) of the Congressional Budget Act of 1974 was sustained, and the 
amendment thus fell.
Pages S7618-33
  By 66 yeas to 33 nays (Vote No. 200), three-fifths of those Senators 
duly chosen and sworn, having voted in the affirmative, Senate agreed 
to the motion to close further debate on the bill.
Pages S7633-34
Department of Defense Appropriations Act: Senate began consideration of 
H.R. 5010, making appropriations for the Department of Defense for the 
fiscal year ending September 30, 2003, taking action on the following 
amendments proposed thereto:
  Pages S7656-S7705, S7709-28
Adopted:
  Inouye (for Allen) Amendment No. 4373, to make available from amounts 
available for the Air Force for research, development, test, and 
evaluation $5,000,000 for the Variable Flow Ducted Rocket propulsion 
system (PE063216F).
Pages S7687-88
  Inouye (for Breaux) Amendment No. 4374, to set aside funding under 
RDT&E, Navy, for the Human Resource Enterprise Strategy at the Space 
and Naval Warfare Information Technology Center.
Pages S7687-88

[[Page D859]]


  Inouye (for Bennett) Amendment No. 4375, to set aside from amounts 
available from H.R. 4775 to settle the taking of property adjacent to 
the Army Tooele Depot, Utah.
Pages S7687-88
  Inouye (for Cleland) Amendment No. 4376, to make available from 
amounts available for Defense-Wide research, development, test, and 
evaluation, $3,000,000 for execution of the ferrite diminishing 
manufacturing program by the Defense Micro-Electronics Activity. 
                                                         Pages S7687-88
  Inouye (for Collins) Amendment No. 4377, to set aside from amounts 
available for the Navy for research, development, test, and evaluation, 
$2,000,000 for Structural Reliability of FRP Composites (PE0602123N). 
                                                         Pages S7687-88
  Inouye (for Conrad) Amendment No. 4378, to set aside from amounts 
available for the Army for research, development, test, and evaluation, 
$5,000,000 for the Medical Vanguard Project to expand the clinical 
trial of the Internet-based diabetes managements system under that 
project.
Pages S7687-88
  Inouye (for Dayton) Amendment No. 4379, to make available from 
amounts available for the Army for operation and maintenance, 
$3,700,000 for Live Fire Range Upgrades.
Pages S7687-88
  Inouye (for DeWine) Amendment No. 4380, to set aside funding under 
RDT&E, Army, for materials joining for Army weapon systems. 
                                                         Pages S7687-88
  Inouye (for Ensign) Amendment No. 4381, to make available from 
amounts available to the Army for other procurement $500,000 for PRC-
117F SATCOM backpack radios.
Pages S7687-88
  Inouye (for Frist/Thompson) Amendment No. 4382, to make available 
from amounts available to the Army, up to $5,000,000 may be used for 
Expandable Light Air Mobility Shelters (ELAMS).
Pages S7687-88
  Inouye (for Kyl) Amendment No. 4383, to set aside from amounts 
available for the Navy for research, development, test, and evaluation 
for Extended Range Anti-Air Warfare.
Pages S7687-88
  Inouye (for Santorum/Specter) Amendment No. 4384, to set aside from 
amounts available for the Army Reserve for operation and maintenance 
$3,000,000 for Land Forces Readiness for Information Operations 
Sustainment.
Pages S7687-88
  Inouye (for Santorum/Specter) Amendment No. 4385, to set aside from 
amounts available for the Air Force for research, development, test, 
and evaluation $1,000,000 for Space and Missile Operations for the 
Civil Reserve Space Service (CRSS) initiative.
Pages S7687-88
  Inouye (for Voinovich/DeWine) Amendment No. 4386, to set aside 
funding under RDT&E, Air Force, for the Viable Combat Avionics 
Initiative of the Air Force.
Pages S7687-88
  Inouye (for Bingaman) Amendment No. 4400, to set aside from amounts 
available for the Air Force for research, development, test, and 
evaluation for Major T&E Investment (PE0604759F), $2,500,000 for the 
Maglev upgrade program.
Pages S7688-89
  Inouye (for Dorgan) Amendment No. 4401, to provide funds for the 
Chameleon Miniaturized Wireless System.
Pages S7688-89
  Inouye (for Murray) Amendment No. 4402, to make available from 
amounts available for the Army for research, development, test, and 
evaluation, $9,000,000 for continuing design and fabrication of the 
industrial short pulse laser development-femtosecond laser. 
                                                         Pages S7688-89
  Inouye (for Reid) Amendment No. 4403, to make available from amounts 
available to the Navy for research, development, test, and evaluation 
$4,000,000 for Marine Corps program wide support (PE0605873M) for 
chemical and biological consequence management for continuing 
biological and chemical decontamination technology research for the 
United States Marine Corps Systems Command on a biological 
decontamination technology that uses electro-chemically activated 
solution (ECASOL).
Pages S7688-89
  Stevens (for Warner) Amendment No. 4404, to require a preliminary 
engineering study and environmental analysis of establishing a 
connector road between United States Route 1 and Telegraph Road in the 
vicinity of Fort Belvoir, Virginia, and to earmark $5,000,000 for the 
Army for operation and maintenance for that preliminary study and 
analysis.
Pages S7688-89
  Inouye (for Dodd) Amendment No. 4405, to make available from amounts 
available for the Army for research, development, test, and evaluation 
$5,000,000 for research on miniature and micro fuel cell systems. 
                                                         Pages S7688-89
  Stevens (for Nickles) Amendment No. 4406, to make available from 
amounts available for research, development, test, and evaluation, 
defense-wide $3,000,000 for the Supercritical Water Systems Explosives 
Demilitarization Technology.
Pages S7688-89
  Stevens (for Roberts) Amendment No. 4407, to appropriate, with an 
offset, $1,000,000 for research, analysis, and assessment of federal, 
state, and local efforts to counter potential agroterrorist attacks. 
                                                         Pages S7688-89
  Inouye Amendment No. 4408, to make a technical correction to the 
supplemental appropriation for fiscal year 2002 (H.R. 4775). 
                                                         Pages S7688-89
  Stevens (for Collins) Amendment No. 4409, to provide for the 
transition of the naval base on

[[Page D860]]

Schoodic Peninsula, Maine, to utilization as a research and education 
center for Acadia National Park.
Pages S7688-89
  Inouye (for Carper) Amendment No. 4410, to make available from 
amounts available for the Navy for research, development, test, and 
evaluation $8,000,000 for the Integrated Biological Warfare Technology 
Platform.
Pages S7688-89
  Inouye (for Biden) Amendment No. 4411, to make available from amounts 
available for the Army for research, development, test, and evaluation 
$5,000,000 for the Rotary, Multi-Fuel, Auxiliary Power Unit. 
                                                         Pages S7688-89
  Reid (for Wellstone) Amendment No. 4412 (to Amendment No.4364), of a 
perfecting nature.
Pages S7690-S7700
  Subsequently, the adoption of the amendment was vitiated and the 
amendment was withdrawn.
Page S7700
  Wellstone Amendment No. 4364, to prohibit the use of funds made 
available in this Act for payment on any new contract to any corporate 
expatriate.
Pages S7686-87, S7689-S7700
  Inouye (for Akaka) Amendment No. 4422, to set aside $6,000,000 of 
operation and maintenance, Navy, funds for Servicewide Communications 
for the Critical Infrastructure Protection Program.
Pages S7700-02
  Inouye (for Clinton) Amendment No. 4423, to make available from 
amounts available for the Air Force for operation and maintenance 
$500,000 for a contribution to the renovation of Hangar Building 101 at 
former Griffiss Air Force Base, New York, in order to facilitate the 
reuse of the building for economic development purposes. 
                                                         Pages S7700-02
  Stevens (for Inhofe) Amendment No. 4424, to make available from 
amounts available for Defense-Wide research, development, test, and 
evaluation $8,000,000 for the Maintainers Remote Logistics Network. 
                                                         Pages S7700-02
  Inouye (for Feinstein) Amendment No. 4425, to make available from 
amounts available for the Navy for research, development, test, and 
evaluation $5,000,00 for the Integrated Chemical Biological Warfare 
Agent Detector Chip.
Pages S7700-02
  Stevens (for Hutchison) Amendment No. 4426, to make available from 
amounts available for Air Force research and development $1,000,000 for 
research on nanoenergetic materials.
Pages S7700-02
  Stevens (for Thompson/Frist) Amendment No. 4427, to make available 
from amounts available for the Army National Guard for operation and 
maintenance $2,000,000 for the Communicator emergency notification 
system.
Pages S7700-02
  Inouye (for Landrieu) Amendment No. 4428, to authorize a grant of 
$5,000,000 to the National D-Day Museum.
Pages S7700-02
  Inouye (for Nelson (FL)) Amendment No. 4429, to make available from 
amounts available for the Navy for research, development, test, and 
evaluation $6,000,000 for the Center for Advanced Power Systems. 
                                                         Pages S7700-02
  Stevens (for Bunning) Amendment No. 4430, to allow the Department of 
Defense to obligate funds to secure its sensitive and classified 
materials to further enhance the national security of the United 
States.
Pages S7700-02
  Inouye (for Kennedy) Amendment No. 4431, to make available from the 
National Defense Sealift Fund $10,000,000 for implementing the 
recommendations resulting from the Navy's Non-Self Deployable 
Watercraft (NDSW) Study and the Joint Chiefs of Staff Focused Logistics 
Study to determine the requirements of the Navy for providing lift 
support for mine warfare ships and other vessels.
Pages S7700-02
  Inouye (for Carnahan) Amendment No. 4432, to set aside from amounts 
available for the Air National Guard for operation and maintenance 
$350,000 for medical equipment.
Pages S7700-02
  Stevens (for Smith (OR)) Amendment No. 4433, to make available from 
amounts available for the Navy for research, development, test, and 
evaluation $8,000,000 for the Sealion Technology Demonstration program.
                                                         Pages S7700-02
  Stevens (for Craig) Amendment No. 4434, to provide for standardized 
digitizing, conversion, indexing, and formatting of captured foreign 
documentary materials.
Pages S7700-02
  Stevens (for Grassley) Amendment No. 4388, to provide for the 
designation of a Medal of Honor Flag and for presentation of that flag 
to recipients of the Medal of Honor.
Pages S7700-02
  Lugar Amendment No. 4435, to authorize the waiver of the prohibition 
on the use of Cooperative Threat Reduction funds for chemical weapons 
destruction.
Pages S7702-05
  McCain Amendment No. 4443, to remove the waiting period in the 
limitation on use of funds for conversion of the 939th Combat Search 
and Rescue Wing.
Page S7705
  McCain Amendment No. 4444, to prohibit the use of funds for leasing 
of transport/VIP aircraft under any contract not entered into pursuant 
to full and open competition.
Page S7709
  Wellstone Amendment No. 4447, to set aside Defense-wide operation and 
maintenance funds for review and mitigation of domestic violence 
involving Department of Defense personnel.
Pages S7718-19

[[Page D861]]


  Byrd/Grassley Amendment No. 4448, to provide certain requirements and 
limitations regarding the use of government purchase charge cards and 
government travel charge cards by Department of Defense personnel. 
                                                         Pages S7719-21
  Stevens (for Nickles) Amendment No. 4454, to make available from 
amounts available for the Air Force operations and maintenance 
$2,000,000 for the Aircraft Repair Enhancement Program at the Oklahoma 
City Air Logistics Center.
Page S8821
  Inouye (for Miller) Amendment No. 4455, to make available from 
amounts available for the Navy for research, development, test, and 
evaluation, $1,300,000 for Trouble Reports Information Data Warehouse. 
                                                         Pages S7721-22
  Stevens (for Snowe) Amendment No. 4456, to set aside Navy operation 
and maintenance funds for the Navy Pilot Human Resources Call Center, 
Cutler, Maine.
Pages S7721-22
  Inouye (for Nelson (FL)/Graham) Amendment No. 4457, to make available 
from amounts available for Defense-Wide research, development, test, 
and evaluation $2,170,000 for the Nanophotonic Systems Fabrication 
Facility.
Pages S7721-22
  Stevens (for Snowe/Sessions) Amendment No. 4458, to make available 
for Defense-Wide research, development, test, and evaluation $5,000,000 
for small kill vehicle technology development (PE0603175C) for mid-
course phase ballistic missile defense.
Pages S7721-22
  Stevens (for Warner) Amendment No. 4459, to make available 
$10,000,000 for the Common Affordable Radar Processing program under 
Title IV, Research, Development, Test and Evaluation.
Pages S7721-22
  Inouye (for Boxer) Amendment No. 4460, to provide additional 
resources to the Family Advocacy Program at the Department of Defense. 
                                                         Pages S7721-22
  Inouye (for Torricelli/Corzine) Amendment No. 4461, to make available 
from amounts available for the Navy for operation and maintenance 
$2,500,000 for the disposal of materials dredged from Reach A at Earle 
Naval Weapons Station, New Jersey.
Pages S7721-22
  Stevens Amendment No. 4462, to provide that the Commander in Chief of 
the U.S. European Command shall submit a plan to the congressional 
defense committees that provides for the refurbishment and re-engining 
of the NATO AWACS aircraft fleet.
Pages S7721-22
  Inouye (for Hollings) Amendment No. 4463, to require the transfer of 
administrative jurisdiction over the portion of former Charleston Naval 
Base, South Carolina, comprising a law enforcement training facility of 
the Department of Justice.
Page S7722
  Inouye (for Harkin) Amendment No. 4464, to make available from 
amounts available for the Defense Health Program for the Uniformed 
Services University of the Health Sciences Center (USUHS) $2,000,000 
for Complementary and Alternative Medicine Research for Military 
Operations and Healthcare (MILCAM).
Page S7722
  Stevens (for Allard) Amendment No. 4465, to set aside up to 
$30,000,000 for the acquisition of commercial imagery, imagery 
products, and service from United States commercial sources of 
satellite-based remote sensing entities.
Page S7722
  Inouye (for Hutchinson) Amendment No. 4466, to set aside $9,000,000 
for RDT&E, Defense-wide, for a Department of Defense facility for the 
production of vaccines for protecting members of the Armed Forces 
against the effect of use of biological warfare agents. 
                                                         Pages S7722-23
Pending:
  McCain Amendment No. 4445, to require authorization of 
appropriations, as well as appropriations, for leasing of transport/VIP 
aircraft.
Page S7709-17, S7726
  Motion to table McCain Amendment No. 4445, listed above.
Page S7726
  A unanimous-consent-time agreement was reached providing for further 
consideration of the bill at 2 p.m., on Thursday, August 1, 2002; that 
there be 50 minutes remaining for debate; that the only first degree 
amendments in order be McCain Amendment No. 4445, listed above, and the 
committee reported substitute; that there be 10 minutes of debate with 
respect to the McCain amendment, followed by a vote in relation to the 
amendment; that if the McCain amendment is not tabled, then relevant 
second degree amendments would be in order to the McCain amendment; 
that upon disposition of the McCain amendment, the Committee-reported 
substitute as amended, be agreed to, the bill then be read a third 
time, and the Senate then vote on passage of the bill; that the Senate 
insist on its amendment, request a conference with the House thereon, 
and the Chair be authorized to appoint conferees on the part of the 
Senate.
Page S7726
Homeland Security Act: Senate began consideration of the motion to 
proceed to consideration of H.R. 5005, to establish the Department of 
Homeland Security.
  Page S7766
  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 cloture vote may occur 
on Friday, August 2, 2002.
Page S7766
  Subsequently, the motion to proceed was withdrawn.
Page S7766

[[Page D862]]

Executive Reports of Committees: Senate received the following 
executive report of a committee:
  Report to accompany Treaty With Niue On Delimitation Of A Maritime 
Boundary (Treaty Doc. 105-53) (Ex. Rept. 107-5)
Pages S7763-64
Removal of Injunction of Secrecy: The injunction of secrecy was removed 
from the following protocol:
  Protocol to Amend Convention for Unification of Certain Rules 
Relating to International Carriage by Air (Treaty Doc. No. 107-14).
  The protocol was transmitted to the Senate today, considered as 
having been read for the first time, and referred, with accompanying 
papers, to the Committee on Foreign Relations and ordered to be 
printed.
Page S7766
Andean Trade Promotion and Drug Eradication Act Agreement Conference 
Report: A unanimous-consent-time agreement was reached providing for 
further consideration of the conference report on H.R. 3009, to extend 
the Andean Trade Preference Act, and to grant additional trade benefits 
under that Act, at 9:30 a.m., on Thursday, August 1, 2002, and that at 
10:30 a.m., the Senate vote on the motion to close further debate on 
the conference report.
  Page S7705
Nominations Confirmed: Senate confirmed the following nominations:
  By 64 yeas 35 nays (Vote No. 202), D. Brooks Smith, of Pennsylvania, 
to be United States Circuit Judge for the Third Circuit. 
                                               Pages S7651-56, S7706-08
  Ben S. Bernanke, of New Jersey, to be a Member of the Board of 
Governors of the Federal Reserve System for the unexpired term of 
fourteen years from February 1, 1990.
  Donald L. Kohn, of Virginia, to be a Member of the Board of Governors 
of the Federal Reserve System for a term of fourteen years from 
February 1, 2002.
  3 Air Force nominations in the rank of general.
  8 Army nominations in the rank of general.
  10 Marine Corps nominations in the rank of general.
  10 Navy nominations in the rank of admiral.
  Routine lists in the Air Force, Army, Coast Guard, Marine Corps, 
Navy.
Pages S7706-08
Nominations Received: Senate received the following nominations:
  Nancy P. Jacklin, of New York, to be United States Executive Director 
of the International Monetary Fund for a term of two years.
  D. Jeffrey Hirschberg, of Wisconsin, to be a Member of the 
Broadcasting Board of Governors for a term expiring August 13, 2004.
  1 Army nomination in the rank of general.
  Routine lists in the Air Force, Army, Navy.
Pages S7705-06
Executive Communications:
  Pages S7740-42
Executive Reports of Committees:
  Pages S7742-44
Additional Cosponsors:
  Pages S7744-45
Statements on Introduced Bills/Resolutions:
  Pages S7745-48
Additional Statements:
  Pages S7735-40
Amendments Submitted:
  Pages S7748-61
Notices of Hearings/Meetings:
  Page S7761
Authority for Committees to Meet:
  Pages S7761-62
Privilege of the Floor:
  Pages S7762-63
Record Votes: Four record votes were taken today. (Total--202) 
                                       Pages S7633, S7634, S7651, S7656
Adjournment: Senate met at 9:30 a.m., and adjourned at 8:27 p.m., until 
9:30 a.m., on Thursday, August 1, 2002.