[Congressional Record Volume 148, Number 147 (Thursday, November 14, 2002)]
[Daily Digest]
[Pages D1148-D1153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                        Thursday, November 14, 2002

[[Page D1148]]

                              Daily Digest


HIGHLIGHTS

      Senate agreed to the conference report on S. 1214, Port and 
      Maritime Security Act.
      The House passed H.R. 5708, to reduce preexisting PAGO balances.
      The House agreed to Senate amendments with amendments to H.R. 
      5063, to extend Temporary Assistance for Needy Families (TANF) 
      and Temporary Extended Unemployment Compensation.
      The House agreed to the conference report to accompany H.R. 3210, 
      Terrorism Risk Insurance Act.
      The House agreed to the conference report to accompany S. 1214, 
      Port and Maritime Security Act clearing the measure for the 
      President.
      The House agreed to the conference report to accompany H.R. 4628, 
      Intellignece Authorization Act.
      The House agreed to the Senate amendment to H.R. 333, Bankruptcy 
      Reform Act, with an amendment.


                                 Senate


Chamber Action
Routine Proceedings, pages S10973-S11160
Measures Introduced: Fourteen bills and three resolutions were 
introduced, as follows: S. 3156-3169, S.J. Res. 53, and S. Res. 356-
357.
  Page S11079
Measures Reported:
  H.R. 3180, to consent to certain amendments to the New Hampshire-
Vermont Interstate School Compact.
  H.R. 3988, to amend title 36, United States Code, to clarify the 
requirements for eligibility in the American Legion.
  S. 1655, to amend title 18, United States Code, to prohibit certain 
interstate conduct relating to exotic animals, with an amendment in the 
nature of a substitute.
  S. 2480, to amend title 18, United States Code, to exempt qualified 
current and former law enforcement officers from state laws prohibiting 
the carrying of concealed handguns, with amendments.
  S. 2520, to amend title 18, United States Code, with respect to the 
sexual exploitation of children, with an amendment in the nature of a 
substitute.
  S. 2541, to amend title 18, Unites States Code, to establish 
penalties for aggravated identity theft.
  S. 2934, to amend title 36, United States Code, to clarify the 
requirements for eligibility in the American Legion.
  S. Con. Res. 94, expressing the sense of Congress that public 
awareness and education about the importance of health care coverage is 
of the utmost priority and that a National Importance of Health Care 
Coverage Month should be established to promote that awareness and 
education.
Pages S11078-79
Measures Passed:
  Wellstone Community Center: Senate passed S. 3156, to provide a grant 
for the construction of a new community center in St. Paul, Minnesota, 
in honor of the late Senator Paul Wellstone and his beloved wife, 
Sheila.
  Pages S11000-01
  Restore Your Identity Act: Senate passed S. 1742, to prevent the 
crime of identity theft, and mitigate the harm to individuals 
victimized by identity theft, after agreeing to a committee amendment 
in the nature of a substitute, and the following amendment proposed 
thereto:
  Pages S11052-56
  Reid (for Cantwell) Amendment No. 4954, in the nature of a 
substitute.
Page S11056

[[Page D1149]]

  Unemployment Compensation Extension: Senate passed H.R. 3529, to 
provide tax incentives for economic recovery and assistance to 
displaced workers, after agreeing to the following amendment proposed 
thereto:
  Pages S11060-61
  Clinton Amendment No. 4960, in the nature of a substitute. 
                                                            Page S11060
  Webcasting Licensing: Senate passed H.R. 5469, to amend title 17, 
United States Code, with respect to the statutory license for 
webcasting, after agreeing to the following amendment proposed thereto:
                                                        Pages S11138-39
  Reid (for Helms) Amendment No. 4955, in the nature of a substitute. 
                                                            Page S11139
  Afghanistan Freedom Support Act: Senate passed S. 2712, to authorize 
economic and democratic development assistance for Afghanistan and to 
authorize military assistance for Afghanistan and certain other foreign 
countries, after agreeing to a committee amendment in the nature of a 
substitute, and the following amendment proposed thereto: 
                                                        Pages S11139-47
  Reid (for Hagel) Amendment No. 4956, to make managers' amendments. 
                                                            Page S11147
  National Day of Prayer and Fasting: Senate agreed to S. Con. Res. 
155, affirming the importance of a national day of prayer and fasting, 
and expressing the sense of Congress that November 27, 2002, should be 
designated as a national day of prayer and fasting.
  Page S11147
  American Legion Eligibility: Senate passed S. 2934, to amend title 
36, United States Code, to clarify the requirements for eligibility in 
the American Legion.
  Page S11147
  American Legion Eligibility: Senate passed H.R. 3988, to amend title 
36, United States Code, to clarify the requirements for eligibility in 
the American Legion.
  Pages S11147-48
  Senate Compensation: Senate agreed to S. Res. 356, paying a gratuity 
to Trudy Lapie
  Page S11148
  Armed Forces Domestic Security Act: Senate passed H.R. 5590, to amend 
title 10, United States Code, to provide for the enforcement and 
effectiveness of civilian orders of protection on military 
installations, clearing the measure for the President.
  Page S11148
  Relative to 108th Congress: Senate agreed to S.J. Res. 53, relative 
to the convening of the first session of the One Hundred Eighth 
Congress.
  Page S11148
  Printing Authorization: Senate passed H. Con. Res 487, authorizing 
the printing as a House document of a volume consisting of the 
transcripts of the ceremonial meeting of the House of Representatives 
and Senate in New York on September 6, 2002, and a collection of 
statements by Members of the House of Representatives and Senate from 
the Congressional Record on the terrorist attacks of September 11, 
2001.
  Page S11148
  Commending Anaheim Angels: Senate agreed to S. Res. 357, commending 
and congratulating the Anaheim Angels for their remarkable spirit, 
resilience, and athletic discipline in winning the 2002 World Series. 
                                                        Pages S11148-49
  Health Care Coverage: Senate agreed to S. Con. Res. 94, expressing 
the sense of Congress that public awareness and education about the 
importance of health care coverage is of the utmost priority and that a 
National Importance of Health Care Coverage Month should be established 
to promote that awareness and education.
  Page S11149
  Private Relief: Senate passed H.R. 3758, for the relief of So Hyun 
Jun, clearing the measure for the President.
  Pages S11149-50
  Prosecutorial Remedies and Tools Against the Exploitation of Children 
Today Act: Senate passed S. 2520, to amend title 18, United States 
Code, with respect to the sexual exploitation of children, after 
agreeing to a committee amendment in the nature of a substitute. 
                                                        Pages S11150-53
  Commending Sail Boston/Maritime Heritage of Nations: Committee on 
Commerce, Science, and Transportation was discharged from further 
consideration of S.J. Res. 42, commending Sail Boston for its 
continuing advancement of the maritime heritage of nations, its 
commemoration of the nautical history of the United States, and its 
promotion, encouragement, and support of young cadets through training, 
and the resolution was then passed.
  Page S11153
  Wireless Telecommunication Alternatives: Committee on Commerce, 
Science, and Transportation was discharged from further consideration 
of S. 2869, to facilitate the ability of certain spectrum auction 
winners to pursue alternative measures required in the public interest 
to meet the needs of wireless telecommunications consumers, and the 
bill was then passed, after agreeing to the following amendment 
proposed thereto:
  Pages S11153-54
  Reid (for Kerry) Amendment No. 4957, in the nature of a substitute. 
                                                        Pages S11153-54
  Dam Safety and Security Act: Senate passed H.R. 4727, to reauthorize 
the national dam safety program, clearing the measure for the 
President.
  Page S11154

[[Page D1150]]

  North American Wetlands Conservation Reauthorization Act:  Senate 
passed H.R. 3908, to reauthorize the North American Wetlands 
Conservation Act, after agreeing to committee amendments. 
                                                        Pages S11154-55
  NSF Authorization: Committee on Health, Education, Labor and Pensions 
was discharged from further consideration of H.R. 4664, to authorize 
appropriations for fiscal years, 2003, 2004, 2005, 2006, and 2007 for 
the National Science Foundation, and the bill was then passed, after 
agreeing to the following amendments proposed thereto: 
                                                        Pages S11155-59
  Reid (for Kennedy) Amendment No. 4958, in the nature of a substitute.
                                                            Page S11159
  Reid (for Kennedy) Amendment No. 4959, to amend the title. 
                                                            Page S11159
  Armed Forces Tax Fairness Act: Senate passed H.R. 5557, to amend the 
Internal Revenue Code of 1986 to provide a special rule for members of 
uniformed services and Foreign Service in determining the exclusion of 
gain from the sale of a principal residence and to restore the tax 
exempt status of death gratuity payments to members of the uniformed 
services, after agreeing to the following amendment proposed thereto: 
                                                        Pages S11159-60
  Reid (for Baucus) Amendment No. 4961, to provide additional tax 
equity for military personnel.
Pages S11159-60
Homeland Security Act: Senate continued consideration of H.R. 5005, to 
establish the Department of Homeland Security, taking action on the 
following amendments proposed thereto:
  Pages S11002-30, S11033-45
Withdrawn:
  Durbin Amendment No. 4906 (to Amendment No. 4902), to provide for the 
development of a comprehensive enterprise architecture for information 
systems to achieve interoperability within and between agencies with 
responsibility for homeland security.
Pages S11011-21
Pending:
  Thompson (for Gramm) Amendment No. 4901, in the nature of a 
substitute.
Pages S1102-30, S11033-45
  Lieberman/McCain Amendment No. 4902 (to Amendment No. 4901), to 
establish within the legislative branch the National Commission on 
Terrorist Attacks Upon the United States.
Pages S1102-30, S11033-45
  Dodd Amendment No. 4951 (to Amendment No. 4902), to provide for 
workforce enhancement grants to fire departments. 
                                                 Page S11024, S11033-45
  Senate will continue consideration of the bill on Friday, November 
15, 2002, with a vote to invoke cloture on Thompson (for Gramm) 
Amendment No. 4901, listed above.
Port and Maritime Security Act--Conference Report: By a unanimous vote 
of 95 yeas (Vote 243), Senate agreed to the conference report on S. 
1214, to amend the Merchant Marine Act, 1936, to establish a program to 
ensure greater security for United States seaports.
  Pages S10974-93
Appointments to Commission--Agreement: A unanimous-consent was reached 
providing that notwithstanding the sine die adjournment of the Senate, 
the President of the Senate, the President of the Senate 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 S11148
Removal of Injunction of Secrecy: The junction of secrecy was removed 
from the following treaties:
  Convention with Great Britain and Northern Ireland regarding Double 
Taxation and Prevention of Fiscal Evasion (Treaty Doc. No. 107-19); and
  Protocol Amending Convention with Australia regarding Double Taxation 
and Prevention of Fiscal Evasion (Treaty Doc. No. 107-20).
  The treaties were 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 S11057
Treaties Approved: The following treaties having passed through their 
various parliamentary stages, up to and including the presentation of 
the resolution of ratification, upon division, two-thirds of the 
Senators present and having voted in the affirmative, the resolutions 
of ratification were agreed to:
  Treaty with Honduras for Return of Stolen, Robbed, and Embezzled 
Vehicles and Aircraft, with Annexes and Exchange of Notes (Treaty Doc. 
107-15);
  Extradition Treaty with Peru (Treaty Doc. 107-6), with one 
understanding and one condition;
  Extradition Treaty with Lithuania (Treaty Doc. 107-4), with one 
condition;
  Second Protocol Amending Extradition Treaty with Canada (Treaty Doc. 
107-11);
  Treaty with Belize on Mutual Legal Assistance in Criminal Matters 
(Treaty Doc. 107-13), with one understanding and two conditions;
  Treaty with India on Mutual Legal Assistance In Criminal Matters 
(Treaty Doc. 107-3), with one understanding and two conditions;

[[Page D1151]]


  Treaty with Ireland on Mutual Legal Assistance in Criminal Matters 
(Treaty Doc. 107-9), with one understanding and two conditions; and
  Treaty with Liechtenstein on Mutual Legal Assistance in Criminal 
Matters (Treaty Doc. 107-16), with one understanding and two 
conditions.
Pages S11057-59
Executive Session--Motion to Proceed: The motion to proceed to 
Executive Session to consider the nomination of Eugene Scalia, of 
Virginia, to be Solicitor for the Department of Labor, as not agreed 
to.
  Page S11052
Nominations Confirmed: Senate confirmed the following nominations:
  Dennis P. Walsh, of Maryland, to be a Member of the National Labor 
Relations Board for the term of five years expiring December 16, 2004.
  Collister Johnson, Jr., of Virginia, to be a Member of the Board of 
Directors of the Overseas Private Investment Corporation for a term 
expiring December 17, 2004. (Reappointment)
  John M. Rogers, of Kentucky, to be United States Circuit Judge for 
the Sixth Circuit.
  Stanely R. Chesler, of New Jersey, to be United States District Judge 
for the District of New Jersey.
  William J. Martini, of New Jersey, to be United States District Judge 
for the District of New Jersey.
  Ronald B. Leighton, of Washington, to be United States District Judge 
for the Western District of Washington.
  David Gelernter, of Connecticut, to be a Member of the National 
Council on the Arts for a term expiring September 3, 2006.
  Rene Acosta, of Virginia, to be a Member of the National Labor 
Relations Board for the remainder of the term expiring August 27, 2003.
  Phyllis K. Fong, of Maryland, to be Inspector General, Department of 
Agriculture.
  Juan R. Olivarez, of Michigan, to be a Member of the National 
Institute for Literacy Advisory Board for a term of one year. (New 
Position)
  Carol C. Gambill, of Tennessee, to be a Member of the National 
Institute for Literacy Advisory Board for a term of three years. (New 
Position)
  Kyle E. McSlarrow, of Virginia, to be Deputy Secretary of Energy.
  David McQueen Laney, of Texas, to be a Member of the Reform Board 
(Amtrak) for a term of five years.
  Peter Schaumber, of the District of Columbia, to be a Member of the 
National Labor Relations Board for the term of five years expiring 
August 27, 2005.
  John Randle Hamilton, of North Carolina, to be Ambassador to the 
Republic of Guatemala.
  Rebecca Dye, of North Carolina, to be a Federal Maritime Commissioner 
for the term expiring June 30, 2005.
  Nancy C. Pellett, of Iowa, to be a Member of the Farm Credit 
Administration Board, Farm Credit Administration for a term expiring 
May 31, 2008.
  Ellen R. Sauerbrey, of Maryland, for the rank of Ambassador during 
her tenure of service as the Representative of the United States of 
America on the Commission on the Status of Women of the Economic and 
Social Council of the United Nations.
  Daniel L. Hovland, of North Dakota, to be United States District 
Judge for the District of North Dakota.
  Thomas W. Phillips, of Tennessee, to be United States District Judge 
for the Eastern District of Tennessee.
  Linda R. Reade, of Iowa, to be United States District Judge for the 
Northern District of Iowa.
  Quanah Crossland Stamps, of Virginia, to be Commissioner of the 
Administration for Native Americans, Department of Health and Human 
Services.
  Jonathan Steven Adelstein, of South Dakota, to be a Member of the 
Federal Communications Commission for the remainder of the term 
expiring June 30, 2003.
  Alia M. Ludlum, of Texas, to be United States District Judge for the 
Western District of Texas.
  Joel Kahn, of Ohio, to be a Member of the National Council on 
Disability for a term expiring September 17, 2004.
  Patricia Pound, of Texas, to be a Member of the National Council on 
Disability for a term expiring September 17, 2005. (Reappointment)
  Linda Wetters, of Ohio, to be a Member of the National Council on 
Disability for a term expiring September 17, 2003.
  Roger P. Nober, of Maryland, to be a Member of the Surface 
Transportation Board for a term expiring December 31, 2005.
  Robert G. Klausner, of California, to be United States District Judge 
for the Central District of California.
  James E. Kinkeade, of Texas, to be United States District Judge for 
the Northern District of Texas
  William E. Smith, of Rhode Island, to be United States District Judge 
for the District of Rhode Island.
  Peggy Goldwater-Clay, of California, to be a Member of the Board of 
Trustees of the Barry Goldwater Scholarship and Excellence in Education 
Foundation for a term expiring June 5, 2006. (Reappointment)

[[Page D1152]]


  Jeffrey S. White, of California, to be United States District Judge 
for the Northern District of California.
  Kent A. Jordan, of Delaware, to be United States District Judge for 
the District of Delaware.
  Otis Webb Brawley, Jr., of Georgia, to be a Member of the Board of 
Regents of the Uniformed Services University of the Health Sciences for 
a term expiring June 20, 2003.
  Wayne Abernathy, of Virginia, to be an Assistant Secretary of the 
Treasury.
  Mark E. Fuller, of Alabama, to be United States District Judge for 
the Middle District of Alabama.
  Rosemary M. Collyer, of Maryland, to be United States District Judge 
for the District of Columbia.
  Robert B. Kugler, of New Jersey, to be United States District Judge 
for the District of New Jersey.
  Jose L. Linares, of New Jersey, to be United States District Judge 
for the District of New Jersey.
  Freda L. Wolfson, of New Jersey, to be United States District Judge 
for the District of New Jersey.
  John F. Keane, of Virginia, to be Ambassador to the Republic of 
Paraguay.
  Kim R. Holmes, of Maryland, to be an Assistant Secretary of State 
(International Organizations).
  Irene B. Brooks, of Pennsylvania, to be a Commissioner on the part of 
the United States on the International Joint Commission, United States 
and Canada.
  Allen I. Olson, of Minnesota, to be a Commissioner on the part of the 
United States on the International Joint Commission, United States and 
Canada.
  Philip N. Hogen, of South Dakota, to be Chairman of the National 
Indian Gaming Commission for the term of three years.
  Judith Ann Rapanos, of Michigan, to be a Member of the National 
Museum Services Board for a term expiring December 6, 2002.
  Judith Ann Rapanos, of Michigan, to be a Member of the National 
Museum Services Board for a term expiring December 6, 2007. 
(Reappointment)
  Beth Walkup, of Arizona, to be a Member of the National Museum 
Services Board for a term expiring December 6, 2003.
  Nancy S. Dwight, of New Hampshire, to be a Member of the National 
Services Board for a term expiring December 6, 2005.
  A. Wilson Greene, of Virginia to be a Member of the National Museum 
Services Board for a term expiring December 6, 2004.
  Maria Mercedes Guillemard, of Puerto Rico, to be a Member of the 
National Museum Services Board for a term expiring December 6, 2005.
  Peter Hero, of California, to be a Member of the National Museum 
Services Board for a term expiring December 6, 2006.
  Thomas E. Lorentzen, of California, to be a Member of the National 
Museum Services Board for a term expiring December 6, 2006.
  David N. Greenlee, of Maryland, to be Ambassador to the Republic of 
Bolivia.
  James M. Stephens, of Virginia, to be a Member of the Occupational 
Safety and Health Review Commission for a term expiring April 27, 2005.
  Maura Ann Marty, of Florida, to be an Assistant Secretary of State 
(Consular Affairs).
  Peter DeShazo, of Florida, Career Member of the Senior Foreign 
Service, Class of Minister-Counselor, for the rank of Ambassador during 
tenure of service as Deputy Permanent Representative of the United 
States of America to the Organization of American States.
  John L. Morrison, of Minnesota, to be a Member of the Board of 
Directors of the Overseas Private Investment Corporation for a term 
expiring December 17, 2004.
  John Portman Higgins, of Virginia, to be Inspector General, 
Department of Education.
  Philip Merrill, of Maryland, to be President of the Export-Import 
Bank of the United States for the remainder of the term expiring 
January 20, 2005.
  Robert J. Battista, of Michigan, to be a Member of the National Labor 
Relations Board for the term of five years expiring December 16, 2007.
  Wilma B. Liebman, of the District of Columbia, to be a Member of the 
National Labor Relations Board for the term of five years expiring 
August 27, 2006.
  J. Cofer Black, of Virginia, to be Coordinator for Counterterrorism 
with the rank and status of Ambassador at Large.
  Blanquita Walsh Cullum, of Virginia, to be a Member of the 
Broadcasting Board of Governors for term expiring August 13, 2005.
  Routine lists in the Coast Guard, which were discharged from the 
Committee on Commerce, Science, and Transportation, and in the Foreign 
Service.
Pages S11031-32, S11045-52, S11056-57, S11079
Nominations Received: Senate received the following nominations:
  Harlon Eugene Costner, of North Carolina, to be United States Marshal 
for the Middle District of North Carolina for the term of four years.
  Richard Zenos Winget, of Nevada, to be United States Marshal for the 
District of Nevada.
  Daniel Pearson, of Minnesota, to be a Member of the United States 
International Trade Commission for the term expiring June 16, 2011.

[[Page D1153]]


  James M. Loy, of Virginia, to be Under Secretary of Transportation 
for Security for a term of five years.
  1 Army nomination in the rank of general.
  Routine lists in the Army, Navy.
Pages S11030-31
Messages From the House:
  Page S11076
Measures Placed on Calendar:
  Page S11076
Executive Communications:
  Pages S11076-78
Executive Reports of Committees:
  Page S11079
Additional Cosponsors:
  Pages S11079-80
Statements on Introduced Bills/Resolutions:
  Pages S11080-86
Additional Statements:
  Pages S11075-76
Amendments Submitted:
  Pages S11086-S11137
Authority for Committees to Meet:
  Pages S11137-38
Privilege of the Floor:
  Page S11138
Record Votes: One record vote was taken today. (Total--243) 
                                                        Pages S10992-93
Adjournment: Senate met at 9:30 a.m., and adjourned at 10:46 p.m. until 
9:45 a.m., on Friday, November 15, 2002. (For Senate's program, see the 
remarks of the Acting Majority Leader in today's Record on page 
S11160).