[Congressional Record Volume 149, Number 116 (Thursday, July 31, 2003)]
[Daily Digest]
[Pages D921-D924]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                            Thursday, July 31, 2003

[[Page D921]]

                              Daily Digest


HIGHLIGHTS

      Senate passed H.R. 6, Energy Tax Policy Act.
      Senate passed H.R. 2738, U.S.-Chile Free Trade Agreement.
      Senate passed H.R. 2739, U.S.-Singapore Free Trade Agreement.


                                 Senate


Chamber Action
Routine Proceedings, pages S10455-S10871
Measures Introduced: Forty-eight bills and nine resolutions were 
introduced, as follows: S. 1506-1553, and S. Res. 207-215. 
                                                        Pages S10617-19
Measures Reported:
  S. 589, to strengthen and improve the management of national 
security, encourage Government service in areas of critical national 
security, and to assist government agencies in addressing deficiencies 
in personnel possessing specialized skills important to national 
security and incorporating the goals and strategies for recruitment and 
retention for such skilled personnel into the strategic and performance 
management systems of Federal agencies. (S. Rept. No. 108-119)
  S. 1244, to authorize appropriations for the Federal Maritime 
Commission for fiscal years 2004 and 2005, with amendments. (S. Rept. 
No. 108-120)
  H.R. 1904, to improve the capacity of the Secretary of Agriculture 
and the Secretary of the Interior to plan and conduct hazardous fuels 
reduction projects on National Forest System lands and Bureau of Land 
Management lands aimed at protecting communities, watersheds, and 
certain other at-risk lands from catastrophic wildfire, to enhance 
efforts to protect watersheds and address threats to forest and 
rangeland health, including catastrophic wildfire, across the 
landscape, with an amendment in the nature of a substitute. (S. Rept. 
No. 108-121)
  S. 1053, to prohibit discrimination on the basis of genetic 
information with respect to health insurance and employment, with an 
amendment in the nature of a substitute. (S. Rept. No. 108-122)
  S. 274, to amend the procedures that apply to consideration of 
interstate class actions to assure fairer outcomes for class members 
and defendants. (S. Rept. No. 108-123)
  S. Res. 30, expressing the sense of the Senate that the President 
should designate the week beginning September 14, 2003, as ``National 
Historically Black Colleges and Universities Week''.
  S. Res. 204, designating the week of November 9 through November 15, 
2003, as ``National Veterans Awareness Week'' to emphasize the need to 
develop educational programs regarding the contributions of veterans to 
the country.
  S. 1177, A bill to ensure the collection of all cigarette taxes, with 
an amendment in the nature of a substitute.
  S. Con. Res. 25, recognizing and honoring America's Jewish community 
on the occasion of its 350th anniversary, supporting the designation of 
an ``American Jewish History Month'', with an amendment in the nature 
of a substitute.
Pages S10615-16
Measures Passed:
  Energy Tax Policy Act: By 84 yeas to 14 nays (Vote No. 317), Senate 
passed H.R. 6, to enhance energy conservation and research and 
development, to provide for security and diversity in the energy supply 
for the American people, after agreeing to the following amendment 
proposed thereto:
  Pages S10569-74
  Frist/Daschle Amendment No. 1537, in the nature of a substitute. 
                                                            Page S10569
  Senate insisted on its amendment, requested a conference with the 
House thereon, and the Chair was authorized to appoint conferees on the 
part of the Senate.
Page S10570
  U.S.-Singapore Free Trade Agreement: By 66 yeas to 32 nays (Vote No. 
318), Senate passed H.R. 2739, to implement the United States-Singapore 
Free Trade Agreement.
  Pages S10585-86

[[Page D922]]

  U.S.-Chile Free Trade Agreement: By 66 yeas to 31 nays (Vote No. 
319), Senate passed H.R. 2738, to implement the United States-Chile 
Free Trade Agreement.
  Pages S10588-89
  Temporary Entry Provisions: Senate agreed to S. Res. 211, expressing 
the sense of the Senate regarding the temporary entry provisions in the 
Chile and Singapore Free Trade Agreements.
  Page S10589
  Emergency Supplemental Appropriations for Disaster Relief Act: Senate 
passed H.R. 2859, making emergency supplemental appropriations for the 
fiscal year ending September 30, 2003, clearing the measure for the 
President.
  Page S10844
  Children's Health Insurance Program: Senate passed H.R. 2854, to 
amend title XXI of the Social Security Act to extend the availability 
of allotments for fiscal years 1998 through 2001 under the State 
Children's Health Insurance Program, clearing the measure for the 
President.
  Page S10847
  Technical Correction: Senate passed S. 1547, to amend title XXI of 
the Social Security Act to make a technical correction with respect to 
the definition of qualifying State.
  Page S10847
  Family Farmer Bankruptcy Relief Act: Senate passed H.R. 2465, to 
extend for six months the period for which chapter 12 of title 11 of 
the United States Code is reenacted, clearing the measure for the 
President.
  Page S10847
  Intelligence Authorization: Senate passed H.R. 2417, to authorize 
appropriations for fiscal year 2004 for intelligence and intelligence-
related activities of the United States Government, the Community 
Management Account, and the Central Intelligence Agency Retirement and 
Disability System, after striking all after the enacting clause and 
inserting in lieu thereof, the text of S. 1025, Senate companion 
measure, agreeing to the committee amendments (and considered as 
original text for purposes of further amendments), and the following 
amendment proposed thereto:
  Page S10847
  Sununu (for Roberts/Rockefeller) Amendment No. 1538, to make certain 
improvements to the bill.
Pages S10858-66
  Senate insisted on its amendments, requested a conference with the 
House thereon, and the Chair was authorized to appoint conferees on the 
part of the Senate.
Page S10858
  Subsequently, S. 1025 was returned to the Senate calendar. 
                                                            Page S10858
  Higher Education Relief Opportunities for Students Act: Committee on 
Health, Education, Labor, and Pensions was discharged from further 
consideration of H.R. 1412, to provide the Secretary of Education with 
specific waiver authority to respond to a war or other military 
operation or national emergency, and the bill was then passed, clearing 
the measure for the President.
  Page S10866
  James L. Watson U.S. Court of International Trade Building: Committee 
on Environment and Public Works was discharged from further 
consideration of H.R. 1018, to designate the building located at 1 
Federal Plaza in New York, New York, as the ``James L. Watson United 
States Court of International Trade Building'', and the bill was then 
passed, clearing the measure for the President.
  Page S10866
  Smithsonian Facilities Authorization Act: Senate passed H.R. 2195, to 
provide for additional space and resources for national collections 
held by the Smithsonian Institution, clearing the measure for the 
President.
  Pages S10866-67
  Garner E. Shriver Post Office Building: Committee on Governmental 
Affairs was discharged from further consideration of H.R. 1761, to 
designate the facility of the United States Postal Service located at 
9350 East Corporate Hill Drive in Wichita, Kansas, as the ``Garner E. 
Shriver Post Office Building'', and the bill was then passed, clearing 
the measure for the President.
  Page S10867
  National Historically Black Colleges and Universities Week: Senate 
agreed to S. Res. 30, expressing the sense of the Senate that the 
President should designate the week beginning September 14, 2003, as 
``National Historically Black Colleges and Universities Week''. 
                                                        Pages S10867-68
  National Veterans Awareness Week: Senate agreed to S. Res. 204, 
designating the Week of November 9 through November 15, 2003, as 
``National Veterans Awareness Week'' to emphasize the need to develop 
educational programs regarding the contributions of veterans to the 
country.
  Pages S10867-68
  American Jewish History Month: Senate agreed to S. Con. Res. 25, 
recognizing and honoring America's Jewish community on the occasion of 
its 350th anniversary, supporting the designation of an ``American 
Jewish History Month'', after agreeing to the following amendment 
proposed thereto:
  Page S10868
  Sununu (for Hatch) Amendment No. 1539, in the nature of a substitute.
                                                            Page S10868
  National Missing Adult Awareness Month: Senate agreed to S. Res. 213, 
designating August 2003, as ``National Missing Adult Awareness Month''.
                                                        Pages S10868-69
  Congratulating Lance Armstrong: Senate agreed to S. Res. 214, 
congratulating Lance Armstrong for winning the 2003 Tour de France. 
                                                            Page S10869

[[Page D923]]

  Senate Legal Counsel: Senate agreed to S. Res. 215, to authorize 
representation by the Senate legal Counsel in the case of Wagner v. 
Untied States Senate Committee on the Judiciary, et al.
  Page S10869
  Energy Policy Act: Senate continued consideration of S. 14, to 
enhance the energy security of the United States, taking action on the 
following amendments proposed thereto:
  Pages S10469-S10526
Withdrawn:
  Campbell Amendment No. 886, to replace ``tribal consortia'' with 
``tribal energy resource development organizations''. 
                                                    Pages S10469-S10526
  Durbin Modified Amendment No. 1385, to amend the Internal Revenue 
Code of 1986 to provide additional tax incentives for enhancing motor 
vehicle fuel efficiency.
Pages S10469-S10526
  Domenici Amendment No. 1412, to reform certain electricity laws. 
                                                    Pages S10469-S10526
  Motion to commit the bill to the Committee on Energy and Natural 
Resources, with instructions to report back forthwith, with Frist 
Amendment No. 1432 (to instructions on motion to commit), to provide a 
national energy policy for the United States of America. 
                                                    Pages S10469-S10526
  Frist Amendment No. 1433 (to instructions on motion to commit), to 
provide that all provisions of Division A and Division B shall take 
effect one day after enactment of this Act.
Pages S10469-S10526
  Frist Amendment No. 1434 (to Amendment No. 1433), to make a technical 
correction.
Pages S10469-S10526
  A unanimous-consent agreement was reached providing that S. 14 be 
returned to the Senate calendar and the scheduled cloture vote on the 
motion to commit be vitiated.
Page S10589
Nomination Considered: Senate continued consideration of the nomination 
of William H. Pryor, Jr., of Alabama, to be United States Circuit Judge 
for the Eleventh Circuit.
  During consideration of this measure today, Senate also took the 
following action:
  By 53 yeas to 44 nays (Vote No. 316), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to close further debate on the nomination. 
                                                        Pages S10455-69
Nomination--Cloture Vote Vitiated: A unanimous-consent agreement was 
reached providing that the scheduled cloture vote on the nomination of 
Carolyn B. Kuhl, of California, to be United States Circuit Judge for 
the Ninth Circuit, be vitiated.
Climate Stewardship Act--Agreement: A unanimous-consent-time agreement 
was reached providing that at a time determined by the Majority Leader, 
following consultation with the Democratic Leader, but no later than 
October 10, 2003, Committee on Environment and Public Works be 
discharged from consideration of S. 139, to provide for a program of 
scientific research on abrupt climate change, to accelerate the 
reduction of greenhouse gas emissions in the United States by 
establishing a market-driven system of greenhouse gas tradable 
allowances that could be used interchangeably with passenger vehicle 
fuel economy standard credits, to limit greenhouse gas emissions in the 
United States and reduce dependence upon foreign oil, and ensure 
benefits to consumers from the trading in such allowances, and that the 
Senate then proceed to its consideration; that there be 6 hours of 
debate on the bill and amendment in the nature of a substitute; that 
the only amendment in order be a McCain/Lieberman amendment in the 
nature of a substitute; that upon the use or yielding back of all time, 
the amendment be agreed to, the bill as amended be read a third time, 
and Senate proceed to vote on passage of the bill.
  Pages S10529-30
Nominations Status--Agreement: A unanimous-consent agreement was 
reached providing that, notwithstanding paragraph 6 of Rule XXXI of the 
Standing Rules of the Senate, all pending nominations remain in status 
quo, during the upcoming adjournment of the Senate.
  Page S10844
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:
  Agreement with Russian Federation concerning Polar Bear Population 
Treaty Doc. 107-10 with one condition;
  Agreement Amending Treaty with Canada Concerning Pacific Coast 
Albacore Tuna Vessels and Port Privileges Treaty Doc. 108-1;
  Amendments to the 1987 Treaty on Fisheries with Pacific Island States 
Treaty Doc. 108-2 with one declaration;
  Convention for International Carriage by Air Treaty Doc. 106-45 with 
one reservation;
  Protocol to Amend the Convention for Unification of Certain Rules 
Relating to International Carriage by Air Treaty Doc. 107-14. 
                                                        Pages S10869-71
Nominations Confirmed: Senate confirmed the following nominations:
  By unanimous vote of 96 yeas (Vote No. EX. 320), James I. Cohn, of 
Florida, to be United States District Judge for the Southern District 
of Florida.
Pages S10527-28, S10589-90

[[Page D924]]


  By unanimous vote of 95 yeas (Vote No. EX. 321), Frank Montalvo, of 
Texas, to be United States District Judge for the Western District of 
Texas.
Page S10527-28, S10590
  Stanley C. Suboleski, of Virginia, to be a Member of the Federal Mine 
Safety and Health Review Commission for a term of six years expiring 
August 30, 2006.
  W. Scott Railton, of Virginia, to be a Member of the Occupational 
Safety and Health Review Commission for a term expiring April 27, 2007.
  Lawrence Mohr, Jr., of South Carolina, to be a Member of the Board of 
Regents of the Uniformed Services University of the Health Sciences for 
a term expiring June 20, 2009. (Reappointment)
  Eric S. Dreiband, of Virginia, to be General Counsel of the Equal 
Employment Opportunity Commission for a term of four years.
  Diane M. Stuart, of Utah, to be Director of the Violence Against 
Women Office, Department of Justice. (New Position)
  Mary Lucille Jordan, of Maryland, to be a Member of the Federal Mine 
Safety and Health Review Commission for a term of six years expiring 
August 30, 2008. (Reappointment)
  Annette Sandberg, of Washington, to be Administrator of the Federal 
Motor Carrier Safety Administration.
  Joe D. Whitley, of Georgia, to be General Counsel, Department of 
Homeland Security. (New Position)
  James O. Browning, of New Mexico, to be United States District Judge 
for the District of New Mexico.
  H. Brent McKnight, of North Carolina, to be United States District 
Judge for the Western District of North Carolina.
  Xavier Rodriguez, of Texas, to be United States District Judge for 
the Western District of Texas.
  Karen P. Tandy, of Virginia, to be Administrator of Drug Enforcement.
  Michael Young, of Pennsylvania, to be a Member of the Federal Mine 
Safety and Health Review Commission for a term of six years expiring 
August 30, 2008.
  Donald K. Steinberg, of California, to be Ambassador to the Federal 
Republic of Nigeria. (Prior to this action, Committee on Foreign 
Relations was discharged from further consideration.)
  Constance Albanese Morella, of Maryland, to be Representative of the 
United States of America to the Organization for Economic Cooperation 
and Development, with the rank of Ambassador. (Prior to this action, 
Committee on Foreign Relations was discharged from further 
consideration.)
  Joel David Kaplan, of Massachusetts, to be Deputy Director of the 
Office of Management and Budget.
  Thomasina V. Rogers, of Maryland, to be a Member of the Occupational 
Safety and Health Review Commission for a term expiring April 27, 2009. 
(Reappointment)
  George H. Walker, of Missouri, to be Ambassador to the Republic of 
Hungary. (Prior to this action, Committee on Foreign Relations was 
discharged from further consideration.)
  26 Air Force nominations in the rank of general.
  4 Army nominations in the rank of general.
  2 Marine Corps nominations in the rank of general.
  8 Navy nominations in the rank of admiral.
  Routine lists in the Air Force, Army, Marine Corps, Navy. 
                                  Pages S10527-28, S10590-91, S10844-47
Measures Held Over/Under Rule:
  Page S10611
Executive Communications:
  Pages S10611-14
Petitions and Memorials:
  Pages S10614-15
Executive Reports of Committees:
  Page S10616
Additional Cosponsors:
  Pages S10619-21
Statements on Introduced Bills/Resolutions:
  Pages S10621-91
Additional Statements:
  Pages S10609-11
Amendments Submitted:
  Pages S10691-S10837
Notices of Hearings/Meetings:
  Page S10837
Authority for Committees to Meet:
  Pages S10837-38
Privilege of the Floor:
  Page S10838
Record Votes: Six record votes were taken today. (Total--321) 
                     Pages S10468-69, S10570, S10586-87, S10588, S10590
Recess: Senate met at 9 a.m., and recessed at 11:08 p.m., until 9:30 
a.m., on Friday, August 1, 2003. (For Senate's program, see the remarks 
of the Acting Majority Leader in today's Record on page S10527.)