[Congressional Record Volume 149, Number 124 (Wednesday, September 10, 2003)]
[Daily Digest]
[Pages D975-D979]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                      Wednesday, September 10, 2003

[[Page D975]]

                              Daily Digest


HIGHLIGHTS

      Senate passed H.R. 2660, Labor/HHS/Education Appropriations Act.
      House committees ordered reported 10 sundry measures.
      The House passed H.R. 2622, the Fair and Accurate Credit 
      Transactions Act of 2003.


                                 Senate


Chamber Action
Routine Proceedings, pages S11263-S11364
Measures Introduced: Four bills and two resolutions were introduced, as 
follows: S. 1603-1606 and S. Res. 222-223.
  Pages S11349-50
Measures Passed:
  Labor, Health and Human Services, Education Appropriations: By a 
unanimous vote of 94 yeas (Vote No. 347), Senate passed H.R. 2660, 
making appropriations for the Departments of Labor, Health and Human 
Services, and Education, and related agencies for the fiscal year 
ending September 30, 2004, after taking action on the following 
amendments proposed thereto: 
                              Pages S11263-S11303, S11307-15, S11321-41
Adopted:
  By 54 yeas to 45 nays (Vote No. 334), Harkin Amendment No. 1580 (to 
Amendment No. 1542), to protect the rights of employees to receive 
overtime compensation.
Pages S11263-69
  By 51 yeas to 44 nays (Vote No. 339), Corzine Amendment No. 1602 (to 
Amendment No. 1542), to restore cuts in student aid. 
                                                Pages S11263, S11274-75
  Subsequently, a unanimous-consent request was granted permitting 
Senator Murkowski to change her nay vote to a yea vote on Vote No. 339 
changing the outcome of the vote to 51 yeas to 44 nays relative to 
Corzine Amendment No. 1602.
Page S11275
  Dodd Modified Amendment No. 1572 (to Amendment No. 1542), to provide 
additional funding for grants to States under part B of the Individuals 
with Disabilities Education Act.
Pages S11263, S11273, S11275-80
  Akaka Modified Amendment No. 1544 (to Amendment No. 1542), to provide 
funding for the Excellence in Economic Education Act of 2001. 
                                                   Pages S11263, S11296
  DeWine Modified Amendment No. 1560 (to Amendment No. 1542), to 
provide funds to support poison control centers.
Pages S11263, S11296
  DeWine Modified Amendment No. 1578 (to Amendment No. 1542), to 
provide funding for the Underground Railroad Education and Cultural 
Program.
Pages S11263, S11296
  Kohl Modified Amendment No. 1558 (to Amendment No. 1542), to provide 
additional funding for the ombudsman program for the protection of 
vulnerable older Americans.
Pages S11263, S11296
  Mikulski Modified Amendment No. 1552 (to Amendment No. 1542), to 
provide for the conduct of studies concerning the program established 
under the Mammography Quality Standards Act of 1992. 
                                                   Pages S11263, S11296
  Subsequently, the amendment was further modified.
  Stevens (for Collins/Feingold) Amendment No. 1616 (to Amendment No. 
1542), to provide additional funding for grants for innovative programs 
to address dental workforce needs of designated dental health 
professional shortage areas.
Page S11297
  Stevens (for Inhofe) Amendment No. 1617 (to Amendment No. 1542), to 
provide additional funding for Impact Aid programs.
Page S11297
  Stevens (for Wyden) Amendment No. 1618 (to Amendment No. 1542), to 
provide for a report on the availability and affordability of products 
developed with public funding.
Page S11297
  Stevens (for Ensign) Amendment No. 1619 (to Amendment No. 1542), to 
provide for annually updated educational agency level census poverty 
data.
Page S11297

[[Page D976]]


  Stevens (for Specter) Amendment No. 1620 (to Amendment No. 1542), to 
provide an offset for additional spending.
Page S11297
  Ensign Amendment No. 1621 (to Amendment No. 1542), to provide funding 
for statewide, longitudinal data systems under section 208 of the 
Education Sciences Reform Act of 2002.
Pages S11309, S11311
  Harkin (for Bingaman) Amendment No. 1624 (to Amendment No. 1542), to 
provide funding for the Dropout Prevention Program.
Pages S11321-24
  Cantwell Modified Amendment No. 1612 (to Amendment No. 1542), to 
restore funding for certain programs under the Workforce Investment Act 
of 1998.
Pages S11321-24
  Harkin (for Mikulski) Amendment No. 1625 (to Amendment No. 1542), to 
provide for the conduct of studies concerning the program established 
under the Mammography Quality Standards Act of 1992.
Pages S11321-24
  Harkin (for Daschle) Amendment No. 1626 (to Amendment No. 1542), to 
provide funds for the conduct of a grant program to strengthen local 
capacity on Native American reservations to screen for and treat 
sexually transmitted diseases.
Pages S11321-24
  Harkin (for Dodd/Lincoln) Amendment No. 1627 (to Amendment No. 1542), 
to provide funding for newborn and child screening for heritable 
disorders.
Pages S11321-24
  Harkin (for Kennedy) Amendment No. 1628 (to Amendment No. 1542), to 
provide funding for the mass layoff statistics program. 
                                                        Pages S11321-24
  Specter (for McCain/Bayh) Amendment No. 1629 (to Amendment No. 1542), 
to increase funding for the Special Volunteers for Homeland Security 
program.
Pages S11321-24, S11327-28
  Specter (for Campbell) Amendment No. 1548 (to Amendment No. 1542), to 
provide for the establishment of summer health career introductory 
programs for middle and high school students.
Pages S11321-24
  Specter Amendment No. 1630 (to Amendment No. 1542), to provide 
protection for nationals and residents of the Islamic Republic of Iran 
who are targets of persecution.
Pages S11321-24
  Harkin (for Schumer) Amendment No. 1631 (to Amendment No. 1542), to 
authorize funding for the Daniel Patrick Moynihan Global Affairs 
Institute Act.
Pages S11321-24
  Specter (for Sessions) Amendment No. 1632 (to Amendment No. 1542), to 
require the Centers for Disease Control and Prevention to prepare a 
comprehensive plan to address blood safety and injection safety in 
Africa under the Global AIDS Program.
Pages S11321-24
  Harkin (for Feingold) Amendment No. 1633 (to Amendment No. 1542), to 
require the Secretary of Labor, the Secretary of Health and Human 
Services, and the Secretary of Education to report to Congress on 
acquisitions made by each Department of articles, materials, or 
supplies manufactured outside the United States.
Pages S11321-24
  Harkin (for Boxer) Amendment No. 1569 (to Amendment No. 1542), to 
provide for a report concerning how Federal funds are expended relating 
to Hansen's Disease.
Pages S11321-24
  Harkin (for Hollings) Amendment No. 1634 (to Amendment No. 1542), to 
provide for the accurate and timely process of Medicare claims. 
                                                        Pages S11321-24
  Specter (for Alexander/Dodd) Amendment No. 1635 (to Amendment No. 
1542), to provide funding for the Child Abuse Prevention and Treatment 
Act.
Pages S11321-24
  Harkin (for Daschle) Amendment No. 1636 (to Amendment No. 1542), to 
provide additional funding to the Office of Minority Health to conduct 
a demonstration project to reduce SIDS disparity rates. 
                                                        Pages S11321-24
  Harkin (for Kennedy) Amendment No. 1637 (to Amendment No. 1542), to 
provide funds for programs on community automatic external 
defibrillators.
Pages S11321-24
  Specter (for Bond/Clinton) Amendment No. 1638 (to Amendment No. 
1542), to require the Department of Labor to cease the implementation 
of closing procedures for the Department of Labor Employment and 
Training Administration regional office in New York City, New York, and 
the Employment and Training Administration affiliate offices in 
Seattle, Washington, Kansas City, Missouri, and Denver, Colorado until 
September 30, 2004.
Pages S11321-24
  Harkin (for Feingold) Amendment No. 1639 (to Amendment No. 1542), to 
provide additional funding for the purchase of automatic external 
defibrillators and the training of individuals in cardiac life support 
in rural areas.
Pages S11321-24
  Reid Modified Amendment No. 1603 (to Amendment No. 1542), to increase 
funding for certain education and related programs. 
                                 Pages S11263, S11299-S11302, S11321-27
  Specter (for Chambliss) Amendment No. 1641 (to Amendment No. 1542), 
to reallocate funds within the CDC construction account. 
                                                        Pages S11321-24
  Specter Amendment No. 1640 (to Amendment No. 1542), to allow 
continued funding of the Council on Graduate Medical Education. 
                                                        Pages S11321-24
  Specter (for Roberts/Conrad) Amendment No. 1642 (to Amendment No. 
1542), to provide funding

[[Page D977]]

for the rural emergency medical service training and equipment 
assistance program.
Pages S11321-24
  Specter Amendment No. 1643 (to Amendment No. 1542), to provide an 
additional offset for increased spending.
Pages S11321-24
  Specter Amendment No. 1644 (to Amendment No. 1542), to provide for 
the issuance of rules relating to Personal Dust Monitor prototypes. 
                                             Pages S11321-24, S11328-29
  Harkin/Daschle Amendment No. 1645 (to Amendment No. 1542), to rename 
the NIH Muscular Dystrophy Cooperative Research (MDCRC) program in 
honor of the late Senator Paul D. Wellstone of Minnesota. 
                                                        Pages S11329-30
  DeWine Amendment No. 1623 (to Amendment No. 1542), to increase 
funding for activities to prevent the mother-to-child transmission of 
HIV.
Pages S11321-24, S11330-31
  Specter Amendment No. 1542, in the nature of a substitute. 
                              Pages S11263-S11303, S11307-15, S11321-31
Rejected:
  By 28 yeas to 67 nays (Vote No. 342), Durbin Amendment No. 1611 (to 
Amendment No. 1542), to prohibit funds appropriated in this Act from 
being used by the Department of Education to enforce any requirement 
under section 1116 of the Elementary and Secondary Education Act of 
1965, or to implement penalties or sanctions under part A of title I of 
such Act, if the amount appropriated to carry out such part A for 
fiscal year 2004 is less than $18,500,000,000. 
                                             Pages S11285-90, S11295-96
  By 7 yeas to 87 nays (Vote No. 344), Ensign Amendment No. 1585 (to 
Amendment No. 1542), to provide an additional $100,000,000 to carry out 
the 21st Century Community Learning Centers Program under part B of 
title IV of the Elementary and Secondary Education Act of 1965. 
                                     Pages S11291-92, S11302-03, S11307
Withdrawn:
  Bingaman Amendment No. 1588 (to Amendment No. 1542), to increase 
funding for the Low Income Home Energy Assistance Program. 
                                                        Pages S11297-99
  DeWine Amendment No. 1561 (to Amendment No. 1542), to provide funds 
to support graduate medical education programs in children's hospitals.
                                                   Pages S11263, S11331
  During consideration of this measure today, the Senate also took the 
following actions:
  By 44 yeas to 53 nays (Vote No. 335), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 504 of H. Con. Res. 95, 
Congressional Budget Resolution, with respect to Schumer Amendment No. 
1598 (to Amendment No. 1542), to provide additional for programs under 
the Ryan White Care Act. Subsequently, the point of order that the 
amendment would exceed discretionary spending limits and thus be in 
violation of section 504 of H. Con. Res. 95, Congressional Budget 
Resolution, was sustained, and the amendment thus falls. 
                                                Pages S11263, S11269-70
  By 49 yeas to 46 nays (Vote No. 336), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 504 of H. Con. Res. 95, 
Congressional Budget Resolution, with respect to Reed Amendment No. 
1595 (to Amendment No. 1542), to provide funding for home energy 
assistance needs under the Low-Income Home Energy Assistance Act of 
1981. Subsequently, the point of order that the amendment would exceed 
discretionary spending limits and thus be in violation of section 504 
of H. Con. Res. 95, Congressional Budget Resolution, was sustained, and 
the amendment thus falls.
Pages S11263, S11270-72
  By 47 yeas to 49 nays (Vote No. 337), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 302(f) of the Congressional Budget 
Act of 1974, with respect to Reed Amendment No. 1592 (to Amendment No. 
1542), to increase funding for immunization services. Subsequently, the 
point of order that the amendment was in violation of section 302(f) of 
the Congressional Budget Act of 1974, was sustained, and the amendment 
thus falls.
Pages S11263, S11272-73
  By 47 yeas to 49 nays (Vote No. 338), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 504 of H. Con. Res. 95, 
Congressional Budget Resolution, with respect to Reed Amendment No. 
1596 (to Amendment No. 1542), to increase funding for certain literacy, 
library, and museum programs. Subsequently, the point of order that the 
amendment would exceed discretionary spending limits and thus be in 
violation of section 504 of H. Con. Res. 95, Congressional Budget 
Resolution, was sustained, and the amendment thus falls. 
                                                Pages S11263, S11273-74
  By 46 yeas to 49 nays (Vote No. 340), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 504 of H. Con. Res. 95, 
Congressional Budget Resolution, with respect to Boxer/Lautenberg 
Amendment No. 1609 (to Amendment No. 1542), to provide additional 
funding for afterschool programs under the Elementary and Secondary 
Education Act of 1965. Subsequently, the point of order that the 
amendment would exceed discretionary spending limits and thus be in 
violation of section

[[Page D978]]

504 of H. Con. Res. 95, Congressional Budget Resolution, was sustained, 
and the amendment thus falls.
Pages S11280-82, S11293-94
  By 49 yeas to 46 nays (Vote No. 341), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 504 of H. Con. Res. 95, 
Congressional Budget Resolution, with respect to Landrieu Amendment No. 
1610 (to Amendment No. 1542), to increase funding for the promoting 
safe and stable families program. Subsequently, the point of order that 
the amendment would exceed discretionary spending limits and thus be in 
violation of section 504 of H. Con. Res. 95, Congressional Budget 
Resolution, was sustained, and the amendment thus falls. 
                                             Pages S11282-85, S11294-95
  By 43 yeas to 51 nays (Vote No. 343), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 504 of H. Con. Res. 95, 
Congressional Budget Resolution, with respect to Durbin Amendment No. 
1613 (to Amendment No. 1542), to provide additional funding for teacher 
quality programs under the Elementary and Secondary Education Act of 
1965 and the Higher Education Act of 1965 and for the Mathematics and 
Science Partnerships and the school leadership program under the 
Elementary and Secondary Education Act of 1965. Subsequently, the point 
of order that the amendment would exceed discretionary spending limits 
and thus be in violation of section 504 of H. Con. Res. 95, 
Congressional Budget Resolution, was sustained, and the amendment thus 
falls.
Pages S11290-91, S11302
  By 46 yeas to 49 nays (Vote No. 345), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 504 of H. Con. Res. 95, 
Congressional Budget Resolution, with respect to Landrieu Amendment No. 
1614 (to Amendment No. 1542), to provide additional funds for programs 
relating to West Nile Virus and to fund the Mosquito Abatement for 
Safety and Health Act. Subsequently, the point of order that the 
amendment would exceed discretionary spending limits and thus be in 
violation of section 504 of H. Con. Res. 95, Congressional Budget 
Resolution, was sustained, and the amendment thus falls. 
                                             Pages S11292-93, S11308-09
  By 52 yeas to 43 nays (Vote No. 346), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to waive section 502(c)(5) of H. Con. Res. 95, 
Congressional Budget Resolution, with respect to the emergency 
designation provision in Specter Amendment No. 1622 (to Amendment No. 
1542), to increase funding for the National Institutes of Health. 
Subsequently, a point of order that the emergency designation provision 
would violate section 502 (c)(5) of H. Con. Res. 95 was sustained and 
the provision was stricken. Also, the Chair sustained a point order 
that the amendment would exceed the subcommittee's 302(b) allocation 
and the amendment thus falls.
Pages S11309-11, S11311-15
  Senate insisted on its amendment, requested a conference with the 
House thereon, and the Chair was authorized to appoint the following 
conferees on the part of the Senate: Senators Specter, Cochran, Gregg, 
Craig, Hutchison, Stevens, DeWine, Shelby, Domenici, Harkin, Hollings, 
Inouye, Reid, Kohl, Murray, Landrieu, and Byrd.
Page S11341
FCC Media Ownership--Agreement: A unanimous-consent agreement was 
reached providing that at 1 p.m., on Thursday, September 11, 2003, 
Senate will consider S.J. Res. 17, disapproving the rule submitted by 
the Federal Communications Commission with respect to broadcast media 
ownership, with three hours of debate; following which, Senate will 
resume consideration of the resolution at 4:30 p.m., on Monday, 
September 15, 2003, with 60 minutes of debate remaining, the bill be 
read a third time, and a vote occur on final passage.
  Page S11315
Energy and Water Development Appropriations Agreement: A unanimous-
consent agreement was reached providing that following consideration of 
S.J. Res. 17 (listed above), on Thursday, September 11, 2003, Senate 
will consider H.R. 2754, making appropriations for energy and water 
development for the fiscal year ending September 30, 2004. 
                                                            Page S11315
Messages From the President: Senate received the following message from 
the President of the United States:
  Transmitting, pursuant to law, a report relative to the national 
emergency with respect to the terrorist attacks of September 11, 2001; 
to the Committee on Banking, Housing, and Urban Affairs. (PM-48) 
                                                            Page S11345
Nominations Received: Senate received the following nominations:
  Ben S. Bernanke, of New Jersey, to be a Member of the Board of 
Governors of the Federal Reserve System for a term of fourteen years 
from February 1, 2004. (Reappointment)
  Roger Walton Ferguson, Jr., of Massachusetts, to be Vice Chairman of 
the Board of Governors of the Federal Reserve System for a term of four 
years. (Reappointment)
  Routine lists in the Army, Coast Guard.
Pages S11315-20
Messages From the House:
  Page S11345

[[Page D979]]

Measures Placed on Calendar:
  Page S11345
Additional Cosponsors:
  Page S11350
Statements on Introduced Bills/Resolutions:
  Pages S11351-55
Additional Statements:
  Pages S11344-45
Amendments Submitted:
  Pages S11355-61
Authority for Committees to Meet:
  Page S11361
Privilege of the Floor:
  Page S11361
Record Votes: Fourteen record votes were taken today. (Total--347) 
     Pages S11269-70, S11272-75, S11294-96, S11302, S11307-09, S11315, 
                                                                 S11341
Adjournment: Senate met at 9:30 a.m., and adjourned at 8:54 p.m., until 
8:30 a.m., on Thursday, September 11, 2003. (For Senate's program, see 
the remarks of the Acting Majority Leader in today's Record on page 
S11315.)