[Congressional Record Volume 149, Number 164 (Wednesday, November 12, 2003)]
[Daily Digest]
[Pages D1265-D1268]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                       Wednesday, November 12, 2003

[[Page D1265]]

                              Daily Digest


HIGHLIGHTS

      Senate agreed to the Conference Report on H.R. 1588, National 
      Defense Authorization Act, and the Conference Report on H.R. 
      2559, Military Construction Appropriations Act, clearing both 
      measures for the President.


                                 Senate


Chamber Action
Routine Proceedings, pages S14463-S14921
Measures Introduced: On Wednesday, November 12, 2003, six bills were 
introduced, as follows: S. 1850-1855; on Thursday, November 13, 2003, 
three bills and two resolutions were introduced, as follows: S. 1856-
1858, S. Res. 266, and S. Con. Res. 81; and on Friday, November 14, 
2003, nine bills and one resolution were introduced, as follows: S. 
1859-1867, and S.J. Res. 24.
  Page S14804
Measures Reported:
  Special Report entitled ``Further Revised Allocation to Subcommittees 
of Budget Totals for Fiscal Year 2004''. (S. Rept. No. 108-195) 
                                                            Page S14804
Measures Passed:
  Basic Pilot Program Extension and Expansion Act: Senate passed S. 
1685, to extend and expand the basic pilot program for employment 
eligibility verification, after agreeing to the committee amendment in 
the nature of a substitute, and the following amendment proposed 
thereto:
  Pages S14504-06
  Bond (for Leahy/Brownback) Amendment No. 2170, to extend the duration 
of the immigrant investor regional center pilot program for 5 
additional years.
Pages S14505-06
  Adoption Promotion Act: Committee on Finance was discharged from 
further consideration of H.R. 3182, to reauthorize the adoption 
incentive payments program under part E of title IV of the Social 
Security Act, and the bill was then passed, clearing the measure for 
the President.
  Pages S14859-60
  Overseas Private Investment Corporation Amendments Act: Senate passed 
S. 1824, to amend the Foreign Assistance Act of 1961 to reauthorize the 
Overseas Private Investment Corporation.
  Pages S14860-61
  Workforce Reinvestment and Adult Education Act: Committee on Health, 
Education, Labor, and Pensions was discharged from further 
consideration of H.R. 1261, to enhance the workforce investment system 
of the Nation by strengthening one-stop career centers, providing for 
more effective governance arrangements, promoting access to a more 
comprehensive array of employment, training, and related services, 
establishing a targeted approach to serving youth, and improving 
performance accountability, and the bill was then passed, after 
striking all after the enacting clause and inserting in lieu thereof, 
the text of S. 1627, Senate companion measure, after agreeing to the 
committee amendment in the nature of a substitute.
  Page S14861-S14919
  Subsequently, S. 1627 was returned to the Senate calendar. 
                                                            Page S14919
VA-HUD Appropriations Act: Senate continued consideration of H.R. 2861, 
making appropriations for the Departments of Veterans Affairs and 
Housing and Urban Development, and for sundry independent agencies, 
boards, commissions, corporations, and offices for the fiscal year 
ending September 30, 2004, taking action on the following amendments 
proposed thereto:
  Pages S14464-81, S14496-S14504, S14506-28
Adopted:
  Craig (for Bond) Amendment No. 2156 (to Amendment No. 2150), to 
clarify the current exemption for certain nonroad agriculture and 
construction engines or vehicles that are smaller than 50 horsepower 
from an air emission regulation by California and require EPA to 
develop a national standard.
Pages S14477-81, S14496

[[Page D1266]]


  Craig Modified Amendment No. 2158 (to Amendment No. 2150), to provide 
for the enhanced review of covered pesticide products, to authorize 
fees for certain pesticide products, and to extend and improve the 
collection of maintenance fees.
Page S14496
  Bond Amendment No. 2167 (to Amendment No. 2150), to remove the 
emergency designation on VA medical care.
Page S14496
  Lautenberg Amendment No. 2171 (to Amendment No. 2150), to maintain 
enforcement personnel for the Environmental Protection Agency at the 
fiscal year 2003 level.
Pages S14506-07
  Bond (for Graham (SC)/Hollings) Amendment No. 2172 (to Amendment No. 
2150), to authorize the Secretary of Veterans Affairs to enter into an 
enhanced-use lease at the Charleston Department of Veterans Affairs 
Medical Center, Charleston, South Carolina.
Page S14507
  Bond (for Mikulski/Bond) Amendment No. 2173 (to Amendment No. 2150), 
to require notice and comment rulemaking, and prohibit disclosure of 
selection information, by the Corporation for National and Community 
Service.
Page S14507
  Bond Amendment No. 2174 (to Amendment No. 2150), to increase funds 
for the Office of Federal Housing Enterprise Oversight to conduct 
audits, investigations and examinations and to provide for additional 
emergency funds.
Pages S14510-11
  Bond (for Stevens) Amendment No. 2175 (to Amendment No. 2150), to 
provide an allocation of funding under the Native American Housing 
Assistance and Self-Determination Act of 1996 for the State of Alaska. 
                                                            Page S14511
  Bond (for Durbin/Fitzgerald) Amendment No. 2176 (to Amendment No. 
2150), to insert a provision relating to VA-Navy sharing of facilities 
at the North Chicago VA Medical Center.
Pages S14511-12
  Bond (for Murkowski) Amendment No. 2177 (to Amendment No. 2150), to 
provide housing for teachers, administrators, and other school staff in 
remote areas of Alaska since such housing is often extremely 
substandard, if it is even available at all, and rural school districts 
in Alaska are facing increased challenges, including meeting the 
mandates of the No Child Left Behind Act, and in recruiting and 
retaining employees due to a lack of housing units.
Page S14512
  Bond Amendment No. 2180 (to Amendment No. 2150), to require HUD to 
make any changes to the operating fund formula by negotiated 
rulemaking.
Pages S14518, S14520-24
  Bond (for Murkowski) Amendment No. 2181 (to Amendment No. 2150), to 
provide for the treatment of the Pioneer Homes in Alaska as a State 
home for veterans.
Pages S14520-24
  Bond (for Dorgan) Amendment No. 2182 (to Amendment No. 2150), to 
express the sense of the Senate on the access to primary health care of 
veterans living in rural and highly rural areas.
Pages S14520-24
  Bond (for Sarbanes) Amendment No. 2183 (to Amendment No. 2150), to 
express the sense of the Senate that housing vouchers are a critical 
resource and that the Department of Housing and Urban Development 
should ensure that all vouchers can be used by low-income families. 
                                                        Pages S14520-24
  Bond (for Clinton) Amendment No. 2184 (to Amendment No. 2150), to 
provide VISTA volunteers the option of receiving a national service 
educational award.
Pages S14520-24
  Bond (for Landrieu) Amendment No. 2151 (to Amendment No. 2150), to 
increase the amount of funds that may be used by States for technical 
assistance and administrative costs under the community development 
block grant program.
Pages S14520-24
  Bond (for Levin) Amendment No. 2185 (to Amendment No. 2150), to 
authorize appropriations for sewer overflow control grants. 
                                                        Pages S14520-24
  Bond (for Boxer) Amendment No. 2186 (to Amendment No. 2150), to 
express the sense of the Senate that human dosing studies of pesticides 
raises ethical and health questions.
Pages S14520-24
Withdrawn:
  Dorgan Amendment No. 2159 (to Amendment No. 2158), to permit the 
Administrator of the Environmental Protection Agency to register a 
Canadian pesticide.
Pages S14478-79
Pending:
  Bond/Mikulski Amendment No. 2150, in the nature of a substitute. 
                              Pages S14464-81, S14496-S14504, S14506-28
  Clinton Amendment No. 2152 (to Amendment No. 2150), to permit the use 
of funds for the Capital Asset Realignment for Enhanced Services 
(CARES) initiative of the Department of Veterans Affairs for purposes 
of enhanced services while limiting the use of funds for the initiative 
for purposes of the closure or reduction of services pending a 
modification of the initiative to take into account long-term care, 
domiciliary care, and mental health services and other matters. 
                                         Pages S14496-S14504, S14508-10
  During consideration of this measure today, Senate also took the 
following action:
  By 44 yeas to 49 nays (Vote No. 449), 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 Mikulski Amendment No. 2178 (to Amendment No. 
2150),

[[Page D1267]]

to provide for certain capitalization grants. 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 S14512-18
  A unanimous-consent agreement was reached providing for further 
consideration of the bill at 12 noon, on Monday, November 17, 2003. 
                                                            Page S14920
National Defense Authorization Act--Conference Report: By 95 yeas to 3 
nays (Vote No. 447), Senate agreed to the conference report on H.R. 
1588, to authorize appropriations for fiscal year 2004 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, and to prescribe 
personnel strengths for such fiscal year for the Armed Forces, clearing 
the measure for the President.
  Pages S14481-94
Military Construction Appropriations--Conference Report: By a unanimous 
vote of 98 yeas (Vote No. 448), Senate agreed to the conference report 
on H.R. 2559, making appropriations for military construction, family 
housing, and base realignment and closure for the Department of Defense 
for the fiscal year ending September 30, 2004, clearing the measure for 
the President.
  Pages S14494-96
Federal Aviation Administration Authorization--Conference Report: 
Senate began consideration of the conference report on H.R. 2115, to 
amend title 49, United States Code, to reauthorize programs for the 
Federal Aviation Administration.
  Page S14858
  A motion was entered to close further debate on the conference report 
and, in accordance with the provisions of Rule XXII of the Standing 
Rules of the Senate, a vote on cloture will occur on Monday, November 
17, 2003.
Page S14858
  A unanimous-consent agreement was reached providing the further 
consideration of the conference report at 4:30 p.m., on Monday, 
November 17, 2003; that there be one hour of debate equally divided, 
and Senate then vote on the motion to close further debate on the 
conference report.
Page S14858
Nomination Considered: Senate resumed consideration of the nomination 
of Priscilla Richman Owen, of Texas, to be United States Circuit Judge 
for the Fifth Circuit.
  Pages S14531-32, S14547-S14682, S14683-S14777
  A fourth motion was entered to close further debate on the nomination 
and, in accordance with the provisions of Rule XXII of the Standing 
Rules of the Senate, a vote on cloture will occur on Friday, November 
14, 2003.
Pages S14531-32
  By 53 yeas to 42 nays (Vote No. 450), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the fourth motion to close further debate on the nomination. 
(This action occurred on the calendar day of Friday, November 14, 2003 
during the continuous session of Wednesday, November 12, 2003.) 
                                                            Page S14777
Nomination Considered: Senate resumed consideration of the nomination 
of Carolyn B. Kuhl, of California, to be United States Circuit Judge 
for the Ninth Circuit.
  Page S14532, S14547-S14682, S14683-S14783
  A second motion was entered to close further debate on the nomination 
and, in accordance with the provisions of Rule XXII of the Standing 
Rules of the Senate, a vote on cloture will occur on Friday, November 
14, 2003.
Page S14532
  By 53 yeas to 43 nays (Vote No. 451), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the second motion to close further debate on the nomination. 
(This action occurred on the calendar day of Friday, November 14, 2003 
during the continuous session of Wednesday, November 12, 2003.) 
                                                        Pages S14777-83
Nomination Considered: Senate began consideration of the nomination of 
Janice R. Brown, of California, to be United States Circuit Judge for 
the District of Columbia Circuit. 
                              Page S14532, S14547-S14682, S14683-S14785
  A motion was entered to close further debate on the nomination and, 
in accordance with the provisions of Rule XXII of the Standing Rules of 
the Senate, a vote on cloture will occur on Friday, November 14, 2003. 
                                                            Page S14532
  By 53 yeas to 43 nays (Vote No. 452), 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. (This 
action occurred on the calendar day of Friday, November 14, 2003 during 
the continuous session of Wednesday, November 12, 2003.) 
                                                        Pages S14783-85
Nomination Considered: Senate began consideration of the nomination of 
Thomas C. Dorr, of Iowa, to be Under Secretary of Agriculture for Rural 
Development.
  Pages S14858-59
  A motion was entered to close further debate on the nomination and, 
in accordance with the provisions of Rule XXII of the Standing Rules of 
the Senate, a vote on cloture will occur on Tuesday, November 18, 2003.
                                                        Pages S14858-59
Nomination Considered: Senate began consideration of the nomination of 
Thomas C. Dorr, of Iowa,

[[Page D1268]]

to be a Member of the Board of Directors of the Commodity Credit 
Corporation.
  Pages S14858-59
  A motion was entered to close further debate on the nomination and, 
in accordance with the provisions of Rule XXII of the Standing Rules of 
the Senate, a vote on cloture will occur on Tuesday, November 18, 2003.
                                                        Pages S14858-59
Point of Order Raised: During Executive Session, Senator Gregg raised a 
point of order that a sign displayed on the minority side of the aisle 
violated provisions of Rule XVII of the Rules for Regulation of the 
Senate Wing of the United States Capitol and Senate Office Buildings. 
                                                            Page S14529
Nomination--Agreement: a unanimous-consent agreement was reached 
providing that at a time determined by the Majority Leader, with the 
concurrence of the Democratic Leader, Senate may proceed to executive 
session to begin consideration of the nomination of Maj. Gen. Robert T. 
Clark for appointment in the United States Army to the grade of 
Lieutenant General; that there be two hours equally divided between the 
Chairman and Ranking Member of the Committee on Armed Services; and 
that following the use or yielding back of time, Senate proceed to a 
vote on confirmation of the nomination; further, that following the 
confirmation vote, Senate proceed to the consideration of certain 
nominations en bloc, and the nominations then be confirmed. 
                                                            Page S14920
Messages From the President: Senate received the following message from 
the President of the United States:
  Transmitting, pursuant to law, a periodic report relative to the 
national emergency with respect to Iran which was declared in Executive 
Order No. 12170; to the Committee on Banking, Housing, and Urban 
Affairs. (PM-56)
Page S14802
Nominations Confirmed: Senate confirmed the following nomination (on 
the calendar day of Friday, November 14, 2003, during the continuous 
session of Wednesday, November 12, 2003):
  Zalmay Khalilzad, of Maryland, to be Ambassador to the Transitional 
Islamic State of Afghanistan.
Page S14921
Nominations Received: Senate received the following nominations (on the 
calendar day of Friday, November 14, 2003, during the continuous 
session of Wednesday, November 12, 2003):
  Diane S. Sykes, of Wisconsin, to be United States Circuit Judge for 
the Seventh Circuit.
  David C. Mulford, of Illinois, to be Ambassador to India. 
                                                            Page S14921
Messages From the House:
  Page S14802
Enrolled Bills Presented:
  Page S14802
Executive Communications:
  Pages S14802-04
Executive Reports of Committees:
  Page S14804
Additional Cosponsors:
  Pages S14804-07
Statements on Introduced Bills/Resolutions:
  Pages S14807-19
Additional Statements:
  Pages S14798-S14802
Amendments Submitted:
  Pages S14819-48
Notices of Hearings/Meetings:
  Page S14848
Authority for Committees to Meet:
  Pages S14848-49
Privilege of the Floor:
  Page S14849
Record Votes: Six record votes were taken today. (Total--452) 
            Pages S14493-94,  S14495-96, S14518, S14777, S14783, S14785
Adjournment: Senate met at 9:30 a.m., and adjourned at 3:06 p.m. until 
12 noon on Monday, November 17, 200d. (For Senate's Program, see the 
remarks of the Majority Leader in today's Record on page S).