[Congressional Record Volume 149, Number 176 (Tuesday, December 9, 2003)]
[Daily Digest]
[Pages D1351-D1355]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                          Tuesday, December 9, 2003

[[Page D1351]]


                              Daily Digest


HIGHLIGHTS:

      First Session of the 108th Congress adjourned sine die.


                                 Senate


Chamber Action
Routine Proceedings, pages S16081-S16215
Measures Introduced: Twenty-five bills and five resolutions were 
introduced, as follows: S. 1980-2004, and S. Res. 279-283. 
                                                        Pages S16119-20
Measures Reported:
  Report to accompany S. 1522, to provide new human capital flexibility 
with respect to the GAO. (S. Rept. No. 108-216)
  Report to accompany S. 1612, to establish a technology, equipment, 
and information transfer within the Department of Homeland Security. 
(S. Rept. No. 108-217)
  S. 156, to amend the Atomic Energy Act of 1954 to reauthorize the 
Price-Anderson provisions, with amendments. (S. Rept. No. 108-218)
  S. 1401, to reauthorize the National Oceanic and Atmospheric 
Administration, with amendments. (S. Rept. No. 108-219)
  S. 1879, to amend the Public Health Service Act to revise and extend 
provisions relating to mammography quality standards. (S. Rept. No. 
108-220)                                                
Pages S16118-19
Measures Passed:
  Improved Nutrition and Physical Activity Act: Senate passed S. 1172, 
to establish grants to provide health services for improved nutrition, 
increased physical activity, obesity prevention, after agreeing to the 
committee amendment in the nature of a substitute. 
                                                    Pages S16094-S16100
  Breast Cancer Postage Stamp Extension: Senate passed S. 2000, to 
extend the special postage stamp for breast cancer research for 2 
years.                                                      
  Page S16159
  Social Security Protection Act: Senate passed H.R. 743, to amend the 
Social Security Act and the Internal Revenue Code of 1986 to provide 
additional safeguards for Social Security and Supplemental Security 
Income beneficiaries with representative payees, to enhance program 
protections, after agreeing to the committee amendment in the nature of 
a substitute, and the following amendment proposed thereto: 
                                                        Pages S16159-96
  Frist (for Grassley) Amendment No. 2227, to provide for a manager's 
amendment.                                                  
Page S16142
  Welcoming Public Apologies: Senate agreed to S. Res. 237, welcoming 
the public apologies issued by the President of Serbia and Montenegro 
and the President of the Republic of Croatia and urging other leaders 
in the region to perform similar concrete acts of reconciliation. 
                                                        Pages S16196-97
  Congo Basin Forest Partnership Act: Committee on Foreign Relations 
was discharged from further consideration of H.R. 2264, to authorize 
appropriations for fiscal year 2004 to carry out the Congo Basin Forest 
Partnership program, and the bill was then passed, after agreeing to 
the following amendments proposed thereto:                  
  Page S16197
  Frist (for Alexander) Amendment No. 2228, to strike the authorization 
of appropriations for fiscal year 2005.                     
Page S16142
  Frist (for Alexander) Amendment No. 2229, to amend the title. 
                                                            Page S16142
  District of Columbia Budget Autonomy Act: Senate passed S. 1267, to 
amend the District of Columbia Home Rule Act to provide the District of 
Columbia with autonomy over its budgets, after agreeing to the 
committee amendment, and the following amendment proposed thereto: 
                                                    Pages S16197-S16200
  Frist (for Levin) Amendment No. 2230, to provide for metered cabs in 
the District of Columbia.                                   
Page S16142
  Trafficking Victim Protection Reauthorization Act: Senate passed H.R. 
2620, to authorize appropriations for fiscal years 2004 and 2005 for 
the Trafficking Victims Protection Act of 2000, clearing the measure 
for the President.                                      
  Pages S16200-01
  Arrest of Mikhail B. Khodorkovsky: Senate agreed to S. Res. 258, 
expressing the sense of the

[[Page D1352]]

Senate on the arrest of Mikhail B. Khodorkovsky by the Russian 
Federation.                                             
  Pages S16201-02
  Congratulating the San Jose Earthquakes: Senate agreed to S. Res. 
280, congratulating the San Jose Earthquakes for winning the 2003 Major 
League Soccer Cup.                                          
  Page S16202
  Prevent All Cigarette Trafficking Act: Senate passed S. 1177, to 
prevent tobacco smuggling, to ensure the collection of all tobacco 
taxes, after agreeing to the following amendment proposed thereto: 
                                                        Pages S16202-12
  Frist (for Hatch) Amendment No. 2231, to make certain improvements to 
the bill.                                                   
Page S16142
  Continuing Appropriations/Technical Corrections: Senate passed H.J. 
Res. 82, making further continuing appropriations for the fiscal year 
2004, clearing the measure for the President.               
  Page S16212
  U.S. Senate-China Interparliamentary Group: Senate agreed to S. Res. 
282, providing the funding to assist in meeting the official expenses 
of a preliminary meeting relative to the formation of a United States 
Senate-China interparliamentary group.          
  Pages S16141, S16212-13
  Child Protection: Senate agreed to S. Res. 283, affirming the need to 
protect children in the United States from indecent programming. 
                                                Pages S16141-42, S16213
  Printing Authority: Senate agreed to H. Con. Res. 345, authorizing 
the printing as a House document of the transcripts of the proceedings 
of ``The Changing Nature of the House Speakership: The Cannon Centenary 
Conference'', sponsored by the Congressional Research Service on 
November 12, 2003.                                          
  Page S16213
  Relative to the Death of the Honorable Paul Simon: Senate agreed to 
S. Res. 281, relative to the death of the Honorable Paul Simon, a 
former Senator from the State of Illinois.      
  Pages S16141, S16213-14
Agriculture Appropriations Act (Omnibus Appropriations)--Conference 
Report: Senate began consideration of the conference report to 
accompany H.R. 2673, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2004.                      
  Page S16083
  A motion was entered to close further debate on the conference report 
and, notwithstanding the provisions of Rule XXII of the Standing Rules 
of the Senate, a vote on cloture will occur on Tuesday, January 20, 
2004 at 3 p.m.                                              
Page S16083
  A unanimous-consent agreement was reached providing for further 
consideration of the conference report at 12 noon, on Tuesday, January 
20, 2004.                                                   
Page S16214
Poison Control Center Enhancement and Awareness Act Amendments: Senate 
concurred in the amendment of the House to S. 686, to provide 
assistance for poison prevention and to stabilize the funding of 
regional poison control centers.                            
  Page S16201
Pension Funding Equity Act--Agreement: A unanimous-consent agreement 
was reached providing that at a time determined by the Majority Leader, 
after consultation with the Democratic Leader, Senate begin 
consideration of H.R. 3108, to amend the Employee Retirement Income 
Security Act of 1974 and the Internal Revenue Code of 1986 to 
temporarily replace the 30-year Treasury rate with a rate based on 
long-term corporate bonds for certain pension plan funding requirements 
and other provisions, and that the only amendments in order relate to 
the pension discount rate, deficit reduction contribution relief, and 
multi-employer plan relief.                                 
  Page S16150
Authority for Committees--Agreement: A unanimous-consent agreement was 
reached providing that notwithstanding the sine die adjournment of the 
Senate, all committees were authorized to file legislative and 
executive reports during the sine die adjournment of the Senate on 
Friday, January 9, 2004, from 10 a.m. until 12 noon.        
  Page S16159
Appointment Authority--Agreement: A unanimous-consent agreement was 
reached providing that notwithstanding the sine die adjournment of the 
Senate, the President of the Senate, the President 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 S16159
Signing Authority--Agreement: A unanimous-consent agreement was reached 
providing that during the sine die adjournment of the Senate, the 
Majority Leader be authorized to sign duly enrolled bills or joint 
resolutions.                                                
  Page S16159
Nominations--Agreement: A unanimous-consent agreement was reached 
providing that during the sine die adjournment of the Senate, all 
nominations remain status quo with certain exceptions.      
  Page S16150

[[Page D1353]]

Nominations--Agreement: A unanimous-consent agreement was reached 
providing that the nomination of Rhonda Keenum, of Mississippi, to be 
Assistant Secretary of Commerce and Director General of the United 
States and Foreign Commercial Services, be jointly referred to the 
Committee on Commerce, Science, and Transportation, and the Committee 
on Banking, Housing, and Urban Affairs.                     
  Page S16158
Removal of Injunction of Secrecy: The injunction of secrecy was removed 
from the following treaties:
  Additional Protocol to Investment Treaty with Romania (Treaty Doc. 
No. 108-13), and
  Taxation Convention with Japan (Treaty Doc. No. 108-14)
  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.                                                
Pages S16158-59
Messages From the President: Senate received the following message from 
the President of the United States:
  Transmitting, pursuant to law, the Annual Report of the Railroad 
Retirement Board for the fiscal year ending September 30, 2002; to the 
Committee on Health, Education, Labor, and Pensions. (PM-58) 
                                                            Page S16117
Appointments:
Commission on Review of Overseas Military Facility Structure of the 
United States: The Chair, on behalf of the Democratic Leader, pursuant 
to Public Law 108-132, appointed the following individuals to the 
Commission on Review of Overseas Military Facility Structure of the 
United States: Al Cornella, of South Dakota, and James A. Thomson, of 
California.                                                 
  Page S16159
National Prison Rape Reduction Commission: The Chair, on behalf of the 
Majority Leader, in consultation with the Democratic Leader and 
pursuant to Public Law 108-79, appointed the following individual: 
Gustavus Adolphus Puryear, IV, of Tennessee, to the National Prison 
Rape Reduction Commission for a term of two years.          
  Page S16159
National Prison Rape Reduction Commission: The Chair, on behalf of the 
Democratic Leader, after consultation with the Majority Leader and 
pursuant to Public Law 108-79, appointed the following individuals to 
the National Prison Rape Reduction Commission: James Evan Aiken, of 
North Carolina, and Cindy Struckman-Johnson of South Dakota. 
                                                            Page S16159
Nominations Confirmed: Senate confirmed the following nominations:
  Bruce E. Kasold, of Virginia, to be a Judge of the United States 
Court of Appeals for Veterans Claims for the term prescribed by law.
  Cheryl Feldman Halpern, of New Jersey, to be a Member of the Board of 
Directors of the Corporation for Public Broadcasting for a term 
expiring January 31, 2008.
  Lawrence B. Hagel, of Virginia, to be a Judge of the United States 
Court of Appeals for Veterans Claims for the term prescribed by law.
  Ephraim Batambuze, of Illinois, to be a Member of the Board of 
Directors of the African Development Foundation for a term expiring 
February 9, 2008.
  John W. Leslie, Jr., of Connecticut, to be a Member of the Board of 
Directors of the African Development Foundation for a term expiring 
September 22, 2007.
  Elizabeth Courtney, of Louisiana, to be a Member of the Board of 
Directors of the Corporation for Public Broadcasting for the remainder 
of the term expiring January 31, 2004.
  Elizabeth Courtney, of Louisiana, to be a Member of the Board of 
Directors of the Corporation for Public Broadcasting for a term 
expiring January 31, 2010. (Reappointment)
  Charles Darwin Snelling, of Pennsylvania, to be a Member of the Board 
of Directors of the Metropolitan Washington Airports Authority for the 
remainder of the term expiring May 30, 2006.
  D. Michael Fisher, of Pennsylvania, to be United States Circuit Judge 
for the Third Circuit.
  Howard Radzely, of Maryland, to be Solicitor for the Department of 
Labor.
  Thomas J. Curry, of Massachusetts, to be a Member of the Board of 
Directors of the Federal Deposit Insurance Corporation for a term of 
six years.
  Alicia R. Castaneda, of the District of Columbia, to be a Director of 
the Federal Housing Finance Board for a term expiring February 27, 
2004.
  Alicia R. Castaneda, of the District of Columbia, to be a Director of 
the Federal Housing Finance Board for a term expiring February 27, 
2011. (Reappointment)
  Jackie Wolcott Sanders, for the rank of Ambassador during her tenure 
of service as United States Representative to the Conference on 
Disarmament and the Special Representative of the President of the 
United States for Non-Proliferation of Nuclear Weapons.
  Rixio Enrique Medina, of Oklahoma, to be a Member of the Chemical 
Safety and Hazard Investigation Board for a term of five years.
  Scott J. Bloch, of Kansas, to be Special Counsel, Office of Special 
Counsel, for the term of five years.

[[Page D1354]]


  Federico Lawrence Rocha, of California, to be United States Marshal 
for the Northern District of California for the term of four years.
  George W. Miller, of Virginia, to be a Judge of the United States 
Court of Federal Claims for the term of fifteen years.
  Karan K. Bhatia, of Maryland, to be an Assistant Secretary of 
Transportation.
  Jennifer Young, of Ohio, to be an Assistant Secretary of Health and 
Human Services.
  William J. Hudson, of Virginia, to be Ambassador to the Republic of 
Tunisia.
  Hector E. Morales, of Texas, to be United States Alternate Executive 
Director of the Inter-American Development Bank.
  Michael O'Grady, of Maryland, to be an Assistant Secretary of Health 
and Human Services.
  David Eisner, of Maryland, to be Chief Executive Officer of the 
Corporation for National and Community Service.
  Read Van de Water, of North Carolina, to be a Member of the National 
Mediation Board for a term expiring July 1, 2006.
  David Wayne Anderson, of Minnesota, to be an Assistant Secretary of 
the Interior.
  Louise V. Oliver, of the District of Columbia, for the rank of 
Ambassador during her tenure of service as the United States Permanent 
Representative to the United Nations Educational, Scientific, and 
Cultural Organization.
  David L. Huber, of Kentucky, to be United States Attorney for the 
Western District of Kentucky for the term of four years.
  William K. Sessions III, of Vermont, to be a Member of the United 
States Sentencing Commission for a term expiring October 31, 2009. 
(Reappointment)
  Mary Kramer, of Iowa, to be Ambassador to Barbados and to serve 
concurrently and without additional compensation as Ambassador to St. 
Kitts and Nevis, Saint Lucia, Antigua and Barbuda, the Commonwealth of 
Dominica, Grenada, and Saint Vincent and the Grenadines.
  Jeffrey A. Rosen, of Virginia, to be General Counsel of the 
Department of Transportation.
  Edward B. O'Donnell, Jr., of Tennessee, a Career Member of the Senior 
Foreign Service, Class of Counselor, for the rank of Ambassador during 
his tenure of service as Special Envoy for Holocaust Issues.
  Paul S. DeGregorio, of Missouri, to be a Member of the Election 
Assistance Commission for a term of two years. (New Position)
  Gracia M. Hillman, of the District of Columbia, to be a Member of the 
Election Assistance Commission for a term of two years. (New Position)
  Raymundo Martinez III, of Texas, to be a Member of the Election 
Assistance Commission for a term of four years. (New Position)
  Deforest B. Soaries, Jr., of New Jersey, to be a Member of the 
Election Assistance Commission for a term of four years. (New Position)
  Jon R. Purnell, of Massachusetts, to be Ambassador to the Republic of 
Uzbekistan.
  Thomas Thomas Riley, of California, to be Ambassador to the Kingdom 
of Morocco.
  Margaret Scobey, of Tennessee, to be Ambassador to the Syrian Arab 
Republic.
  Margaret DeBardeleben Tutwiler, of Alabama, to be Under Secretary of 
State for Public Diplomacy.
  Marguerita Dianne Ragsdale, of Virginia, to be Ambassador to the 
Republic of Djibouti.
  Timothy John Dunn, of Illinois, a Career Member of the Senior Foreign 
Service, Class of Counselor, for the rank of Ambassador during his 
tenure of service as Deputy Permanent Representative to the 
Organization of American States.
  Stuart W. Holliday, of Texas, to be Alternate Representative of the 
United States of America for Special Political Affairs in the United 
Nations, with the rank of Ambassador.
  James Curtis Struble, of California, to be Ambassador to the Republic 
of Peru.
  James B. Comey, of New York, to be Deputy Attorney General.
  Carol Kinsley, of Massachusetts, to be a Member of the Board of 
Directors of the Corporation for National and Community Service for a 
term expiring October 6, 2006.
  Arnold I. Havens, of Virginia, to be General Counsel for the 
Department of the Treasury.
  Steven J. Law, of the District of Columbia, to be Deputy Secretary of 
Labor.
  David C. Mulford, of Illinois, to be Ambassador to India. (Prior to 
this action, Committee on Foreign Relations was discharged from further 
consideration.)
  James C. Oberwetter, of Texas, to be Ambassador to the Kingdom of 
Saudi Arabia. (Prior to this action, Committee on Foreign Relations was 
discharged from further consideration.)
  Joseph Max Cleland, of Georgia, to be a Member of the Board of 
Directors of the Export-Import Bank of the United States for a term 
expiring January 20, 2007. (Prior to this action, Committee on Banking, 
Housing, and Urban Affairs was discharged from further consideration.)
  April H. Foley, of New York, to be First Vice President of the 
Export-Import Bank of the United States for the remainder of the term 
expiring January 20, 2005. (Prior to this action, Committee on Banking, 
Housing, and Urban Affairs was discharged from further consideration.) 
                                                        Pages S16214-15

[[Page D1355]]

Nominations Received: Senate received the following nominations:
  Samuel W. Bodman, of Massachusetts, to be Deputy Secretary of the 
Treasury.
  Robert Jepson, of Georgia, to be a Member of the Internal Revenue 
Service Oversight Board for a term expiring September 14, 2008.
  Paul Jones, of Colorado, to be a Member of the Internal Revenue 
Service Oversight Board for a term expiring September 14, 2008.
  Charles L. Kolbe, of Iowa, to be a Member of the Internal Revenue 
Service Oversight Board for the remainder of the term expiring 
September 14, 2004.
  Donald Korb, of Ohio, to be Chief Counsel for the Internal Revenue 
Service and an Assistant General Counsel in the Department of the 
Treasury.
  Brian Carlton Roseboro, of New Jersey, to be an Under Secretary of 
the Treasury.
  Lisa Kruska, of Virginia, to be an Assistant Secretary of Labor.
  LaFayette Collins, of Texas, to be United States Marshal for the 
Western District of Texas for the term of four years.
  Peter W. Hall, of Vermont, to be United States Circuit Judge for the 
Second Circuit.
  James L. Robart, of Washington, to be United States District Judge 
for the Western District of Washington.
  Ronald J. Tenpas, of Illinois, to be United States Attorney for the 
Southern District of Illinois for a term of four years.
  Rhonda Keenum, of Mississippi, to be Assistant Secretary of Commerce 
and Director General of the United States and Foreign Commercial 
Services.
  2 Air Force nominations in the rank of general.           
Page S16214
Nominations Withdrawn: Senate received notification of withdrawal of 
the following nominations:
  Susan C. Schwab, of Maryland, to be Deputy Secretary of the Treasury, 
which was sent to the Senate on July 17, 2003.              
Page S16215
Nominations Returned to the President: The following nominations were 
returned to the President failing of confirmation under Senate Rule 
XXXI at the time of the adjournment of the 108th Congress:
  Claude A. Allen, Deputy Secretary of Health and Human Services, to be 
a Member of the Board of Directors of the African Development 
Foundation.
  Claude A. Allen, of Virginia, to be United States Circuit Judge for 
the Fourth Circuit.
  Jeane J. Kirkpatrick, of Maryland, for the rank of Ambassador during 
her tenure of service as Representative of the United States of America 
on the Human Rights Commission of the Economic and Social Council of 
the United Nations.
  Louise V. Oliver, of the District of Columbia, to be a Representative 
of the United States of America to the Thirty-second Session of the 
General Conference of the United Nations Educational, Scientific, and 
Cultural Organization.
  Peter Eide, of Maryland, to be General Counsel of the Federal Labor 
Relations Authority.
  Neil McPhie, of Virginia, to be a Member of the Merit Systems 
Protection Board.
  David B. Rivkin, Jr., of Virginia, to be a Member of the Foreign 
Claims Settlement Commission of the United States.
  Susanne T. Marshall, of Virginia, to be Chairman of the Merit Systems 
Protection Board.
  Albert Casey, of Texas, to be a Governor of the United States Postal 
Service.
  James C. Miller III, of Virginia, to be a Governor of the United 
States Postal Service.
  Louis S. Thompson, of Maryland, to be a Member of the Reform Board 
(Amtrak).
  Kirk Van Tine, of Virginia, to be Deputy Secretary of Transportation.
  2 Air Force nominations in the rank of general.
  2 Army nominations in the rank of general.                
Page S16150
Measures Referred:                                          
  Page S16118
Enrolled Bills Presented:                                   
  Page S16118
Additional Cosponsors:                                  
  Pages S16120-22
Statements on Introduced Bills/Resolutions:             
  Pages S16122-42
Additional Statements:                                  
  Pages S16109-17
Amendments Submitted:                                   
  Pages S16142-50
Authority for Committees to Meet:                           
  Page S16150
Adjournment Sine Die: Senate met at 10 a.m., and, in accordance with 
the provisions of H. Con. Res. 339, and as a further mark of respect to 
the memory of the late Honorable Paul Simon, former United States 
Senator from the State of Illinois, in accordance with S. Res. 281, 
adjourned at 7:33 p.m., until 12 noon, on Tuesday, January 20, 2004. 
                                                            Page S16214