[Congressional Record Volume 150, Number 70 (Tuesday, May 18, 2004)]
[Daily Digest]
[Pages D521-D523]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                        House of Representatives


Chamber Action
Measures Introduced: 11 public bills, H.R. 4378-4388; and 4 
resolutions, H. Con. Res. 429-430, and H. Res. 646-647 were introduced.
                                                             Page H3229
Additional Cosponsors:
  Pages H3229-30
Reports Filed: Reports were filed today as follows:
  Conference report on S. Con. Res. 95, setting forth the congressional 
budget for the United States Government for fiscal year 2005 and 
including the appropriate budgetary levels for fiscal years 2006 
through 2009 (H. Rept. 108-498);
  H. Res. 648, providing for consideration of H.R. 4200, to authorize 
appropriations for fiscal year 2005 for military activities of the 
Department of Defense, to prescribe military personnel strengths for 
fiscal year 2005 (H. Rept. 108-499); and
  H. Res. 649, providing for consideration of the conference report to 
accompany S. Con. Res. 95, original concurrent resolution setting forth 
the congressional budget for the United States Government for fiscal 
year 2005 and including the appropriate budgetary levels for fiscal 
years 2006 through 2009 (H. Rept. 108-500).
Pages H3187-H3227, H3229

[[Page D522]]

Speaker: Read a letter from the Speaker wherein he appointed 
Representative Bishop of Utah to act as Speaker pro tempore for today. 
                                                             Page H3095
Chaplain: The prayer was offered today by Rev. Maury Davis, Pastor, 
Cornerstone Church in Madison, Tennessee.
  Page H3095
Recess: The House recessed at 9:01 a.m. and reconvened at 10 a.m. 
                                                             Page H3095
Occupational Safety and Health Small Business Day in Court Act of 2004: 
The House passed H.R. 2728, amended, to amend the Occupational Safety 
and Health Act of 1970 to provide for adjudicative flexibility with 
regard to an employer filing of a notice of contest following the 
issuance of a citation by the Occupational Safety and Health 
Administration, by a yea-and-nay vote of 251 yeas to 177 nays, Roll No. 
183.
  Pages H3107-15, S3160-61, 
  Pursuant to the rule, the amendment in the nature of a substitute 
recommended by the Committee on Education and the Workforce that is 
printed in the bill was considered as adopted.
Page H3108
  Pursuant to section 6 of H. Res. 645, the text of H.R. 2729, H.R. 
2730, H.R. 2731, and H.R. 2432 will be appended to the engrossment of 
H.R. 2728; and H.R. 2729, H.R. 2730, H.R. 2731, and H.R. 2432 are laid 
on the table.
Page H3161
  Also pursuant to section 6 of H. Res. 645, the title of H.R. 2728 is 
conformed to reflect the additions of the text of all the bills. 
Conformed so as to read: to amend the Occupational Safety and Health 
Act of 1970 to provide for adjudicative flexibility with regard to an 
employer filing of a notice of contest following the issuance of a 
citation by the Occupational Safety and Health Administration; to 
provide for greater efficiency at the Occupational Safety and Health 
Review Commission; to provide for an independent review of citations 
issued by the Occupational Safety and Health Administration; to provide 
for the award of attorney's fees and costs to very small employers when 
they prevail in litigation prompted by the issuance of citations by the 
Occupational Safety and Health Administration; and to amend the 
Paperwork Reduction Act and titles 5 and 31, United States Code, to 
reform Federal paperwork and regulatory processes.
  H. Res. 645, the rule providing for consideration of the bill was 
agreed to by a yea-and-nay vote of 219 yeas to 195 nays, Roll No. 180. 
                                                      Pages H3099-H3105
Occupational Safety and Health Review Commission Efficiency Act of 
2004: The House passed H.R. 2729, amended, to amend the Occupational 
Safety and Health Act of 1970 to provide for greater efficiency at the 
Occupational Safety and Health Review Commission, by a yea-and-nay vote 
of 228 yeas to 199 nays, Roll No. 184.
  Pages H3115-23, H3130-31
  Pursuant to the rule, the amendment in the nature of a substitute 
recommended by the Committee on Education and the Workforce that is 
printed in the bill, modified by the amendment printed in part A of H. 
Rept. 108-497 was considered as adopted.
Page H3115
  H. Res. 645, the rule providing for consideration of the bill was 
agreed to by a yea-and-nay vote of 219 yeas to 195 nays, Roll No. 180. 
                                                      Pages H3099-H3105
Occupational Safety and Health Independent Review of OHSA Citiations 
Act of 2004: The House passed H.R. 2730, amended, to amend the 
Occupational Safety and Health Act of 1970 to provide for an 
independent review of citations issued by the Occupational Safety and 
Health Administration, by a yea-and-nay vote of 224 yeas to 204 nays, 
Roll No. 185.
  Pages H3124-30, H3131-32
  Pursuant to the rule, the amendment recommended by the Committee on 
Education and the Workforce that is printed in the bill, as modified by 
the amendment printed in part B of H. Rept. 108-497 was considered as 
adopted.
Page H3124
  H. Res. 645, the rule providing for consideration of the bill was 
agreed to by a yea-and-nay vote of 219 yeas to 195 nays, Roll No. 180. 
                                                      Pages H3099-H3105
Occupational Safety and Health Small Employer Access to Justice Act of 
2004: The House passed H.R. 2731, amended, to amend the Occupational 
Safety and Health Act of 1970 to provide for the award of attorney's 
fees and costs to very small employers when they prevail in litigation 
prompted by the issuance of citations by the Occupational Safety and 
Health Administration, by a yea-and-nay vote of 233 yeas to 194 nays, 
Roll No. 189.
  Pages H3132-40, H3160-61
  Pursuant to the rule, the amendment in the nature of a substitute 
recommended by the Committee on Education and the Workforce that is 
printed in the bill, as modified by the amendment printed in part C of 
H. Rept. 108-497 was considered as adopted.
Page H3133
  H. Res. 645, the rule providing for consideration of the bill was 
agreed to by a yea-and-nay vote of 219 yeas to 195 nays, Roll No. 180. 
                                                      Pages H3099-H3105
Paperwork and Regulatory Improvements Act of 2003: The House passed 
H.R. 2432, to amend the Paperwork Reduction Act and titles 5 and 31, 
United States Code, to reform Federal paperwork and regulatory 
processes, by a yea-and-nay vote of 373 yeas to 54 nays, Roll No. 188. 
                                                       Pages H3141-3160

[[Page D523]]


  The amendment in the nature of a substitute recommended by the 
Committee on Government Reform that is printed in the bill was 
considered as an original bill for the purpose of amendment. 
                                                         Pages H3152-53
  Agreed to the Ose amendment (No. 1 printed in part D of H. Rept. 108-
497) that authorizes annual funding for the General Accounting Office's 
regulatory analysis function and removes the requirement for the Office 
of Management and Budget to integrate its annual regulatory accounting 
statement and associated report into the President's fiscal budget 
documents.
Pages H3153-55
  Rejected the Waxman amendment (No. 2 printed in part D of H. Rept. 
108-497) that sought to create an expert commission to study the 
politicization of science and make recommendations for how to protect 
science in the regulatory process from political and ideological 
manipulation and interference, by a recorded vote of 201 ayes to 226 
noes, Roll No. 187.
Pages H3155-60
  H. Res. 645, the rule providing for consideration of the bill was 
agreed to by a yea-and-nay vote of 219 yeas to 195 nays, Roll No. 180. 
                                                       Page H3099-H3105
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Act, 2004--Motion to Instruct 
Conferees: The House agreed to table the George Miller of California 
motion to instruct conferees on 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, by a 
recorded vote of 216 ayes to 199 noes, Roll No. 181.
                                                       Pages H3106-3107
Suspension Failed--Undocumented Alien Emergency Medical Assistance 
Amendments of 2004: The House failed to suspend the rules and pass H.R. 
3722, to amend section 1011 of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 to impose conditions on 
Federal reimbursement of emergency health services furnished to 
undocumented aliens, which was debated on Monday, May 17, by a \2/3\ 
yea-and-nay vote of 88 yeas to 331 nays, Roll No. 182.
                                                             Page H3107
Suspensions: The House agreed to suspend the rules and pass the 
following measures which were debated on Monday, May 17:
  Oscar Scott Woody Post Office Building Designation Act: H.R. 3740, to 
designate the facility of the United States Postal Service located at 
223 South Main Street in Roxboro, North Carolina, as the ``Oscar Scott 
Woody Post Office Building'', by a \2/3\ yea-and-nay vote of 422 yeas 
with none voting ``nay'', Roll No. 186; and
  Page H3132
  Bobby Marshall Gentry Post Office Building Designation Act: H.R. 
4176, to designate the facility of the United States Postal Service 
located at 122 West Elwood Avenue in Raeford, North Carolina, as the 
``Bobby Marshall Gentry Post Office Building'', by a \2/3\ yea-and-nay 
vote of 421 yeas with none voting ``nay'', Roll No. 190. 
                                                         Pages H3161-62
Budget Resolution for FY 2005--Motion to Instruct Conferees: The House 
debated the Stenholm motion to instruct conferees on S. Con. Res. 95, 
original concurrent resolution setting forth the congressional budget 
for the United States Government for fiscal year 2005 and including the 
appropriate budgetary levels for fiscal years 2006 through 2009. 
Further proceedings were postponed until Wednesday, May 19. 
                                                         Pages H3162-68
  Representative Price of North Carolina announced his intention to 
offer a motion to instruct on the measure.
Page H3162
Senate Message: Message received from the Senate today appears on page 
H3095.
Senate Referral: S. Con. Res. 103 was referred to the Committee on 
Education and the Workforce.
Amendments: Amendment ordered printed pursuant to the rule appears on 
page H3230.
Quorum Calls--Votes: Nine yea-and-nay votes and two recorded votes 
developed during the proceedings of today and appear on pages H3105, 
H3106-3107, H3107, H3130, H3130-31, H3131-32, H3132, H3159-60, H3160, 
H3160-61, and H3161-62. There were no quorum calls.
Recess: The House recessed at 11:36 p.m. and reconvened at 6:08 a.m. on 
Wednesday, May 19.
                                                     Pages H3185, H3187
Recess: The House recessed at 6:09 a.m. on Wednesday, May 19 and 
reconvened at 9:54 a.m.
                                                            Pages H3228
Adjournment: The House met at 9 a.m. and adjourned at 9:55 a.m. on 
Wednesday, May 19.