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Wednesday, February 12, 2003

[Page: D120]   GPO's PDF

Measures Introduced: Twenty-one bills and two resolutions were introduced, as follows: S. 364-384, and S. Res. 55-56.

Pages S2340-41

Measures Reported:

S. Res. 56, authorizing expenditures by the Committee on the Budget.

Page S2340

Nomination Considered: Senate continued consideration of the nomination of Miguel A. Estrada, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit.

Pages S2232-S2305, S2307-34

Page S2306

Messages From the President: Senate received the following messages from the President of the United States:
Transmitting, pursuant to law, the National Drug Control Strategy for 2003; to the Committee on the Judiciary. (PM-15)

Page S2338

Nominations Received: Senate received the following nominations:
Consuelo Maria Callahan, of California, to be United States Circuit Judge for the Ninth Circuit.
Steven M. Colloton, of Iowa, to be United States Circuit Judge for the Eighth Circuit.
Harry A. Haines, of Montana, to be a Judge of the United States Tax Court for a term of fifteen years.

Page S2306

Messages From the House:

Page S2338

Measures Referred:

Page S2338

Executive Communications:

Pages S2338-40

Additional Cosponsors:

Page S2341

Statements on Introduced Bills/Resolutions:

Pages S2341-69

Additional Statements:

Pages S2335-38

Authority for Committees to Meet:

Pages S2369-70

Privilege of the Floor:

Page S2370

Adjournment: Senate met at 9:30 a.m. and adjourned at 12:45 a.m., until 11 a.m., on Thursday, February 13, 2003. (For Senate's program, see the remarks of the Acting Majority Leader in today's Record on page S2306.)

NATIONAL SECURITY THREATS

Committee on Armed Services: Committee concluded hearings in open and closed session, to examine current and future worldwide threats to the national security of the United States, after receiving testimony from George J. Tenet, Director of Central Intelligence; and Vice Adm. Lowell E. Jacoby, USN, Director, Defense Intelligence Agency.

COAST GUARD TRANSITION

Committee on Commerce, Science, and Transportation: Subcommittee on Oceans, Atmosphere, and Fisheries concluded hearings to examine the challenges and role of the United States Coast Guard with respect to its transition to the Department of Homeland Security and the Maritime Homeland Security Strategy, after receiving testimony from Admiral Thomas H. Collins, Commandant, U.S. Coast Guard, Department of Transportation; and JayEtta Z. Hecker, Director, Physical Infrastructure, General Accounting Office.

BUSINESS MEETING

Committee on Environment and Public Works: Committee met, discussed certain pending committee business, and recessed subject to the call of the Chair.

INVESTMENT INCENTIVES

Committee on Finance: Committee concluded hearings to examine proposals for economic growth and job creation, focusing on incentives for investment, after receiving testimony from former Senator Phil Gramm, UBS Warburg, New York, New York; Leon E. Panetta, California State University, Seaside, D121former Director, Office of Management and Budget; and Kevin A. Hassett, American Enterprise Institute, and William G. Gale, Brookings Institution, both of Washington, D.C.

[Page: D121]   GPO's PDF

NOMINATIONS

Committee on Finance: Committee concluded hearings on the nominations of Joseph Robert Goeke, of Illinois, to be a Judge of the United States Tax Court; Glen L. Bower, of Illinois, to be a Judge of the United States Tax Court; Daniel Pearson, of Minnesota, to be a Member of the United States International Trade Commission; Charlotte A. Lane, of West Virginia, to be a Member of the United States International Trade Commission; and Raymond T. Wagner, Jr., of Missouri, to be a Member of the Internal Revenue Service Oversight Board, Department of the Treasury, after each nominee testified and answered questions in their own behalf.

RECONSTRUCTION OF AFGHANISTAN

Committee on Foreign Relations: Committee held hearings on the restoration and rebuilding of Afghanistan, including the Afghanistan Freedom Support Act (P.L. 107-327), receiving testimony from David T. Johnson, Coordinator for Afghanistan Assistance, Department of State; Peter W. Rodman, Assistant Secretary of Defense for International Security Affairs; and Ishaq Shahryar, Ambassador of Afghanistan to the United States.
Hearings recessed subject to call.

BUSINESS MEETING

Committee on Health, Education, Labor, and Pensions: Committee ordered favorably reported the following business items:
S. 342, to amend the Child Abuse Prevention and Treatment Act to make improvements to and reauthorize programs under that Act;
S. 314, to make improvements in the Foundation for the National Institutes of Health;
S. 239, to amend the Public Health Service Act to add requirements regarding trauma care;
S. 286, to revise and extend the Birth Defects Prevention Act of 1998; and
S. 313, to amend the Federal Food, Drug, and Cosmetic Act to establish a program of fees relating to animal drugs, with an amendment in the nature of a substitute.
Also, Committee adopted its rules of procedure for the 108th Congress, and announced the following subcommittee assignments:
Subcommittee on Aging: Senators Bond (Chairman), Alexander, DeWine, Roberts, Ensign, Warner, Mikulski, Kennedy, Murray, Edwards, and Clinton.
Subcommittee on Children and Families: Senators Alexander (Chairman), Enzi, Bond, DeWine, Roberts, Sessions, Ensign, Graham (S.C.), Warner, Dodd, Harkin, Jeffords, Bingaman, Murray, Reed, Edwards, and Clinton.
Subcommittee on Employment, Safety and Training: Senators Enzi (Chairman), Alexander, Bond, Roberts, Sessions, Murray, Dodd, Harkin, and Jeffords.
Subcommittee on Substance Abuse and Mental Health Services: Senators DeWine (Chairman), Enzi, Sessions, Ensign, Kennedy, Bingaman, and Reed.

NOMINATION

Committee on Indian Affairs: Committee concluded hearings on the nomination of Ross Owen Swimmer, of Oklahoma, to be Special Trustee, Office of Special Trustee for American Indians, Department of the Interior, after the nominee, who was introduced by Senator Nickles and Representative Carson, testified and answered questions in his own behalf. Testimony was also received from Richard Sangrey and Majel Russell, both of the Intertribal Monitoring Association on Indian Trust Funds, Albuquerque, New Mexico.

NOMINATIONS

Committee on the Judiciary: Committee concluded hearings on the nominations of Timothy M. Tymkovich, of Colorado, to be United States Circuit Judge for the Tenth Circuit, who was introduced by Senators Campbell and Allard; J. Daniel Breen, to be United States District Judge for the Western District of Tennessee, who was introduced by Senator Alexander; William H. Steele, to be United States District Judge for the Southern District of Alabama, who was introduced by Senators Shelby and Sessions; Thomas A. Varlan, to be United States District Judge for the Eastern District of Tennessee, who was introduced by Senator Alexander; Timothy C. Stanceu, of Virginia, to be a Judge of the United States Court of International Trade, who was introduced by Senator Allen; and Marian Blank Horn, of Maryland, to be a Judge of the United States Court of Federal Claims, who was introduced by Representative Cannon; after each nominee testified and answered questions in their own behalf.

[Page: D122]   GPO's PDF

Measures Introduced: 43 public bills, H.R. 713-755; and 13 resolutions, H. Con. Res. 34-39, and H. Res. 67-68, 70, 72-75, were introduced.

Pages H459-63

Additional Cosponsors:

Page H463

Reports Filed: Reports were filed today as follows:
H. Res. 69, providing for consideration of H.R. 4, to reauthorize and improve the program of block grants to States for temporary assistance for needy families and improve access to quality child care (H. Rept. 108-9);
Conference report on H.J. Res. 2, making further continuing appropriations for the fiscal year 2003 (H. Rept. 108-10); and

Page H707-1276

Page H459

Guest Chaplain: The prayer was offered by Rev. Wayne Jenkins, Pastor, First Baptist Church of Alexandria, Virginia.

Page H395

Recess: the House recessed at 10:32 a.m. and reconvened at 3:05 p.m.

Page H398

Committee Resignations--Majority Members: Without objection, the Chair accepted the various resignations from the following members from certain standing committees of the House: Representative Souder from the Committee on Education and the Workforce, Representative Shays from the Committee on Science, and Representative Gibbons from the Committee on Veterans' Affairs.

Pages H406-07

Committee Resignations--Minority Members: Without objection, the Chair accepted the various resignations from the following members from certain standing committees of the House: Representative Etheridge from the Committee on Science, Representative Davis of Illinois from the Committee on Small Business, Representative Langevin from the Committee on Small Business, Representative Lofgren form the Committee on Science, Representative Andrews from the Committee on Armed Services, Delegate Norton from the Committee on Government Reform, Representative DeFazio from the Committee on Resources, Representative Meek of Florida from the Committee on the Budget, Representative Lucas of Kentucky from the Committee on Agriculture, Representative Gonzalez from the Committee on Small Business,Representative Loretta Sanchez from the Committee on Education and the Workforce, Representative Pascrell from the Committee on Small Business, Delegate Christensen from the Committee on Small Business, and Representative Markey from the Committee on Resources.

Pages H454-56

Select Committee on Homeland Security: Pursuant to the provisions of H. Res. 5, and the order of Jan. 8, 2003, the Chair announced the Speaker's appointment of the following members to the Select Committee on Homeland Security: Representative Cox, Chairman and Representatives Dunn, Young of Florida, Young of Alaska, Sensenbrenner, Tauzin, Dreier, Hunter, Rogers of Kentucky, Boehlert, Shays, Smith of Texas, Weldon of Pennsylvania, Goss, Camp, Lincoln Diaz-Balart of Florida, Goodlatte, Istook, King of New York Linder, Shadegg, Souder, Thornberry, Gibbons, Granger, Sessions, Sweeney, Turner of Texas, Thompson of Mississippi, Loretta Sanchez of California, Markey, Dicks, Frank of Massachusetts, Harman, Cardin, Slaughter, DeFazio, Mrs. Lowey, Andrews, Norton, Lofgren, McCarthy of Missouri, Jackson-Lee of Texas, Pascrell, Christensen, Etheridge, Gonzalez, Lucas of Kentucky, Langevin, and Meek of Florida.

Page H407

Do-Not-Call Implementation Act: The House passed H.R. 395, to authorize the Federal Trade Commission to collect fees for the implementation and enforcement of a ``do-not-call'' registry by a yea-and-nay vote of 418 yeas to 7 nays, Roll No. 26. The bill was considered pursuant to the unanimous consent order of Feb. 11.

Pages H407-13, H416

Suspensions: The House agreed to suspend the rules and pass the following measures:
Recognizing the Courage and Sacrifice of American POWs: H. Res. 62, recognizing the courage and sacrifice of those members of the United States Armed Forces who were held as prisoners of war during the Vietnam conflict and calling for a full accounting of the 1,902 members of the Armed Forces who remain unaccounted for from the Vietnam conflict (agreed to by a yea-and-nay vote of 424 yeas with none voting ``nay,'' Roll No. 25); and

Pages H399-H406, H415-16

Pages H413-15

Committee Election: The House agreed to H. Res. 70, electing Representative Burns to the Committee on Education and the Workforce.

Pages H416-17

Presidential Message--National Drug Control Strategy: Message wherein he transmitted the 2003 National Drug Control Strategy referred to the Committees on the Judiciary, Agriculture, Armed Forces, Financial Services, Energy and Commerce, Education and the Workforce, Government Reform, International Relations, Transportation and Infrastructure, Ways and Means, Veterans' Affairs, Permanent Select Committee on Intelligence, and Select Committee on Homeland Security.

Page H435

Recess: The House recessed at 10:01 p.m. and reconvened at 6:01 a.m. on Thursday, February 13.

Pages H456, S459

Recess: The House recessed at 6:02 a.m. on Thursday, February 13 and reconvened at 7:42 a.m. on Thursday, February 13, 2003.

Page H459

Quorum Calls--Votes: Three yea-and-nay votes developed during the proceedings of the House today and appear on pages H414-15, H415-16, and H416. There were no quorum calls.

Adjournment: The House met at 10 a.m. and adjourned at 7:43 a.m. on Thursday, February 13.

[Page: D123]   GPO's PDF

COMMITTEE ORGANIZATION; OVERSIGHT PLAN

Committee on Agriculture: Met for organizational purposes.
The Committee approved an Oversight Plan for the 108th Congress.

NATIONAL DEFENSE AUTHORIZATION BUDGET REQUEST

Committee on Armed Services: Held a hearing on the fiscal year 2004 National Defense Authorization budget request. Testimony was heard from the following officials of the Department of the Army: Thomas E. White, Secretary; and Gen. Eric K. Shinseki, USA, Chief of Staff.

TRANSPORTATION DEPARTMENT--BUDGET PRIORITIES

Committee on the Budget: Held a hearing on the Department of Transportation Budget Priorities Fiscal Year 2004. Testimony was heard from Representative Rahall; and Michael P. Jackson, Deputy Secretary, Department of Transportation.

ECONOMIC RECOVERY AND THE WORKFORCE INVESTMENT ACT

Committee on Education and the Workforce: Held a hearing on ``Back to Work: the Administration's Plan for Economic Recovery and the Workforce Investment Act.'' Testimony was heard from Elaine Chao, Secretary of Labor; and public witnesses.

PATIENT SAFETY AND QUALITY IMPROVEMENT ACT; ADMINISTRATION'S FISCAL YEAR 2004 HEALTH CARE PRIORITIES; COMMITTEE ORGANIZATION; OVERSIGHT PLAN

Committee on Energy and Commerce: Ordered reported, as amended, H.R. 663, Patient Safety and Quality Improvement Act.
The Committee held a hearing entitled ``A Review of the Administration's Fiscal Year 2004 Health Care Priorities.'' Testimony was heard from Tommy G. Thompson, Secretary of Health and Human Services.
The Committee met for further organizational purposes.
The Committee approved an Oversight Plan for the 108th Congress.

MONETARY POLICY AND THE STATE OF THE ECONOMY

Committee on Financial Services: Held a hearing on monetary policy and the state of the economy. Testimony was heard from Alan Greenspan, Chairman, Board of Governors, Federal Reserve System.

RECOVERY AND RENEWAL; PROTECTING CAPITAL MARKETS AGAINST TERRORISM POST 9/11

Committee on Financial Services: Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises held a hearing entitled ``Recovery and Renewal: Protecting the Capital Markets Against Terrorism Post 9/11.'' Testimony was heard from Davi M. D'Agostino, Director, Financial Markets and Community Investment, GAO; Robert L. D. Colby, Deputy Director, Division of Market Regulation, SEC; and public witnesses.

INTERNATIONAL AFFAIRS BUDGET REQUEST

Committee on International Relations: Held a hearing on the President's International Affairs Budget request for Fiscal Year 2004. Testimony was heard from Colin L. Powell, Secretary of State.

IVORY COAST--PROSPECTS FOR PEACE

Committee on International Relations: Subcommittee on Africa held a hearing on Prospects for Peace in Ivory Coast. Testimony was heard from Walter H. D124Kansteiner III, Assistant Secretary, Bureau of African Affairs, Department of State; Timothy W. Docking, Program Officer, Research and Studies Program, U.S. Institute of Peace; and a public witness.

[Page: D124]   GPO's PDF

HUMAN CLONING PROHIBITION ACT; COMMITTEE ORGANIZATION; OVERSIGHT PLAN

Committee on the Judiciary: Ordered reported H.R. 534, Human Cloning Prohibition Act of 2003.
Prior to this action, the Committee met for organizational purposes.
The Committee approved an Oversight Plan for the 108th Congress.

COMMITTEE ORGANIZATION; OVERSIGHT PLAN

Committee on Resources: Met for organizational purposes.
The Committee approved an Oversight Plan for the 108th Congress.

CONFERENCE REPORT--FURTHER CONTINUING APPROPRIATIONS FISCAL YEAR 2003

Committee on Rules: Granted, by voice vote, a rule waiving all points of order against the conference report to accompany H.J.Res. 2, making further continuing appropriations for the fiscal year 2003. and against its consideration. The rule provides that the conference report shall be considered as read. Finally, the rule provides that upon adoption of the conference report the House shall be considered to have adopted H. Con. Res. 35. Testimony was heard from Chairman Young of Florida.

PERSONAL RESPONSIBILITY, WORK, AND FAMILY PROTECTION ACT; OVERSIGHT PLAN

Committee on Rules: Granted, by voice vote, a modified closed rule, providing 2 hours of general debate on H.R. 4, Personal Responsibility, Work, and Family Promotion Act of 2003, with 50 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means, 40 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Education and the Workforce, and 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce. The rule waives all points of order against consideration of the bill. The rule provides that the bill shall be considered as read for amendment.
The rule makes in order only those amendments printed in the Rules Committee report accompanying the resolution, which may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, and shall not be subject to amendment. The rule waives all points of order against the amendments printed in the report, except that the adoption of an amendment in the nature of a substitute shall constitute the conclusion of consideration of the bill for amendment. Finally, the rule provides one motion to recommit with or without instructions. Testimony was heard from Representative Herger, Chairman Boehner, Representatives Castle, Cardin, Levin, Woolsey, Kind, Kucinich, Jackson-Lee of Texas, Lee, McGovern and Watson.
The Committee approved an Oversight Plan for the 108th Congress.

COMMITTEE ORGANIZATION; OVERSIGHT PLAN

Committee on Transportation and Infrastructure: Met for organizational purposes.
The Committee approved an Oversight Plan for the 108th Congress.

REAUTHORIZATION--FAA AND AVIATION PROGRAMS

Committee on Transportation and Infrastructure: Subcommittee on Aviation held a hearing on reauthorization of the FAA and the Aviation Programs: Introduction. Testimony was heard from Gerald Dillingham, Director, Civil Aviation Issues, GAO; Kenneth R. Mead, Inspector General, Department of Transportation; and Robert Walker, Chairman, Commission on the Future of the United States Aerospace Industry.

COMMITTEE ORGANIZATION

Committee on Ways and Means: Subcommittee on Select Revenue Measures met for organizational purposes.

COMMITTEE ORGANIZATION

Committee on Ways and Means: Subcommittee on Social Security met for organizational purposes.

SPACE SHUTTLE ``COLUMBIA''

Joint Hearing: Senate Committee on Commerce, Science, and Transportation and House Committee on Science Subcommittee on Space and Aeronautics held joint hearings to examine the recent space shuttle Columbia accident, focusing on the status of the D125investigation, and implications of the loss of Columbia on the nation's space exploration efforts, receiving testimony from Sean O'Keefe, Administrator, National Aeronautics and Space Administration.

[Page: D125]   GPO's PDF

Hearing recessed subject to call.

Committee on Armed Services: to hold hearings on proposed legislation authorizing funds for fiscal year 2004 for the Department of Defense, and the Future Years Defense Program, 9:30 a.m., SH-216.
Committee on the Budget: to resume hearings on the President's proposed budget for fiscal year 2004, focusing on the Department of Transportation, 2:30 p.m., SD-608.
Committee on Commerce, Science, and Transportation: organizational business meeting to consider subcommittee assignments and rules of procedure for the 108th Congress, 9:15 a.m., SR-253.

Full Committee, to hold hearings to examine United States Olympic Committee reforms, 9:30 a.m., SR-253.

Full Committee, to hold hearings to examine infrastructure needs of minority serving institutions, and S. 196, to establish a digital and wireless network technology program, 2:30 p.m., SR-253.
Committee on Energy and Natural Resources: to hold hearings to examine the President's proposed budget request for fiscal year 2004 for the Forest Service of the Department of Agriculture, 10 a.m., SD-366.

Full Committee, to hold hearings to examine oil, gas, hydrogen, and conservation, focusing on oil supply and prices, 2:30 p.m., SH-216.
Committee on Environment and Public Works: Subcommittee on Clean Air, Climate Change, and Nuclear Safety, to hold oversight hearings to examine the Nuclear Regulatory Commission, 9:30 a.m., SD-406.
Committee on Finance: to hold hearings to examine Enron, focusing on the Joint Committee on Taxation's investigative report, 10 a.m., SD-215.
Committee on the Judiciary: business meeting to consider the nomination of Deborah L. Cook, of Ohio, to be United States Circuit Judge for the Sixth Circuit, John G. Roberts, Jr., of Maryland, to be United States Circuit Judge for the District of Columbia Circuit, Jeffrey S. Sutton, of Ohio, to be United States Circuit Judge for the Sixth Circuit, Jay S. Bybee, of Nevada, to be United States Circuit Judge for the Ninth Circuit, Ralph R. Erickson, to be United States District Judge for the District of North Dakota, William D. Quarles, Jr., to be United States District Judge for the District of Maryland, Gregory L. Frost, to be United States District Judge for the Southern District of Ohio, Jeremy H.G. Ibrahim, of Pennsylvania, to be a Member of the Foreign Claims Settlement Commission of the United States, Edward F. Reilly, of Kansas, and Cranston J. Mitchell, of Missouri, both to be a Commissioner of the United States Parole Commission, S.253, to amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns, and S.113, to exclude United States persons from the definition of ``foreign power'' under the Foreign Intelligence Surveillance Act of 1978 relating to international terrorism, 11 a.m., SD-G50.
Committee on Rules and Administration: to hold an organizational business meeting, to be followed by hearings on certain proposed committee resolutions requesting funds for operating expenses, 10:30 a.m., SR-301.

Committee on the Budget, hearing on the Department of State Budget priorities Fiscal Year 2004, 10 a.m., 210 Cannon.
Committee on Education and the Workforce, to mark up the following bills: H.R. 13, Museum and Library Services Act of 2003; and H.R. 14, Keeping Children and Families Safe Act of 2003, 10 a.m., 2175 Rayburn.

Subcommittee on Employer-Employee Relations, hearing on ``The Pension Security Act: New Pension Protections to Safeguard the Retirement Savings of American Workers,'' 1 p.m., 2175 Rayburn.
Committee on Financial Services, to consider the following: H.R. 254, to authorize the President of the United States to agree to certain amendments to the Agreement between the Government of the United States of America and the Government of the United Mexican States concerning the establishment of a Border Environment Cooperation Commission and a North American Development Bank; H.R. 258, American 5-Cent Coin Design Continuity Act of 2003; H.R. 239, Brownfields Redevelopment Enhancement Act; the Hospital Mortgage Insurance Act of 2003; the Emergency Securities Response Act of 2003; and a committee print entitled ``Views and Estimates of the Committee on Financial Services on Matters to be Set Forth in the Concurrent Resolution on the Budget for Fiscal Year 2004,'' 10 a.m., 2128 Rayburn.
Committee on Government Reform, to meet for organizational purposes; and to consider the following: an Oversight Plan for the 108th Congress; and to consider the Committee's Views and Estimates of the President's Fiscal Year 2004 Budget, 2 p.m., 2154 Rayburn.
Committee on International Relations, Subcommittee on Asia and the Pacific, oversight hearing on North Korea's Nuclear Program: The Challenge to Stability in Northeast Asia, 9:30 a.m., 2172 Rayburn.
Committee on Science, hearing on An Overview of the Federal R&D; Budget for fiscal year 2004, 10 a.m., 2318 Rayburn.
Committee on Ways and Means, Subcommittee on Health, hearing on Medicare Regulatory and Contracting Reform, 12 p.m., B-318 Rayburn.

Subcommittee on Oversight, hearing on Free Electronic Filing National Taxpaper Advocate Annual Report, 3 p.m., 1100 Longworth.

[Page: D126]   GPO's PDF

Program for Thursday: Senate will continue consideration of the nomination of Miguel A. Estrada, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit. Also, Senate may consider the conference report on H.J. Res. 2, Omnibus Appropriations.

Program for Thursday: Consideration of H.R. 4, Personal Responsibility, Work and Family Promotion Act (modified closed rule, two hours of general debate); and
Consideration of the Omnibus Appropriations Conference Report to accompany H.J. Res. 2, making further continuing appropriations for fiscal year 2003 (rule waiving points of order).

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