December 5, 2001 - Issue: Vol. 147, No. 167 — Daily Edition107th Congress (2001 - 2002) - 1st Session
Wednesday, December 5, 2001
- The House and Senate passed H.J. Res. 76, making further continuing appropriations through December 15--clearing the measure for the President.
S. 1382, to amend title 11, District of Columbia Code, to redesignate the Family Division of the Superior Court of the District of Columbia as the Family Court of the Superior Court, to recruit and retain trained and experienced judges to serve in the Family Court, to promote consistency and efficiency in the assignment of judges to the Family Court and in the consideration of actions and proceedings in the Family Court, with an amendment in the nature of a substitute. (S. Rept. No. 107–107)
H.R. 2657, to amend title 11, District of Columbia Code, to redesignate the Family Division of the Superior Court of the District of Columbia as the Family Court of the Superior Court, to recruit and retain trained and experienced judges to serve in the Family Court, to promote consistency and efficiency in the assignment of judges to the Family Court and in the consideration of actions and proceedings in the Family Court, with an amendment in the nature of a substitute. (S. Rept. No. 107–108)
Railroad Retirement and Survivors' Improvement Act: By 90 yeas to 9 nays (Vote No. 351), Senate passed H.R. 10, to modernize the financing of the railroad retirement system and to provide enhanced benefits to employees and beneficiaries, after taking action on the following amendment proposed thereto:
Daschle (for Hatch/Baucus) Amendment No. 2170, in the nature of a substitute.
During consideration of this measure, Senate also took the following action:
By 80 yeas to 19 nays (Vote No. 350), three-fifths of those Senators duly chosen and sworn having voted in the affirmative, Senate agreed to the motion to waive section 302(f) of the Congressional Budget Act of 1974 with respect to consideration of Daschle (for Hatch/Baucus) Amendment No. 2170 (listed above). Subsequently, a point of order that the amendment was in violation of section 302(f) of the Congressional Budget Act of 1974 was rejected.
Continuing Appropriations: Senate passed H.J. Res. 76, making further continuing appropriations for the fiscal year 2002, clearing the measure for the President.
U.S.-Israel Solidarity: Senate agreed to S. Con. Res. 88, expressing solidarity with Israel in the fight against terrorism.
Federal Farm Bill: Senate resumed consideration of the motion to proceed to consideration of S. 1731, to strengthen the safety net for agricultural producers, to enhance resource conservation and rural development, to provide for farm credit, agricultural research, nutrition, and related programs, and to ensure consumers abundant food and fiber.
During consideration of this measure today, Senate also took the following action:
By 73 yeas to 26 nays (Vote No. 352), three-fifths of those Senators duly chosen and sworn having voted in the affirmative, Senate agreed to the motion to close further debate on the motion to proceed to consideration of the bill.
A unanimous-consent agreement was reached providing that at 12 noon, on Thursday, December 6, 2001, Senate agree to the motion to proceed to the consideration of S. 1731 (listed above), and then proceed to consideration of H.R. 3338, making appropriations for the Department of Defense for the fiscal year ending September 30, 2002, provided further that no amendments be in order to S. 1731 prior to Tuesday, December 11, 2001.
Treaties Approved: The following treaties having passed through their various parliamentary stages, up to and including the presentation of the resolution of ratification, upon division, two-thirds of the Senators present and having voted in the affirmative, the resolutions of ratification were agreed to:
International Convention for Suppression of Financing Terrorism (Treaty Doc. 106–49) with one reservation, two understandings, and three conditions.
Congressional Award Board: The Chair, on behalf of the Majority Leader, pursuant to Public Law 96–114, as amended, announced the appointment of Kevin B. Lefton, of Virginia, to the Congressional Award Board, vice John Falk.
Nominations Confirmed: Senate confirmed the following nomination:
John P. Walters, of Michigan, to be Director of National Drug Control Policy.
Pages S12439–43, S12464
Nominations Received: Senate received the following nominations:
Randal Quarles, of Utah, to be a Deputy Under Secretary of the Treasury.
34 Army nominations in the rank of general.
Routine lists in the Army.
Messages From the House:
Measures Placed on Calendar:
Statements on Introduced Bills/Resolutions:
Authority for Committees to Meet:
Privilege of the Floor:
Record Votes: Three record votes were taken today. (Total--352)
Pages S12393, S12394, S12406
Adjournment: Senate met at 9:30 a.m., and adjourned at 8:05 p.m., until 10:30 a.m., on Thursday, December 6, 2001. (For Senate's program, see the remarks of the Acting Majority Leader in today's Record on page S12464.)
NORTHERN BORDER SECURITY
Committee on Appropriations: Subcommittee on Treasury and General Government concluded hearings to examine United States northern border security policy, focusing on ports of entry, security personnel, and compatible communication equipment for American and Canadian law-enforcement authorities, after receiving testimony from Senators Schumer, Clinton, and Stabenow; North Dakota Governor John Hoeven, Bismarck; Vermont Governor Howard Dean, Montpelier; and Michigan Lieutenant Governor Dick Posthumus, Lansing.
Committee on Commerce, Science, and Transportation: Subcommittee on Science, Technology, and Space concluded hearings to examine the response of the technology sector in times of crisis, focusing on the successes and failures in the aftermath of the events of September 11, 2001, after receiving testimony from John H. Marburger III, Director, Office of Science and Technology Policy; Joe M. Allbaugh, Director, and Ron Miller, Chief Information Officer, both of the Federal Emergency Management Agency; Will Pelgrin, State of New York Governor's Office of Technology, Albany; Craig O. McCaw, Eagle River, Inc., Kirkland, Washington; Roger Cochetti, Jr., Verisign, Inc., and Stephen J. Rohleder, Accenture, both of Washington, D.C.; Julie Coppernoll, Intel Corporation, Santa Clara, California; and Sarah Roche, UPOC, and Joe Sandri, WinStar, both of New York, New York.
Committee on Energy and Natural Resources: Committee concluded hearings on the nominations of Margaret S.Y. Chu, of New Mexico, to be Director of the Office of Civilian Radioactive Waste Management, and Beverly Cook, of Idaho, to be Assistant Secretary for Environment, Safety and Health, both of the Department of Energy, and Jeffrey D. Jarrett, of Pennsylvania, to be Director of the Office of Surface Mining Reclamation and Enforcement, and Rebecca W. Watson, of Montana, to be Assistant Secretary for Land and Minerals Management, both of the Department of the Interior, after the nominees testified and answered questions in their own behalf. Ms. Chu was introduced by Senator Domenici, Ms. Cook was introduced by Senator Craig, and Ms. Watson was introduced by Senator Watson.
Committee on the Judiciary: Committee concluded hearings on the nominations of Callie V. Granade, to be United States District Judge for the Southern District of Alabama, Marcia S. Krieger, to be United States District Judge for the District of Colorado, James C. Mahan, to be United States District Judge for the District of Nevada, Philip R. Martinez, to be United States District Judge for the Western District of Texas, C. Ashley Royal, to be United States District Judge for the Middle District of Georgia, and Mauricio J. Tamargo, of Florida, to be Chairman of the Foreign Claims Settlement Commission of the United States, Department of Justice, after the nominees testified and answered questions in their own behalf. Ms. Granade was introduced by Senator Sessions, Ms. Krieger was introduced by Senators Campbell and Allard, Mr. Mahan was introduced by Senators Reid and Ensign, Mr. Martinez was introduced by Senators Gramm and Hutchison, Mr. Royal was introduced by Senators Cleland and Miller, and Mr. Tamargo was introduced by Senators Graham and Warner, and Representatives Ros-Lehtinen and Meek.
Committee on the Judiciary: Subcommittee on Crime and Drugs concluded hearings to examine the future of the Community Oriented Policing Services (COPS) program of the Department of Justice, focusing on a comprehensive study chronicling its relationship to local and national crime rates, after receiving testimony from Viet D. Dinh, Assistant Attorney General, Office of Legal Policy, Department of Justice; Lonnie Westphal, Colorado State Patrol, Denver, on behalf of the International Association of Chiefs of Police; Steve Young, Marion City Police Department, Marion, Delaware, on behalf of the Fraternal Order of Police; Jihong Zhao, University of Nebraska Department of Criminal Justice, Omaha; Mike Brown, Bedford County Sheriffs' Office, Bedford, Virginia, on behalf of the National Sheriffs' Association; David B. Muhlhausen, Heritage Foundation, Washington, D.C.; and Thomas P. Gordon, New Castle County, Delaware.
House of Representatives
Reports Filed: Reports were filed today as follows:
H.R. 1925, to direct the Secretary of the Interior to study the suitability and feasibility of designating the Waco Mammoth Site Area in Waco, Texas, as a unit of the National Park System, amended (H. Rept. 107–317);
H.R. 1963, to amend the National Trails System Act to designate the route taken by American soldier and frontiersman George Rogers Clark and his men during the Revolutionary War to capture the British forts at Kaskaskia and Cahokia, Illinois, and Vincennes, Indiana, for study for potential addition to the National Trails System (H. Rept. 107–318);
H.R. 3129, to authorize appropriations for fiscal years 2002 and 2003 for the United States Customs Service for antiterrorism, drug interdiction, and other operations, for the Office of the United States Trade Representative, for the United States International Trade Commission, amended (H. Rept. 107–320);
Conference report on H.R. 2944, making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 2002 (H. Rept. 107–321);
H. Res. 307, waiving points of order against the conference report to accompany H.R. 2944, making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 2002 (H. Rept. 107–324).
Pages H8914–45, H8947–48
Speaker Pro Tempore: Read a letter from the Speaker wherein he appointed Representative Gillmor to act as Speaker pro tempore for today.
Intelligence Authorization--Go to Conference: The House disagreed with the Senate amendment to H.R. 2883, to authorize appropriations for fiscal year 2002 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and agreed to a conference.
Appointed as conferees from the Permanent Select Committee on Intelligence, for the consideration of the House bill and the Senate amendment, and modifications committed to conference: Chairman Goss and Representatives Bereuter, Castle, Boehlert, Gibbons, LaHood, Cunningham, Hoekstra, Burr, Chambliss, Pelosi, Bishop, Harman, Condit, Roemer, Hastings of Florida, Reyes, Boswell, and Peterson of Minnesota. And, appointed as conferees from the Committee on Armed Services, for consideration of defense tactical intelligence and related activities: Chairman Stump and Representatives Hunter, and Skelton.
Making Further Continuing Appropriations Through December 15: The House passed H.J. Res. 76, making further continuing appropriations for the fiscal year 2002. The joint resolution was considered by unanimous consent.
Suspensions: The House agreed to suspend the rules and pass the following measures:
Recognizing Radio Free Europe/Radio Liberty's Successes: H. Con. Res. 242, recognizing Radio Free Europe/Radio Liberty's success in promoting democracy and its continuing contribution to United States national interests (debated on Dec. 4; agreed to by a yea-and-nay vote of 404 yeas to 1 nay, Roll No. 469);
George P. Shultz National Foreign Affairs Training Center: H.R. 3348, to designate the George P. Shultz National Foreign Affairs Training Center (debated on Dec. 4; agreed to by a yea-and-nay vote of 407 yeas with none voting ``nay'' and 2 voting ``present,'' Roll No. 470);
Hunger to Harvest Resolution: A Decade of Concern for Africa: H. Con. Res. 102, amended, relating to efforts to reduce hunger in sub-Saharan Africa (debated on Dec. 4; agreed to by a yea-and-nay vote of 400 yeas to 9 nays, Roll No. 471); and
Bear River Migratory Bird Refuge Visitor Center, Box Elder County, Utah: H.R. 3322, to authorize the Secretary of the Interior to construct an education and administrative center at the Bear River Migratory Bird Refuge in Box Elder County, Utah;
Fern Lake Conservation and Recreation Act in Kentucky and Tennessee: H.R. 2238, amended, to authorize the Secretary of the Interior to acquire Fern Lake and the surrounding watershed in the States of Kentucky and Tennessee for addition to Cumberland Gap National Historical Park;
Lakehaven Utility District, Washington Wastewater Project: H.R. 2115, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of a project to reclaim and reuse wastewater within and outside of the service area of the Lakehaven Utility District, Washington;
Native American Small Business Development: H.R. 2538, amended, to amend the Small Business Act to expand and improve the assistance provided by Small Business Development Centers to Indian tribe members, Alaska Natives, and Native Hawaiians. Agreed to amend the title;
Veterans Day Observance on November 11: H. Res. 298, expressing the sense of the House of Representatives that Veterans Day should continue to be observed on November 11 and separate from any other Federal holiday or day for Federal elections or national observances (debated on Dec. 4, agreed to by a yea-and-nay vote of 415 yeas with none voting ``nay'', Roll No. 472);
Honoring the Crew and Passengers of United Airlines Flight 93: H. Con. Res. 232, amended, expressing the sense of the Congress in honoring the crew and passengers of United Airlines Flight 93 (agreed to by a yea-and-nay vote of 415 yeas with none voting ``nay,'' Roll No. 473);
Pages H8860–64, H8881–82
Todd Beamer Post Office Building, Cranbury, New Jersey: H.R. 3248, to designate the facility of the United States Postal Service located at 65 North Main Street in Cranbury, New Jersey, as the ``Todd Beamer Post Office Building'';
Solidarity with Israel in the Fight Against Terrorism: H. Con. Res. 280, expressing solidarity with Israel in the fight against terrorism (agreed to by a yea-and-nay vote of 384 yeas to 11 nays with 21 members voting ``present,'' Roll No. 474).
Pages H8866–80, H8882–83
Recess: The House recessed at 9:02 p.m. and reconvened at 11:02 p.m.
Quorum Calls--Votes: Seven yea-and-nay votes developed during the proceedings of the House today and appear on pages H8850–51, H8851, H8852, H8880–81, H8881–82, H8882, and H8883. There were no quorum calls.
Adjournment: The House met at 10 a.m. and adjourned at 11:03 p.m.
HOMELAND SECURITY: NUCLEAR/BIOLOGICAL/CHEMICAL THREATS
Committee on the Budget: Held a hearing on Re-Structuring Government for Homeland Security: Nuclear/Biological/Chemical Threats. Testimony was heard from Scott R. Lillibridge, M.D., Special Assistant to the Secretary, Bioterrorism, Department of Health and Human Services; and the following officials of the Department of Energy: Joseph S. Mahaley, Director, Office of Security Affairs; and Kenneth E. Baker, Principal Deputy Administrator, Defense Nuclear Nonproliferation, National Nuclear Security Administration.
NUCLEAR POWER PLANTS--SECURITY ISSUES
Committee on Energy and Commerce: Subcommittee on Oversight and Investigations held a hearing titled ``A Review of Security Issues at Nuclear Power Plants.'' Testimony was heard from Richard A. Meserve, Chairman, NRC; and public witnesses.
FEDERAL LAW ENFORCEMENT
Committee on Government Reform: Subcommittee on Criminal Justice, Drug Policy, and Human Resources held a hearing on ``Federal Law Enforcement: Long Term Implications of Homeland Security Need.'' Testimony was heard from Adm. James M. Loy, USCG, Commandant, U.S. Coast Guard, Department of Transportation; and the following officials of the Department of Justice: Robert Bonner, Commissioner, INS; Asa Hutchinson, Administrator, DEA; and Frank Gallagher, Deputy Assistant Director, Criminal Investigative Division, FBI.
DEBT COLLECTION IMPROVEMENT ACT
Committee on Government Reform: Subcommittee on Government Efficiency, Financial Management, and Intergovernmental Affairs held a hearing on ``The Debt Collection Improvement Act of 1996: How Well is it Working?'' Testimony was heard from James Moseley, Deputy Secretary, USDA; Gary T. Engel, Director, Financial Management and Assurance, GAO; and Richard L. Gregg, Commissioner, Financial Management Service, Department of the Treasury.
Committee on International Relations: Held a hearing on Russia, Iraq, and Other Potential Sources of Anthrax, Smallpox and Other Bioterrorist Weapons. Testimony was heard from Richard Spertzel, former Head, Biological Weapons Inspections, United Nations Special Commission on Iraq; and public witnesses.
HELP AMERICA VOTE ACT
Committee on the Judiciary: Held a hearing on H.R. 3295, Help America Vote Act of 2001. Testimony was heard from public witnesses.
BIPARTISAN TRADE PROMOTION ACT
Committee on Rules: Granted, by a record vote of 7 to 3, a closed rule providing one hour of debate in the House on H.R. 3005, Bipartisan Trade Promotion Authority Act of 2001, equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means. The rule waives all points of order against consideration of the bill. The rule provides that the amendment recommended by the Committee on Ways and Means now printed in the bill, modified by the amendment printed in the report of the Committee on Rules accompanying the resolution, shall be considered as adopted. Finally, the rule provides one motion to recommit with or without instructions. Testimony was heard from Chairman Thomas and Representatives Rangel, Levin, Waters, and Wu.
CONFERENCE REPORT--DISTRICT OF COLUMBIA APPROPRIATIONS
Committee on Rules: Granted, by voice vote, a rule waiving all points of order against the conference report on H.R. 2944, making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 2002, and against its consideration. The rule provides that the conference report shall be considered as read.
CONSIDERATION OF SUSPENSIONS
Committee on Rules: Granted by voice vote, a resolution providing that certain suspensions will be in order at any time on the legislative day of Thursday, December 6, 2001.
SCIENCE OF BIOTERRORISM
Committee on Science: Held a hearing on Science of Bioterrorism: Is the Federal Government Prepared?'' Testimony was heard from John H. Marburger III, Director, Office of Science and Technology; Linda Fisher, Deputy Administrator, EPA; Anna Johnson-Winegar, Deputy Assistant to the Secretary, Chemical and Biological Defense, Department of Defense; and Donald A. Henderson, M.D., Director, Office of Public Health Preparedness, Department of Health and Human Services.
APPROPRIATIONS--DISTRICT OF COLUMBIA
Conferees on Tuesday, December 4, agreed to file a conference report on the differences between the Senate and House passed versions of H.R. 2944, making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 2002.
Conferees agreed to file a conference report on the differences between the Senate and House passed versions of H.R. 2883, to authorize appropriations for fiscal year 2002 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System.
Committee on Banking, Housing, and Urban Affairs: to hold hearings to examine the nomination of J. Joseph Grandmaison, of New Hampshire, to be a Member of the Board of Directors of the Export-Import Bank of the United States; and the nomination of Kenneth M. Donohue, Sr., of Virginia, to be Inspector General, Department of Housing and Urban Development, 10 a.m., SD–538.
Committee on Commerce, Science, and Transportation: to hold hearings to examine the corporate average fuel economy, 9:30 a.m., SR–253.
Full Committee, to hold hearings on the nomination of Jeffrey Shane, of the District of Columbia, to be Associate Deputy Secretary, and the nomination of Emil H. Frankel, of Connecticut, to be Assistant Secretary of Transportation Policy, both of the Department of Transportation, 2:30 p.m., SR–253.
Committee on Energy and Natural Resources: to hold hearings to examine negotiations for renewing the Compact of Free Association, 9:30 a.m., SD–366.
Committee on Foreign Relations: to hold hearings to examine the political future of Afghanistan, 10:30 a.m., SD–419.
Committee on Governmental Affairs: to hold hearings to assess the vulnerability of United States seaports and whether the Federal Government is adequately structured to safeguard them, 9 a.m., SD–342.
Committee on the Judiciary: to resume oversight hearings to examine the Department of the Judiciary, focusing on how to preserve freedoms while defending against terrorism, 10 a.m., SD–106.
Committee on the Judiciary, hearing on H.R. 3288, Fairness in Antitrust in National Sports (FANS) Act of 2001, 1 p.m., 2141 Rayburn.
Subcommittee on Commercial and Administrative Law and the Subcommittee on Courts, the Internet, and Intellectual Property, joint hearing on the Settlement Agreement by and among the United States of America, the FCC, NextWave Telecom, Inc., and certain affiliates, and Participating Auction 35 Winning Bidders, 10 a.m., 2141 Rayburn.
Committee on Resources, Subcommittee on Fisheries Conservation, Wildlife and Oceans, to mark up the following measures: H. Con. Res. 275, to amend the National Wildlife Refuge System Administration Act of 1966 to authorize the Secretary of the Interior to provide for maintenance and repair of buildings and properties located on lands in the National Wildlife Refuge System of lessees of such facilities; and H.R. 3389, to reauthorize the National Sea Grant College Program Act, 11 a.m., 1324 Longworth.
Committee on Small Business, hearing on the SBA's efforts to provide assistance to those directly and indirectly impacted by the terrorist attacks of September 11, 2001, upon the World Trade Center in New York City and the Pentagon in Arlington, Virginia, 2 p.m., 2360 Rayburn.
Subcommittee on Tax, Finance, and Exports, hearing on a number of economic stimulus proposals, and their possible impacts on the nation's economy, 10 a.m., 2360 Rayburn.
Committee on Transportation and Infrastructure, Subcommittee on Coast Guard and Maritime Transportation, hearing on Port Security, 10 a.m., 2167 Rayburn.
Program for Thursday: Senate will begin a period of morning business. At approximately 11 a.m., Senate expects to go into executive session to consider certain judicial nominations, with votes to occur thereon.
At 12 noon, Senate will agree to the motion to proceed to consideration of S. 1731, Federal Farm Bill; following which, Senate expects to begin consideration of H.R. 3338, Department of Defense appropriations.
Program for Thursday: Consideration of Suspensions (subject to a rule):
(1) H.R. 3129, Customs Border Security Act of 2001; and
(2) H.R. 3008, Trade Adjustment Assistance Program Reauthorization.
Consideration of H.R. 3005, Bipartisan Trade Promotion Authority Act (closed rule, one hour of debate); and
Consideration of the conference report on H.R. 2944, District of Columbia Appropriations (rule waiving points of order).
Baldacci, John Elias, Maine, E2210
Bentsen, Ken, Tex., E2213
Bereuter, Doug, Nebr., E2207
Bonior, David E., Mich., E2210, E2211, E2213, E2214
Capuano, Michael E., Mass., E2216
Davis, Tom, Va., E2209
Gordon, Bart, Tenn., E2212
Graham, Lindsey O., S.C., E2207
Holt, Rush D., N.J., E2212
Inslee, Jay, Wash., E2209
Isakson, Johnny, Ga., E2210
Jones, Stephanie Tubbs, Ohio, E2212
Kerns, Brian D., Ind., E2207
Kildee, Dale E., Mich., E2214
Levin, Sander M., Mich., E2211
McKinney, Cynthia A., Ga., E2211
Mink, Patsy T., Hawaii, E2215
Moore, Dennis, Kansas, E2212
Myrick, Sue Wilkins, N.C., E2213
Ose, Doug, Calif., E2213
Portman, Rob, Ohio, E2215
Rangel, Charles B., N.Y., E2213
Riley, Bob, Ala., E2211
Rivers, Lynn N., Mich., E2213
Rodriguez, Ciro D., Tex., E2215
Schaffer, Bob, Colo., E2217
Simpson, Michael K., Idaho, E2216
Solis, Hilda L., Calif., E2214
Stearns, Cliff, Fla., E2209
Stupak, Bart, Mich., E2216
Weller, Jerry, Ill., E2210