108th Congress, 1st session
2nd session

Vote No. Date 2003 Voting
Position

Motion to Adjourn
1 1-7 N McConnell motion to adjourn. (51-46)


Omnibus Appropriations, 2003 (H.J.Res. 2, P.L. 108-8)
2 1-16 Y Byrd-Rockefeller amendment: Restores $5.0 billion in funding for homeland security including: $1.4 billion for State and local assistance to combat terrorism; $1.0 billion for border security; $720 million for airport security; $585 million for port security; $296 million for nuclear security; $300 million for mass transit security; $212 million for Federal law enforcement; $178 million for water security; $128 million for cyber security; and $167 million for food safety, security biohazardous materials at USDA facilities, embassy security, research to combat chemical attacks, improved security at Washington Monument and Jefferson Memorial, and DC Emergency Response Plan. (45-51)

3 1-16 Y Byrd-Rockefeller amendment: Provides $3 billion in funds authorized for Homeland Security including $1.05 billion for state and local assistance to combat terrorism; $750 million for border security; $500 million for airport security; $500 million for port security; and $200 million for nuclear security and energy security. (45-51)

4 1-16 N Gregg amendment: Increases funding for Title V Block Grants by $5 billion; and offsets increased funding by increasing the across the board cut from 1.6 percent to 2.9 percent. (52-45)

5 1-16 Y Kennedy, et al., amendment: Provides additional $4.65 billion to fully fund first year of part A of Title I of No Child Left Behind Act; increases funding for Pell Grants for college students by $1.35 billion; and restores funding for education programs reduced by 1.6 percent across-the-board cut in legislation. (46-51)

6 1-17 N Stevens motion to table Harkin, et al., amendment: Provides $500 million for Byrne Memorial State and Local Law Enforcement Assistance Programs. (52-46)

7 1-17 Y Byrd Amendment: Strikes across-the-board cut contained in underlying resolution. (46-52)

8 1-17 Y Inouye motion to table McCain amendment: Strikes section of bill that permits entry of foreign built cruise vessel into domestic cruise market. (62-33)


AMBER Alert Communications (S. 121)
9 1-21 2 Passage. (92-0)


Omnibus Appropriations, 2003 (H.J.Res. 2, P.L. 108-8)
10 1-21 2AY Reed, et al., amendment: Directs President to release $300 million for Low-Income Home Energy Assistance Program (LIHEAP). (88-4)

11 1-22 2 Inhofe modified amendment: Requires study by National Academy of Sciences to evaluate manner in which increased or decreased emissions levels may impact human health; and does not provide for a delay in implementation of New Source Review (NSR) rule changes. (51-45)

12 1-22 2 Edwards, et al., amendment: Delays implementation of New Source Review (NSR) Clean Air Act rule changes by six months; and requires a study within that period to determine whether proposed rule would increase pollution or harm human health. (46-50)


Nomination of Tom Ridge to be Secretary of Department of Homeland Security
13 1-22 2 Confirmation. (94-0)


Omnibus Appropriations, 2003 (H.J.Res. 2, P.L. 108-8)
* 14 1-22 2 Reid motion to waive Pay-As-You-Go" rule (section 207(B) of H. Con. Res. 68, FY 2002 Budget Resolution, as amended by S. Res. 304 [107th Congress]) to permit consideration of Reed, et al., amendment: Provides additional 13 weeks of unemployment compensation, using funds in Unemployment Insurance Trust Fund, to help approximately one million workers who have exhausted all benefits that were previously extended. (45-49)

15 1-22 2 Cochran amendment: Limits agricultural disaster payments to producers who are located in disaster counties, or to individuals who can establish crop losses (with no guarantee that payments will not be made to those not suffering from a disaster); and provides economic loss assistance to tobacco growers. (59-35)

16 1-22 2 Daschle amendment: Provides $6 billion in disaster assistance, through Crop Disaster and Livestock Assistance programs, to farmers and ranchers who can document a loss; and restores $552 million for nutrition and commodity purchase programs. (39-56)

17 1-22 2 Stevens motion to table Nelson(FL)-Daschle, et al., amendment: Provides additional $600 million for assistance to Sub-Saharan Africa for emergency relief activities; and designates additional funding as emergency spending. (48-46)

18 1-22 2 Grassley motion to table Specter, et al., amendment: Reduces obligation of U.S. Airways to fund its defined benefit pension plan for pilots by providing additional time for U.S. Airways to fully fund plan; and applies only to plan years beginning after December 31, 2002. (64-31)

19 1-23 Y Feingold, et al., amendment: Limits Indonesian participation in International Military Education and Training programs (IMET) to Expanded International Military Education and Training program; and permits President to waive restriction if he reports to Congress that Indonesia is demonstrating a commitment to assist U.S. in bringing to justice those members of the Indonesian Armed Forces and militia groups against whom there is credible evidence of involvement in August attack on American citizens. (36-61)

20 1-23 N Stevens motion to table Kennedy amendment: Provides an additional $584.6 million for minority health programs of which $43.5 million is for the National Center on Minority Health and Health Disparities, $21.0 million is for the Office of Minority Health (HHS), $15.3 million is for the Office of Civil Rights (HHS), $491.5 million is for HHS to conduct research and other activities under the Minority HIV/AIDS initiative, and $13.3 million is for the Health Resources and Services Administration for Health Professions Training for Diversity programs. (51-46)

* 21 1-23 Y Clinton motion to waive "Pay-As-You-Go" rule to permit consideration of Clinton amendment: Freezes impending cuts to hospitals, skilled nursing facilities, and home health agencies for six months; and temporarily increases payments to physicians, and Medicare Plus Choice organizations. (41-56)

22 1-23 Y Stevens motion to table the McCain-Coleman-Dayton amendment: Strikes the authorization of $100.0 million for the construction of the Devil's Lake project; allows the Secretary to use $500,000 for the continuation of the feasibility study; and authorizes $5.0 million for construction of the Devil's Lake Project, if the Secretary determines that an emergency exists with respect to the need for the Devil's Lake project, and reports to Congress that the construction is economically justified and that the International Joint Commission is consulted. (62-34)

23 1-23 N Stevens motion to table McCain amendment: Limits funds available to continue environmental review and project plans for the Yazoo Basin and Yazoo Backwater Pumping Plant in Mississippi to $250,000, thereby eliminating $14.5 million for construction activities. (67-30)

24 1-23 N Stevens motion to table Cantwell, et al., amendment: Provides an additional $678.6 million for title I of the Workforce Investment Act of which $157.0 million is for youth activities, $76.0 million is for employment and training activities for adults, $206.1 million is for employment and training activities for dislocated workers, and $181.9 million is for youth opportunity grants; and $57.6 million is for Job Corps; and states that the additional funds shall not result in a further across-the-board cut. (50-48)

25 1-23 N Thomas amendment (to Mikulski amendment regarding public-private contract competition): Permits President to set goals, targets and quotas to determine number of Federal jobs that are subject to private-public competition. (50-48)

26 1-23 Y Mikulski-Reid substitute amendment (to Mikulski amendment regarding public-private contract competition): Prohibits use of any funds by an executive agency for establishment of numerical goals, targets, or quotas to determine the number of Federal employees that shall be subject to public-private competition; and prohibits establishment of goals, targets, or quotas for determining number of Federal employees that shall have their jobs converted to private sector. (47-50)

27 1-23 N Inhofe motion to table Lautenberg, et al., modified amendment: Provides an additional $100 million for the Hazardous Substance Superfund. (53-45)

28 1-23 N Passage. (69-29)


Nomination of Gordon England to be Deputy Secretary of Homeland Security
29 1-30 Y Confirmation. (99-0)


Commemorating the Columbia Astronauts (S.Res. 45)
30 2-5 Y Adoption. (95-0)


Nomination of John R. Adams to be U.S. District Judge
31 2-10 Y Confirmation. (91-0)


Nomination of S. James Otero to be U.S. District Judge
32 2-10 Y Confirmation. (94-0)


Nomination of Robert A. Junell to be U.S. District Judge
33 2-10 Y Confirmation. (91-0)


Omnibus Appropriations, 2003 (H.J.Res. 2, P.L. 108-8)
34 2-13 Y Adoption. (76-20)


PROTECT Act (S. 151)
35 2-24 Y Passage. (84-0)


Nomination of Miguel A. Estrada to be U.S. Circuit Judge for the D.C. Circuit
36 2-26 2 Motion to instruct Sergeant at Arms to request attendance of absent Senators. (73-1)

37 2-27 Y Motion to instruct Sergeant at Arms to request attendance of absent Senators. (74-1)


Nomination of Marian Blank Horn to be a Judge of the U.S. Court of Federal Claims
38 3-3 Y Confirmation. (89-0)


Resolution Expressing Support for the Pledge of Allegiance (S.Res. 71)
39 3-4 Y Adoption. (94-0)


Nomination of Miguel A. Estrada to be U.S. Circuit Judge for the D.C. Circuit
* 40 3-6 N Cloture motion on nomination of Miguel A. Estrada to be U.S. Circuit Judge for the District of Columbia Circuit. (55-44)


Moscow Treaty
41 3-6 Y Levin amendment: Provides additional condition requiring notice and consultations prior to withdrawal from, or extension of the Treaty. (44-50)

42 3-6 Y Kerry amendment: Provides an additional condition. (45-50)

** 43 3-6 Y Resolution of Ratification. (95-0)


Nomination of Gregory L. Frost to be U.S. District Judge for the Southern District of Ohio
44 3-10 Y Confirmation. (91-0)


Partial-Birth Abortion Ban Act of 2003 (S. 3)
* 45 3-11 Y Murray motion to waive Budget Act to permit consideration of Murray amendment: Improves the availability of contraceptives for women. (49-47)

46 3-12 N Santorum motion to table Durbin, et al., amendment as modified: Strikes provisions of underlying bill and: (1) inserts language which bans all post-viability abortions except in cases where both attending physician and an independent non-treating physician certifying, in writing, that in their medical judgment, the continuation of pregnancy would threaten the mother's life or risk grievous injury to her physical health. (60-38)

47 3-12 Y Boxer motion to commit bill to Judiciary Committee with instructions to hold at least one hearing on such bill and to report such bill back to the Senate after addressing the constitutional issues raised by the Supreme Court in its Stenberg v. Carhart decision. (42-56)

48 3-12 Y Harkin amendment: States that the Senate finds that: (1) abortion has been a legal and constitutionally protected medical procedure throughout the U.S. since the Supreme Court decision in Roe v. Wade; (2) 1973 Supreme Court decision in Roe v. Wade established constitutionally based limits on the power of States to restrict the right of a woman to choose to terminate a pregnancy. (52-46)

49 3-12 Y Feinstein amendment: Strikes provisions in underlying bill and inserts language to prohibit all post-viability abortions, except in the case where in the medical judgment of attending physician, abortion is necessary to preserve the life or health of the woman. (35-60)


Nomination of William D. Quarles, Jr. to be U.S. District Judge for the District of Maryland
50 3-12 Y Confirmation. (91-0)


Partial-Birth Abortion Ban Act of 2003 (S. 3)
51 3-13 N Passage. (64-33)


Nomination of Thomas A. Varlan to be U.S. District Judge for the Eastern District of Tennessee
52 3-13 Y Confirmation. (97-0)


Nomination of Miguel A. Estrada to be U.S. Circuit Judge for the D.C. Circuit
* 53 3-13 N Cloture motion on nomination of Miguel A. Estrada to be U.S. Circuit Judge for the D.C. Circuit. (55-42)


Nomination of Jay S. Bybee to be U.S. Circuit Judge for the Ninth Circuit
54 3-13 N Confirmation. (74-19)


Nomination of J. Daniel Breen, to be U.S. District Judge for the Western District of Tennessee
55 3-13 Y Confirmation. (92-0)


Nomination of Miguel A. Estrada to be U.S. Circuit Judge for the D.C. Circuit
* 56 3-18 N Cloture motion on nomination of Miguel A. Estrada to be U.S. Circuit Judge for the D.C. Circuit. (55-45)


Budget Resolution, 2004 (S.Con.Res. 23)
* 57 3-18 Y Conrad motion to waive Budget Act: Prevents further deficit increases, except for national and homeland security and short-term effects of measures providing for economic recovery, until the President submits to Congress a detailed estimate of the full cost of the conflict with Iraq. (43-56)

58 3-18 N Nickles motion to table the Conrad, et al., amendment (1) creates a reserve fund to strengthen the Social Security trust funds over the long-term and, (2) redirects $1.214 trillion in revenues, dedicated in the underlying budget resolution to tax cuts, into a reserve fund to strengthen the Social Security trust funds. (57-42)

59 3-19 Y Boxer amendment: Prevents consideration of drilling in Arctic National Wildlife Refuge in a fast-track budget reconciliation bill. (52-48)

60 3-19 N Gregg motion to table Murray, et al., amendment: Increases Function 500 (Education, Training, Employment, and Social Services) by $8.9 billion in Budget Authority in FY 2004, and $618.0 million in Outlays in FY 2004, $6.6 billion in Outlays in 2005, $1.5 billion in Outlays in 2006, and $268.0 million in Outlays in 2007; and offsets by reducing non-reconciliation tax cut and associated savings. (50-48)


Commending the President and the Armed Forces of the United States of America (S.Res. 95)
61 3-20 Y Adoption of resolution. (99-0)


Budget Resolution, 2004 (S.Con.Res. 23)
62 3-20 N Kyl-Sessions modified amendment: Increases size of tax cut in resolution by $45 billion; offsets by reducing Function 920 (Allowances) by $45.0 billion in budget authority and outlays in FYs 2003-2013; and assumes increase in tax cut will be used to full repeal the estate tax in January 1, 2009 instead of January 1, 2010. (51-48)

63 3-20 N Grassley motion to table Graham, et al., amendment: Increases reserve fund for Medicare prescription drug benefit from $400 billion to $619 billion and offsets increase by reducing non-reconciliation tax cuts by $396 billion. (55-44)

64 3-20 Y Rockefeller et. al, amendment: Expresses the sense of the Senate that the functional totals in this resolution assume that any legislation enacted to provide economic growth for the U.S. should include not less than $30 billion for State fiscal relief over next 18 months, of which at least half should be provided through a temporary increase in the Federal Medical Assistance Percentage (FMAP). (80-19)

65 3-21 Y Schumer-Clinton-Daschle, et al., amendment: Increases Function 400 (Transportation) by $15.8 billion in budget authority and by $14.3 billion in outlays in FYs 2003-2013; increases Function 450 (Community and Regional Development) by $47.1 billion in budget authority and by $42.6 billion in outlays; increases Function 550 (Health) by $5.2 billion in budget authority and by $4.7 billion in outlays; increases Function 750 (Administration of Justice) by $19.4 billion in budget authority and by $17.2 billion in outlays; increases Function 900 (Interest) by $23.3 billion in budget authority and outlays; offsets funding by reducing the non-reconciliation tax cuts in underlying resolution; and assumes that additional funds will be used for first responder grants, firefighters equipment and hiring, the COPS program, port security, aviation, rail and transit security, border security, bioterrorism, the FBI, and threat and critical infrastructure analysis. (45-54)

66 3-21 Y Cochran amendment: Increases function 450 (Community and Regoinal Development) by $3.5 billion in budget authority in FY 2003; and assumes the additional funding will be used for first responders. (97-0)

67 3-21 Y Feingold amendment: Sets aside a reserve fund for possible military action and reconstruction in Iraq. (52-47)

68 3-21 Y Lautenberg-Schumer et. al, amendment: Establishes reserve fund for National Security containing $103.5 billion in budget authority and $88 billion in Outlays that the underlying resolution cuts from the President's National Defense request in 2009-2013; and offsets by reducing tax cuts by $88 billion during the same period. (46-53)

69 3-21 Y Hollings amendment: Eliminates $1.34 trilion in tax cuts in underlying resolution. (22-77)

70 3-21 Y Conrad amendment: Increases function 500 (Education, Training, Employment, and Social Services) by $95.9 billion in budget authority and $72.9 billion in outlays in FYs 2004-2013; creates a reserve fund of $95.9 billion in budget authority and $72.9 billion in outlays in FYs 2004-2013 to fully fund the Individuals with Disabilities Education Act (IDEA); and offsets by reducing the size of the non-reconciled tax cut. (47-52)

71 3-21 Y Gregg amendment: Increases funding for part B of the Individuals with Disabilities Education Act by reducing spending on other government programs by a commensurate amount. (89-10)

72 3-21 Y Mikulski amendment: Revises the resolution to accommodate in reconciliation legislation a partially refundable tax credit of up to $5,000 for eligible expenses for individuals with long term or chronic care needs or their family caregivers who pay these expenses; in which "eligible expenses" shall include prescription drugs, medical bills, durable medical equipment, home health care custodial care, respite care, adult day care, transportation to chronic care or medical facilities, specialized therapy (including occupational therapy, physical therapy, or rehabilitational therapy), other specialized services for children (including day care for children with special needs) and other long term care related expenses as defined by the HHS Secretary. (45-54)

73 3-21 Y Clinton amendment: Raises the 2003 caps by $3.5 billion for homeland security funding through a Domestic Defense Fund at the Homeland Security's Office of Domestic Preparedness in FY 2003 and to reduce the size of newly proposed tax cuts in the amount of $7 billion to pay for this amendment and for the cost of previously passed homeland security funding. (48-52)

74 3-21 Y Dorgan, et al., amendment: Increases Function 700 (Veterans Benefits and Services) by $1.0 billion in budget authority in FY 2004 and by $1.0 billion in outlays in FYs 2004-2007; and offsets by reducing the non-reconciliation tax cuts. (49-51)

75 3-21 N Nickles motion to table Harkin amendment (to Breaux-Snowe, et al., amendment reducing reconciled tax cut by $376 billion, and providing that savings be used to reduce projected deficits): Requires that any tax cuts above level of $350 billion must be paid for; and creates point of order against any measure which violates this provision. (58-42)

76 3-21 N Breaux, et. al., amendment: Reduces reconciled tax cut by $376 billion and provides that savings be used to reduce projected deficits. (38-62)

77 3-21 Y Byrd, et al., amendment: Increases Function 450 (Community and Regional Development) by $912.0 million in budget and outlays in FY 2005; assumes the additional funds will be used for the National Passenger Railroad Corporation (Amtrak); and offsets by reducing the size of the non-reconciled tax cut. (51-49)

78 3-21 Y Biden, et al., modified amendment: Increases Function 750 (Administration of Justice) by $1.0 billion in budget authority in FY 2004, and by $900.0 million in outlays in FYs 2004-2007; expresses the sense of the Senate that the increased funding will be used for the Community Oriented Policing Services (COPS) program; offsets by reducing the non-reconciled tax instructions by $2.0 billion; and allocates $1.0 billion to deficit reduction. (48-52)

79 3-21 Y Bond-Reid, et al., amendment: Increases Function 400 (Transportation) by $59.6 billion in budget authority in FYs 2004-2009 and $48.4 billion in outlays in FYs 2004-2013; increases Function 900 (Interest) by $14.9 billion in budget authority and outlays in FYs 2004-2013; and assumes additional transportation funding will be used for Federal-Aid Highway program and Federal Transit program. (79-21)

80 3-25 Y Specter amendment: Increases Function 550 (Health) by $2.8 billion in budget authority and outlays in FY 2004; and offsets by decreasing Function 920 (Allowances) by $2.8 billion in budget authority and outlays in FY 2004. (96-1)

81 3-25 Y Lincoln amendment: Increases Function 50 (National Defense) by $21.1 billion in budget authority and $20.3 billion in outlays in FY 2004-2013; assumes the additional funds will be used to allow full access to Tricare for National Guard and Reserve personnel and their families on a continual bases; and offset by reducing the tax cut. (46-51)

82 3-25 Y Baucus amendment: Provides that a prescription drug benefit is available to all Medicare beneficiaries on an equal basis, including those who choose to remain in current fee-for-service program. (46-51)

83 3-25 Y Conrad substitute amendment: Limits tax cuts to $61 billion over 11 years; reduces deficits by $1.2 trillion below the President's budget, and by $700 billion below the Republican plan; and provides more funding than President's or Republican's plan for Homeland Security, Medicare, prescription drugs, transportation, education, veterans, and other high priorities. (43-56)

84 3-25 Y Byrd amendment: Eliminates the reconciliation protection for tax cuts contained in the underlying resolution by striking reconciliation instruction to the Finance Committee. (46-52)

85 3-25 Y Kennedy, et al., amendment: Increases Function 600 (Income Security) by $16.3 billion in budget authority and outlays in FY 2003-04; assumes the additional funds will be used to extend unemployment benefits for 13 weeks, expiring at the end of May, to provide benefits to the long-term unemployed, part-time and low-wage workers, to provide up to 26 weeks of benefits to workers who run out of state benefits, and to provide States with funds to expand access to unemployment benefits for workers who have low-wage and/or part-time employment and have been left out of the current unemployment program; and offsets by reducing the non-reconciled tax cut. (48-51)

86 3-25 Y Dodd amendment: Increases Function 500 (Education, Training, Employment, and Social Services) by $42.3 billion in budget authority in FY 2004-2013 and by $37.8 billion in outlays in FY 2004-2013; offsets by reducing non-reconciled tax cut; and assumes additional funds will be used to increase funding for after-school programs to levels promised by the No Child Left Behind Act and to increase funding for Head Start to serve 80 percent of eligible 3 and 4 year olds. (48-51)

87 3-25 Y Daschle amendment: Increases Function 550 (Health) by $2.9 billion in budget authority and $2.6 billion in outlays in FY 2004; assumes the additional funds will be used for the Indian Health Service; and offsets by decreasing the top tax bracket reduction in the non-reconciled portion of the tax cut. (48-51)

88 3-25 Y Leahy, et al., amendment: Increases Function 750 (Administration of Justice) by $3.0 billion in budget authority in FY 2004 and by $3.0 billion in outlays in FY 2004-07; assumes additional funds will be used for first responders; provides $3 billion in deficit reduction; and offsets by reducing the reconciled tax cuts. (47-51)

89 3-25 Y Harkin, et al., amendment: Increases Function 570 (Medicare) by $25 billion in budget authority and outlays in FY 2004-13; dedicates additional funds to eliminating payment inequities in rural areas; and offsets by reducing non-reconciled tax cuts. (49-49)

90 3-25 Y Bingaman, et al., amendment: Increases Function 600 (Income Security) by $9.1 billion in budget authority and $8.8 billion in outlays in FY 2004-13; assumes additional funding will be used for child care in the Child Care and Development Block Grant; and offsets by decreasing deficit and reducing the tax cuts. (49-50)

91 3-25 Y Dodd amendment: Increases Function 450 (Community and Regional Development) by $13.7 billion in budget authority in FY 2004-13 and by $11.8 billion in outlays in FY 2004-13; assumes the additional funds will be used to support hiring, training, and equipping firefighters; and offsets by reducing reconciled tax cuts. (48-50)

92 3-25 Y Clinton, et al., amendment: Increases Function 450 (Community and Regional Development) by $3.5 billion in budget authority and $1.8 billion in outlays in FY 2003-2004; assumes the additional funding will be used to provide direct first responder funding to localities, to restore funding for the Byrne Grant program, and the Local Law Enforcement Block Grant program; and offsets by reducing the size of the newly proposed tax cuts. (49-50)

93 3-25 Y Breaux amendment: Establishes a reserve fund to strengthen Social Security; finances the reserve fund by reducing the amount of the tax cuts in the resolution by $396 billion over 10 years, of which $276 billion is from the proposed reconciled tax cuts and $120 billion is from the proposed nonreconciled tax cuts; and assumes that the public debt will be reduced by $500 billion over ten years. (51-48)

94 3-25 N Bunning amendment: Increases the reconciliation instruction to the Finance Committee by $145.6 billion in tax cuts; assumes a repeal of the 1993 tax increase on Social Security benefits; and increases the deficit by $145.6 billion. (48-51)

95 3-25 Y Carper-Chafee-Feinstein amendment: Provides immediate tax relief by: (1) making 10% and 27% bracket cuts effective immediately, (2) increasing the child tax credit to $700, (3) setting a family exclusion of $6 million from estate taxes, (4) increasing small business expensing for 2003 and 2004; offsets the tax cuts by deferring additional tax cuts in the 35% and 38.6% brackets; adopts the aggregate spending levels in the President's budget for discretionary and mandatory spending, except in the case of defense spending, where it adopts the Senate budget resolution's funding levels; and allocates $76 billion to non-defense discretionary spending ($76 billion is the difference between the Senate Budget Committee and White House defense spending projections). (42-57)

96 3-25 Y Corzine, et al., amendment: Increases Function 300 (Natural Resources) by $12.4 billion in budget authority and $10.7 billion in outlays in FY 2004-13; assumes additional funds will be used for environmental protection and natural resources conservation; and offsets by reducing unreconciled tax cut. (47-52)

97 3-25 Y Lautenberg amendment: Assumes the reinstatement of all original Superfund taxes and fees, increasing the aggregate revenues from Superfund tax from $1.081 billion in 2004 to $1.833 billion in 2013; and provides $15.6 billion in deficit reduction from 2004 to 2013. (43-56)

98 3-25 Y Clinton-Bingaman amendment: Increases Function 500 (Education) by $3.6 billion in budget authority and $3.1 billion in outlays in FY 2003-2013; assumes additional funds will be used for vocational education programs; and offsets by reducing non-reconciled tax cuts. (49-50)

99 3-25 Y Harkin amendment: Increases Function 500 (Education) by $24.0 billion in budget authority and $20.7 billion in outlays in FY 2004-13; assumes additional funds will be used for education programs eliminated in the resolution and to restore cuts to the after school, vocational education and rural education programs; and offsets by reducing unreconciled tax cut. (46-53)

100 3-25 Y Kerry amendment: Srikes all new tax cuts in underlying bill; and provides $150 billion stimulus package for FY 03-04. (37-62)

101 3-25 Y Bayh amendment: Expresses sense of the Senate that final budget conference report should not include any net reduction in funding below current baseline levels for programs that assist low income working families, and that repeal of 1993 tax increase on Social Security benefits can be accommodated within the revenue totals and instructions of this resolution, in a manner that does not reduce slovency of Medicare Hospital Insurance Trust Fund (Part A of Medicare). (49-50)

102 3-25 Y Cantwell-Corzine amendment: Increases Function 500 (Education) by $678.0 million in budget authority in FY 2004 and by $678.0 million in outlays in FY 2004-09; assumes additional funds will be used to fund the Workforce Investment Act programs; and offsets increased funds by reducing non-reconciled tax cuts. (51-48)

103 3-26 N Dayton-Harkin amendment: Increases Function 500 (Education) by $228.9 billion in budget authority and $193.3 billion in outlays in FY 2004-2013; assumes additional funds will be used for IDEA; and offsets by reducing non-reconciled tax cuts. (28-70)

104 3-26 Y Kerry, et al., amendment: Increases funding to combat HIV/AIDS by $800 million in FY 2004; and offsets the additional funds by reducing unreconciled tax cuts. (47-51)

105 3-26 Y Landrieu, et al., amendment: Increases cap on defense spending by $3.0 billion to increase funds for imminent danger pay; family separation allowance; and National Guard Reserve. (100-0)

106 3-26 N Murkowski amendment: Moves $67 billion in non-reconciled tax cuts to the reconciliation instruction for the Finance Committee; and assumes that the tax cuts will be used to extend the $1,000 per child tax credit to 2013. (48-52)

107 3-26 Y Lincoln amendment: Expresses sense of the Senate that extending $1,000 child credit for three additional years (2011-2013) can be accommodated within the revenue totals and instructions of this resolution. (99-1)

108 3-26 N Adoption of concurrent resolution. (56-44)


Commending Nations Participating with United States in the Coalition to Disarm Iraq (S.Con.Res. 30)
109 3-27 Y Adoption of concurrent resolution. (97-0)


Armed Forces Tax Fairness Act of 2003 (H.R. 1307)
110 3-27 Y Passage. (97-0)


Nomination of James V. Selna to be U.S. District Judge for the Central District of California
111 3-27 Y Confirmation. (97-0)


Nomination of Theresa Lazar Springmann to be U.S. District Judge for the Northern District of Indiana
112 3-31 Y Confirmation. (93-0)


Nomination of Timothy M. Tymkovich to be U.S. Circuit Judge
113 4-1 N Confirmation. (58-41)


Nomination of Miguel A. Estrada to be U.S. Circuit Judge for the D.C. Circuit
* 114 4-2 N Cloture motion on nomination of Miguel A. Estrada to be U.S. Circuit Judge for the D.C. Circuit. (55-44)


Supplemental Appropriations, 2003 (S. 762)
115 4-2 N Stevens motion to table the Hollings, et. al; amendment: Provides an additional $1 billion to strengthen port security including $110 million for Portal Screening Equipment for Seaports; $50 million to Secure Systems of Transportation (such as the container security initiative); $600 million for Port Security Grants; $30 million for the Transportation Worker Identification Card Initiative; $50 million for secure systems of transportation such as Operation Safe Commerce; $10 million for Seaport Security Training Program to certify Federal, state and private security personnel; $36 million for three new Maritime Safety and Security Teams; $7 million for Radiation Detection Equipment for the Coast Guard; $50 million for Port Vulnerability Assessments; and $57 million for the Automated Identification System to track vessels in U.S. waters. (52-47)

116 4-2 N Cochran motion to table the Landrieu amendment: Provides an additional $1.047 billion for procurement of National Guard and Reserve Equipment. (52-47)

117 4-3 N Stevens motion to table the Boxer, et. al., amendment: Designates $30 million of the bill's Department of Homeland Security funding for research and development, and deployment of technology to protect commercial aircraft from the threat posed by man-portable shoulder fired missiles. (50-47)

118 4-3 N McCain, et. al., amendment: Strikes unauthorized and earmarked appropriations in the underlying bill including $500,000 for the Great Lakes Fishery Commission to be used for sea lampery control in Lake Champlain; $225,000 for the Mental Health Association of Tarrant County, Ft. Worth, Texas to provide school based mental health education; $200,000 for the AIDS Research Institute at the University of California, San Francisco, for Developing County Medical Program to facilitate clinician exchange between the United States and developing countries; $1 million for the Geisinger Health Systems, Harrisburg, Pennsylvania to establish centers of excellence for the treatment of Autism; $98 million for Buildings and Facilities under the Agricultural Research Service of the Agricultural Department; $50 million for the cost of guaranteed loans for the Department of Transportation; and $1 million for the Jobs for America's Graduates (JAG) school-to work program for at-risk young people for Training Employment Services. (39-60)

119 4-3 N Cochran motion to table Breaux, et. al., amendment: Increases funds available for counterterrorism to $2.65 billion including $200 million for Coast Guard Operation Liberty Shield; $366 million for the Bureau of Customs and Border Patrol; $131 million for Bureau of Immigration and Customs Enforcement; $235 million for Airport Modification needed for explosive detection devices; $300 million for Mass Transit security; $200 million for Rail security; $620 million for FY03 funding shortfall; $20 million for Federal law enforcement training center; $150 million for Interoperable communications; $18 million for National Parks protection; $25 million for courthouse security; $225 million for FBI Terrorism response; $150 million for COPS Interoperable communications equipment; $25 million for D.C. Critical infrastructure; and $10 million for the Agency for Toxic Substances and Disease Registry. (52-46)

120 4-3 N Cochran motion to table the Byrd, et. al., amendment: Allocates the $1.135 billion for specific Homeland Security funding as follows: $75 million for the departmental management counterterrorism fund; $10 million for the National Parks system; $20 million for D.C. Infrastructure security; $35 million for the container security initiative; $125 million for radiation portal monitors and nonintrusive inspection equipment; $50 million for Mass transit grants; $100 million for Port security grants; $147 million for the FY 2003 funding gap; $100 million for railroad security grants including AMTRAK; $55 million for commercial airline missile defense; $200 million for high threat urban areas; $100 million for interoperable communications; $5 million for enhanced training requirements; $42 million for the port security assessment program; $7 million for Maritime safety and security teams; and $40 million for an Automated Identification System Program (AIS). (51-46)

121 4-3 Y Cochran motion to table the Hollings, et. al., amendment: Express the sense of the Senate that the President should submit a proposal to the Committee on Finance to raise sufficient revenues to offset the funds spent in this supplemental appropriations Act for the war in Iraq; the President should submit this proposal not later than 60 days after the date of enactment of this Act; and if the President does not submit such a proposal, the Committee on Finance should put forward its own proposal to offset the funds spent in this supplemental appropriations Act for the war in Iraq. (79-18)

122 4-3 Y Specter amendment: Increases funds for protection and preparedness of high threat areas under Office for Domestic Preparedness. (65-32)

123 4-3 N Stevens motion to table Schumer, et. al., amendment: Increases the funding for the Office of Domestic Preparedness Department of Homeland Security from $2 billion to $4.33 billion; and allocates the funding as follows: $2.5 billion for grants to the states; $1.045 billion for high threat urban areas; $130 million for community policing; and $155 million for federal fire prevention. (51-46)

124 4-3 Y Kohl amendment: Provides humanitarian food assistance in connection with U.S. activities in Iraq. (67-26)

125 4-3 Y Passage (93-0)


Nomination of Cormac J. Carney to be U.S. District Judge for the Central District of California
126 4-7 Y Confirmation. (80-0)


Charity Aid, Recovery and Empowerment (CARE) Act of 2003 (S. 476)
127 4-9 Y Grassley motion to table Nickles amendment: Expands the provision of the underlying bill to permit an exclusion of 25% of capital gains on sales of conservation property to a 501 (c)(3) organization; and will offset a portion of the cost of the amendment by extending IRS user fees. (62-38)

128 4-9 Y Passage. (95-5)


Expressing the Outrage of Congress at the Treatment of American POW's by Iraq (S.Con.Res. 31)
129 4-9 Y Adoption of resolution. (99-0)


Nomination of Dee D. Drell to be U.S. District Judge for the Western District of Louisiana
130 4-9 Y Confirmation. (99-0)


Nomination of Richard D. Bennett to be U.S. District Judge for the District of Maryland
131 4-9 Y Confirmation. (99-0)


PROTECT Act (S. 151)
132 4-10 Y Adoption of conference report. (98-0)


Nomination of Ross Owen Swimmer to be Special Trustee, Office of Special Trustee for American Indians
133 4-10 N Confirmation. (72-24)


Budget Resolution, 2004 (H.Con.Res. 95)
134 4-11 N Adoption of conference report. (The Vice President voted in favor of the resolution to break the tie.) (50-50)


Nomination of Jeffrey S. Sutton to be U.S. Circuit Judge for the Sixth Circuit
135 4-29 Y Confirmation. (52-41)


Digital and Wireless Network Technology Program (S. 196)
136 4-30 Y Passage. (97-0)


Nomination of Priscilla R. Owen to be U.S. Circuit Judge for the Fifth Circuit
* 137 5-1 N Cloture motion on nomination of Priscilla R. Owen, of Texas, to be U.S. Circuit Judge. (52-44)


Nomination of Edward C. Prado to be U.S. Circuit Judge for the Fifth Circuit
138 5-1 Y Confirmation. (97-0)


Nomination of Deborah L. Cook to be U.S. Circuit Judge for the Sixth Circuit
139 5-5 Y Confirmation. (66-25)


Nomination of Miguel A. Estrada to be U.S. Circuit Judge for the D.C. Circuit
* 140 5-5 N Cloture motion on nomination of Miguel A. Estrada to be U.S. Circuit Judge for the D.C. Circuit. (52-39)


Nomination of Cecilia M. Altonga to be U.S. District Judge for the Southern District of Florida
141 5-6 Y Confirmation. (91-0)


Protocols to North Atlantic Treaty of 1949 on Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia
** 142 5-8 Y Resolution of ratification agreed to. (96-0)


Nomination of Miguel A. Estrada to be U.S. Cicuit Judge for the D.C. Circuit
* 143 5-8 N Cloture motion on nomination of Miguel A. Estrada to be U.S. Cicuit Judge for the D.C. Circuit. (54-43)


Nomination of Priscilla R. Owen to be U.S. Circuit Judge for the Fifth Circuit
* 144 5-8 N Cloture motion on nomination of Priscilla R. Owen to be U.S. Circuit Judge for the Fifth Circuit. (52-45)


Foreign Intelligence Surveillance (S. 113)
145 5-8 Y Feinstein, et al., substitute amendment. (35-59)

146 5-8 Y Passage. (90-4)


Tax Cut (H.R. 2)
* 147 5-14 Y Reid motion to waive Budget Act to permit consideration of Reid amendment: Ensures that Social Security surpluses are not raided in order to fund tax cuts on corporate dividends. (44-53)

148 5-15 Y Bunning, et. al, amendment: Expresses sense of the Senate that Finance Committee should report out Social Security Benefits Tax Relief Act of 2003 (S. 514) to repeal tax on seniors not later than July 31, 2003, and Senate shall consider such bill not later than September 30, 2003, in manner consistent with preservation of Medicare Trust Fund. (98-2)

* 149 5-15 Y Dorgan motion to waive Budget Act to permit consideration of Dorgan amendment: Reduces from eighty-five percent to fifty percent the maximum portion of Social Security benefits counted in taxable income; is offset through elimination of dividends proposal and elimination of acceleration of upper rate reductions; and holds the Medicare Trust Fund harmless through a transfer of funds from a transfer of funds from the general fund. (49-51)

150 5-15 Y Specter amendment: Expresses sense of the Senate that Finance Committee should undertake a comprehensive analysis of simplification including flat tax proposals, including appropriate hearings and consider legislation providing for a flat tax. (70-30)

* 151 5-15 Y Baucus motion to waive Budget Act to permit consideration of Baucus amendment: Ensures that limit on refundability shall not apply to the additional $400 child credit for 2003; makes dividend exclusion effective for taxable years beginning in 2003, and eliminates increase in the dividend exclusion from 10 percent to 20 percent of dividends over $500. (47-53)

* 152 5-15 Y Kennedy motion to waive Budget Act to permit consideration of Kennedy amendment: Provides for additional weeks of temporary extended unemployment compensation and to provide for a program of temporary enhanced regular unemployment compensation, and for other purposes. (50-49)

* 153 5-15 Y Lincoln motion to waive Budget Act to permit consideration of Lincoln amendment: Reduces income threshold for refundable child tax credit to $5,000, and offsets child tax credit exclusion for three years by striking 2007 from underlying provision and inserting 2010. (49-51)

* 154 5-15 Y Cantwell motion to waive the Budget Act to permit consideration of the Cantwell et. al., amendment: Extends and modifies the research and development tax credit effective through June 30, 2014, and offsets this modification by eliminating dividend tax cut contained in the underlying bill. (49-50)

* 155 5-15 Y Jeffords motion to waive Budget Act to permit consideration of Jeffords amendment: Accelerates reduction of marriage penalty in earned income credit by increasing phase-ins and phase-outs for married recipients beginning January 1, 2003. (49-51)

156 5-15 N Grassley et. al., amendment: Provides changes in payment to rural Medicare providers, including: (1) equalizing base payments for hospital inpatient services; (2) extending a ten percent add-on for rural home health care; and (3) setting floor for physician geographic practice cost indices (GPCIs); while offsetting these changes by (1) freezing for ten years the Medicare payments for durable medical equipment; (2) establishing co-payments and deductibles for Medicare outpatient laboratory services; and (3) reducing reimbursement for Medicare Part B covered drugs from ninety-five percent of average wholesale price (AWP) to eighty-five percent of AWP. (86-12)

157 5-15 Y Collins amendment: Provides $20 billion in fiscal relief for States and localities, and is offset by providing $10 billion through increasing matching rates in Medicaid program (FMAP) and, $10 billion is provided through general revenue sharing to states and localities. (95-3)

* 158 5-15 Y Murray motion to waive Budget Act to permit consideration of the Murray et. al., amendment: Provides $40 billion in State fiscal relief including, $20 billion for an FMAP increase; and $20 billion for state and local relief; it is offset by eliminating twenty percent partial exclusion of dividends received by individuals. (47-52)

* 159 5-15 Y Stabenow motion to waive Budget Act to permit consideration of Stabenow et. al., amendment: Delays top tax rate reduction and the dividend tax cut until enactment of a meaningful Medicare prescription drug benefit. (44-56)

* 160 5-15 Y Graham motion to waive Budget Act to permit consideration of Graham et. al., substitute amendment: Strikes the tax cuts in underlying bill and provides following: (1) refundable wage tax credit equal to 7.65 percent of first $10,000 of earnings in 2003 and 2004 while withholding tables would be adjusted to reflect tax savings; (2) increase in the amount of property eligible for the "expensing" provision under Section 179 from $25,000 to $100,000; (3) a temporary increase in FMAP percentage to provide $40 billion of fiscal relief to states over the next 12 months; (4) extension of Federal unemployment benefits, including exhaustees, part-time and low-wage workers and is offset by: (1) suspending reduction in top three tax rates scheduled to become effective in 2004 and 2006; (2) suspending planned elimination of PEP and Pease phaseouts; (3) suspending further reduction in estate tax beyond those in place in 2006; (4) codifying the "economic substance" doctrine to combat abusive tax shelters; (5) enacting the anti-inversion provisions of the Reversing and Expatriation of Profits from Offshore Act; (6) closing the loopholes allowing individuals to expatriate to avoid paying taxes; (7) closing loopholes that allow corporate executives to defer tax on their compensation while protecting that compensation from creditors; and (8) extending custom user fees. (35-65)

* 161 5-15 N Kyl motion to waive Budget Act to permit consideration of Kyl amendment: Provides Federal definition of "reasonable" attorneys' fees in cases where settlement or multiple settlements are at least $100 million and charges an excise tax, in many cases retroactively, against any portion of attorneys' fees that are above the Federal definition and would create a two-hundred percent penalty for fees not returned within taxable period. (37-61)

* 162 5-15 Y Landrieu motion to waive the Budget Act to permit consideration of the Landrieu, et. al., substitute amendment: Provides $188 billion in wage tax relief which includes $765 in wage tax rebates for eligible American workers and an income tax credit of $765 per employee; provides $52 billion in State and local partnership funding including $40 billion in targeted assistance that consists of $10 billion for FMAP, $7.5 billion for "No Child Left Behind Act" requirements, $19.5 billion in a block grant for State and local governments to fund highway construction, public health, homeland security, and to prevent tax increases, and $12 billion to expand opportunities for State and local governments to refinance debt; provides $51.4 billion for marriage penalty elimination and $66 billion to accelerate the child tax credit to $1,000 in 2006; provides immediate stimulus for businesses to purchase new facilities and equipment in the next year by increasing allowable section 179 expensing to $100,000 for one year; assists small businesses in meeting health care costs through a one-year Small Business Health Care Tax Credit for fifty percent of health care premiums, expands the use of the wage tax credit under the Renewal Community program by allowing businesses to be eligible for the credit for hiring workers who live in neighboring renewal communities; provides employers with a fifty percent tax credit for continuing to pay their employees who have been called to active duty in the Guard or Armed Forces Reserves; extends the unemployment compensation program for six-months, or to November, and provides coverage to low-income and part-time workers; and offsets these changes by eliminating tax shelters and extending custom user fees. (46-54)

* 163 5-15 N Landrieu motion to waive Budget Act to permit consideration of Landrieu amendment: Provides pay protection for members of the Reserve and the National Guard, and for other purposes. (46-54)

* 164 5-15 Y Schumer motion to waive Budget Act to permit consideration of Schumer amendment: Amends Internal Revenue Code of 1986 to make higher education more affordable. (49-51)

* 165 5-15 Y Ensign motion to waive Budget Act to permit consideration of Ensign modified amendment: Encourages investment of foreign earnings within U.S. for productive business investments and job creation. (75-25)

* 166 5-15 Y Conrad motion to waive Budget Act to permit consideration of Conrad amendment: Makes child tax credit acceleration applicable to 2002. (49-51)

* 167 5-15 Y Daschle motion to waive Budget Act to permit consideration of Daschle amendment: Creates jobs, provides opportunity, and restores prosperity. (46-54)

* 168 5-15 Y Dayton motion to waive the Budget Act to permit consideration of the Dayton amendment: Strikes the provisions in the bill and inserts the following: (1) triples the amount of income taxed at the 10 percent rate, from $6,000 to $18,000 for single taxpayers and from $12,000 to $36,000 for married couples; (2) provides an additional tax cut of up to $600 for individuals and up to $1,200 for couples filing jointly; (3) accelerates marriage penalty relief; (4) increases the amount of the standard deduction and expands the income subject to the 15 percent bracket to twice that of single taxpayers (same as the Finance Committee Bill); (5) increases the child tax credit from $600 to $1,000 and increases the refundable amount from 10 percent to 15 percent, (same as the Finance Committee Bill); (6) extends and expands unemployment insurance compensation. (44-56)

* 169 5-15 Y Mikulski motion to waive Budget Act to permit consideration of Mikulski amendment: Provides partially refundable tax credit for caregiving related expenses. (48-51)

* 170 5-15 N Sessions motion to waive Budget Act to permit consideration of Sessions amendment: Applies sunset provision to revenue increase provisions. (51-49)

171 5-15 N Nickles amendment: Modifies dividend exclusion provision, and for other purposes. (The Vice President voted in favor of the amendment to break the tie.) (50-50)

172 5-15 Y Breaux amendment: Provides reconciliation pursuant to section 201 of concurrent resolution on budget for FY2004. (49-51)

173 5-15 Y Kennedy amendment: Eliminates dividend and upper bracket tax cuts, which primarily benefit the wealthy, to provide additional funds necessary for adequate Medicare prescription drug benefit, including assuring that benefit is comprehensive, with no gaps or excessive cost-sharing, covers all Medicare beneficiaries, provides special help for beneficiaries with low income, and does not undermine employer retirement coverage. (48-52)

174 5-15 Y Dodd amendment: Eliminates the 10 percent dividend tax exclusion for amounts above $500 and strikes the acceleration of the 38.6 percent income tax rate reduction with the assumption that the money; saved, will be used to increase access to higher education for middle and low-income students by expanding Hope and Lifetime Learning tax credits and Pell Grants, and to provide funds for deficit reduction. (49-50)

* 175 5-15 Y Motion to waive the Budget Act to permit consideration of Edwards-McCain-Graham (SC) amendment re: janitors insurance. (37-63)

* 176 5-15 Y Motion to waive Budget Act to permit consideration of Dorgan amendment: Strikes the section relating to qualified tax collection contracts. (43-57)


AIDS Assistance (H.R. 1298)
177 5-15 Y Durbin amendment: Authorizes $1 billion in FY 2004 and $1.2 billion in FY 2005 for the Global Fund to Fight AIDS, Tuberculosis, and Malaria; states that half the authorized funds shall be available in each of FY 2004 and FY 2005; makes the additional funds available if the Fund receives certain levels of pledges from donors other than the United Sttes; and requires the Coordinator of the United States Government Activities to Combat HIV/ AIDS Globally to report on the Global Fund, including (1) contributions pledged to or received by the Global Fund, (2) efforts made by the Global Fund to increase contributions (3) programs funded by the Global Fund, (4) an elevation of the effectiveness of such programs, and (5) recommendations regarding the adequecy of such programs. (48-52)

* 178 5-15 Y Dorgan motion to waive Budget Act to permit consideration of Dorgan, et al., amendment: Provides emergency funding for food aid to HIV/AIDS affected populations in sub-Saharan Africa. (48-52)


Tax Cut (H.R. 2)
179 5-15 N Passage. (51-49)


AIDS Assistance (H.R. 1298)
180 5-15 Y Feinstein amendment: Strikest provision in bill requiring that one-third of all prevention funds be devoted exclusively for abstinence before marriage programs, and adds language that describes prevention activities as "including promoting abstinence from sexual activity and encouraging monogamy and faithfulness and promoting the effective use of condoms for sexually active people." (45-52)

181 5-16 Y Kennedy et. al., amendment: Requires that drugs purchased with funds authorized in bill are done so at lowest available price, provided that they meet strict quality standards and are consistent with TRIPS agreement protecting intellectual property. (42-54)

182 5-16 Y Boxer amendment: Requires specific plan to help AIDS orphans. (45-50)

183 5-16 Y Dodd amendment: Adds CARICOM countries and Dominican Republic to Priority List of HIV/AIDS Coordinator. (44-51)


Nomination of S.Maurice Hicks, Jr. to be U.S. District Judge
184 5-19 Y Confirmation. (86-0)


DOD Authorization, 2004 (H.R. 1588)
185 5-20 Y Graham (SC)-Daschle, et al., amendment (to Daschle-Johnson-Leahy amendment ensuring that members of Ready Reserve of Armed Forces are treated equitably in provision of health care benefits under TRICARE and otherwise under Defense Health Program): Allows members of Selected Reserve to enroll in Tricare; and sets premium levels of $330 annually for individual enlisted service members and $560 for their families, and sets premium levels $50 higher for officers. (85-10)

186 5-20 N Motion to table Feinstein amendment: Strikes repeal of prohibition on research and development of low-yield nuclear weapons. (51-43)

187 5-21 N Warner amendment (to Reed amendment modifying prohibition against low-yield nuclear weapons by permitting research and development of low-yield nuclear weapons, but prohibiting all subsequent phases of development): Strikes language in underlying amendment; and instead prevents the start of engineering development phase or any subsequent phase of developing low-yield nuclear weapon, unless specifically authorized by Congress. (59-38)

188 5-21 Y Reed amendment, as amended: Prevents the start of engineering development phase or any subsequent phase of developing low-yield nuclear weapon, unless specifically authorized by Congress. (96-0)

189 5-21 N Warner motion to table Dorgan modified amendment: Prohibits further use of funds for development, testing, or engineering of nuclear earth penetrator weapon; and prohibits use of FY 2004 funds for feasibility study on nuclear earth penetrator weapon. (56-41)

190 5-21 Y Lautenberg, et. al., amendment: Requires Interior Secretary to determine that management of natural resources activities on Defense Department land will effectively conserve threatened and endangered species within the lands or areas covered by natural resources management plan; and requires plan to provide assurances that adequate funding will be provided for such management activities. (51-48)

191 5-21 N McCain amendment (to Dayton amendment striking provision in bill that grants Defense Secretary authority to waive U.S. laws that require defense systems and components be manufactured in U.S.): Modifies provision in underlying bill regarding Secretary's waiver authority for domestic source requirements by allowing Defense Secretary to waive application of any domestic source requirement or domestic content requirement. (50-48)

192 5-22 Y Murray amendment: Restores previous policy regarding Defense Department medical facilities, allowing overseas military facilities to provide privately-funded abortions for women who are in the military or are military dependents. (48-51)

193 5-22 Y Warner-Boxer-Lautenberg amendment: Requires that DOD comply with Competition in Contracting Act for any contract awarded for reconstruction activities in Iraq; requires DOD to conduct full and open competition for work needed for reconstruction of Iraqi oil industry and requires report to Congress if DOD does not have a fully competitive contract in place to replace March 8, 2003 conract for reconstruction of Iraqi oil industry by August 31, 2003. (99-0)

194 5-22 Y Passage. (98-1)


Nomination of Consuelo Maria Callahan to be U.S. Circuit Judge
195 5-22 Y Confirmation. (99-0)


Tax Cut (H.R. 2)
196 5-23 N Adoption of conference report. (50-50)


Public Debt Limit (H.J.Res. 51)
197 5-23 Y Baucus amendment: Reduces size of increase in limit on national debt to $350 billion. (47-52)

198 5-23 N McConnell motion to table Daschle amendment: Expresses sense of Senate that Social Security cost-of-living adjustments should not be reduced. (52-47)

199 5-23 N Nickles motion to table Kennedy amendment: Extends current Federal temporary unemployment compensation program until December 31, 2003, and provides additional 13 weeks of unemployment benefits for long term unemployed, or those individuals who have already exhausted their benefits and have not yet found a job. (50-49)

* 200 5-23 Y Feingold motion to waive Budget Act to permit consideration of Feingold amendment: Reinstates pay-as-you-go statute, that expired in September 2002, though 2008. (47-52)

201 5-23 N Grassley motion to table Hollings amendment: Prohibits Treasury Department from delaying or failing to invest any amount that should be credited toward the Social Security trust fund. (52-46)

202 5-23 N Passage of joint resolution increasing statutory limit on public debt to $7.384 trillion. (53-44)


Energy Policy Act (S. 14)
203 6-3 Y Feinstein amendment: Allows ethanol mandate in renewable fuel program to be suspended temporarily if the mandate would harm the economy or environment. (35-60)

204 6-3 Y Feinstein, et. al., amendment (to Frist-Daschle, et.al., amendment to: ban methyl tertiary butyl ether (MTBE) in 4 years; eliminate oxygen requirements under Clean Air Act; establish renewable fuel standard requiring use of 2.6 billion gallons of renewable fuels in 2005, increasing to 5 billion gallons in 2012; and establish a credit trading program): Stipulates that renewable fuel program shall apply to a State only if the Governor of the State notifies the Administrator that the State elects to participate in renewable fuel program. (34-62)


DOD Authorization, 2004 (H.R. 1588)
205 6-4 Y Dorgan amendment: Repeals authorities and requirements for base closure round in 2005. (42-53)


Energy Policy Act (S. 14)
206 6-4 Y Bingaman-Sununu-Feinstein amendment (to Frist-Daschle, et. al., amendment to: ban methyl tertiary butyl ether (MTBE) in 4 years; eliminate oxygen requirements under Clean Air Act; establish renewable fuel standard requiring use of 2.6 billion gallons of renewable fuels in 2005, increasing to 5 billion gallons in 2012; and establish credit trading program): Provides President, acting through Energy Secretary with ability to waive ethanol requirements if Energy Secretary determines that application of requirement has resulted in an increase in average cost of gasoline to end users in a State or region of 10 cents per gallon or more; or a significant interruption in supply of renewable fuel in State or region has resulted in an increase in average cost of gasoline to end users of ten cents per gallon or more; and states that suspensions granted under this provision shall terminate after 30 days, but may be renewed for additional 30-day periods if Energy Secretary determines that the significant price increase or significant supply interruption persists. (37-58)

207 6-5 Y Schumer-Clinton amendment (to Frist-Daschle, et. al., amendment to: ban methyl tertiary butyl ether (MTBE) in 4 years; eliminate oxygen requirements under Clean Air Act; establish renewable fuel standard requiring use of 2.6 billion gallons of renewable fuels in 2005, increasing to 5 billion gallons in 2012; and establish credit trading program): Exempts States in East Coast, West Coast, and Rocky Mountain region from ethanol mandate, while leaving mandate in place in Midwest. (26-69)

208 6-5 Y Boxer amendment (to Frist-Daschle, et. al., amendment to ban methyl tertiary butyl ether (MTBE) in 4 years; eliminate oxygen requirements under Clean Air Act; establish renewable fuel standard requiring use of 2.6 billion gallons of renewable fuels in 2005, increasing to 5 billion gallons in 2012; and establish credit trading program): Strikes renewable fuels safe harbor provision in underlying amendment; and provides that renewable fuel used or intended as motor vehicle fuel, shall be subject to liability standards that are not less protective of human health, welfare, and environment than any other motor vehicle fuel or fuel additive. (38-57)

209 6-5 N Frist-Daschle amendment: Bans methyl tertiary butyl ether (MTBE) in 4 years; eliminates 270 days after enactment of underlying bill, the oxygen requirement under Clean Air Act; establishes renewable fuel standard requiring use of 2.6 billion gallons of renewable fuels in 2005, increasing to 5 billion gallons in 2012; establishes credit trading program; and increases credit to 2.5 gallons of renewable fuel for use of cellulosic biomass (ethanol) derived from agricultural residue. (68-28)


Tax Cut (H.R. 1308)
210 6-5 Y Grassley-Lincoln amendment: Accelerates 15 percent refundability of child credit, and provides a check this summer to many families that would not otherwise receive a check for the credit at cost of $3.5 billion; eliminates marriage penalty in child credit at a cost of $4.8 billion; simplifies five definitions in tax code to one uniform definition of child at a cost of $1.4 billion; and offsets by extending customs user fees. (94-2)


Nomination of Michael Chertoff to be U.S. Circuit Judge
211 6-9 Y Confirmation. (88-1)


Energy Policy Act (S. 14)
212 6-10 Y Dorgan, et al., amendment: Establishes targets and timetables for Energy Department to support production of 100,000 hydrogen-powered vehicles by 2010 and 2.5 million hydrogen-fueled fuel cell vehicles by 2020, and the development of technologies to provide for the sale of hydrogen at a sufficient number of fueling stations by 2010 and 2020; and requires Energy Secretary to submit an annual review of progress toward meeting the targets. (67-32)

213 6-10 Y Landrieu, et al., amendment: Requires President to develop and implement measures to conserve enough petroleum to reduce Nation's dependence on imported oil and to reduce total demand for petroleum by 1 million barrels per day from amount projected for calendar year 2013; and beginning no later than February 1, 2004, requires President to submit an annual report assessing the progress made by the United States toward the goal of reducing dependence on imported petroleum. (99-1)

214 6-10 Y Wyden-Sununu amendment: Strikes provision in bill permitting Energy Secretary to provide loan guarantees covering 50 percent of costs of up to seven new nuclear power plants, and permitting Energy Department to enter into purchase agreements with those nuclear power plants. (48-50)


Nomination of Richard C. Wesley to be U.S. Circuit Judge
215 6-11 Y Confirmation. (96-0)


Nomination of J. Ronnie Greer to be U.S. District Judge
216 6-11 Y Confirmation. (97-0)


Nomination of Mark R. Kravitz to be U.S. District Judge
217 6-11 Y Confirmation. (97-0)


Energy Policy Act (S. 14)
218 6-11 N Cochran motion to table Feinstein et. al., amendment: Provides regulatory oversight of all derivative transactions of energy commodities to Commodity Futures Trading Commission (CFTC); excludes financial derivatives from being covered under provisions of this bill; ensures that energy dealers in derivatives markets cannot avoid full price transparency and escape regulatory oversight; subjects electronic exchanges dealing in energy transactions to registration, transparency, disclosure and reporting obligations; requires entities running on-line trading forums to maintain sufficient capital to carry out their operations commensurate with risk as determined by CFTC; requires FERC and CFTC to meet quarterly and discuss how energy derivative markets are functioning and affecting energy deliveries; and excludes any agreements, contracts or transactions in metals from regulatory oversight by CFTC, and that metals are governed by existing law. (55-44)

219 6-11 N Domenici motion to table Bingaman-Inouye amendment: Modifies time frame for Secretary to review proposed tribal energy resource agreements so that there is no implicit waiver of Federal environmental laws; improves environmental review process so that it is comparable to standards required under NEPA, but still maintains tribes as lead in review; strikes language which limits who can petition Interior Secretary for a review of implementation of tribal energy resources agreements; sunsets authorization in Section 2604 so that Congress can review and reauthorize program based on its implementation; deletes language diminishing Federal trust responsibility to tribes. (52-47)


Burmese Freedom and Democracy Act of 2003 (S. 1215)
220 6-11 Y Passage. (97-1)


Energy Policy Act (S. 14)
221 6-12 Y Graham (FL), et. al., amendment: Strikes section of underlying bill that requires Secretary to conduct an inventory and analysis of oil and natural gas resources beneath all of the waters of the U.S. outer continental shelf. (45-53)


Aviation Investment and Revitalization Vision Act (H.R. 2115)
222 6-12 Y Lautenberg amendment: Prohibits Transportation Secretary from privatizing core air traffic control functions, system specialists and maintenance of certifiable systems and flight service stations operated by FAA. (56-41)

223 6-12 N Inhofe-Kyl-Thomas amendment: Increases age limit on pilots for commercial air carriers from 60 to 65 years of age, but does not change authority of FAA to take steps to ensure safety of air transportation operations involving a pilot who is 60 years of age or older. (44-52)

224 6-12 N Lott amendment (to Specter amendment that requires Administrator to issue regulations to ensure that foreign repair stations meet same level of safety required at domestic repair stations; and requires Administrator to establish certain conditions for foreign repair stations to be certified to work on U.S. registered aircraft): Requires FAA Administrator to conduct study of safety standards at foreign repair stations. (42-52)


Aviation Investment and Revitalization Vision (H.R. 2115)
225 6-12 Y Passage. (94-0)


Nomination of R. Hewitt Pate to be an Assistant Attorney General
226 6-13 Y Confirmation. (71-0)


Medicare Presciption Drug (S. 1)
227 6-18 Y Stabenow amendment: Provides for prescription drug program under traditional Medicare program to be available to all eligible beneficiaries in every year in addition to any private plans that may be available, and authorizes Center for Medicare and Medicaid Services administrator to adjust requirements or payments to control costs of program. (37-58)

228 6-19 Y Enzi-Reed amendment: Requires entity or organization offering prescription drug plan to disclose to Administrator of Center for Medicare and Medicaid Services the extent to which they pass onto Medicare beneficiaries any rebates or discounts they receive from drug manufacturers; provides for periodic audits of financial statements and records of eligible entity or organization offering prescription drug plan which are to be conducted by an auditor chosen by Administrator; and requires an entity offering prescription drug plan to permit enrollees to fill 90-day prescriptions through community pharmacy rather than through mail order and may permit a differential amount to be paid by such enrollees. (95-0)

229 6-19 Y Daschle amendment: Provides that Medicare beneficiaries cannot be charged more than 10 percent above national average monthly prescription drug premium. (39-56)

230 6-19 Y Gregg et. al., amendment: Closes loopholes in current drug patent laws to provide for timely access to generic prescription drugs. (94-1)


American History and Civics Education (S. 504)
231 6-20 Y Passage. (90-0)


Medicare Presciption Drug (S. 1)
232 6-20 Y Dorgan amendment: Authorizes Secretary, after consultation with U.S. Trade Representative and Commissioner of Customs, to promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the U.S.; retains all of safety requirements included in Medicine Equity and Drug Safety Act (MEDS), and provides for suspension of importation if any covered product should be found to be counterfeit or otherwise violate any of the requirements of MEDS Act; eliminates five-year sunset in MEDS Act; includes "non-discrimination" provision to ensure that drug manufacturers will not be able to manipulate supply of covered drugs to pharmacists or wholesalers; requires Canadian pharmacies and wholesalers that provide drugs for importation to register with HHS; excludes any drugs that are infused, intravenously injected, or inhaled during a surgical procedure from authorization to import; allows individuals to import prescription drugs from Canada as long as medicine is for their own personal use and is a 90-day supply or less; and makes provisions effective only if Secretary of HHS certifies that implementation of section will pose no risk to public's health and safety, and results in significant reduction in cost of covered products to American consumer. (62-28)

233 6-24 N Santorum motion to table Rockefeller-Carper-Graham amendment: Changes definition of "true out of pocket" expenses contained in bill to include payments made by employers for retiree drug coverage on behalf of beneficiaries and other third party coverage not currently counted toward the stop loss under underlying bill. (52-43)

234 6-24 N Grassley motion to table Dodd-Lieberman amendment: Extends period of continuous open enrollment and disenrollment for beneficiaries in Medicare prescription drug plans and Medicare Advantage plans through 2007. (55-42)

235 6-24 N Santorum motion to table Pryor amendment: Prohibits manufacturers of pharmaceutical products from selling pharmaceuticals to wholesalers or retailers in U.S. on terms that are not substantially the same as most favorable terms on which manufacturer has agreed to sell product to any purchaser in Canada; specifies that HHS Secretary may bring civil action in U.S. District Court against person that violates the prohibition for an order (1) enjoining violation, and (2) awarding damages in the amount of the value of difference between the terms on which the manufacturer sold the product and the terms on which it was sold in Canada; and makes the provision effective two years after enactment only if final regulations have not been promulgated permitting the importation and reimportation of prescription drugs from Canada. (66-31)

236 6-24 N Santorum motion to table Boxer-Mikulski amendment: Eliminates coverage gap and continues 50-50 cost-sharing up to $5800 catastrophic level. (54-42)

237 6-24 Y Dayton amendment: Provides that prescription drug benefits for any Member of Congress who is enrolled in Federal employees health benefits plan may not exceed level of prescription drug benefits passed in this bill. (93-3)

238 6-24 N Santorum motion to table Lincoln-Conrad amendment: Allows Medicare beneficiaries who are enrolled in fallback plans to remain in such plans for two year cycles (underlying bill allows these individuals to remain in such plans for 1 year cycles); and provides parity between private drug-only plans and Medicare fallback plans by allowing same two year contract cycles for both. (51-45)

239 6-24 Y Lautenberg-Reid amendment: Changes effective date for prescription drug benefit provisions of underlying bill to July 1, 2004, (the bill provides for benefit to begin in January, 2006). (41-54)

240 6-24 Y Dodd amendment: Provides beneficiaries with incomes between 160 percent and 250 percent of bill's poverty line with a 50 percent cost sharing benefit for all pharmaceuticals bought after beneficiary reaches the initial coverage gap and before he/she reaches annual out-of-pocket limit. (41-54)

241 6-24 Y Dodd-Kennedy-Mikulski amendment: Modifies amount of direct subsidy provided to qualified retiree prescription drug plan to be equal to monthly national average premium for the year. (41-55)

242 6-25 Y Bingaman-Snowe, et al., amendment which requires the Secretary of Health and Human Services to reimburse Federally qualified health centers for services rendered to an individual who is enrolled with a MedicareAdvantage plan, if payment for such services to the health center were insufficient to cover these costs. (94-1)

243 6-25 Y Edwards amendment: Gives the Secretary authority to require drug companies to assess their copycat drugs against ones that already exist and include those comparisons in their ads to consumers; requires drug companies to release ads with balanced visual and aural information; imposes civil penalties for companies that violate drug advertisement rules; and requires the Secretary to speed up the drug advertisement review. (26-69)

244 6-25 Y Graham (FL) amendment: Provides that an eligible beneficiary is not responsible for paying applicable percent of monthly national average premium while beneficiary is in the coverage gap and to sunset the bill, and for other purposes. (39-56)

245 6-25 N Durbin amendment: Creates a Medicare-delivered drug plan providing choice for seniors, that would seek to cut prescription drug costs through group negotiating strategies; provides a meaningful benefit; no deductible, lower co-pays, no coverage gap; strikes the provision in the underlying bill which provide incentives for employers to drop coverage for retirees; and provides for implementation of the drug benefit program as soon as practicable; and continues until the $400 billion has been expended. (39-56)

246 6-25 Y Clinton amendment: Requires a study by the Director of the National Institutes of Health on the comparative effectiveness and, if appropriate, safety of important Medicare covered drugs to ensure that consumers can make meaningful comparisons about the quality and efficacy, and authorizes $75 million for FY04, and such sums as may be necessary for each fiscal year thereafter. (43-52)

247 6-26 N Santorum motion to table the Harkin-Smith (OR) amendment: Establishes demonstration project under Medicaid program to encourage the provision of community-based services to individuals with disabilities. (50-48)

248 6-26 Y Edwards-Harkin amendment: Strengthens protections for consumers against misleading direct-to-consumer drug advertising. (39-59)

249 6-26 Y McConnell amendment: Provides the following benefits to assist seniors with cancer: for seniors whose income is below the poverty line, the provision requires that seniors pay no deductible, no monthly premium, and reduces their cost sharing; for seniors with an income between 135 percent and 150 percent of the poverty line the provision reduces the deductible to $50 for 2006, requires no monthly premium, and reduces their cost sharing; and for seniors with an income greater than 160 percent of the poverty line, the provision requires a deductible of $275 for 2006, limits cost sharing to $4,500 for 2006, and for 2006 sets an annual out of pocket limit of $3,700 with 10 percent cost sharing after the limit is reached. (97-1)

250 6-26 N Grassley motion to table the Boxer amendment: Eliminates the the "benefit shutdown" or coverage gap for individuals with cancer. (54-44)

251 6-26 Y Bingaman amendment: Updates, beginning in 2009, the asset or resource test used for purposes of determining eligibility of low-income beneficiaries for premium and cost-sharing subsidies. (68-30)

252 6-26 Y McConnell amendment: Protects seniors with cardiovascular disease, cancer, diabetes, or Alzheimer's disease. (98-0)

253 6-26 N Motion to table Durbin amendment: Provides additional assistance for certain eligible beneficiaries under part D. (57-41)

254 6-26 Y Dorgan-Pryor amendment (to the Grassley-Baucus amendment -- vote No. 255) which requires the Administrator of the Center for Medicare and Medicaid Services to annually reduce individual premiums in 2009 through 2013 sufficiently to decrease the aggregate beneficiary obligations by $2.4 billion for that year. (39-59)

255 6-26 Y Grassley amendment: Evaluates alternative payment and delivery systems. (71-26)

256 6-26 N Sessions amendment: Expresses sense of the Senate that the Finance Committee should hold hearing regarding permitting States to provide health benefits to legal immigrants under Medicaid and SCHIP as part of reauthorization of the temporary assistance for needy families program. (33-65)

257 6-26 Y Rockefeller amendment: Makes all Medicare beneficiaries eligible for Medicare prescription drug coverage. (47-51)

258 6-26 Y Bingaman amendment: Permits establishment of two new Medigap plans for Medicare beneficiaries enrolled for prescription drug coverage under part D. (43-55)

259 6-26 Y Levin amendment: Ensures that current retirees who have prescription drug coverage who will lose their prescription drug coverage as a result of enactment of this legislation have option of drug coverage under Medicare fallback. (42-54)

260 6-26 N Hagel amendment: Provides Medicare beneficiaries with drug discount card that ensures access to affordable prescription drugs. (21-75)

261 6-26 N Motion to table Feinstein amendment: Provides for an income-related increase in part B premium for individuals with income in excess of $75,000 and married couples with income in excess of $150,000. (38-59)

262 6-26 Y Passage. (76-21)
       

Nomination of David G. Campbell to be U.S. District Judge
263 7-8 Y Confirmation. (92-0)


Medical Liability Caps (S. 11)
* 264 7-9 N Cloture motion on motion to proceed to bill. (49-48)


Nomination of Victor Wolski to be Judge of U.S. Court of Federal Claims
265 7-9 Y Confirmation. (54-43)


Child Tax Credit (S. 1162)
266 7-9 N Frist motion to table Daschle motion to proceed to bill. (51-45)


State Department Authorization (S. 925)
267 7-9 N Lugar motion to table the Boxer-Chafee, et al., amendment: Provides that forgein nongovernmental organizations that receive USAID funding shall not be penalized if they offer health or medical services, including counseling and referral services, with their own funds, if such services do not violate the laws of the country in which they are being provided and would not violate United States Federal law if provided in the United States, and provides that foreign NGOs shall not be penalized for using their own funds for advocacy and lobbying activities in their own country. (43-53)

268 7-10 Y Reid amendment: Authorizes $100 million in FY 2004 for programs in Mexico that promote the following: micro credit lending, small business and entrepreneurial development, small farms and farmers that have been impacted by the collapse of coffee prices, and strengthening the system of private property ownership in the rural communities; and expresses the sense of Congress that: the United States should continue working closely with the government of Mexico to help minimize the impact of the current rural development crisis in Mexico, and that crisis creates a humanitarian, economic and security imperative for the United States government to support additional programs focused on the under funded rural communities of Mexico. (54-43)

* 269 7-10 Y Murray motion to waive Budget Act to permit consideration of Murray amendment: Provides additional weeks of temporary extended unemployment compensation for individuals who have exhausted such compensation and makes extended unemployment benefits under Railroad Unemployment Insurance Act temporarily available for employees with less than 10 years of service. (48-48)

270 7-10 Y Bingaman amendment: Expresses the sense of Congress that Congress, when considering appropriations Acts for fiscal year 2004, should fully appropriate the amounts authorized for appropriation in the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, even to the extent that appropriating such amounts will require Congress to appropriate amounts over and above the funding levels contained in the Concurrent Resolution on the Budget for FY 2004. (78-18)

271 7-10 Y Biden amendment: Expresses sense of Congress that: (1) it is in the national security interests of U.S. to remain engaged in Iraq in order to ensure a peaceful, stable, unified Iraq with a representative government, (2) President should consider requesting formally and expeditiously that NATO raise a force for deployment in post-war Iraq similar to what it has done in Afghanistan, Bosnia and Kosovo and the Congress urges NATO allies and other nations to provide troops and police troops and police to Coalition efforts in Iraq, (3) the President should consider calling on the United Nations to urge its member states to provide military forces and civilian police to promote stability and security in Iraq and resources to help rebuild and administer Iraq. (97-0)


Legislative Branch Appropriations, 2004 (H.R. 2657)
272 7-11 Y Stevens motion to table the Sessions amendment which strikes the additional $100 million for "Corporation for National and Community Service, National and Community Service Programs Operating Expenses" including the Americorps program. (71-21)

273 7-11 Y Passage. (85-7)


Military Construction Appropriations, 2004 (H.R. 2559)
274 7-11 Y Passage. (91-0)


Nomination of Samuel Der-Yeghiayan to be U.S. District Judge for the Northern District of Illinois
275 7-14 Y Confirmation. (89-0)


Nomination of Lonny R. Suko to be U.S. District Judge for the Eastern District of Washington
276 7-15 Y Confirmation. (94-0)


DOD Appropriations, 2004 (H.R. 2658)
277 7-15 N Stevens motion to table the Byrd amendment (to the Stevens amendment): Prohibits the use of funds to involuntarily order any member of the National Guard or other Reserve component to active duty for overseas deployment of more than 180 days, or for more than one overseas deployment in any 360 day period. (64-31)

278 7-16 N Stevens motion to table the Dorgan amendment: Requires the President to submit, by July 29, 2003, a budget amendment for FY 2004, which sets forth the cost of U.S. military operations in Iraq and Afghanistan. (53-41)

279 7-16 N Stevens motion to table Bingaman, et al., amendment: Requires the President to submit a report to Congress, within 90 days of enactment, on individuals being detained by the U.S. government as enemy combatants setting forth the name and nationality of each individual being detained; provides that the U.S. should state whether it intends to charge, repatriate, or release such individual; or if a determination has not been made whether to charge, repatriate, or release such individual, a description of the procedures and schedule to be employed to determine whether to charge, repatriate or release the individual; allows the Secretary to include an individual in a classified annex in the report, if it is determined that the inclusion of the individual's name would harm the security of the United States; and requires the report, to the maximum extent practicable, to be submitted in unclassified form, but may include a classified index. (52-42)


Burmese Freedom and Democracy (H.R. 2330)
280 7-16 Y Passage. (94-1)


DOD Appropriations, 2004 (H.R. 2658)
281 7-16 N Cochran motion to table the Boxer-Landrieu-Murray amendment: Requires the Secretary of Defense to submit a report to the Congressional defense committees every 30 days; and requires the report to detail the costs of the war in Iraq as well as the contributions of foreign countries. (50-45)

282 7-16 Y Daschle amendment: Provides National Guard and Reserve forces access to TRICARE. (93-2)

283 7-16 N Kennedy amendment: Requires report on U.S. strategy for reconstruction in Iraq. (52-43)

284 7-16 N Stevens motion to table the Corzine Amendment: Establishes a 12 member commission to examine and report on the role of policymakers in the development and use of intelligence related to Iraq and Operation Freedom; empowers the commission to hold hearings, take testimony, receive evidence, administer oaths, issue and enforce subpoenas, and authority to hold closed meetings; requires the commission to submit to the President and Congress no later than 9 months after the date of the first meeting of the commission a report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of the commission members; and authorizes $5 million which is to remain available until expended. (51-45)

285 7-16 Y Stevens motion to table the McCain amendment which prohibits the obligation or expenditure of any funds for the following programs, projects, and activities: (1) $2.5 million for canola oil fuel cell initiative; (2) $1 million for Shakespeare in America military communities; (3) $1 million for control of brown tree snakes; (4) $1 million for the Academy for Closing and Avoiding Achievement Gaps; and (5) $500,000 for hangar renovation at the former Griffis Air Force Base, New York. (79-16)

286 7-17 Y Byrd amendment: Expresses the sense of the Senate that: any request for funds for a fiscal year for an ongoing overseas military operation, including operations in Afghanistan and Iraq, should be included in the annual budget of the President for such fiscal year as submitted to Congress; and any funds provided for such fiscal year for such a military operation should be provided in appropriations Acts for such fiscal year through appropriations to specific accounts set forth in such Acts. (81-15)

287 7-17 N Stevens motion to table the Durbin amendment which limits the availability of $50 million in funding for the Intelligence Community Management Account until the President submits to the appropriate Congressional committees a report on the role of Executive Branch policymakers in the development and use of intelligence relating to Iraq and Operation Iraqi Freedom. (62-34)

288 7-17 N Stevens motion to table the Byrd, et al., amendment: Rescinds $1.1 billion appropriated in FY2004 to the Department of Defense for research, development, test and evaluation; and transfers the $1.1 billion to the following accounts: (1) $750 million to the Coordinator of U.S. government activities to Combat HIV/AIDS Globally, for an additional contribution to the Global Fund to fight AIDS, Tuberculosis and Malaria; and (2) $350 million to the Secretary of Health and Human Services for global HIV/AIDS programs of the Centers for Disease Control and Prevention and the National Institutes of Health. (71-24)


Nomination of Allyson Duncan to be U.S. Circuit Judge
289 7-17 Y Confirmation. (93-0)


DOD Appropriations, 2004 (H.R. 2658)
290 7-17 Y Passage. (95-0)


Homeland Security Appropriations, 2004 (H.R. 2555)
291 7-22 Y Byrd motion to waive the Budget Act to permit consideration of the Byrd amendment: Adds $1.75 billion in funding for Homeland Security, including: $283.5 million for customs and border protection; $100 million for aviation cargo security; $532 million for port and land security; $70 million for costs associated with the review of vessel and facility security plans for the Maritime Transportation Security Act; $792.5 million for first responder grants; and $80 million for chemical facility security assessments. (43-50)

292 7-23 Y Boxer amendment: Requires the Secretary of Homeland Security to issue a classified report to Congress detailing the costs incurred by the State and local law enforcement personnel of each State in complying with requests and requirements of the Secret Service to provide protective services and transportation for foreign and domestic officials. (79-19)

* 293 7-23 Y Murray motion to waive Budget Act to permit consideration of Murray amendment: Increases funding for emergency management performance grants. (45-53)

294 7-23 N Cochran motion to table the Hollings-Graham (FL) amendment: Increases funding for Port Security grants to $450 million; and offsets the increase by reducing the funds provided for information analysis and infrastructure protection by $300 million. (50-48)

* 295 7-23 Y Schumer motion to waive Budget Act to permit consideration of Schumer amendment: Provides additional $70 million for research and development to be used for grants to national laboratories, private nonprofit organizations, institutions of higher education, and other entities for support of research and development of technologies to be used for port security, including technologies to detect nuclear materials entering ports. (45-51)

* 296 7-23 Y Mikulski motion to waive Budget Act to permit consideration of Mikulski amendment: Increases funding for firefighter assistance grants from $750 million to $900 million. (48-49)

* 297 7-23 Y Corzine motion to waive Budget Act to permit consideration of Corzine amendment: Appropriates $8 million for Office of the Under Secretary for Information Analysis and Infrastructure Protection to conduct chemical facility security assessments. (43-52)

* 298 7-23 Y Schumer motion to waive Budget Act to permit consideration of Schumer amendment: Provides additional $200 million to increase the number of border personnel at northern border of U.S. by end of FY2004. (45-51)

* 299 7-24 Y Dodd motion to waive Budget Act to permit consideration of Dodd, et al., amendment: Increases Homeland Security funding by $14.4 billion, including: $518 million for Federal Law Enforcement Training Center; $8.6 billion for State and Local Domestic Preparedness; $2.25 million for Firefighter Assistance Grants; $2.48 million for Emergency Preparedness and Response Operating Expenses; and $495 million for Emergency Management Performance Grants. (41-54)

300 7-24 N Cochran motion to table Byrd amendment: Increases funding to fulfill homeland security promises by $242 million, as follows: (1) $100 million for port and maritime security grants; (2) $42 million for U.S. Coast Guard operating expenses for review of vessel and facility security plans and the development of area security plans; and (3) $100 million for firefighter assistance grants; requires $50 million of the funds made available to the Office of the Under Secretary for Information Analysis and Infrastructure Protection to be used for chemical facility security assessments; and offsets by reducing the account for the Office of the Under Secretary for Information Analysis and Infrastructure Protection. (51-45)

* 301 7-24 Y Specter motion to waive Budget Act to permit consideration of Specter, et al., amendment: Increases funding for discretionary grants for use in high-threat urban areas by $250 million. (50-46)

302 7-24 Y Schumer, et al., amendment: Increases funding for discretionary grants for high-threat urban areas by $250 million; and offsets by making the following reductions: $187.4 million from the necessary expenses account for Information Analysis and Infrastructure Protection in Office of the Undersecretary; and (2) $62.6 million from necessary expenses account for science and technology research, development, acquisition and operations in Office of the Undersecretary for Science and Technology. (48-48)

303 7-24 Y Byrd, et al., amendment: Prohibits using funds appropriated in this Act for the activities of any advisory committee that has been exempted from the Federal Advisory Committee Act in the Homeland Security Act of 2002. (46-50)

* 304 7-24 Y Reed motion to waive Budget Act to permit consideration of Reed, et al., amendment: Provides $100 million in grants for public transit agencies to enhance security of transit facilities against chemical, biological and other terrorist attacks; and requires Secretary to submit a report to Congress, within 60 days of enactment, that includes: (1) amount of funds appropriated to TSA that have been allocated for activities designed to improve public transportation security; (2) the number of full-time TSA personnel engaged in activities designed to improve public transportation security; (3) the strategic plan of the TSA for improving the security of our Nation's public transportation system; and (4) recommendations from the TSA for any policy changes needed to ensure that the TSA, in coordination with other agencies within the Department of Homeland Security, will effectively improve public transportation security for our Nation's transit riders. (44-50)

305 7-24 Y Byrd amendment: Applies same ethical post employment restrictions on employees of Homeland Security Department and the Office of Homeland Security within Executive Office of the President that apply to Senators and their senior staff. (46-46)

306 7-24 Y Passage. (93-1)


Nomination of Earl Leroy Yeakel to be U.S. District Judge
307 7-28 Y Confirmation. (91-0)

Nomination of Priscilla R. Owen to be U.S. Circuit Judge for the Fifth Circuit
* 308 7-29 N Cloture motion on nomination of Priscilla R. Owen to be U.S. Circuit Judge for the Fifth Circuit. (53-43)


Energy Policy Act (S. 14)
309 7-29 Y Durbin, et al., amendment: Increases minimum fuel economy standards for passenger automobiles from 25 miles per gallon in model year 2006 to 40 miles per gallon in model year 2014; increases the minimum fuel economy standards from 17 miles per gallon in model year 2006 to 27.5 miles per gallon in model year 2014; requires Transportation Secretary, in consultation with the Administrator of the EPA, to submit to Congress a biennial report on testing quality which includes an assessment of the accuracy of the fuel economy determined for automobiles in relation to actual highway and road vehicle fuel economy, and a discussion of changes in testing methodology that are planned to be made and its effects on fuel economy testing, so that standards are neither more nor less stringent than the standards would be under the fuel economy procedure in place at the date of the enactment of this provision; requires the President to prescribe the following regulations regarding exceptionally fuel-efficient vehicles: (1) at least 20% of the passenger automobiles leased or bought by executive agencies must have fuel economy standards that are no less than 5 miles per gallon better than the average fuel economy standard, and 2) after 2009, at least 10,000 vehicles in the fleet of automobiles used by executive agencies must have a fuel economy that is at least 5 miles per gallon higher than the average fuel economy standards. (32-65)

310 7-29 N Bond, et al., modified amendment: Requires Secretary to issue new regulations setting forth increased average fuel economy standards for passenger and non-passenger automobiles; requires the Secretary to consider many factors when deciding the maximum feasible average fuel economy standards, including (1) the desirability of reducing U.S. dependence on imported oil, (2) the effects of the average fuel economy standards on motor vehicle and passenger safety, (3) the effects of increased fuel economy on air quality, (4) the effects of compliance with average fuel economy standards on levels of employment in the U.S., and (5) the cost and lead time necessary for the introduction of the necessary new technologies; requires an environmental assessment of the effects of the increased standards; establishes expedited procedures if the Secretary fails to issue final regulations with respect to increased fuel economy standards; requires the Secretary to accelerate research and development directed toward the improvement of batteries and other rechargeable energy storage systems, power electronics, hybrid systems integrations, other technologies for use in hybrid vehicles and diesel fueled motor vehicles; requires Federal agencies to procure hybrid vehicles starting in 2005, unless the requirement is waived by the head of the agency. (66-30)

311 7-30 Y Cantwell amendment: Prohibits manipulative practices in electricity markets (rather than just round-trip trading, as included in the underlying bill); specifies that electricity rates resulting from manipulative practices are not just and reasonable under the Federal Power Act; and directs the Federal Energy Regulatory Commission to revoke a company's ability to sell power market based rates, if the Commission finds or has found that the company has knowingly endeavored to manipulate electricity markets. (48-50)


Nomination of Miguel A. Estrada to be U.S. Circuit Judge for the D.C. Circuit
* 312 7-30 N Frist, et al., cloture motion on nomination of Miguel A. Estrada to be U.S. Circuit Judge for D.C. Circuit. (55-43)


Energy Policy Act (S. 14)
313 7-30 N Domenici motion to table the Bingaman amendment (to the Domenici-Landrieu amendment regarding electricity laws): Strikes the section of the underlying amendment relating to electric utility mergers; and inserts language to: (1) expand the scope of the Federal Energy Regulatory Commission (FERC) to review mergers, acquisitions and disposition of assets to include holding companies that own utilities, certain gas and electric company mergers and generation facilities, (2) establish stronger standards for FERC approval of such transactions, and (3) provide for expedited review of certain transactions. (53-44)

314 7-30 N Thomas motion to table the Bingaman amendment (to the Domenici-Landrieu, et al., amendment regarding electricity laws): Clarifies that delay of Federal Energy Regulatory Commission (FERC) rulemaking on standard market design (SMD) applies only to the standard market design rule and rules and orders of general applicability of the same scope as that rule; replaces language that would prohibit FERC from issuing orders of general applicability or rules on matters within the scope of the proposed SMD rule. (54-44)

315 7-30 N Domenici motion to table Feingold-Brownback amendment (to the Domenici-Landrieu amendment regarding electricity law): Requires the Federal Regulatory Commission (FERC) to issue rules regulating transactions between affiliate, associate and subsidiary companies, in light of PUHCA repeal contained in the underlying bill; the rules shall (1) establish ring-fencing in the electric utility industry, (which is a corporate tool used to wall off certain assets or liabilities within a holding company), (2) require non-utility affiliates to separate management, boards, assets, books, records, and bank accounts from regulated utility and all transactions must be done at arm's length from the utility; and (3) place financial limitations on dividends, intercompany loans and asset transfers to protect regulated utilities; does not preclude or deny the right of any state or political subdivision thereof to adopt or enforce more stringent standards for the corporate and financial separation of public utilities and non-utility companies within a holding company; prohibits a public utility to enter onto or take steps in the performance of any transactions with any affiliate, associate company, or subsidiary company in violation of the regulations. (50-48)


Nomination of William H. Pryor, Jr. to be U.S. Circuit Judge for the Eleventh Circuit
* 316 7-31 N Frist, et al., cloture motion on nomination of William H. Pryor, Jr. to be U.S. Circuit Judge for Eleventh Circuit. (53-44)


Energy Policy Act (H.R. 6)
317 7-31 N Passage. (84-14)


United States-Singapore Free Trade Agreement Implementation Act (H.R. 2739)
318 7-31 N Passage. (66-32)


United States-Chile Free Trade Agreement Implementation Act (H.R. 2738)
319 7-31 N Passage. (66-31)


Nomination of James I. Cohn to be U.S. District Judge for the Southern District of Florida
320 7-31 Y Confirmation. (96-0)


Nomination of Frank Montalvo to be U.S. District Judge for the Western District of Texas
321 7-31 Y Confirmation. (95-0)
   

Labor-HHS-Education Appropriations, 2004 (H.R. 2660)
* 322 9-3 Y Reid motion to waive the Budget Act to permit consideration of the Reid, et al., amendment (to the Specter substitute amendment): Increases funding for various education programs by total of $210 million including: $20 million for dropout prevention; $85 million for language instruction; $6.449 million for Hispanic-serving institutions; $4.587 million for migrant education; $11 million for high school equivalency program activities; $1 million to carry out college assistance migrant program activities; $12.776 million for parental assistance & local family information centers; and $69 million for migrant and seasonal Head Start programs; and offsets by decreasing FY 2004 advances and re-appropriates the funds in FY2003. (46-48)

* 323 9-3 Y Reid motion to waive the Budget Act to permit consideration of the Dorgan-Inhofe, et al., amendment (to the Specter substitute amendment): Provides additional $187 million for the Impact Aid program. (53-43)

* 324 9-3 Y Reid motion to waive the Budget Act to permit consideration of Dayton amendment (to the Specter substitute amendment): Increases funding for parts B, C, and D of Individuals with Disabilities Education Act (IDEA) from $11.0 billion to $22.1 billion, allowing program to be fully funded. (42-54)

* 325 9-4 Y Reid motion to waive Budget Act to permit consideration of Murray amendment (to the Specter substitute amendment): Provides additional $801 million to Workforce Investment Act as follows: $100 million for adult employment and training activities; $159 million for dislocated worker employment and training activities; $99 million for youth activities; $250 million for youth opportunity grants; $23 million for migrant and seasonal farmworker programs; $20 million for Native American programs; and $150 million for one-stop center infrastructure; and offsets by decreasing FY 2004 advances and re-appropriates funds in FY 2003. (46-49)

* 326 9-4 Y Harkin motion to waive Budget Act to permit consideration of Daschle amendment (to the Specter substitute amendment): Provides additional $132 million for rural education grant programs. (52-43)


Nomination of Steven M. Colloton be be U.S. Circuit Judge for the Eighth Circuit
327 9-4 Y Confirmation. (94-1)


Labor-HHS-Education Appropriations, 2004 (H.R. 2660)
* 328 9-5 Y Harkin motion to waive Budget Act to permit consideration of Clinton amendment (to the Specter substitute amendment): Provides additional $93.2 million for bioterrorism preparedness workforce as follows: $20 million to encourage personnel to enter epidemiology and bioterrorism detection careers, $43.2 million for Disease Control, Research, and Training, and $30 million for Public Health and Social Services Emergency Fund. (41-47)

* 329 9-5 Y Harkin motion to waive Budget Act to permit consideration of Harkin, et. al., amendment (to the Specter substitute amendment): Provides additional $1 billion for school construction; and offsets by decreasing FY 2004 advances and re-appropriating funds in FY 2003. (43-46)

* 330 9-9 Y Reid motion to waive Budget Act to permit consideration of the Byrd, et al., amendment (to the Specter substitute amendment): Adds $6.15 billion to the Title I grant program targeting education for the disadvantaged, raising the appropriated level for Title I to the level authorized in the No Child Left Behind Act for FY 2004; and rescinds $6.15 billion in FY 2004 advance appropriations in the FY 2003 Labor- HHS appropriations bill and re-appropriates those monies in FY 2003. (44-51)

* 331 9-9 Y Kennedy motion to waive Budget Act to permit consideration of the Kennedy amendment (to the Specter substitute amendment): Increases education funding levels by $2.2 billion for the following: $1.69 billion for the Federal Pell Grants for an increase in the maximum grant amount from $4,050 to $4,500; $115 million for Federal Supplemental Education Opportunity Grants; $157 million for Federal Work-Study Programs; $33.4 million for Leveraging Educational Assistance Partnership Program; $160 million for Federal Trio Programs; $57 million for Gear Up Programs; $33 million for loan cancellations under the Federal Perkins Loans; $13.2 million for Graduation Assistance in Areas of National Need; and $7 million for the Thurgood Marshall Legal Educational Opportunity Program. (49-46)

* 332 9-9 Y Durbin motion to waive Budget Act to permit consideration of Durbin, et al., amendment (to the Specter substitute amendment): Provides an additional $940 million to fully fund the President's $3 billion pledge to the Global Fund to Fight Aids, Tuberculosis, and Malaria; and offsets by decreasing FY 2004 advances and re-appropriating the funds in FY 2003. (43-51)

* 333 9-9 Y Dodd motion to waive the Budget Act to permit consideration of the Dodd, et al., amendment (to the Specter substitute amendment): Provides an additional $350 million for Head Start; and offsets by decreasing FY 2004 advances and re-appropriating the funds in FY 2003. (47-47)

334 9-10 Y Harkin, et al., amendment (to Specter substitute amendment): Prohibits use of any funds to promulgate or implement any regulation that exempts payment of overtime. (54-45)

* 335 9-10 Y Schumer motion to waive Budget Act to permit consideration of Schumer, et al., amendment (to Specter substitute amendment): Provides additional $401 million for programs under Ryan White Care Act; and offsets by decreasing FY 2004 advances and re-appropriating funds in FY 2003. (44-53)

* 336 9-10 Y Reed motion to waive Budget Act to permit consideration of Reed-Collins, et al., amendment (to Specter substitute amendment): Provides additional $300 million for Low-Income Home Energy Assistance (LIHEAP); and offsets by decreasing FY 2004 advances and re-appropriating funds in FY 2003. (49-46)

* 337 9-10 Y Reed motion to waive Budget Act to permit consideration of Reed, et al., amendment (to Specter substitute amendment): Provides additional $50 million for immunization services; and offsets by decreasing FY 2004 advances and re-appropriating funds in FY 2003. (47-49)

* 338 9-10 Y Reed motion to waive Budget Act to permit consideration of the Reed, et al., amendment (to Specter substitute amendment): Provides additional $44 million for literacy, library and museum programs; and offsets by decreasing FY 2004 advances and re-appropriating funds in FY 2003. (47-49)

339 9-10 Y Corzine, et al., amendment (to Specter amendment): Prohibits use of funds to implement recent Education Department change in formula for establishing level of Pell Grants and other loans and student financial assistance, thereby reducing aid to students in all states other than Connecticut, by reducing amount that families are assumed to pay in State and local taxes; and offsets by delaying obligation of $200 million in NIH funding until September 30, 2004. (50-45)

* 340 9-10 Y Boxer motion to waive Budget Act to permit consideration of Boxer, et al., amendment (to Specter substitute amendment): Provides additional $250 million for after school programs under Elementary and Secondary Education Act (ESEA), providing coverage for additional 300,000 children; and offsets by decreasing FY 2004 advances and re-appropriating funds in FY 2003. (46-49)

* 341 9-10 Y Landrieu motion to waive Budget Act to permit consideration of Landrieu, et al., amendment (to Specter substitute amendment): Provides additional $100 million for promoting safe and stable families program; provides additional $18 million for independent living training vouchers; and offsets by decreasing FY 2004 advances and re-appropriating funds in FY 2003. (49-46)

342 9-10 N Durbin, et al., amendment (to Specter substitute amendment): Prohibits Education Department from enforcing implementation of interventions, penalties and mandates under No Child Left Behind, if amount appropriated by this Act for Title I is less than $18.5 billion. (28-67)

* 343 9-10 Y Durbin motion to waive Budget Act to permit consideration of Durbin, et al., amendment (to Specter substitute amendment): Provides additional $325 million for grants to States for teacher quality programs; provides additional $62 million for Preparing Tomorrow's Teacher to Use Technology; provides additional $50 million for Mathematics and Science Partnerships program; provides additional $12.5 million for the school leadership program; and offsets by decreasing FY 2004 advances and re-appropriating funds in FY 2003. (43-51)

344 9-10 N Ensign amendment (to Specter substitute amendment): Provides additional $100 million to fund after school programs; and offsets by an across-the-board uniform percentage reduction in all programs covered under this bill except those programs under Education Department. (7-87)

* 345 9-10 Y Landrieu motion to waive Budget Act to permit consideration of Landrieu, et al., amendment (to Specter substitute amendment): Provides additional $100 million to Centers for Disease Control to fund the Mosquito Abatement for Safety and Health Act; and is offset by decreasing FY 2004 advances and re-appropriating funds in FY 2003. (46-49)

* 346 9-10 Y Specter motion to waive Budget Act to permit consideration for Specter, et al., amendment (to Specter substitute amendment): Provides additional $1.5 billion for National Institutes of Health (NIH); and designates this additional money as emergency spending. (52-43)

347 9-10 Y Passage. (94-0)


FCC Media Ownership (S.J.Res. 17)
348 9-16 Y Passage. (55-40)


Energy and Water Appropriations, 2004 (H.R. 2754)
* 349 9-16 N Domenici motion to table Feinstein, et al., amendment: Reduces amount appropriated for National Nuclear Security Administration by $21 million, with the amount of reduction to be allocated so that: (1) no funds shall be available for Robust Nuclear Earth Penetrator, and (2) no funds shall be available for Advanced Weapons Concepts program; prohibits use of funds from being obligated or expended for purpose of modifying readiness posture of Nevada Test Site, Nevada, for resumption by U.S. of underground nuclear weapons tests from current readiness of posture of 24 months to 36 months to a new readiness posture of 18 months or any other readiness posture of less than 24 months; prohibits use of funds for purpose of site selection of Modern Pit Facility; and reduces public debt by $21 million. (53-41)

350 9-16 Y Passage. (92-0)


Partial-Birth Abortion Ban Act of 2003 (S. 3)
351 9-17 Y Motion to disagree with House amendment to bill and insist that Harkin language supporting Roe v. Wade remain in bill. (Harkin language expresses sense of Senate that decision of Supreme Court in Roe v. Wade was appropriate and secures an important constitutional right and that such a decision should not be overturned.) (93-0)


Nomination of R. David Proctor to be U.S. District Judge for the Northern District of Alabama
352 9-17 Y Confirmation. (92-0)


Nomination of Sandra J. Feuerstein to be U.S. District Judge for Eastern District of New York
353 9-17 Y Confirmation. (92-0)


Nomination of Glen E. Conrad to be U.S. District Judge for the Western District of Virginia
354 9-22 Y Confirmation. (89-0)


Nomination of Henry F. Floyd to be U.S. District Judge for the District of South Carolina
355 9-22 Y Confirmation. (89-0)


Interior Appropriations, 2004 (H.R. 2691)
* 356 9-23 Y Daschle motion to waive Budget Act to permit consideration of Daschle amendment: Provides additional funds for clinical services of the Indian Health Service, with an offset. (49-45)