[Congressional Record Volume 150, Number 103 (Thursday, July 22, 2004)]
[Daily Digest]
[Pages D824-D829]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                            Thursday, July 22, 2004

[[Page D824]]

                              Daily Digest


HIGHLIGHTS

      Senate agreed to the conference report to accompany H.R. 4613, 
      Department of Defense Appropriations Act.
      Senate agreed to the conference report to accompany H.R. 2443, 
      Coast Guard and Maritime Transportation Authorization.
      House Committee ordered reported the following appropriations for 
      fiscal year 2005: VA, HUD and Independent Agencies; and the 
      Transportation, Treasury and Independent Agencies.
                                 Senate

Chamber Action
Routine Proceedings, pages S8577-S8809
Measures Introduced: Fifty-seven bills and ten resolutions were 
introduced, as follows: S. 2716-72, S. Res. 415-419, and S. Con. Res. 
131-135.                                                 
  Pages S8687-89
Measures Reported:
  H.R. 3340, to redesignate the facilities of the United States Postal 
Service located at 7715 and 7748 S. Cottage Grove Avenue in Chicago, 
Illinois, as the ``James E. Worsham Post Office'' and the ``James E. 
Worsham Carrier Annex Building'', respectively.
  H.R. 4012, To amend the District of Columbia College Access Act of 
1999 to reauthorize for five additional years the public school and 
private school tuition assistance programs established under the Act.
  H.R. 4222, to designate the facility of the United States Postal 
Service located at 550 Nebraska Avenue in Kansas City, Kansas, as the 
``Newell George Post Office Building''.
  H.R. 4327, to designate the facility of the United States Postal 
Service located at 7450 Natural Bridge Road in St. Louis, Missouri, as 
the ``Vitilas `Veto' Reid Post Office Building''.
  H.R. 4427, to designate the facility of the United States Postal 
Service located at 73 South Euclid Avenue in Montauk, New York, as the 
``Perry B. Duryea, Jr. Post Office''.
  S. 2501, to designate the facility of the United States Postal 
Service located at 73 South Euclid Avenue in Montauk, New York, as the 
``Perry B. Duryea, Jr. Post Office''.
  S. 2640, to designate the facility of the United States Postal 
Service located at 1050 North Hills Boulevard in Reno, Nevada, as the 
``Guardians of Freedom Memorial Post Office Building'' and to authorize 
the installation of a plaque at such site.
  S. 2673, to designate the facility of the United States Postal 
Service located at 1001 Williams Street, Ignacio, Colorado, as the 
``Leonard C. Burch Post Office Building''.
  S. 2682, to designate the facility of the United States Postal 
Service located at 222 West 8th Street, Durango, Colorado, as the ``Ben 
Nighthorse Campbell Post Office Building''.                  
Page S8686
Measures Passed:
  National Veterans Business Development Corporation Clarification: 
Senate passed S. 2724, to amend section 33(a) of the Small Business Act 
(15 U.S.C. 657c(a)) to clarify that the National Veterans Business 
Development Corporation is a private entity.             
  Pages S8640-41
  FHA Mortgage Insurance: Committee on Banking, Housing, and Urban 
Affairs was discharged from further consideration of S. 2712, to 
preserve the ability of the Federal Housing Administration to insure 
mortgages under sections 238 and 519 of the National Housing Act, and 
the bill was then passed.                                    
  Page S8627

[[Page D825]]

  Patient Safety and Quality Improvement Act: Committee on Health, 
Education, Labor, and Pensions was discharged from further 
consideration of H.R. 663, to amend title IX of the Public Health 
Service Act to provide for the improvement of patient safety and to 
reduce the incidence of events that adversely affect patient safety, 
after striking all after the enacting clause and inserting in lieu 
thereof, the text of S. 720, Senate companion measure, after agreeing 
to the committee amendment in the nature of a substitute, and the 
following amendment proposed thereto:                    
  Pages S8627-33
  Frist (for Gregg/Kennedy) Amendment No. 3568, in the nature of a 
substitute.                                              
Pages S8632-33
  Senate insisted on its amendment, requested a conference with the 
House thereon, and the Chair was authorized to appoint the following 
conferees on the part of the Senate: Gregg, Frist, Enzi, Alexander, 
Kennedy, Dodd, and Jeffords.                             
Pages S8632-33
  Subsequently, S. 720 was returned to the Senate calendar. 
                                                         Pages S8632-33
  U.S.-Morocco Free Trade Agreement Implementation Act: Pursuant to the 
order of July 21, 2004, Senate passed H.R. 4842, to implement the 
United States-Morocco Free Trade Agreement.                  
  Page S8633
  Subsequently, the July 21, 2004 passage of S. 2677, Senate companion 
measure, was vitiated, and the bill was then returned to the Senate 
calendar.                                                    
Page S8633
  TEA-21 Extension: Senate passed H.R. 4916, to provide an extension of 
highway, highway safety, motor carrier safety, transit, and other 
programs funded out of the Highway Trust Fund pending enactment of a 
law reauthorizing the Transportation Equity Act for the 21st Century, 
clearing the measure for the President.                  
  Pages S8790-91
  Sudan Human Rights: Senate agreed to S. Con. Res. 133, declaring 
genocide in Darfur, Sudan.                               
  Pages S8792-93
  Condemning Anti-Semitic Attack: Committee on Foreign Relations was 
discharged from further consideration of S. Con. Res. 126, condemning 
the attack on the AMIA Jewish Community Center in Buenos Aires, 
Argentina, in July 1994, and expressing the concern of the United 
States regarding the continuing, decade-long delay in the resolution of 
this case, and the resolution was then agreed to.        
  Pages S8793-94
  Urging the Government of Ukraine: Committee on Foreign Relations was 
discharged from further consideration of S. Con. Res. 106, urging the 
Government of Ukraine to ensure a democratic, transparent, and fair 
election process for the presidential election on October 31, 2004, and 
the resolution was then agreed to.                       
  Pages S8794-95
  Iran Nuclear Safeguards Agreement: Committee on Foreign Relations was 
discharged from further consideration of S. Con. Res. 81, expressing 
the concern of Congress over Iran's development of the means to produce 
nuclear weapons, and the resolution was agreed to, after agreeing to 
the following amendments proposed thereto:               
  Pages S8795-98
  Frist (for Kyl/Feinstein) Amendment No. 3569, in the nature of a 
substitute.                                              
Pages S8796-97
  Frist (for Kyl) Amendment No. 3570, to amend the preamble. 
                                                         Pages S8797-98
  Frist (for Kyl) Amendment No. 3571, to amend the title.    
Page S8798
  Iran: Committee on Foreign Relations was discharged from further 
consideration of H. Con. Res. 398, expressing the concern of Congress 
over Iran's development of the means to produce nuclear weapons, and 
the resolution was then agreed to.                       
  Pages S8798-99
  Frist (for Kyl/Feinstein) Amendment No. 3572, in the nature of a 
substitute.                                                  
Page S8798
  Frist (for Kyl) Amendment No. 3573, to amend the preamble. 
                                                             Page S8798
  Frist (for Kyl) Amendment No. 3574, to amend the title.    
Page S8798
  Perry B. Duryea, Jr. Post Office: Senate passed S. 2501, to designate 
the facility of the United States Postal Service located at 73 South 
Euclid Avenue in Montauk, New York, as the ``Perry B. Duryea, Jr. Post 
Office''.                                                    
  Page S8799
  Guardians of Freedom Memorial Post Office Building: Senate passed S. 
2640, to designate the facility of the United States Postal Service 
located at 1050 North Hills Boulevard in Reno, Nevada, as the 
``Guardians of Freedom Memorial Post Office Building'' and to authorize 
the installation of a plaque at such site.                   
  Page S8799
  Ben Nighthorse Campbell Post Office Building: Senate passed S. 2682, 
to designate the facility of the United States Postal Service located 
at 222 West 8th Street, Durango, Colorado, as the ``Ben Nighthorse 
Campbell Post Office Building''.                             
  Page S8799
  James E. Worsham facilities: Senate passed H.R. 3340, to redesignate 
the facilities of the United States Postal Service located at 7715 and 
7748 S. Cottage Grove Avenue in Chicago, Illinois, as the ``James E. 
Worsham Post Office'' and the ``James E. Worsham Carrier Annex 
Building'', respectively, clearing the measure for the President. 
                                                             Page S8799
  Newell George Post Office Building: Senate passed H.R. 4222, to 
designate the facility of the

[[Page D826]]

United States Postal Service located at 550 Nebraska Avenue in Kansas 
City, Kansas, as the ``Newell George Post Office Building'', clearing 
the measure for the President.                               
  Page S8799
  Vitilas `Veto' Reid Post Office Building: Senate passed H.R. 4327, to 
designate the facility of the United States Postal Service located at 
7450 Natural Bridge Road in St. Louis, Missouri, as the ``Vitilas 
`Veto' Reid Post Office Building'', clearing the measure for the 
President.                                                   
  Page S8799
  Perry B. Duryea, Jr. Post Office: Senate passed H.R. 4427, to 
designate the facility of the United States Postal Service located at 
73 South Euclid Avenue in Montauk, New York, as the ``Perry B. Duryea, 
Jr. Post Office'', clearing the measure for the President.   
  Page S8799
  National Museum of the American Indian: Senate agreed to S.J. Res. 
41, commemorating the opening of the National Museum of the American 
Indian, after agreeing to the committee amendment in the nature of a 
substitute.                                           
  Pages S8799-S8800
  Record Production Authorization: Senate agreed to S. Res. 415, to 
authorize the production of records by the Permanent Subcommittee on 
Investigations of the Committee on Governmental Affairs.     
  Page S8800
  Congratulating California State University Fullerton baseball team: 
Senate agreed to S. Res. 416, congratulating the California State 
University, Fullerton baseball team on winning the 2004 College World 
Series.                                                  
  Pages S8800-01
  Congratulating UCLA Women's Softball team: Senate agreed to S. Res. 
417, congratulating the University of California at Los Angeles women's 
softball team on winning the 2004 National Collegiate Athletic 
Association Championship.                                    
  Page S8801
  National Prostate Cancer Awareness Month: Senate agreed to S. Res. 
418, designating September 2004 as ``National Prostate Cancer Awareness 
Month.''                                                 
  Pages S8801-02
  Authorizing Printing of Commemorative Document: Senate agreed to S. 
Con. Res. 135, authorizing the printing of a commemorative document in 
memory of the late President of the United States, Ronald Wilson 
Reagan.                                                      
  Page S8802
  Recognizing AMVETS: Senate agreed to H. Con. Res. 308, recognizing 
the members of AMVETS for their service to the Nation and supporting 
the goal of AMVETS National Charter Day.                     
  Page S8802
  Commending U.S. Institute of Peace: Senate agreed to S. Con. Res. 
109, commending the United States Institute of Peace on the occasion of 
its 20th anniversary and recognizing the Institute for its contribution 
to international conflict resolution.                    
  Pages S8802-03
  National Veterans Awareness Week: Senate agreed to S. Res. 401, 
designating the week of November 7 through November 13, 2004, as 
``National Veterans Awareness Week'' to emphasize the need to develop 
educational programs regarding the contributions of veterans to the 
country.                                                     
  Page S8803
  Smokey Bear's 60th Anniversary: Senate agreed to S. Res. 404, 
designating August 9, 2004, as ``Smokey Bear's 60th Anniversary''. 
                                                         Pages S8803-04
  National Mammography Day: Senate agreed to S. Res. 407, designating 
October 15, 2004, as ``National Mammography Day''.           
  Page S8804
  SUTA Dumping Prevention Act: Senate passed H.R. 3463, to amend titles 
III and IV of the Social Security Act to improve the administration of 
unemployment taxes and benefits, clearing the measure for the 
President.                                                   
  Page S8804
  Recognizing Historically Black Colleges and Universities: Committee 
on Health, Education, Labor, and Pensions was discharged from further 
consideration of S. Res. 221, recognizing National Historically Black 
Colleges and Universities and the importance and accomplishments of 
historically Black colleges and universities, and the resolution was 
then agreed to.                                              
  Page S8804
  Recognizing Gold Medal Recipients: Committee on Governmental Affairs 
was discharged from further consideration of S. Res. 400, recognizing 
the 2004 Congressional Awards Gold Medal Recipients, and the resolution 
was then agreed to.                                      
  Pages S8804-05
  Service Activities to Assist Seniors: Committee on the Judiciary was 
discharged from further consideration of S. Res. 409, encouraging 
increased involvement in service activities to assist senior citizens, 
and the resolution was then agreed to.                   
  Pages S8805-06
  National Purple Heart Recognition Day: Committee on Armed Services 
was discharged from further consideration of S. Con. Res. 112, 
supporting the goals and ideals of National Purple Heart Recognition 
Day, and the resolution was then agreed to.                  
  Page S8806
  Honoring WWII Army Motor Transport Brigade: Committee on Armed 
Services was discharged from further consideration of H. Con. Res. 439, 
honoring the members of the Army Motor Transport Brigade who during 
World War II served in the trucking operation known as the Red Ball 
Express

[[Page D827]]

for their service and contribution to the Allied advance following the 
D-Day invasion of Normandy, France, and the resolution was then agreed 
to.                                                          
  Page S8806
  Adjournment Resolution: Senate agreed to H. Con. Res. 479, providing 
for a conditional adjournment of the House of Representatives and a 
conditional recess or adjournment of the Senate.             
  Page S8807
  Tamper-Resistant Entry/Exit Documents: Senate passed H.R. 4417, to 
modify certain deadlines pertaining to machine-readable, tamper-
resistant entry and exit documents.                          
  Page S8807
Department of Defense Appropriations--Conference Report: By a unanimous 
vote of 96 yeas (Vote No. 163), Senate agreed to the conference report 
to accompany H.R. 4613, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2005. 
                                               Pages S8614-16, S8617-22
Coast Guard and Maritime Transportation--Conference Report: Senate 
agreed to the conference report to accompany H.R. 2443, to authorize 
appropriations for fiscal years 2004 and 2005 for the United States 
Coast Guard, clearing the measure for the President.     
  Pages S8624-27
Signing Authority Agreement: A unanimous-consent agreement was reached 
providing that during this adjournment of the Senate, the Majority 
Leader, Assistant Majority Leader, and Senator Warner, be authorized to 
sign duly enrolled bills or joint resolutions.               
  Page S8806
Authority for Committees--Agreement: A unanimous-consent agreement was 
reached providing that notwithstanding the Senate's adjournment, all 
committees be authorized to file legislative and executive reports of 
the Senate on Wednesday, August 25, 2004, from 10 a.m. to 12 noon. 
                                                             Page S8806
Appointment Authority--Agreement: A unanimous-consent agreement was 
reached providing that notwithstanding the adjournment of the Senate, 
the President of the Senate, the President pro tempore, and the 
Majority and Democratic Leaders be authorized to make appointments to 
commissions, committees, boards, conferences, or interparliamentary 
conferences authorized by law, by concurrent action of the two Houses, 
or by order of the Senate.                               
  Pages S8806-07
Nomination: Senate continued consideration of the nomination of Henry 
W. Saad, of Michigan, to be United States Circuit Judge for the Sixth 
Circuit.                                                 
  Pages S8585-93
  During consideration of this nomination today, Senate also took the 
following action:
  By 52 yeas to 46 nays (Vote No. 160), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to close further debate on the nomination. 
                                                         Pages S8592-93
Nomination: Senate continued consideration of the nomination of Richard 
A. Griffin, of Michigan, to be United States Circuit Judge for the 
Sixth Circuit.                                           
  Pages S8593-95
  During consideration of this nomination today, Senate also took the 
following action:
  By 54 yeas to 44 nays (Vote No. 161), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to close further debate on the nomination. 
                                                             Page S8595
Nomination: Senate continued consideration of the nomination of David 
W. McKeague, of Michigan, to be United States Circuit Judge for the 
Sixth Circuit.                                               
  Page S8595
  During consideration of this nomination today, Senate also took the 
following action:
  By 53 yeas to 44 nays (Vote No. 162), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected the motion to close further debate on the nomination. 
                                                             Page S8595
Nomination--Agreement: A unanimous-consent agreement was reached 
providing for consideration of the nominations of Virginia Maria 
Hernandez Covington, to be United States District Judge for the Middle 
District of Florida, and Michael H. Schneider, Sr., to be United States 
District Judge for the Eastern District of Texas, at 5 p.m., on 
Tuesday, September 7, 2004, and that the time until 5:30 p.m. be 
equally divided between the Chairman and Ranking Member of the 
Committee on the Judiciary; after which Senate will vote on 
confirmation of the nominations respectively; following which, Senate 
will consider and vote on the nomination of Michael H. Watson, to be 
United States District Judge for the Southern District of Ohio. 
                                                             Page S8791
Nominations--Agreement: A unanimous-consent agreement was reached 
providing that all nominations remain in status quo, notwithstanding 
the adjournment of the Senate, and the provisions of rule XXXI, 
Paragraph 6, of the Standing Rules of the Senate, with certain 
exceptions.                                                  
  Page S8791
Appointments:
  Ticket to Work and Work Incentives Advisory Panel: The Chair, on 
behalf of the Majority Leader, after consultation with the Ranking 
Member of the

[[Page D828]]

Senate Committee on Finance, pursuant to Public Law 106-170, announced 
the appointment of the following individual to serve as a member of the 
Ticket to Work and Work Incentives Advisory Panel: Thomas P. Golden of 
Tennessee.                                                   
  Page S8806
Nominations Confirmed: Senate confirmed the following nominations:
  Charles L. Kolbe, of Iowa, to be a Member of the Internal Revenue 
Service Oversight Board for the remainder of the term expiring 
September 14, 2004.
  Jerald S. Paul, of Florida, to be Principal Deputy Administrator, 
National Nuclear Security Administration. (New Position)
  Tina Westby Jonas, of Virginia, to be Under Secretary of Defense 
(Comptroller).
  David M. Stone, of Virginia, to be an Assistant Secretary of Homeland 
Security. (New Position)
  Larry C. Kindsvater, of Virginia, to be Deputy Director of Central 
Intelligence for Community Management.
  John O. Colvin, of Virginia, to be a Judge of the United States Tax 
Court for a term of fifteen years. (Reappointment)
  Captain Samuel P. De Bow, Jr., NOAA for appointment to the grade of 
Rear Admiral (O-8), while serving in a position of importance and 
responsibility as Director, NOAA Corps and Director, Office of Marine 
and Aviation Operations, National Oceanic and Atmospheric 
Administration, under the provisions of Title 33, United States Code, 
Section 3028(d)(1).
  Captain Richard R. Behn, NOAA for appointment to the grade of Rear 
Admiral (O-7), while serving in a position of importance and 
responsibility as Director, Marine and Aviation Operations Centers, 
National Oceanic and Atmospheric Administration, under the provisions 
of Title 33, United States Code, Section 3028(d)(1).
  John Ripin Miller, of Washington, to be Director of the Office to 
Monitor and Combat Trafficking, with the rank of Ambassador at Large. 
(Prior to this action, Committee on Foreign Relations was discharged 
from further consideration.)
  Valerie Lynn Baldwin, of Kansas, to be an Assistant Secretary of the 
Army.
  2 Air Force nominations in the rank of general.
  9 Army nominations in the rank of general.
  3 Coast Guard nominations in the rank of admiral.
  9 Marine Corps nominations in the rank of general.
  26 Navy nominations in the rank of admiral.
  Routine lists in the Air Force, Army, Coast Guard, National Oceanic 
and Atmospheric Administration, Navy.                    
Pages S8808-09
Nominations Received: Senate received the following nominations:
  Sharon Brown-Hruska, of Virginia, to be a Commissioner of the 
Commodity Futures Trading Commission for the term expiring April 13, 
2009. (Reappointment)
  James S. Simpson, of New York, to be a Member of the Advisory Board 
of the Saint Lawrence Seaway Development Corporation.
  Karen Alderman Harbert, of the District of Columbia, to be an 
Assistant Secretary of Energy (International Affairs and Domestic 
Policy).
  Hector E. Morales, of Texas, to be United States Executive Director 
of the Inter-American Development Bank for a term of three years.
  Alan Greenspan, of New York, to be United States Alternate Governor 
of the International Monetary Fund for a term of five years. 
(Reappointment)
  Christopher A. Boyko, of Ohio, to be United States District Judge for 
the Northern District of Ohio.
  Lisa Godbey Wood, of Georgia, to be United States Attorney for the 
Southern District of Georgia for the term of four years.
  Richard B. Roper III, of Texas, to be United States Attorney for the 
Northern District of Texas for the term of four years.
  Gregory Franklin Jenner, of Oregon, to be an Assistant Secretary of 
the Treasury.
  Yousif B. Ghafari, of Michigan, to be an Alternate Representative of 
the United States of America to the Fifty-ninth Session of the General 
Assembly of the United Nations.
  Jane Dee Hull, of Arizona, to be a Representative of the United 
States of America to the Fifty-ninth Session of the General Assembly of 
the United Nations.
  John S. Shaw, of the District of Columbia, to be an Assistant 
Secretary of Energy (Environment, Safety and Health).
  Anna Escobedo Cabral, of Virginia, to be Treasurer of the United 
States.
  Routine lists in the Air Force.                        
Pages S8807-08
Nominations Returned to the President: The following nominations were 
returned to the President failing of confirmation under Senate rule 
XXXI at the time of the adjournment of the 108th Congress:
  Deborah P. Majoras, of Virginia, to be a Federal Trade Commissioner 
for the unexpired term of seven years from September 26, 2001; and
  Jon D. Leibowitz, of Maryland, to be a Federal Trade Commissioner for 
a term of seven years from September 26, 2003.               
Page S8791
Messages From the House:                                     
  Page S8677
Measures Referred:                                           
  Page S8677

[[Page D829]]

Measures Placed on Calendar:                                 
  Page S8677
Executive Communications:                                    
  Page S8678
Petitions and Memorials:                                 
  Pages S8678-86
Executive Reports of Committees:                         
  Pages S8686-87
Additional Cosponsors:                                   
  Pages S8689-91
Statements on Introduced Bills/Resolutions:           
  Pages S8691-S8776
Additional Statements:                                   
  Pages S8671-77
Amendments Submitted:                                    
  Pages S8776-89
Notices of Hearings/Meetings:                               
  Pages S8789
Authority for Committees to Meet:                        
  Pages S8789-90
Privilege of the Floor:                                      
  Page S8790
Record Votes: Four record votes were taken today. (Total--163) 
                                      Pages S8592-93, S8595, and S8622)
Adjournment: Senate met at 9:30 a.m., and, in accordance with the 
provisions of H. Con. Res. 479, adjourned at 11:46 p.m., until 12 noon, 
on Tuesday, September 7, 2004. (For Senate's program, see the remarks 
of the Majority Leader in today's Record on page S8807.)