[Congressional Record Volume 150, Number 124 (Tuesday, October 5, 2004)]
[Daily Digest]
[Pages D1004-D1007]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                           Tuesday, October 5, 2004

[[Page D1004]]

                              Daily Digest

                                 Senate


Chamber Action
Routine Proceedings, pages S10381-S10468
Measures Introduced: Twelve bills and two resolutions were introduced, 
as follows: S. 2887-2898, S. Res. 447, and S. Con. Res. 140. 
                                                            Page S10436
Measures Reported:
  H.R. 2608, to reauthorize the National Earthquake Hazards Reduction 
Program. (S. Rept. No. 108-385)
  S. Res. 445, to eliminate certain restrictions on service of a 
Senator on the Senate Select Committee on Intelligence.
Page S10436
Measures Passed:
  Presidential Pardon: Senate agreed to S. Res. 447, expressing the 
sense of the Senate that the President of the United States should 
exercise his Constitutional Authority to pardon posthumously John 
Arthur ``Jack'' Johnson for Mr. Johnson's racially-motivated 1913 
conviction that diminished his athletic, cultural, and historic 
significance, and unduly tarnished his reputation.
  Pages S10417-19
  Veterans' Compensation Cost-Of-Living Adjustment Act: Committee on 
Veterans' Affairs was discharged from further consideration of H.R. 
4175, to increase, effective as of December 1, 2004, the rates of 
disability compensation for veterans with service-connected 
disabilities and the rates of dependency and indemnity compensation for 
survivors of certain service-connected disabled veterans, and the bill 
was then passed after striking all after the enacting clause and 
inserting in lieu thereof the text of
S. 2483, Senate companion-measure.
  Pages S10458-59
  Subsequently, S. 2483 was returned to the Senate calendar. 
                                                            Page S10459
  St. Louis Gateway Arch Lighting: Senate passed
S. 2895, to authorize the Gateway Arch in St. Louis, Missouri, to be 
illuminated by pink lights in honor of breast cancer awareness month. 
                                                            Page S10459
  Communications Satellite Act: Senate passed S. 2896, to modify and 
extend certain privatization requirements of the Communications 
Satellite Act of 1962.
  Page S10459
  Little Rock Central High School National Historic Site: Committee on 
Energy and Natural Resources was discharged from further consideration 
of S. Res. 420, recommending expenditures for an appropriate visitors 
center at Little Rock Central High School National Historic Site to 
commemorate the desegregation of Little Rock Central High School, and 
the resolution was then agreed to.
  Page S10460
  Protecting Older Americans From Fraud Month: Senate agreed to S. Res. 
424, designating October 2004 as ``Protecting Older Americans From 
Fraud Month''.
  Page S10460
  Department of Veterans Affairs Health Care Personnel Enhancement Act: 
Senate passed S. 2484, to amend title 38, United States Code, to 
simplify and improve pay provisions for physicians and dentists and to 
authorize alternate work schedules and executive pay for nurses, after 
agreeing to the committee amendment in the nature of a substitute, and 
the following amendment proposed thereto:
  Pages S10460-67
  Frist (for Specter) Amendment No. 3973, in the nature of a 
substitute.
Page S10467
National Intelligence Reform Act: Senate continued consideration of S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, taking 
action on the following amendments proposed thereto: 
                              Pages S10384-88, S10390-S10400, S10400-17
Adopted:
  Collins (for Cantwell) Modified Amendment No. 3933, to require 
biometric identification information on travel documents of aliens 
seeking to enter the United States.
Pages S10384, S10394-95
  Collins/Lieberman Amendment No. 3957, to provide for certain 
revisions to the bill, including providing for permanent authority for 
the Public Interest Declassification Board, and for homeland security 
civil rights and civil liberties protection.
Page S10384
  Collins (for Rockefeller) Modified Amendment No. 3712, to provide 
improved aviation security.
Pages S10384-88

[[Page D1005]]


  Collins (for Baucus) Further Modified Amendment No. 3768, to require 
an annual report on the allocation of funding within the Office of 
Foreign Assets Control of the Department of the Treasury. 
                                                Pages S10384-88, S10391
  Feinstein Modified Amendment No. 3718, to improve the intelligence 
functions of the Federal Bureau of Investigation. 
                                                Pages S10390, S10391-92
  Collins (for Gregg) Modified Amendment No. 3934, to enhance the role 
of the Federal Bureau of Investigation in its intelligence and law 
enforcement missions.
Page S10394
Withdrawn:
  Chambliss Amendment No. 3710, to provide for the establishment of a 
unified combatant command for military intelligence.
Pages S10392-94
  Roberts Amendment No. 3739, to ensure the sharing of intelligence 
information in a manner that promotes all-sources analysis and to 
assign responsibility for competitive analysis.
Pages S10390, S10398
  Roberts Amendment No. 3750, to clarify the responsibilities of the 
Directorate of Intelligence of the National Counterterrorism Center for 
information-sharing and intelligence analysis.
Pages S10390, S10398
  Lautenberg Amendment No. 3767, to specify that the National 
Intelligence Director shall serve for one or more terms of up to 5 
years each.
Pages S10390, S10416
Pending:
  Kyl Amendment No. 3801, to modify the privacy and civil liberties 
oversight.
Page S10390
  Stevens Amendment No. 3839, to strike section 201, relating to public 
disclosure of intelligence funding.
Page S10390
  Leahy/Grassley Amendment No. 3945, to require Congressional oversight 
of translators employed and contracted for by the Federal Bureau of 
Investigation.
Page S10390
  Reid (for Harkin) Amendment No. 3821, to modify the functions of the 
Privacy and Civil Liberties Oversight Board.
Page S10390
  Roberts Amendment No. 3742, to clarify the continuing applicability 
of section 504 of the National Security Act of 1947 to the obligation 
and expenditure of funds appropriated for the intelligence and 
intelligence-related activities of the United States.
Pages S10390-91
  Stevens Amendment No. 3827, to strike section 206, relating to 
information sharing.
Page S10391
  Stevens Amendment No. 3840, to strike the fiscal and acquisition 
authorities of the National Intelligence Authority.
Page S10391
  Stevens Amendment No. 3882, to propose an alternative section 141, 
relating to the Inspector General of the National Intelligence 
Authority.
Page S10391
  Warner Amendment No. 3876, to preserve certain authorities and 
accountability in the implementation of intelligence reform. 
                                                            Page S10391
  Levin Modified Amendment No. 3809, to exempt military personnel from 
certain personnel transfer authorities.
Page S10391
  Levin Amendment No. 3810, to clarify the definition of National 
Intelligence Program.
Page S10391
  Stevens Amendment No. 3830, to modify certain provisions relating to 
the Central Intelligence Agency.
Page S10391
  Warner Amendment No. 3875, to clarify the definition of National 
Intelligence Program.
Page S10391
  Reid (for Leahy) Amendment No. 3913, to address enforcement of 
certain subpoenas.
Page S10391
  Reid (for Leahy) Amendment No. 3916, to strengthen civil liberties 
protections.
Page S10391
  Reid (for Leahy) Amendment No. 3915, to establish criteria for 
placing individuals on the consolidated screening watch list of the 
Terrorist Screening Center.
Page S10391
  Collins (for Frist) Modified Amendment No. 3895, to establish the 
National Counterproliferation Center within the National Intelligence 
Authority.
Page S10391
  Collins (for Frist) Amendment No. 3896, to include certain additional 
Members of Congress among the congressional intelligence committees. 
                                                            Page S10391
  During consideration of this measure today, Senate also took the 
following action:
  By 85 yeas to 10 nays (Vote No. 197), three-fifths of those Senators 
duly chosen and sworn, having voted in the affirmative, Senate agreed 
to the motion to close further debate on the bill.
Page S10391
  Chair sustained certain points of order against the following 
amendments:
  Reid (for Schumer) Amendment No. 3887, to amend the Foreign 
Intelligence Surveillance Act of 1978 to cover individuals, other than 
United States persons, who engage in international terrorism without 
affiliation with an international terrorist group. 
                                                   Pages S10390, S10398
  Reid (for Schumer) Amendment No. 3888, to establish the United States 
Homeland Security Signal Corps to ensure proper communications between 
law enforcement agencies.
Pages S10390, S10398
  Reid (for Schumer) Amendment No. 3889, to establish a National 
Commission on the United States-Saudi Arabia Relationship. 
                                                   Pages S10390, S10398
  Reid (for Schumer) Amendment No. 3890, to improve the security of 
hazardous materials transported by truck.
Pages S10390, S10398
  Reid (for Schumer) Amendment No. 3891, to improve rail security. 
                                                   Pages S10390, S10398

[[Page D1006]]


  Reid (for Schumer) Amendment No. 3892, to strengthen border security.
                                                   Pages S10390, S10398
  Reid (for Schumer) Amendment No. 3893, to require inspection of cargo 
at ports in the United States.
                                                   Pages S10390, S10398
  Reid (for Schumer) Amendment No. 3894, to amend the Homeland Security 
Act of 2002 to enhance cybersecurity.
                                                   Pages S10390, S10398
  Reed Amendment No. 3908, to authorize the Secretary of Homeland 
Security to award grants to public transportation agencies to improve 
security.
                                                   Pages S10390, S10398
  Reid (for Corzine/Lautenberg) Amendment No. 3849, to protect human 
health and the environment from the release of hazardous substances by 
acts of terrorism.
                                                   Pages S10390, S10398
  Reid (for Lautenberg) Amendment No. 3782, to require that any Federal 
funds appropriated to the Department of Homeland Security for grants or 
other assistance be allocated based strictly on an assessment of risks 
and vulnerabilities.
                                                   Pages S10390, S10398
  Reid (for Lautenberg) Amendment No. 3905, to provide for maritime 
transportation security.
                                                   Pages S10390, S10398
  Roberts Amendment No. 3747, to provide the National Intelligence 
Director with flexible administrative authority with respect to the 
National Intelligence Authority.
                                                   Pages S10391, S10398
  Kyl Amendment No. 3881, to protect crime victims' rights. 
                                                   Pages S10391, S10398
  Kyl Amendment No. 3724, to strengthen anti-terrorism investigative 
tools, promote information sharing, punish terrorist offenses. 
                                                   Pages S10391, S10398
  Sessions Amendment No. 3928, to require aliens to make an oath prior 
to receiving a nonimmigrant visa.
                                                   Pages S10391, S10398
  Sessions Amendment No. 3873, to protect railroad carriers and mass 
transportation from terrorism.
                                                   Pages S10391, S10398
  Sessions Amendment No. 3871, to provide for enhanced Federal, State, 
and local enforcement of the immigration laws.
                                                   Pages S10391, S10398
  Sessions Amendment No. 3870, to make information sharing permanent 
under the USA PATRIOT Act.
                                                   Pages S10391, S10398
  Collins (for Cornyn) Amendment No. 3803, to provide for enhanced 
criminal penalties for crimes related to alien smuggling. 
                                                   Pages S10391, S10398
  Frist (for McConnell) Amendment No. 3930, to clarify that a volunteer 
for a federally-created citizen volunteer program and for the program's 
State and local affiliates is protected by the Volunteer Protection 
Act.
                                                   Pages S10391, S10398
  Frist (for McConnell) Amendment No. 3931, to remove civil liability 
barriers that discourage the donation of equipment to volunteer fire 
companies.
                                                   Pages S10391, S10398
  Warner Amendment No. 3874, to provide for the treatment of programs, 
projects, and activities within the Joint Military Intelligence Program 
and Tactical Intelligence and Related Activities programs as of the 
date of the enactment of the Act.
                                                   Pages S10391, S10398
  Sessions (for Grassley) Amendment No. 3850, to require the inclusion 
of information regarding visa revocations in the National Crime 
Information Center database.
                                                   Pages S10391, S10398
  Sessions (for Grassley) Amendment No. 3851, to clarify the effects of 
revocation of a visa.
                                                   Pages S10391, S10398
  Sessions (for Grassley) Amendment No. 3855, to combat money 
laundering and terrorist financing, to increase the penalties for 
smuggling goods into the United States.
                                                   Pages S10391, S10398
  Sessions (for Grassley) Amendment No. 3856, to establish a United 
States drug interdiction coordinator for Federal agencies. 
                                                   Pages S10391, S10398
  Sessions/Ensign Amendment No. 3872, to amend the Immigration and 
Nationality Act to require fingerprints on United States passports and 
to require countries desiring to participate in the Visa Waiver Program 
to issue passports that conform to the biometric standards required for 
United States passports.
                                                   Pages S10391, S10398
  Kyl Amendment No. 3926, to amend the Immigration and Nationality Act 
to ensure that nonimmigrant visas are not issued to individuals with 
connections to terrorism or who intend to carry out terrorist 
activities in the United States.
                                                   Pages S10391, S10398
  Ensign Amendment No. 3819, to require the Secretary of State to 
increase the number of consular officers, clarify the responsibilities 
and functions of consular officers, and require the Secretary of 
Homeland Security to increase the number of border patrol agents and 
customs enforcement investigators.
                                                   Pages S10390, S10398
  Subsequently, the aforementioned amendments were ruled out of order 
since they were not germane to the bill under the provisions of Rule 
22.
                                                            Page S10398
  Subsequently, Collins (for Inhofe) Amendment No. 3946 (to Amendment 
No. 3849), in the nature of a substitute, fell when Amendment No. 3849 
(listed above) was ruled out of order.
                                                            Page S10391
  Lieberman (for Bingaman) Amendment No. 3814, to provide the sense of 
Congress that United States foreign assistance should be provided to 
South Asia, Southeast Asia, West Africa, the Horn of Africa,

[[Page D1007]]

North and North Central Africa, the Arabian peninsula, Central and 
Eastern Europe, and South America to prevent the establishment of 
terrorist sanctuaries, previously agreed to on Monday, October 4, 2004, 
was modified by unanimous consent.
                                                            Page S10417
  A unanimous-consent agreement was reached providing that 
notwithstanding the adjournment of the Senate or other business before 
the Senate, all time be counted as post-cloture time on the bill; 
provided further, that at 11:30 a.m. on Wednesday, October 6, 2004, 
Senate begin a series of rollcall votes on the pending amendments in 
the order offered; further that there be two minutes equally divided 
prior to each vote, with no second degree amendments in order to the 
amendments prior to the votes; provided further, that the voting 
sequence end at Amendment No. 3916.
                                                            Page S10419
  A unanimous-consent agreement was reached providing that it be in 
order for the Managers, with the concurrence of the two Leaders, to 
send a Managers' amendment to the desk, prior to passage of the bill. 
                                                            Page S10419
  A unanimous-consent agreement was reached providing that following 
conclusion of those votes and the expiration of any remaining time 
under Rule XXII, Senate vote on any qualified amendment, to be followed 
by third reading and a vote on passage of the bill as amended, with no 
intervening action or debate.
                                                            Page S10419
Intelligence Committee Reform--Agreement: A unanimous-consent agreement 
was reached providing that following passage of S. 2845 (listed above), 
Senate begin consideration of S. Res. 445, to eliminate certain 
restrictions on service of a Senator on the Senate Select Committee on 
Intelligence.
  Page S10419
Nominations Received: Senate received the following nominations:
  Ronald Rosenfeld, of Oklahoma, to be a Director of the Federal 
Housing Finance Board for the remainder of the term expiring February 
27, 2009.
  Michael Butler, of Tennessee, to be a Member of the Board of Trustees 
of the Morris K. Udall Scholarship and Excellence in National 
Environmental Policy Foundation for a term expiring October 6, 2008. 
                                                            Page S10468
Messages From the House:
  Pages S10434-35
Executive Communications:
  Pages S10435-36
Additional Cosponsors:
  Pages S10436-37
Statements on Introduced Bills/Resolutions:
  Pages S10437-46
Additional Statements:
  Pages S10431-34
Amendments Submitted:
  Pages S10446-58
Authority for Committees to Meet:
  Page S10458
Privilege of the Floor:
  Page S10458
Record Votes: One record vote was taken today. (Total--197) 
                                                            Page S10391
Adjournment: Senate convened at 9 a.m., and adjourned at 8:17 p.m., 
until 9:30 a.m., on Wednesday, October 6, 2004. (For Senate's program, 
see the remarks of the Majority Leader in today's Record on page 
S10467.)