[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[Daily Digest]
[Pages D1019-D1023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                        House of Representatives

Chamber Action
Measures Introduced: 16 public bills, H.R. 5225-5240; 1 private bill, H.R. 
5241; and 4 resolutions, H. Con. Res. 510, and H. Res. 824-826, were 
introduced.
  Pages H8407-08
Additional Cosponsors:
  Pages H8408-09
Reports Filed: Reports were filed today as follows:
  H.R. 4667, to authorize and facilitate hydroelectric power licensing of 
the Tapoco Project (H. Rept. 108-721, Pt. 2);
  H.R. 4887, to adjust the boundary of the Cumberland Island Wilderness, to 
authorize tours of the Cumberland Island National Seashore, amended (H. 
Rept. 108-738);
  H.R. 4984, to provide that the royalty rate on the output from Federal 
lands of potassium and potassium compounds from the mineral sylvite in the 
5-year period beginning on the date of the enactment of this Act shall be 
reduced to 1.0 percent (H. Rept. 108-739);
  S. 434, to authorize the Secretary of Agriculture to sell or exchange all 
or part of certain parcels of National Forest System land in the State of 
Idaho and use the proceeds derived from the sale or exchange for National 
Forest System purposes (H. Rept. 108-740);
  H.R. 4285, to provide for the conveyance of certain public land in Clark 
County, Nevada, for use as a heliport (H. Rept. 108-741);
  H.R. 4282, to express the policy of the United States regarding the United 
States relationship with Native Hawaiians and to provide a process for the 
recognition by the United States of the Native Hawaiian governing entity (H. 
Rept. 108-742);
  H.R. 3258, to authorize the Secretary of the Interior, in cooperation with 
the University of New Mexico, to construct and occupy a portion of the 
Hibben Center for Archaeological Research at the University of New Mexico, 
amended (H. Rept. 108-743);
  H.R. 3207, to direct the Secretary of the Interior to conduct a study on 
the preservation and interpretation of the historic sites of the Manhattan 
Project for potential inclusion in the National Park System, amended (H. 
Rept. 108-744);
  H. Res. 556, congratulating the United States Geological Survey on its 
125th Anniversary (H. Rept. 108-745);
  H.R. 5082, to authorize the Secretary of Transportation to award grants to 
public transportation agencies and over-the-road bus operators to improve 
security, amended (H. Rept. 108-746);
  H.R. 775, to amend the Immigration and Nationality Act to eliminate the 
diversity immigrant program (H. Rept. 108-747);
  H.R. 3755, to authorize the Secretary of Housing and Urban Development to 
insure zero-downpayment mortgages for one-unit residences, amended (H. Rept. 
108-748);
  H.R. 5163, to amend title 49, United States Code, to provide the 
Department of Transportation a more focused research organization with an 
emphasis on innovative technology (H. Rept. 108-749, Pt. 1); and
  H.R. 3242, to ensure an abundant and affordable supply of highly 
nutritious fruits, vegetables, and other specialty crops for American 
consumers and international markets by enhancing the competitiveness of 
United States-grown specialty crops, amended (H. Rept. 108-750, Pt. 1);
  H. Res. 827, providing for consideration H.R. 10, to provide for reform of 
the intelligence community, terrorism prevention and prosecution, border 
security, and international cooperation and coordination (H. Rept. 108-751);
  H. Res. 828, waiving a requirement of clause 6(a) of rule XIII with 
respect to consideration of certain resolutions reported from the Committee 
on Rules (H. Rept. 108-752); and
  H. Res. 829, providing for consideration of motions to suspend the rules 
(H. Rept. 108-753).
Page H8407
Speaker: Read a letter from the Speaker wherein he appointed Representative 
Isakson to act as Speaker Pro Tempore for today.
  Page H8171
Chaplain: The prayer was offered today by the Rev. John J. Ryan, Pastor, St. 
Brendan Roman Catholic Church in Ormond Beach, Florida.
  Page H8171
Justice for All Act of 2004: The House passed H.R. 5107, to protect crime 
victims' rights, to eliminate the substantial backlog of DNA samples 
collected from crime scenes and convicted offenders, to improve and expand 
the DNA testing capacity of Federal, State, and local crime laboratories, to 
increase research and development of new DNA testing technologies, to 
develop new training programs regarding the collection and use of DNA 
evidence, to provide post-conviction testing of DNA evidence to exonerate 
the innocent, to improve the performance of counsel in State capital cases, 
by a yea-and-nay vote of 393 yeas to 14 nays, Roll No. 497. 
                                                 Pages H8179-H8204, H8208-09
  Agreed to the Sensenbrenner amendment (printed in H. Rept. 108-737) that 
changes provisions to allow a victim a right to bring a motion to enforce 
the right to be heard in plea, sentence, and parole proceedings. 
                                                           Pages H8195-H8204
  H. Res. 823, the rule providing for consideration of the rule was agreed 
to by voice vote.
Pages H8175-77

[[Page D1020]]

District of Columbia Appropriations Act, 2005--Conference Report: The House 
agreed to the conference report to accompany H.R. 4850, making 
appropriations for the government of the District of Columbia and other 
activities chargeable in whole or in part against the revenues of said 
District for the fiscal year ending September 30, 2005, by a yea-and-nay 
vote of 377 yeas to 36 nays, Roll No. 498.
  Pages H8204-08, H8209-10
  H. Res. 822, the rule providing for consideration of the conference report 
was agreed to by voice vote.
Pages H8177-79
Suspensions: The House agreed to suspend the rules and pass the following 
measures:
  Satellite Home Viewer Extension and Reauthorization Act of 2004: H.R. 
4518, amended, to extend the statutory license for secondary transmissions 
under section 119 of title 17, United States Code;
  Pages H8210-24
  Agreed to amend the title so as to read: to extend the statutory license 
for secondary transmissions by satellite carriers of transmissions by 
television broadcast stations under title 17, United States Code, and to 
amend the Communications Act of 1934 with respect to such transmissions. 
                                                                  Page H8224
  Water Supply, Reliability, and Environmental Improvement Act: Agree to the 
Senate amendment to H.R. 2828, to authorize the Secretary of the Interior to 
implement water supply technology and infrastructure programs aimed at 
increasing and diversifying domestic water resources--clearing the measure 
for the President;
  Pages H8224-35
  Amending the Immigration and Nationality Act with regard to employment 
eligibility: H.R. 4306, amended, to amend section 274A of the Immigration 
and Nationality Act to improve the process for verifying an individual`s 
eligibility for employment;
  Pages H8235-37
  Access to Rural Physicians Improvement Act of 2004: H.R. 4453, amended, to 
improve access to physicians in medically underserved areas; 
                                                              Pages H8237-39
  Mentally Ill Offender Treatment and Crime Reduction Act of 2003: S. 1194, 
amended, to foster local collaborations which will ensure that resources are 
effectively and efficiently used within the criminal and juvenile justice 
systems;
  Pages H8239-45
  Extending certain authority of the Supreme Court Police: S. 2742, to 
extend certain authority of the Supreme Court Police, modify the venue of 
prosecutions relating to the Supreme Court building and grounds, and 
authorize the acceptance of gifts to the United States Supreme Court--
clearing the measure for the President;
  Pages H8245-46
  Honoring the victims of the Sixteenth Street Baptist Church bombing on the 
occasion of its 40th anniversary: H. Res. 389, honoring the young victims of 
the Sixteenth Street Baptist Church bombing, recognizing the historical 
significance of the tragic event, and commending the efforts of law 
enforcement personnel to bring the perpetrators of this crime to justice on 
the occasion of its 40th anniversary;
  Pages H8246-50
  Honoring the goals and ideals of National Nurse Practitioners Week: H. 
Con. Res. 500, honoring the goals and ideals of National Nurse Practitioners 
Week;
  Pages H8252-53
  Amending the Public Health Service Act relating to children's hospitals: 
H.R. 5204, to amend section 340E of the Public Health Service Act (relating 
to children`s hospitals) to modify provisions regarding the determination of 
the amount of payments for indirect expenses associated with operating 
approved graduate medical residency training programs;
  Pages H8253-55
  District of Columbia Civil Commitment Modernization Act of 2004: H.R. 
4302, amended, to amend title 21, District of Columbia Official Code, to 
enact the provisions of the Mental Health Civil Commitment Act of 2002 which 
affect the Commission on Mental Health and require action by Congress in 
order to take effect;
  Pages H8257-59
  Federal Workforce Flexibility Act of 2003: S. 129, amended, to provide for 
reform relating to Federal employment;
  Pages H8259-64
  Congratulating Andrew Wojtanik for winning the 16th Annual National 
Geographic Bee: H. Res. 815, congratulating Andrew Wojtanik for winning the 
16th Annual National Geographic Bee, conducted by the National Geographic 
Society;
  Pages H8264-65
  Honoring the communities that received the 2004 All-America City Award: H. 
Con. Res. 464, honoring the 10 communities selected to receive the 2004 All-
America City Award;
  Pages H8265-68
  Leonard C. Burch Post Office Building Designation Act: H.R. 5051, to 
designate the facility of the United States Postal Service located at 1001 
Williams Street in Ignacio, Colorado, as the ``Leonard C. Burch Post Office 
Building'';
  Pages H8268-69
  Adam G. Kinser Post Office Building Designation Act: H.R. 4807, to 
designate the facility of the United States Postal Service located at 140 
Sacramento Street in Rio Vista, California, as the ``Adam G. Kinser Post 
Office Building'';
  Pages H8269-70
  Robert J. Opinsky Post Office Building Designation Act: S. 2415, to 
designate the facility of the United States Postal Service located at 4141 
Postmark Drive, Anchorage, Alaska, as the ``Robert J. Opinsky Post Office 
Building'';--clearing the measure for the President;
  Page H8270
  Lieutenant General James V. Edmundson Post Office Building Designation 
Act: H.R. 4847, to designate the facility of the United States Postal 
Service located at 560 Bay Isles Road in Longboat

[[Page D1021]]

Key, Florida, as the ``Lieutenant General James V. Edmundson Post Office 
Building'';
  Pages H8271-72
  Bill Monroe Post Office Designation Act: H.R. 4968, to designate the 
facility of the United States Postal Service located at 25 McHenry Street in 
Rosine, Kentucky, as the ``Bill Monroe Post Office'';
  Page H8272
  Lieutenant John F. Finn Post Office Designation Act: H.R. 5053, to 
designate the facility of the United States Postal Service located at 1475 
Western Avenue, Suite 45, in Albany, New York, as the ``Lieutenant John F. 
Finn Post Office'';
  Pages H8272-74
  Congressman Jack Fields Post Office Redesignation Act: H.R. 4232, to 
redesignate the facility of the United States Postal Service located at 4025 
Feather Lakes Way in Kingwood, Texas, as the ``Congressman Jack Fields Post 
Office'';
  Pages H8274-76
  Irma Rangel Post Office Building Designation Act: H.R. 4829, to designate 
the facility of the United States Postal Service located at 103 East Kleberg 
in Kingsville, Texas, as the ``Irma Rangel Post Office Building''; 
                                                              Pages H8276-78
  Special Olympics Sport and Empowerment Act of 2004: H.R. 5131, to provide 
assistance to Special Olympics to support expansion of Special Olympics and 
development of education programs and a Healthy Athletes Program; 
                                                              Pages H8311-14
  Honoring former President Jimmy Carter on his 80th birthday: H. Res. 798, 
amended, honoring former President James Earl (Jimmy) Carter on the occasion 
of his 80th birthday;
  Pages H8314-17
  Temporarily extending the programs under the Higher Education Act of 1965: 
H.R. 5185, amended, to temporarily extend the programs under the Higher 
Education Act of 1965;
  Pages H8317-19
  Supporting efforts to assist youths in high-risk situations: H. Res. 805, 
supporting efforts to promote greater public awareness of effective runaway 
youth prevention programs and the need for safe and productive alternatives, 
resources, and supports for youth in high-risk situations;
  Pages H8326-28
  Sense of Congress that student travel is a vital component of the 
educational process: H. Con. Res. 131, amended, expressing the sense of the 
Congress that student travel is a vital component of the educational 
process;
  Pages H8328-29
  Supporting the goals and ideals of ``Lights On Afterschool'' programs: H. 
Res. 809, amended, supporting the goals and ideals of ``Lights On 
Afterschool, a national celebration of after-school programs; 
                                                              Pages H8329-30
  Recognizing and supporting efforts to promote greater civic awareness in 
the U.S.: H. Res. 796, recognizing and supporting all efforts to promote 
greater civic awareness among the people of the United States; 
                                                              Pages H8331-37
  Amending the Federal Water Pollution Control Act with regard to the Lake 
Pontchartrain Basin Restoration Program: H.R. 4470, amended, to amend the 
Federal Water Pollution Control Act to extend the authorization of 
appropriations for the Lake Pontchartrain Basin Restoration Program from 
fiscal year 2005 to 2010;
  Pages H8337-38
  Amending the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 
2000: H.R. 4794, amended, to amend the Tijuana River Valley Estuary and 
Beach Sewage Cleanup Act of 2000 to extend the authorization of 
appropriations;
  Pages H8338-40
  Norman Y. Mineta Research and Special Programs Reorganization Act: H.R. 
5163, amended, to amend title 49, United States Code, to provide the 
Department of Transportation a more focused research organization with an 
emphasis on innovative technology;
  Pages H8340-44
  Amending the Lease Lot Conveyance Act of 2002: S. 1791, to amend the Lease 
Lot Conveyance Act of 2002 to provide that the amounts received by the 
United States under that Act shall be deposited in the reclamation fund--
clearing the measure for the President;
  Pages H8349-50
  Chimayo Water Supply System and Espanola Filtration Facility Act of 2004: 
S. 2511, to direct the Secretary of the Interior to conduct a feasibility 
study of a Chimayo water supply system, to provide for the planning, design, 
and construction of a water supply, reclamation, and filtration facility for 
Espanola, New Mexico--clearing the measure for the President; 
                                                              Pages H8350-51
  National Park System Laws Technical Amendments Act of 2004: S. 2178, to 
make technical corrections to laws relating to certain units of the National 
Park System and to National Park programs--clearing the measure for the 
President;
  Pages H8351-52
  Northern Rio Grande National Heritage Area Act: S. 211, amended, to 
establish the Northern Rio Grande National Heritage Area in the State of New 
Mexico;
  Pages H8352-65
  American Indian Probate Reform Act of 2004: S. 1721, to amend the Indian 
Land Consolidation Act to improve provisions relating to probate of trust 
and restricted land;
  Pages H8365-76
  Congratulating Mojave Aerospace Ventures for Winning the Ansari X Prize: 
H. Res. 820, amended, to congratulate Mojave Aerospace Ventures for winning 
the privately funded $10,000,000 Ansari X Prize and commend the X Prize 
Foundation for spurring this achievement;
  Pages H8376-77
  Specialty Crops Competitiveness Act of 2003: H.R. 3242, amended, to ensure 
an abundant and affordable supply of highly nutritious fruits, vegetables, 
and other specialty crops for American consumers and international markets 
by enhancing the

[[Page D1022]]

competitiveness of United States-grown specialty crops; and
  Pages H8377-82
  Homeless Veterans Assistance Reauthorization Act of 2004: H.R. 4248, 
amended, to amend title 38, United States Code, to extend the authority of 
the Secretary of Veterans Affairs to make grants to expand or modify 
existing comprehensive service programs for homeless veterans. 
                                                              Pages H8382-84
  Agreed to amend the title so as to read: to amend title 38, United States 
Code, to increase the authorization of appropriations for the Secretary of 
Veterans Affairs to make grants to existing comprehensive service programs 
for homeless veterans.
Page H8384
  Servicemembers Legal Protection Act of 2004: H.R. 4658, amended, to amend 
the Servicemembers Civil Relief Act to make certain improvements and 
technical corrections to that Act;
  Pages H8384-90
  Agreed to amend the title so as to read: to amend the Servicemembers Civil 
Relief Act to make certain improvements and technical corrections to that 
Act, otherwise to improve legal protections provided to reserve component 
members called to active duty.
Page H8390
  Congratulating and commending the Veterans of Foreign Wars: H.J. Res. 108, 
congratulating and commending the Veterans of Foreign Wars;
  Pages H8390-91
  Sense of Congress that a minute of silence should be observed annually on 
Veterans Day, November 11: H. Con. Res. 195, expressing the sense of 
Congress that a minute of silence should be observed annually at 11 a.m. on 
Veterans Day, November 11, in honor of the veterans of all United States 
wars and to memorialize those members of the Armed Forces who gave their 
lives in the defense of the United States;
  Pages H8391-92
  Celebrating the 50th anniversary of the opening of the Falcon 
International Dam: H. Res. 818, celebrating the 50th anniversary of the 
opening of the Falcon International Dam, recognizing the dam's importance as 
a source of water and power and as a symbol of friendship and cooperation 
between the United States and the United Mexican States, and urging Mexico 
to honor all of its obligations under the 1944 Treaty Relating to the 
Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio 
Grande;
  Pages H8398-99
  Condemning the abduction of Dylan Benwell from the U.S.: H. Res. 821, 
condemning the abduction of Dylan Benwell from the United States and calling 
for his return; and
  Pages H8399-H8401
  Calling on the U.N. Security Council to take appropriate action in Burma: 
H. Res. 768, calling on the United Nations Security Council to immediately 
consider and take appropriate action to respond to the growing threat that 
the ruling State Peace and Development Council in Burma poses to the 
Southeast Asia region and to the people of Burma.
Pages H8401-03
Suspensions--Proceedings Postponed: The House completed debate on the 
following measures under suspension of the rules. Consideration on the 
measures will continue tomorrow, October 7.
  Internet Spyware (I-SPY) Prevention Act of 2004: H.R. 4661, amended, to 
amend title 18, United States Code, to discourage spyware;
  Pages H8250-52
  Research Review Act of 2004: H.R. 5213, amended, to expand research 
information regarding multidisciplinary research projects and 
epidemiological studies;
  Pages H8255-57
  Providing additional teacher loan forgiveness on Federal student loans: 
H.R. 5186, amended, to reduce certain special allowance payments and provide 
additional teacher loan forgiveness on Federal student loans; and 
                                                              Pages H8319-26
  Reauthorizing and improving programs under the Public Works and Economic 
Development Act of 1965: S. 1134, to reauthorize and improve the programs 
authorized by the Public Works and Economic Development Act of 1965; and 
                                                              Pages H8344-49
  Comprehensive Peace in Sudan Act: H.R. 5061, amended, to provide 
assistance for the current crisis in the Darfur region of Sudan and to 
facilitate a comprehensive peace in Sudan.
  Pages H8393-98
Continue Consideration of Suspensions: Agreed that the Speaker be authorized 
to entertain motions to suspend the rules for the remainder of this 
legislative day;
  Page H8326
Further Supplemental Appropriations for Disaster Relief: The House passed 
H.R. 5212, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2005, for additional disaster assistance relating to 
storm damage, by yea-and-nay vote of 412 yeas with none voting ``nay'', Roll 
No. 501.
  Pages H8287-H8311
  Agreed to the Neugebauer amendment (No. 2 printed in the Congressional 
Record of October 6) that changes section 101 of the bill relating to 
Agriculture Disaster Assistance.
Pages H8304-07
  Rejected the Hensarling amendment (printed in H. Rept. 108-735) that 
sought to fully offset the cost of the supplemental with a proportional 
reduction of FY05 discretionary funds once enacted (by a recorded vote of 89 
ayes to 321 noes, Roll No. 500).
Pages H8307-10
  H. Res. 819, the rule providing for consideration of the bill was agreed 
to by voice vote.
Pages H8278-87
  Agreed to the Putnam amendment in the nature of a substitute to the rule 
by voice vote, after agreeing to order the previous question by a yea-and-
nay vote of 216 yeas to 186 nays, Roll No. 499.
Pages H8285-87
Additional Co-Sponsors: Agreed that the Union Calendar print of H.R. 10, to 
provide for reform of the intelligence community, terrorism prevention and 
prosecution, border security, and international

[[Page D1023]]

cooperation and coordination, reflect additional co-sponsors submitted by 
the Speaker.
  Page H8268
Early Organization of 109th Congress: The House agreed to H. Res. 824, 
relating to early organization of the House of Representatives for the One 
Hundred Ninth Congress.
  Page H8330
Amending the Congressional Accountability Act of 1995: The House agreed to 
the Senate amendment to H.R. 5122, to amend the Congressional Accountability 
Act of 1995 to permit members of the Board of Directors of the Office of 
Compliance to serve for 2 terms--clearing the measure for the President. 
                                                              Pages H8330-31
Discharge Petition: Representative Miller of North Carolina moved to 
discharge the Committee on Rules from the consideration of H. Res. 800, 
providing for the consideration of H.R. 2802, to reauthorize the Small 
Business Act and the Small Business Investment Act of 1958 (Discharge 
Petition No. 16).
Senate Messages: Messages received from the Senate today appear on pages 
H8171, H8252, H8311, and H8403.
Senate Referrals: S. 2484, S. 2896, S. 1134, S. 2195, and S. 2895 were held 
at the desk; S. 2796 and S. 2864 were referred to the Committee on the 
Judiciary.
  Page H8404
Quorum Calls--Votes: Four yea-and-nay votes and one recorded vote developed 
during the proceedings of today. There were no quorum calls. 
                         Pages H8208-09, H8209-10, H8286-87, H8310, H8310-11
Amendments: Amendments ordered printed pursuant to the rule appear on pages 
H8409-10.
Recess: The House recessed at 3:03 a.m. on Thursday, October 7 and 
reconvened at 8:07 a.m.
  Page H8403
Adjournment: The House met at 10 a.m. and adjourned at 8:08 a.m. on 
Thursday, October 7.