[Congressional Record Volume 150, Number 127 (Friday, October 8, 2004)]
[Daily Digest]
[Pages D1039-D1043]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                        House of Representatives


Chamber Action
Measures Introduced: 64 public bills, H.R. 5290-5352; and 16 
resolutions, H.J. Res. 109-110; H. Con. Res. 514-517, and H. Res. 842-
851, were introduced.
  Pages H9047-50
Additional Cosponsors:
  Pages H9050-51
Reports Filed: Reports were filed today as follows:
  H. Res. 776, of inquiry requesting the President and directing the 
Secretary of Health and Human Services provide certain documents to the 
House of Representatives relating to estimates and analyses of the cost 
of the Medicare prescription drug legislation, adversely (H. Rept. 108-
754, Pt. 2);
  Conference report on H.R. 4200, to authorize appropriations for 
fiscal year 2005 for military activities of the Department of Defense, 
to prescribe military personnel strengths for fiscal year 2005 (H. 
Rept. 108-767);
  H.R. 3826, to require the review of Government programs at least once 
every 5 years for purposes of evaluating their performance, amended (H. 
Rept. 108-768);
  H. Res. 843, waiving points of order against the conference report to 
accompany H.R. 4200, to authorize appropriations for fiscal year 2005 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces (H. Rept. 108-769);
  H.R. 2699, to amend the Federal Food, Drug, and Cosmetic Act to 
provide for uniform food safety

[[Page D1040]]

warning notification requirements, amended (H. Rept. 108-770); and
  Conference report on H.R. 1047, to amend the Harmonized Tariff 
Schedule of the United States to modify temporarily certain rates of 
duty, to make other technical amendments to the trade laws (H. Rept. 
108-771).
  H. Res. 846, 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. 108-772). 
                                     Pages H9047, H9187-H9627, H9627-83
Speaker: Read a letter from the Speaker wherein he appointed 
Representative Kirk to act as Speaker pro tempore for today. 
                                                             Page H8861
9/11 Recommendations Implementation Act: The House passed H.R. 10, to 
provide for reform of the intelligence community, terrorism prevention 
and prosecution, border security, and international cooperation and 
coordination, by a recorded vote of 282 ayes to 134 noes, Roll No. 523.
                                                      Pages H8863-H8978
  Rejected the Maloney motion to recommit the bill to the Permanent 
Select Committee on Intelligence with instructions to report the bill 
back to the House forthwith with an amendment, by a recorded vote of 
193 ayes to 223 noes, Roll No. 522.
Pages H8916-77
  Agreed to the amendment in the nature of a substitute consisting of 
the text of the Rules Committee Print dated October 4, 2004, and that 
the amendment be considered as an original bill for the purpose of 
amendment.
  Agreed to consider certain amendments en bloc and limited time for 
debate on the en bloc amendments to 10 minutes.
Page H8874
Agreed to:
  Bonilla amendment (No. 6 printed in H. Rept. 108-751) that directs 
the Secretary of Homeland Security to increase Detention and Removal 
Operations bed space for FY06 and FY07 by 2,500 beds each year; 
                                                         Pages H8869-71
  Capito amendment (No. 7 printed in H. Rept. 108-751) that revises, 
enhances, and consolidates two Federal criminal law statutes into one 
comprehensive statute in order to deter, and more effectively punish, 
terrorist acts against railroad carriers and mass transportation 
providers;
Pages H8871-73
  En bloc amendment consisting of amendments numbered 9, 16, 18, 20, 
and 22 printed in H. Rept. 108-751;
Pages H8875-80
  Foley amendment (No. 10 printed in H. Rept. 108-751) that amends the 
Immigration and Nationality Act to provide for the inadmissibility and 
removability of aliens who have committed, ordered, assisted, incited, 
or otherwise participated in acts of torture or extrajudicial killings 
abroad;
Pages H8880-82
  Hostettler amendment (No. 13 printed in H. Rept. 108-751) that 
modifies certain sections of the bill; (agreed to extend the time for 
debate on the amendment)
Pages H8886-90
  Kirk amendment (No. 4 printed in H. Rept. 108-751) requires the 
President to submit a report to the congressional intelligence 
committees detailing how the Drug Enforcement Administration can be 
integrated into the intelligence community (by a recorded vote of 414 
ayes with none voting ``no'', Roll No. 512);
Pages H8863-64, H8890-91
  Sessions amendment (No. 5 printed in H. Rept. 108-751) that 
establishes a ``zero tolerance'' policy towards unlawful importation, 
possession, or transfer of shoulder fired guided missiles, atomic 
weapons, dirty bombs, and variola virus by making their unauthorized 
possession a federal crime carrying stiff mandatory penalties (by a 
recorded vote of 385 ayes to 30 noes, Roll No. 513); 
                                                  Pages H8865-69, H8891
  Carter amendment (No. 8 printed in H. Rept. 108-751) that amends the 
Federal criminal code to apply the death penalty or life imprisonment 
for a terrorist offense that results in the death of a person (by a 
recorded vote of 344 yeas to 72 nays, Roll No. 514); 
                                               Pages H8874-75, H8891-92
  Goodlatte amendment (No. 11 printed in H. Rept. 108-751) that creates 
a rebuttable presumption that no amount of bail or other conditions 
would assure the appearance in court of a defendant when he is charged 
with a terrorist offense and there is probable cause that the defendant 
committed certain terrorist attacks (by a recorded vote of 333 ayes to 
84 noes, Roll No. 515);
Pages H8882-84, H8892-93
  Green amendment (No. 12 printed in H. Rept. 108-751) that strengthens 
immigration law in regard to the inadmissibility and deportability of 
alien terrorists and their supporters (by a recorded vote of 283 ayes 
to 132 noes, Roll No. 516);
Pages H8884-86, H8893-94
  Bartlett amendment (No. 21 printed in H. Rept. 108-751) that directs 
the Director of Homeland Security to establish an independent panel to 
assess the homeland security needs of the National Capital Region; 
                                                         Pages H8903-04
  Porter amendment (No. 23 printed in H. Rept. 108-751) that promotes 
the Special Assistant to the Secretary for the Private Sector to an 
Undersecretary of Homeland Security for the Private Sector and Tourism;
                                                         Pages H8904-07
  Ose amendment (No. 17 printed in H. Rept. 108-751) that expedites 
construction of two gaps in the 14 mile long barrier at the San Diego 
border (by

[[Page D1041]]

a recorded vote of 256 ayes to 160 noes, Roll No. 519); and 
                                            Pages H8898-H8901, H8908-09
  Weldon of Pennsylvania amendment (No. 19 printed in H. Rept. 108-751) 
that requires the Secretary of Homeland Security to establish a program 
that identifies and catalogs existing mutual agreements (by a recorded 
vote of 415 ayes with none voting ``no'', Roll No. 520). 
                                                  Pages H8901-03, H8909
Rejected:
  Smith of New Jersey amendment (No. 14 printed in H. Rept. 108-751) 
that strikes a section of the bill that requires expedited removal of 
aliens that have been present for less than five years without a 
hearing or future review (agreed to by a recorded vote of 212 ayes to 
203 noes, Roll No. 517) (a separate vote was demanded on the amendment 
and it failed by a recorded vote of 203 ayes to 210 noes, Roll No. 
521); and
Pages H8894-96, H8907-08, H8915-16
  Smith of New Jersey amendment (No. 15 printed in H. Rept. 108-751) 
that strikes a section of the bill that diminishes asylum rights and 
refugee protections (by a recorded vote of 197 ayes to 219 noes, Roll 
No. 518).
Pages H8896-98, H8907-08
  Agreed that the Clerk be authorized to make technical and conforming 
changes to the bill in its enrollment.
Page H8978
  Agreed that the Committee on the Judiciary have until November 19, 
2004 to file a supplemental report on the bill.
Page H8978
  H. Res. 827, the rule providing for consideration of the bill was 
agreed to yesterday, October 7.
  Later, the House rejected the Gutierrez motion to instruct conferees 
on the Senate companion bill, S. 2845, by a yea-and-nay vote of 169 
yeas to 229 nays, Roll No. 525.
Pages H8978-86, H8993
Requesting the return of papers: Agreed to H. Res. 842, requesting the 
return of official papers on S. 1301.
  Page H8894
National Defense Authorization Act for Fiscal Year 2005--Conference 
Report: The House began consideration of the conference report to 
accompany H.R. 4200, to authorize appropriations for fiscal year 2005 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces. Further proceedings will continue on Saturday, October 9. 
                                                      Pages H8995-H9007
  Agreed to H. Con. Res. 514, directing the Clerk of the House to make 
a technical correction in the enrollment of H.R. 4200.
Page H9007
  H. Res. 831, waiving a requirement of clause 6(a) of Rule XIII with 
respect to the same day consideration of certain resolutions reported 
by the Rules Committee, was agreed to by voice vote.
Pages H8986-88
  H. Res. 843, providing for consideration of the conference report, 
was agreed to by voice vote, after agreeing to order the previous 
question by a yea-and-nay vote of 225 yeas to 175 nays, Roll No. 524. 
                                                         Pages H8988-93
Privileged Resolution: The House agreed to table H. Res. 845, relating 
to a question of the privileges of the House, by a recorded vote of 210 
ayes to 182 noes and 5 voting ``present'', Roll No. 526. 
                                                         Pages H8993-94
Military Construction Appropriations Act, 2005--Conference Report: The 
House agreed to H. Res. 832, waiving a requirement of clause 6(a) of 
Rule XIII with respect to the same day consideration of certain 
resolutions reported by the Rules Committee, was agreed to by voice 
vote.
  Pages H9007-08
Recess: The House recessed at 8:14 p.m. and reconvened at 10:42 p.m. 
                                                             Page H9008
Authorizing the Gateway Arch in St. Louis be illuminated by pink lights 
in honor of breast cancer awareness month: The House 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--clearing the 
measure for the President.
  Page H9008
Fort Donelson National Battlefield Expansion Act of 2004: The House 
passed S. 524, to expand the boundaries of the Fort Donelson National 
Battlefield to authorize the acquisition and interpretation of lands 
associated with the campaign that resulted in the capture of the fort 
in 1862--clearing the measure for the President.
  Pages H9008-09
Reauthorizing the State Justice Institute: Agreed to the Senate 
amendment to H.R. 2714, to reauthorize the State Justice Institute--
clearing the measure for the President.
  Page H9009
Prevention of Child Abduction Partnership Act: The House passed S. 
2883, to amend the International Child Abduction Remedies Act to limit 
the tort liability of private entities or organizations that carry out 
responsibilities of United States Central Authority under that Act--
clearing the measure for the President.
  Pages H9009-10
Anabolic Steroid Control Act of 2004: The House passed S. 2195, to 
amend the Controlled Substances Act to clarify the definition of 
anabolic steroids and to provide for research and education activities 
relating to steroids and steroid precursors--clearing the measure for 
the President.
  Pages H9010-11

[[Page D1042]]

Federal Regulatory Improvement Act of 2004: The House passed H.R. 4917, 
to amend title 5, United States Code, to authorize appropriations for 
the Administrative Conference of the United States for fiscal years 
2005, 2006, and 2007.
  Page H9011
Family Farmer Bankruptcy Relief Act of 2004: The House passed S. 2864, 
to extend for eighteen months the period for which chapter 12 of title 
11, United States Code, is reenacted--clearing the measure for the 
President.
  Page H9011
Improving Access to Assistive Technology for Individuals With 
Disabilities Act of 2004: The House agreed to the Senate amendment to 
H.R. 4278, to amend the Assistive Technology Act of 1998 to support 
programs of grants to States to address the assistive technology needs 
of individuals with disabilities--clearing the measure for the 
President.
  Pages H9011-20
Improving Education Results for Children With Disabilities Act of 2003: 
The House disagreed to the Senate amendment to H.R. 1350, to 
reauthorize the Individuals with Disabilities Education Act, and agreed 
to a conference.
  Page H9020
  Appointed as conferees: From the Education and the Workforce for 
consideration of the House bill and the Senate amendment, and 
modifications committed to conference: Representatives Boehner, Castle, 
Ehlers, Keller, Wilson (SC), George Miller (CA), Woolsey, and Owens. 
                                                             Page H9020
  From the Committee on Energy and Commerce, for consideration of sec. 
101 and title V of the Senate amendment, and modifications committed to 
conference: Representatives Barton (TX), Bilirakis, and Dingell. 
                                                             Page H9020
  From the Committee on the Judiciary, for consideration of sec. 205 of 
the House bill, and sec. 101 of the Senate amendment, and modifications 
committed to conference: Representatives Sensenbrenner, Smith (TX) and 
Conyers.
Page H9020
Extending the liability indemnification regime for the commercial space 
transportation industry: The House passed H.R. 5245, to extend the 
liability indemnification regime for the commercial space 
transportation industry.
  Page H9020
National Earthquake Hazards Reduction Program Reauthorization Act of 
2003: The House agreed to the Senate amendment to H.R. 2608, to 
reauthorize the National Earthquake Hazards Reduction Program--clearing 
the measure for the President.
  Pages H9020-24
Amending the securities laws to permit church pension plans to be 
invested in collective trusts: The House agreed to the Senate amendment 
to H.R. 1533, to amend the securities laws to permit church pension 
plans to be invested in collective trusts--clearing the measure for the 
President.
  Page H9024
Authorizing the President to award a gold medal to Rev. Dr. Martin 
Luther King, Jr. (posthumously) and Coretta Scott King: The House 
passed S. 1368, to authorize the President to award a gold medal on 
behalf of the Congress to Reverend Doctor Martin Luther King, Jr. 
(posthumously) and his widow Coretta Scott King in recognition of their 
contributions to the Nation on behalf of the civil rights movement--
clearing the measure for the President.
  Pages H9024-25
Modifying and extending certain privatization requirements of the 
Communications Satellite Act of 1962: The House passed S. 2896, to 
modify and extend certain privatization requirements of the 
Communications Satellite Act of 1962--clearing the measure for the 
President.
  Pages H9025-26
Authorizing appropriations for the John F. Kennedy Center for the 
Performing Arts: The House passed H.R. 5294, to amend the John F. 
Kennedy Center Act to authorize appropriations for the John F. Kennedy 
Center for the Performing Arts.
  Pages H9026-27
Veterans' Compensation Cost-of-Living Adjustment Act of 2004: The House 
agreed to the Senate amendment to 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--clearing the measure for the President.
  Page H9027
Global Anti-Semitism Review Act of 2004: The House passed S. 2292, 
amended, to require a report on acts of anti-Semitism around the world.
                                                         Pages H9027-29
Resolution of the Ethiopia-Eritrea Border Dispute Act of 2003: The 
House passed H.R. 2760, amended, to limit United States assistance for 
Ethiopia and Eritrea if those countries are not in compliance with the 
terms and conditions of agreements entered into by the two countries to 
end hostilities and provide for a demarcation of the border between the 
two countries.
  Pages H9029-32
Miscellaneous Trade and Technical Corrections Act of 2003: The House 
agreed to the conference report to accompany H.R. 1047, to amend the 
Harmonized Tariff Schedule of the United States to modify temporarily 
certain rates of duty, to make other technical amendments to the trade 
laws.
  Pages H9032-33

[[Page D1043]]

Providing for the establishment of supplemental dental and vision 
benefits for Federal employees, retirees, and dependents: The House 
passed H.R. 5295, to amend part III of title 5, United States Code, to 
provide for the establishment of programs under which supplemental 
dental and vision benefits are made available to Federal employees, 
retirees, and their dependents, to expand the contracting authority of 
the Office of Personnel Management.
  Pages H9033-37
Recess: The House recessed at 11:07 p.m. and reconvened at 2:10 a.m. on 
Saturday, October 9.
  Page H9037
Recess: The House recessed at 2:11 a.m. and reconvened at 9:36 a.m. on 
Saturday, October 9.
  Page H9037
Quorum Calls--Votes: 13 yea-and-nay votes and two recorded votes 
developed during the proceedings of today. There were no quorum calls.

       Pages H8890-91, H8891, H8892, H8892-93, H8893, H8907, H8907-08, 
       H8908-09, H8909, H8915-16, H8976-77, H8977-78, H8992-93, H8993, 
                                                                  H8994

Adjournment: The House met at 9 a.m. and adjourned at 2:11 a.m. on 
Saturday, October 9, stands in recess subject to the call of the chair.