Thad Cochran

Mr. COCHRAN

Mr. COCHRAN. My expectation is that the committee leadership, in consultation with the leaders of the Senate, will make that decision at a later time. Today they are trying to mark up individual appropriations bills, and in due course they will take up the supplemental as well.

Mr. COCHRAN. It may have been made and I just haven't heard about it. The Senator from Florida may be more up to date than I am. But I knew it was an option that was being considered and being discussed. I was not aware that the decision had definitely been made to do that.

Mr. COCHRAN. Mr. President, the Senator is absolutely correct. It poses a real danger, not only to the people in that area but also to property. It is clear that the disaster relief fund of the Federal Emergency Management Agency, which we replenished just a few days ago to the tune of $2 billion, could run out of money again. I know the tendencies of this Congress to be that where there are needs like that, we will act to address them. At a time when that relief fund or any other account is depleted and hurricane victims need the attention of these agencies and the benefits to which they are entitled, we will act. I believe we will act promptly and with dispatch and with generosity to the fullest extent allowed under the law.

Mr. COCHRAN. It is one of the agencies under the Department of Homeland Security, and it is covered in this annual appropriations bill.

Mr. COCHRAN. Mr. President, we are at a point now where we can announce to Senators our intention to proceed to votes on some of the amendments that are pending now. The amendment of the Senator from New Jersey, which he has modified, would be the first amendment we would consider. It would be the intention of this manager to move to table the Corzine amendment and get the yeas and nays, and then have a similar motion against the Dayton amendment No. 3629 and the Clinton/ Schumer amendment No. 3632. We are advised that the Appropriations Committee is in meeting now and members may not be available until close to 4, but we could begin these votes at 3:45. The distinguished assistant leader has assured us that is an agreement that is OK with the Democratic side of the aisle, and with that understanding, I will propound this unanimous consent request. I ask unanimous consent that at 3:45 p.m. today, the Senate vote in relation to the following amendments in the order mentioned: Corzine No. 3619, as modified; Dayton No. 3629; Clinton No. 3632. I further ask unanimous consent that no amendments be in order to the amendments prior to those votes and that there be 2 minutes equally divided for debate prior to each of the votes, and finally that the second and third votes in the series be limited to 10 minutes each.

Mr. COCHRAN. Mr. President, I move to reconsider the vote.

Mr. COCHRAN. I thank the distinguished leader and I thank all Senators for that agreement.

Mr. COCHRAN. I am happy to yield.

Mr. COCHRAN. This vote will be a 10-minute vote. Would the Chair state the question before the Senate?

Mr. COCHRAN. Mr. President, let me make a couple points I think are important before we vote on this amendment. This is a report--the subject of this amendment by Senator Kennedy--that was prepared at the President's request to advise him on intelligence issues. The report constitutes privileged advice to the President from a confidential adviser. In order to protect the ability of not only this President but future Presidents in their ability to receive advice as a matter of separation of powers, recognized previously by the courts, Presidents of both parties have long declined to turn over to Congress privileged advice that is prepared for them at their request. For this same reason, the President does not ask Members of Congress to turn over advisory information prepared for us by our staff members. We think this is a tradition that should be honored in this case. I am prepared to move to table the amendment if no other Senator wants to be recognized. If others want to speak on the issue, I am happy to yield the floor. Mr. President, I move to table the amendment of the Senator from Massachusetts and ask for the yeas and nays.

Mr. COCHRAN. Mr. President, I move to reconsider the vote.

Mr. COCHRAN. Mr. President, I ask unanimous consent that these votes be stacked that are in order: the two Schumer amendments, the Clinton amendment, the vote on final passage, and any vote in relation to the Kennedy amendment as well--that they be stacked so we can then proceed with debate on the second Schumer amendment or the Clinton amendment and dispose of the discussion, and then we will have a vote on all of those issues at the same time.

Mr. COCHRAN. Mr. President, this amendment would add to the bill $350 million for components of the United States Visitor and Immigration Status Indicator Technology system, known as US VISIT. We have included the amount requested by the administration in this bill for the US VISIT system in the amount of $340 million. So the Senator's amendment would double the amount that is already included in the bill. The amendment will cause the bill to exceed the committee's 302(b) allocation. Therefore, I make a point of order under section 302(f) of the Congressional Budget Act that the amendment provides spending in excess of the subcommittee's 302(b) allocation.

Mr. COCHRAN. Mr. President, this amendment would add $350 million to the bill for rail and security transit grants. A previously adopted amendment has already added $128 million to the bill for this purpose. The amendment will cause the bill to exceed the committee's 302(b) allocation; therefore, I make a point of order under section 302(f) of the Congressional Budget Act that the amendment provides spending in excess of the subcommittee's 302(b) allocation.

Mr. COCHRAN. Mr. President, under the order previously entered, there is an opportunity for consideration of a pending Kennedy amendment or the offering of amendment No. 3631 by Senator Clinton.

Mr. COCHRAN. Mr. President, we are at a point now where we can proceed with two or three other amendments that may require votes and then we expect to have a vote on final passage. We would like to get an agreement that these are the amendments which will be voted on and that we will have votes in sequence on those amendments and final passage of the bill. I hope my friend from Nevada will consider that. The Senator from Florida wants to be heard. I yield the floor. Mr. President, I suggest the absence of a quorum.

Mr. COCHRAN. Mr. President, we are at a point where we can advise Senators of amendments that will now be presented to the Senate for votes. We hope we can get this unanimous consent agreement adopted so we will have an orderly process to follow. I ask unanimous consent that other than any amendments cleared by both managers, the only remaining amendments be the following and that there be no second degrees in order to the listed amendments prior to votes in relation to those amendments: the pending Kennedy amendment for 5 minutes equally divided; the Schumer amendment on rail safety with 10 minutes equally divided; the Schumer amendment on immigration with 10 minutes equally divided; and the Clinton amendment, No. 3631, with 10 minutes equally divided--and I am sure the Senator from Florida will call up his amendment on funds for the Red Cross, and we will adopt that on a voice vote--further, that any other pending amendments be withdrawn, and following disposition of the above-listed amendments, the bill be read a third time and the Senate proceed to passage as under the order.

Mr. COCHRAN. Mr. President, the funds allocated for this program in this bill are done on a formula basis under the provisions of the U.S.A. PATRIOT Act. The Senate Governmental Affairs Committee held hearings on this issue and has reported out a bill, S. 1245, the Homeland Security Grant Enhancement Act, to deal with domestic preparedness grants and how they are distributed. That is the legislation that is the appropriate vehicle for further debate and amendments if Senators want to offer amendments dealing with the formula for distributing State and local first responder grant funding. This should not be done on an appropriation bill, on this bill, as the Senator seeks to do with her amendment. Therefore, I move to table the amendment and ask for the yeas and nays.

Mr. COCHRAN. I thank all Senators.

Mr. COCHRAN

Mr. COCHRAN. Mr. President, I ask unanimous consent that the Special Committee on Aging be authorized to meet Tuesday, September 14, 2004 from 10:00 a.m. to 12:00 p.m. in Dirksen 628 for the purpose of conducting a hearing.

Mr. COCHRAN. Mr. President, I ask unanimous consent that the Subcommittee on Public Land and Forests of the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Tuesday, September 14 at 2:30 p.m. The purpose of the hearing is to receive testimony on S. 2532, to establish wilderness areas, promote conservation, improve public land, and provide for the high quality development in Lincoln County, NV, and for other purposes; S. 2723, to designate certain land in the State of Oregon as wilderness, and for other purposes; and S. 2709, to provide for the reforestation of appropriate forest cover on forest land derived from the public domain, and for other purposes.

Mr. COCHRAN. Mr. President, I ask unanimous consent that the Committee on Governmental Affairs Subcommittee on Oversight of Government Management, the Federal Workforce and the District of Columbia, be authorized to meet on Tuesday, September 14, 2004 at 9:30 a.m. for a hearing entitled, ``The 9/11 Commission Human Capital Recommendations: A Critical Element of Reform.''

Mr. COCHRAN. Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Tuesday, September 14, 2004, at 10 a.m., to hear testimony on ``Implementing the Medicare Prescription Drug Benefit and Medicare Advantage Program: Perspectives on the Proposed Rules.''

Mr. COCHRAN

Mr. COCHRAN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. COCHRAN

Mr. COCHRAN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.