[Congressional Record Volume 150, Number 71 (Wednesday, May 19, 2004)]
[House]
[Pages H3369-H3376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005

  The SPEAKER pro tempore. Pursuant to House Resolution 648 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 4200.

                              {time}  2028


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (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, and for other 
purposes, with Mr. Sweeney (Chairman pro tempore) in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN pro tempore. When the Committee of the Whole rose 
earlier today, amendment No. 2 printed in House Report 108-499 offered 
by the gentlewoman from California (Mrs. Davis) had been disposed of.


                 Amendment No. 3 Offered by Mr. Hunter

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from California 
(Mr. Hunter) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 416, 
noes 4, not voting 13, as follows:

[[Page H3370]]

                             [Roll No. 199]

                               AYES--416

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baker
     Baldwin
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bell
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Clyburn
     Coble
     Cole
     Collins
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Foley
     Forbes
     Ford
     Fossella
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hefley
     Hensarling
     Herger
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--4

     Conyers
     Kucinich
     Lee
     Woolsey

                             NOT VOTING--13

     Baird
     Ballance
     Burr
     Delahunt
     Dooley (CA)
     Emerson
     Gephardt
     Hayworth
     Jones (NC)
     Leach
     Murtha
     Smith (WA)
     Tauzin


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. Sweeney) (during the vote). Members are 
advised 2 minutes remain in this vote.

                              {time}  2045

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. BAIRD. Mr. Chairman, on rollcall No. 199, the Hunter amendment, 
had I been present, I would have voted ``aye.''
  The CHAIRMAN pro tempore (Mr. Simpson). It is now in order to 
consider amendment No. 4 printed in House Report 108-499.


         Amendment No. 4 Offered by Mr. Weldon of Pennsylvania

  Mr. WELDON of Pennsylvania. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Weldon of Pennsylvania:
       At the end of subtitle A of title XII (page 424, after line 
     12), insert the following new section:

     SEC. 12__. SENSE OF CONGRESS ON DESTRUCTION OF ABU GHRAIB 
                   PRISON IN IRAQ.

       (a) Findings.--Congress makes the following findings:
       (1) Under the regime of Saddam Hussein, the Abu Ghraib 
     prison in Iraq was one of the world's most notorious prisons.
       (2) Under that regime, as many as 50,000 men and women were 
     jammed into the prison at one time in 12 feet by 12 feet 
     cells.
       (3) Under that regime, many people were tortured and 
     executed in the Abu Ghraib prison.
       (4) Recent activities have further highlighted the horrible 
     memories that Abu Ghraib stands for.
       (b) Sense of Congress.--It is the sense of the Congress 
     that the Secretary of Defense should assist the Iraqi 
     Government, with the approval of that government, in 
     destroying the Abu Ghraib prison and replacing it with a 
     modern detention facility.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 648, the 
gentleman from Pennsylvania (Mr. Weldon) and a Member opposed each will 
control 10 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Weldon).

                              {time}  2045

  Mr. WELDON of Pennsylvania. Mr. Chairman, I yield myself such time as 
I may consume.
  Mr. Chairman, I offer this amendment with my good friend and 
colleague, the gentleman from Pennsylvania (Mr. Murtha).
  This amendment is a sense of Congress that gives the authority to the 
administration and the Pentagon with the appropriate approval of the 
new government of Iraq to dismantle the Abu Ghraib Prison that has been 
the site of so much torture under Saddam's rule and the most recent 
embarrassment we have had with our troops that have been administering 
that prison.
  In the era of Saddam Hussein, Mr. Chairman, Abu Ghraib, 20 miles west 
of Baghdad, was one of the world's most notorious prisons with 
tortures, weekly executions, and vile living conditions. As many as 
50,000 men and women were jammed into Abu Ghraib at one time in 12-by-
12-foot cells that were little more than human holding pits.
  Under Saddam Hussein, there were 4,000 prisoners executed in this 
prison in 1984. In December of 1997 more than 800 prisoners were 
executed, including 30 members of the Iraqi National Congress in an 
effort to clean the prison. On April 27, 1998, between 6 a.m. and 9 
p.m. 2,000 inmates were executed in mass firing squads and hanging 
halls in an ongoing cleaning of the prison.
  On December 13, 1998, there was an execution of 81 political 
detainees, including 18 members of the armed services.
  Between October and December of 2000, Qusay Hussein executed 1,000 
prisoners at this site. The closed wing of the prison housed only 
Shiite prisoners who were kept in 12-by-12-foot cells containing an 
average of 40 prisoners each.
  Many of the Kurdish prisoners who were held in this prison and were 
out of sight were subjected to experimental chemical and biological 
programs. If we look at the studies by Amnesty

[[Page H3371]]

International and other U.N. groups, under Saddam Hussein, torture 
victims in Iraq in this prison were blindfolded, stripped, suspended 
from their wrists for long hours. Electric shocks and probes were used, 
including areas of the genitals, ears, the tongue and fingers. They 
were beaten and whipped. Every type of treatment that was inhumane and 
unimaginable was done in this prison.
  It should have been closed down and it should have been torn down 
when we liberated Iraq, and it was not done. Unfortunately, for several 
months last year a small number of our soldiers, as yet to be 
determined, were involved in embarrassing situations with Iraqi 
prisoners that we detained.
  Now, our justice system works very quickly. And I am proud to report 
to our colleagues today that within 2 hours, the first soldier that was 
involved in committing acts that many would call in violation of the 
Geneva Final Accord was convicted, having pled guilty to crimes against 
prisoners. This will follow very quickly a justice system that will not 
drag out for months or years, but within a matter of weeks will hold 
our American service personnel, a very small number of them, 
accountable for acts that they committed at this same prison.
  What we are saying in this amendment very simply, Mr. Chairman, is 
assuming the new Iraqi Government, which will take place on July 1, 
agrees, and it will be their decision because it will be their country, 
then we are encouraging our Defense Department to work with that 
government in tearing down this symbol of terrorism, in tearing down 
this symbol of torture and hatred, to send a clear signal to the Iraqi 
people that this era of terrible atrocities has really ended; and a new 
prison will be constructed either at that site or some other site, to 
allow Iraq to house the prisoners that they have to hold for proper 
trial and for jurisprudence.
  It is the sense of the Congress that the Secretary should assist the 
Iraqi Government, with the approval of that government, in destroying 
the prison and replacing it with a modern detention facility.
  Mr. Chairman, I reserve the balance of my time.
  Mr. McCOTTER. Mr. Chairman, I rise in opposition to the amendment.
  The CHAIRMAN pro tempore (Mr. Simpson). The gentleman is recognized 
for 10 minutes.
  Mr. McCOTTER. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, while I strongly support the underlying bill and fully 
respect the intent of the esteemed Member's amendment, I reluctantly 
rise in opposition to it, which I believe at present could potentially 
result in the alacritous demolition of Iraq's Abu Ghraib Prison.
  In so rising, I site the present disposition of another notorious 
site of murder and repression, Ireland's Kilmainham Jail. Built in 
Dublin by the British, from 1796 until the release of its last prisoner 
and future Irish president, Eamon de Valera, in 1924, Kilmainham Jail 
played a grim host to the incarceration, repression, and execution of 
Irish prisoners by both the English and then, most tragically, by the 
Irish themselves.
  After initially falling into disrepair and dilapidation, the jail's 
restoration was commenced in 1960 and eventually concluded in the 1980s 
by the Irish Republic's Office of Public Works. Today, over 150,000 
visitors a year come from all over the world to view Kilmainham Jail, 
for it constitutes a historical mirror into the torturous times which 
culminated in Irish independence.
  In its present state, Kilmainham Jail has been wrested from its 
inhuman captors' use as a paradigm of oppression and death, and has 
instead been presented to humanity as an enduring testament to the 
transcendence and ultimate triumph of the human spirit in the face of 
evil.
  Mr. Chairman, so too must stand Abu Ghraib Prison. For decades, Abu 
Ghraib Prison housed the murder, torture and rape of Iraqi citizens at 
the hands of a butcher, Saddam Hussein, and most tragically has seen 
the inhumane treatment of Iraqi prisoners by an unrepresentative 
smattering of despicable captors.
  Thus, just as Irish suffering secured Irish ownership of Kilmainham 
Jail's fate, Iraqi suffering has secured Iraqi ownership over Abu 
Ghraib Prison's fate.
  Abu Ghraib is not America's to obliterate as a site of evil. It is 
Iraq's to elevate as a testament to history and a caution of the 
future.
  Yet, this is but my opinion, for not being an Iraqi, such is not my 
decision to make. Nor, I caution, is this a decision to be made by the 
Coalition Provisional Authority or the Iraqi Governing Council. The CPA 
and IGC are transitory stewards of Iraqi sovereignty. They are not the 
sovereign government comprised of the Iraqi people. Thus, if the CPA 
and/or the IGC makes a determination on Abu Ghraib's future, especially 
its demolition, such an action will be viewed by many Iraqis as having 
been done at the behest of the U.S. and our allies and not on behalf of 
the Iraqi people by the Iraqi people.
  In a country and a time teeming with missed opportunities and 
impending deadlines, let us not miss this chance to act presciently, 
not precipitously.
  I make then the following proposal: Immediately upon the transfer of 
sovereignty from the Coalition Provisional Authority to the Iraqi 
people on July 1, the United States must formally tender to the Iraqi 
government Abu Ghraib Prison. Then the Iraqi people and their new 
sovereign government, without external pressure and through free 
speech, debate, assembly, petition and all lawful political processes, 
the very political freedoms we are trying to impart to them, can justly 
make their final determination upon Abu Ghraib's final fate.
  Nothing could more clearly and fully exhibit our true and sustained 
commitment to our own democratic principles and to the Iraqi people 
that our manifest comprehension of a few depraved captors' shame does 
not eclipse thousands of Iraqis' pain.
  This is the sovereign Iraqis' decision to make. It is not ours to 
insist upon or suggest but only to abide.
  Mr. Chairman, I reserve the balance of my time.
  Mr. WELDON of Pennsylvania. Mr. Chairman, I yield such time as he may 
consume to the gentleman from Missouri (Mr. Skelton).
  Mr. SKELTON. Mr. Chairman, I happen to think the gentleman has a good 
amendment. In my opening statement on the bill in the committee, if the 
gentleman will recall, I suggested this very, very strongly. And 
without going into great detail, I will just reiterate what I said then 
and I will agree with the amendment of the gentleman.
  Mr. WELDON of Pennsylvania. Mr. Chairman, I yield myself such time as 
I may consume.
  Mr. Chairman, I thank the distinguished ranking member and good 
friend for his comments.
  Just for the record, I would remind my good friend and colleague, the 
gentleman from Michigan (Mr. McCotter) that there will no provisional 
authority when this bill becomes law. The fact that we vote on this 
tomorrow does nothing because this bill has to go through the process 
of working with the other body and being signed by the President. That 
cannot happen and will not happen until probably October or November of 
this year.
  By October or November of this year, there will be no more 
provisional authority; it will not exist. There will be an Iraqi 
Government. And that is what this amendment says; it says only if the 
Iraqi Government suggests and approves that this action be taken is our 
Defense Department encouraged to cooperate in that effort.
  I would say to my friend and colleague, in the institution he cited 
in Ireland, there was no U.S. involvement that I am aware of in 
committing atrocities at that Irish prison. And so perhaps that prison 
stands to the atrocities caused by those people in Ireland who 
committed them.
  In this case, as all Arabs know, there were in fact very serious 
incidents caused by Americans. I do not want that prison to be a 
testament to American atrocities when the greater symbol for the Iraqi 
people should be the liberation of that country so that they can take 
care of their own jurisprudence as we have called for and allow them to 
move forward without the stigma of what was accomplished by a very 
small number of American soldiers in that prison.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, will the gentleman yield?

[[Page H3372]]

  Mr. WELDON of Pennsylvania. I yield to the gentlewoman from Texas.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I just want to join the 
gentleman and join the gentleman from Pennsylvania (Mr. Murtha) for 
what I think is a smart amendment that really brings all of us together 
on this floor.
  We just got through voting almost unanimously on a resolution, or a 
sense of Congress, that we condemn the acts that occurred. The 
gentleman just noted that procedures occurred earlier this morning that 
addressed the question of some of those Reservists and National Guard.
  Sometimes we disagree on how far up the chain this accountability 
should be held, but we do not disagree, if you will, on the symbol that 
that prison now represents; and as well, we do not disagree on the fact 
that so many men and women are on the front lines, honorably serving, 
whether it is in Iraq, whether it is in Bosnia or whether it is in 
Afghanistan.
  I believe this is a solid statement. We know, putting aside the 
tragedies that happened, that we do not discard, I find them horrific, 
that this is a place that Saddam Hussein used to cut off fingers, to 
mutilate, to dehumanize, if you will, over the decades. And now, of 
course, we have these horrific acts by soldiers which we do not uphold.
  This is a forward step. And I would think that if we are moving to a 
democracy, we do not need any more of the hanging prisons located in 
Iraq, a new democracy that we are all trying to get to. So I would 
argue beyond my plea for accountability at the very highest levels for 
these terrible incidents.
  I would say this is a very smart amendment. I ask my colleague to 
support it.
  Mr. WELDON of Pennsylvania. Reclaiming my time, I thank the 
gentlewoman for her comments.
  I would say in closing, Mr. Chairman, this does not mandate one 
thing. This does not require one action. This amendment simply says to 
the Department of Defense, if the new Iraqi legitimate government 
decides they want to proceed, we should assist in tearing down this 
prison. If the new Iraqi regime and government decides they do not want 
to proceed, then this amendment has no bearing.
  I think it makes sense and I think it lets the new Iraqi Government 
know that we will be there if they decide to destroy this symbol of 
terrorism. That should be their decision. And if they make that 
decision, we should authorize our Defense Department to assist them in 
removing this symbol of terrorism and torture that has been there for 
so long.
  Mr. Chairman, I yield back the balance of my time.
  Mr. McCOTTER. Mr. Chairman, I yield myself such time as I may 
consume.
  First, I am aware of America's not having a role in Kilmainham Jail 
or grandpa would not have come here in the first place, quite likely. I 
never implied that. It was never stated.
  I think the fact that we are having this debate is a worthwhile 
debate, but it is not what is reflected in the amendment. If the new 
Iraqi Government applies, if the Iraqi Government referenced in the 
amendment on line 17 applies to the new sovereign Iraqi Government, it 
should say so. And since this seems to be the age of deadlines or 
timelines, put July 1 or later.
  It also should not suggest only one course of action. It should 
suggest that after a new sovereign Iraqi Government decides what they 
want to do with that facility, I cannot use that word, that evil site, 
then we should be able to assist them in whatever decision they make.
  I was talking to another Member today, it was kind of ironic, about 
this situation, and he mentioned he had been to Dachau. And there are 
two testaments to evil that I can right off think of, Dachau and 
Auschwitz where America liberated.
  Auschwitz, which is in Poland, still stands intact. Dachau is a fence 
with pictures; Dachau is in Germany.
  This is an intensely personal decision for the Iraqi people. It 
should be done through their sovereign government. There should be no 
external pressure or suggestions as to what they should do.
  I believe that a better amendment would have been that we will assist 
them and the new sovereign government after July 1 in whatever 
disposition of that prison that they sought and saw fit, based upon the 
suffering on that site.
  Mr. WELDON of Pennsylvania. Mr. Chairman, will the gentleman yield?
  Mr. McCOTTER. I yield to the gentleman from Pennsylvania.
  Mr. WELDON of Pennsylvania. Mr. Chairman, this legislation will pass 
after July 1, so there is no way that this legislation can apply to a 
government that exists today because, by the time this legislation is 
completed, it will be the time frame of October or November or later 
this year. So by the time this bill is signed into law, there will be 
no provisional authority. There will be a legitimate Iraqi Government 
duly elected by the Iraq people under their constitution.
  So to reference a date is a moot point because by the time this 
legislation is passed, that date will far have been over.

                              {time}  2100

  Mr. McCOTTER. Mr. Chairman, reclaiming my time, in a time of war 
events often lead legislation and precede it.
  I have the utmost respect for the sponsors of this amendment and 
their intent. I believe him about the legislative process. It is my 
concern that come July 1 Abu Ghraib prison may not stand anymore and 
may not be there for a new sovereign Iraqi Government to make that 
determination. That is my concern; and the drafting of the amendment, 
as such, could arguably allow that to happen with the implicit consent 
of a House that passed this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore (Mr. Simpson). The question is on the 
amendment offered by the gentleman from Pennsylvania (Mr. Weldon).
  The question was taken; and the Chairman pro tempore announced that 
the ayes appeared to have it.
  Mr. WELDON of Pennsylvania. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Pennsylvania 
(Mr. Weldon) will be postponed.
  It is now in order to consider amendment No. 5 printed in House 
report 108-499.


             Amendment No. 5 Offered by Mr. Meek of Florida

  Mr. MEEK of Florida. Mr. Chairman, I offer an amendment.
  The Chairman pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Meek of Florida:
       At the end of title IX (page 348, after the matter 
     following line 21), insert the following new section:

     SEC. 9__. SECRETARY OF DEFENSE GUIDANCE ON IDENTIFICATION AND 
                   INTERNAL TRANSMISSION OF CRITICAL INFORMATION.

       (a) Defense Guidance.--The Secretary of Defense shall 
     establish criteria for determining the types of critical 
     information required to be made known expeditiously to senior 
     decision makers in the Department of Defense. The types of 
     information specified should be matters of extraordinary 
     significance and potential strategic impact and should be 
     immediately necessary to facilitate timely information 
     management in the high-level, decision-making process 
     affecting successful mission accomplishment. The Secretary 
     may from time to time modify the list to suit the current 
     strategic situation, as necessary. The Secretary should 
     provide to the Secretaries of the military departments, the 
     commanders of deployed forces, and other elements of the 
     Department of Defense guidance for the purposes of 
     identifying those critical information requirements.
       (b) Matters To Be Included.--The guidance under subsection 
     (a) shall include, at a minimum, requirement for 
     identification of the following:
       (1) Any incident that may require a military contingency 
     based on the incident's nature, gravity, or potential for 
     significant adverse consequences to United States citizens, 
     military personnel, or assets, including an incident that 
     provides opportunities for significant adverse publicity of a 
     nature that could have a strategic impact.
       (2) Any event, development, or situation that can be 
     reasonably assumed to escalate into a significant adverse 
     incident described in paragraph (1).
       (3) Any deficiency or error in policy, standards, or 
     training that can be reasonably assumed to foster significant 
     adverse incidents described in paragraph (1).
       (c) Policy for Transmission of Information to OSD.--The 
     Secretary of Defense

[[Page H3373]]

     shall establish a policy for the transmission from any 
     element of the Department of Defense as expeditiously as 
     possible to the Secretary of Defense and the Joint Chiefs of 
     Staff of any report, assessment, or evaluation commissioned 
     from any level within the Department of Defense that results 
     in the identification of any of the items on the list 
     required by subsection (a). As part of that policy, the 
     Secretary should establish a timetable for transmission of 
     any such report, assessment, or evaluation to the responsible 
     major command upon receipt of the final document by the 
     commissioning authority.
       (d) Time for Issuance of Guidance.--The Secretary of 
     Defense shall establish the list required by subsection (a) 
     and issue the guidance required by that subsection not later 
     than 90 days after the date of the enactment of this Act.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 648, the 
gentleman from Florida (Mr. Meek) and a Member opposed each will 
control 10 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Meek).
  Mr. MEEK of Florida. Mr. Chairman, I yield myself as much time as I 
may consume.
  First of all, I am so appreciative here tonight. I want to thank the 
gentleman from California (Chairman Hunter) and also the gentleman from 
Missouri (Ranking Member Skelton) for the work that both their staffs 
have put on this amendment.
  In the Committee on Armed Services we had great discussions about 
some of the testimony we heard from Joint Chief of Staff Myers and also 
from Secretary of Defense Donald Rumsfeld about some of the issues that 
happened in Iraq that did not necessarily make it to the top of the 
chain of command, but they were committed to making sure that we 
correct those inequities within the DoD chain of command.
  What this amendment does that I am offering today is making sure that 
the critical information from the theater moves up to the Pentagon when 
that information warrants.
  It requires the Secretary to make sure that he identifies what kind 
of information he needs to know to determine the information that is 
critical to the strategic plan in theater, giving instructions to 
personnel on how to identify that information when they see it, and 
allow it to make it to the Secretary for them to determine how to deal 
with it in a timely manner.
  The Secretary will also deem what is important information and what 
is not important information. This is basically giving some level of 
direction and a great deal of discretion to the Secretary, but making 
sure that this information can get to the Secretary's desk as soon as 
possible.
  Mr. Chairman, I yield 1 minute to the gentleman from Missouri (Mr. 
Skelton).
  Mr. SKELTON. Mr. Chairman, let me take a moment. I rise in support of 
this amendment offered by my good friend from Florida.
  When the Secretary of Defense appeared before the House Committee on 
Armed Services testifying about the prison abuses, he stated he could 
not possibly monitor each of the thousands of ongoing cases which might 
be important enough to warrant his needed attention. He does not need 
to do that. He needs to monitor only those ones that have potential 
strategic impact; and during that hearing and in subsequent discussions 
and investigations, it has become apparent that he has no mechanism to 
lift those sorts of matters to his attention expeditiously.
  The gentleman from Florida's (Mr. Meek) amendment does just that, and 
I support it.
  Mr. MEEK of Florida. Mr. Chairman, I yield such time as he may 
consume to the gentleman from California (Mr. Hunter).
  Mr. HUNTER. Mr. Chairman, I want to say I do not think we need to 
take time on this side except to just say I think we have got a good 
work product here, and I think this reflects some pretty good 
bipartisan work in what are fairly useful sessions where we have 
briefings by SEC DEF and the other relevant leadership in DoD.
  He brought up the fact, and we talked about the fact, that in the Abu 
Ghraib prison situation you had General Sanchez starting an 
investigation immediately after the soldier came forward, and the 
investigation proceeded apace; and under the UCMJ, the prosecutions 
proceeded apace; but nobody flagged this as something of particularly 
extraordinary or explosive impact. So we did not have a system that 
flagged something.
  In this age of television and instant communications, these pictures 
were out in the press before SEC DEF knew about it or we knew about it 
or other people knew about it.
  So I think this is a good result of the gentleman understanding that, 
talking it back and forth with DoD. The gentleman from Missouri (Mr. 
Skelton) worked on it, and we looked at it and worked on it; and I 
think the gentleman has a good work product here. It is a way in which 
they can do essentially what I understand the Air Force has right now, 
which is when you have something that could have enormous impact, it is 
flagged up the line so the Secretary and the other leadership can act 
on it.
  I think the gentleman has done a good job, and I appreciate his 
thoughtfulness and his hard work on the committee; and I think this is 
a good amendment.
  Mr. MEEK of Florida. Mr. Chairman, I yield myself such time as I may 
consume.
  I just want to say, Mr. Chairman, that I appreciate the insight, also 
the insight from the gentleman's staff and the Democratic staff here. 
This is working towards definitely troop protection in theater and 
making sure that at the highest levels of the Pentagon that there are 
some criteria of what is critical to strategic planning and troops in 
theater.
  So I want to thank the Chairman for his help.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore. Does any Member claim time in opposition to 
the amendment?
  The question is on the amendment offered by the gentleman from 
Florida (Mr. Meek).
  The amendment was agreed to.
  The CHAIRMAN pro tempore. It is now in order to consider amendment 
No. 6 printed in House Report 108-499.


           Amendment No. 6 Offered by Mr. Hastings of Florida

  Mr. HASTINGS of Florida. Mr. Chairman, I offer an amendment.
  The Chairman pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 6 offered by Mr. Hastings of Florida:
       At the end of subtitle A of title XII (page 424, after line 
     12), insert the following new section:

     SEC.   . SENSE OF CONGRESS REGARDING LIMITATION ON USE OF 
                   FUNDS FOR THE RECONSTRUCTION OF IRAQ.

       It is the sense of Congress that--
       No funds available to any department or agency of the 
     United States Government may be used to provide assistance 
     for the reconstruction of Iraq unless the President certifies 
     to Congress that the United States Government has entered 
     into an agreement with the Iraqi Governing Council or a 
     transitional government in Iraq under which Iraq agrees that 
     it will expend a significant portion of its revenues 
     generated from oil production for reconstruction activities 
     in Iraq.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 648, the 
gentleman from Florida (Mr. Hastings) and a Member opposed each will 
control 10 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Hastings).
  Mr. HASTINGS of Florida. Mr. Chairman, I yield myself such time as I 
may consume.
  I thank the gentleman from California (Mr. Dreier), the chairman of 
the Committee on Rules, for working with me to make this amendment in 
order; and I commend the gentleman from California (Mr. Hunter), the 
chairman of the Committee on Armed Services; and the gentleman from 
Missouri (Mr. Skelton), the distinguished ranking member, my very good 
friend, for the work that they have done on this entire bill.
  Mr. Chairman, we can all agree wholeheartedly that supporting our 
soldiers and providing them what they need to get the job done is our 
highest priority. However, there are some other important matters that 
must also be addressed regarding the National Defense Authorization 
Act, issues that the American people want to hear about.
  From the President on down to many of us, we have the view that Iraq 
could fund its own reconstruction. Prior to the war, the Secretary of 
Defense and his deputy testified to Congress that a war in Iraq and 
subsequent reconstruction costs could be financed by oil profits in 
Iraq.

[[Page H3374]]

  This was reconfirmed on March 27 when Deputy Secretary of Defense Mr. 
Wolfowitz suggested that Iraqi oil revenues could pay for the cost of 
reconstituting Iraq. To date, Congress has already appropriated $148 
billion to fund the war and reconstruction efforts, and the President 
is requesting an additional $25 billion for fiscal year 2005.
  Moreover, Deputy Secretary Wolfowitz has suggested that between 50 
and $60 billion is actually needed, and I, for one, agree with that; 
but this funding has yet to be supplemented by Iraqi oil revenue.
  My amendment expresses the sense of Congress that no funds available 
for Iraqi reconstruction purposes may be used unless the President 
certifies to Congress that the United States Government has entered 
into an agreement with Iraq that it will expend a significant portion 
of its revenues generated from oil production on its own 
reconstruction.
  This amendment is not intended to use Iraqi oil money to finance the 
broader U.S. military campaign. Instead, it states that the United 
States ought to share the cost of Iraqi reconstruction with the free 
government of Iraq for the benefit of the Iraqi people.
  The United States has a responsibility to finish what we are involved 
in in Iraq. Iraq is an integral and critical ingredient in our recipe 
for success in the entire region. Nevertheless, the American people 
should not be expected to bear the full burden of these costs. American 
tax dollars are building roads in Mosul, but not in my hometown of 
Miramar.
  We are building schools in Baghdad, but not in Boston; and we are 
funding hospitals in Basra, but not Baltimore. I find this troubling, 
especially in light of Iraq's vast natural resources and some of the 
comments that have been made regarding the funding reconstruction 
efforts with Iraqi oil revenue.
  The fact is that if that is unhealthy for Iraq, it should not be 
healthy for the United States. After all, we are not the ones sitting 
on a $7 trillion oil reserve. At the very least, Iraqis should share 
this economic burden. To finance this huge effort, we need partners; 
and Iraq should be our first and foremost partner in the rebuilding of 
their country. We cannot afford these efforts any other way, and I ask 
for my colleagues' support for my amendment.
  Mr. SKELTON. Mr. Chairman, will the gentleman yield?
  Mr. HASTINGS of Florida. I yield to the gentleman from Missouri.
  Mr. SKELTON. Mr. Chairman, I think this is a good amendment, and I 
join the gentleman; and I urge its adoption.
  We support the Iraqis. Everyone in America knows that, and we are 
supporting them with nearly 140,000 troops, $87 billion-plus in 
reconstruction funds, and I think the Americans expect this oil-rich 
country to help pay for reconstruction. This is not unreasonable to 
expect that they start investing in their own future as well.
  As their oil sector recovers, they should be reinvesting those 
revenues in their own future. I think all across our country people 
will say why not, what is wrong with the Iraqis paying for their very 
own reconstruction and helping us in the process.
  So I congratulate the gentleman, and I urge the adoption of this.
  Mr. HASTINGS of Florida. Mr. Chairman, I thank the ranking member for 
his comments.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from California (Mr. Hunter), the chairman.
  Mr. HUNTER. Mr. Chairman, I thank the gentleman for the time, and let 
me just add to the remarks made by my colleague, the gentleman from 
Missouri (Mr. Skelton). I think it is absolutely appropriate that Iraqi 
resources be used to rebuild Iraq, and we have no objection to this 
amendment.
  Mr. HASTINGS of Florida. Mr. Chairman, I am pleased to yield back the 
balance of my time.
  The CHAIRMAN pro tempore. Who seeks time in opposition?
  The question is on the amendment offered by the gentleman from 
Florida (Mr. Hastings).
  The amendment was agreed to.
  The CHAIRMAN pro tempore. It is now in order to consider amendment 
No. 14 printed in House Report 108-499.


                Amendment No. 14 Offered by Mr. Skelton

  Mr. SKELTON. Mr. Chairman, as the designee of the gentlewoman from 
New York (Ms. Slaughter), I offer an amendment.
  The Chairman pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 14 offered by Mr. Skelton:
       At the end of title V (page 200, after line 24), insert the 
     following new section:

     SEC. 598. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON 
                   PREVENTION AND RESPONSE TO SEXUAL ASSAULTS 
                   INVOLVING MEMBERS OF THE ARMED FORCES.

       (a) Comprehensive Policy on Prevention and Response to 
     Sexual Assaults.--(1) Not later than January 1, 2005, the 
     Secretary of Defense shall develop a comprehensive policy for 
     the Department of Defense on the prevention of and response 
     to sexual assaults involving members of the Armed Forces.
       (2) The policy shall be based on the recommendations of the 
     Department of Defense Task Force on Care for Victims of 
     Sexual Assaults and on such other matters as the Secretary 
     considers appropriate.
       (b) Elements of Comprehensive Policy.--The policy developed 
     under subsection (a) shall address the following matters:
       (1) Prevention measures.
       (2) Education and training on prevention and response.
       (3) Investigation of complaints by command and law 
     enforcement personnel.
       (4) Medical treatment of victims.
       (5) Confidential reporting of incidents.
       (6) Victim advocacy and intervention.
       (7) Oversight by commanders of administrative and 
     disciplinary actions in response to substantiated incidents 
     of sexual assault.
       (8) Disposition of victims of sexual assault, including 
     review by appropriate authority of administrative separation 
     actions involving victims of sexual assault.
       (9) Disposition of members of the Armed Forces accused of 
     sexual assault.
       (10) Liaison and collaboration with civilian agencies on 
     the provision of services to victims of sexual assault.
       (11) Uniform collection of data on the incidence of sexual 
     assaults and on disciplinary actions taken in substantiated 
     cases of sexual assault.
       (c) Report on Improvement of Capability To Respond to 
     Sexual Assaults.--Not later than March 1, 2005, the Secretary 
     of Defense shall submit to Congress a proposal for such 
     legislation as the Secretary considers necessary to enhance 
     the capability of the Department of Defense to address 
     matters relating to sexual assaults involving members of the 
     Armed Forces.
       (d) Application of Comprehensive Policy To Military 
     Departments.--The Secretary shall ensure that, to the maximum 
     extent practicable, the policy developed under subsection (a) 
     is implemented uniformly by the military departments.
       (e) Policies and Procedures of Military Departments.--(1) 
     Not later than March 1, 2005, the Secretaries of the military 
     departments shall prescribe regulations, or modify current 
     regulations, on the policies and procedures of the military 
     departments on the prevention of and response to sexual 
     assaults involving members of the Armed Forces in order--
       (A) to conform such policies and procedures to the policy 
     developed under subsection (a); and
       (B) to ensure that such policies and procedures include the 
     elements specified in paragraph (2).
       (2) The elements specified in this paragraph are as 
     follows:
       (A) A program to promote awareness of the incidence of 
     sexual assaults involving members of the Armed Forces.
       (B) A program to provide victim advocacy and intervention 
     for members of the Armed Force concerned who are victims of 
     sexual assault, which program shall make available, at home 
     stations and in deployed locations, trained advocates who are 
     readily available to intervene on behalf of such victims.
       (C) Procedures for members of the Armed Force concerned to 
     follow in the case of an incident of sexual assault involving 
     a member of such Armed Force, including--
       (i) specification of the person or persons to whom the 
     alleged offense should be reported;
       (ii) specification of any other person whom the victim 
     should contact;
       (iii) procedures for the preservation of evidence; and
       (iv) procedures for confidential reporting and for 
     contacting victim advocates.
       (D) Procedures for disciplinary action in cases of sexual 
     assault by members of the Armed Force concerned.
       (E) Other sanctions authorized to be imposed in 
     substantiated cases of sexual assault, whether forcible or 
     nonforcible, by members of the Armed Force concerned.
       (F) Training on the policies and procedures for all members 
     of the Armed Force concerned, including specific training for 
     members of the Armed Force concerned who process allegations 
     of sexual assault against members of such Armed Force.
       (G) Any other matters that the Secretary of Defense 
     considers appropriate.
       (f) Annual Assessment of Policies and Procedures.--Not 
     later than January 15, 2006, and each year thereafter, each 
     Secretary of a military department shall conduct an 
     assessment of the implementation during the preceding fiscal 
     year of the policies and procedures of such department on the 
     prevention of and response to sexual assaults involving 
     members of the Armed

[[Page H3375]]

     Forces in order to determine the effectiveness of such 
     policies and procedures during such fiscal year in providing 
     an appropriate response to such sexual assaults.
       (g) Annual Reports.--(1) Not later than April 1, 2005, and 
     January 15 of each year thereafter, each Secretary of a 
     military department shall submit to the Secretary of Defense 
     a report on the sexual assaults involving members of the 
     Armed Force concerned during the preceding year.
       (2) Each report on an Armed Force under paragraph (1) shall 
     contain the following:
       (A) The number of sexual assaults against members of the 
     Armed Force, and the number of sexual assaults by members of 
     the Armed Force, that were reported to military officials 
     during the year covered by such report, and the number of the 
     cases so reported cases that were substantiated.
       (B) A synopsis of and the disciplinary action taken in each 
     substantiated case.
       (C) The policies, procedures, and processes implemented by 
     the Secretary concerned during the year covered by such 
     report in response to incidents of sexual assault involving 
     members of the Armed Force concerned.
       (D) A plan for the actions that are to be taken in the year 
     following the year covered by such report on the prevention 
     of and response to sexual assault involving members of the 
     Armed Forces concerned.
       (3) Each report under paragraph (1) in 2006, 2007, and 2008 
     shall also include the assessment conducted by the Secretary 
     concerned under subsection (f).
       (4) The Secretary of Defense shall transmit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives each report submitted to the Secretary under 
     this subsection, together with the comments of the Secretary 
     on each such report. The Secretary shall transmit the report 
     on 2004 not later than May 1, 2005, and shall transmit the 
     report on any year after 2004 not later than March 15 of the 
     year following such year.
       (h) Requirement To Develop Definition of Sexual Assault.--
     Prior to developing policies and programs on the prevention 
     of and response to sexual assaults, the Department of 
     Defense, in consultation with the Service Secretaries, shall 
     develop a definition of sexual assault that is uniform for 
     all the Armed Forces, including but not limited to rape, 
     acquaintance rape, sexual assault, and other criminal 
     offenses.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 648, the 
gentleman from Missouri (Mr. Skelton) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Missouri (Mr. Skelton).
  Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
  I urge the adoption of this amendment.
  Mr. Chairman, I reserve the balance of my time at this moment.
  The CHAIRMAN pro tempore. Who seeks time in opposition to the 
amendment?
  Mrs. CAPITO. Mr. Chairman, I ask unanimous consent to claim the time 
in opposition, but I am not in opposition.
  The CHAIRMAN pro tempore. Without objection, the gentlewoman from 
West Virginia (Mrs. Capito) is recognized for 5 minutes.
  There was no objection.

                              {time}  2115

  Mrs. CAPITO. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, Americans are concerned about the welfare of the men 
and women we send to defend our country. The American people understand 
that war is violent. What the American people will not tolerate is the 
assault or rape of a female soldier by a fellow soldier. Simply put, 
this is unacceptable.
  Recent reports of sexual assaults of female soldiers serving abroad, 
along with numerous cases of assaults in or around military bases, 
clearly demonstrate the need for the Department of Defense to change 
their approach to this problem.
  Women are serving in the military, and we are mighty proud of them. 
Along with my colleagues today, the gentlewoman from New York (Ms. 
Slaughter), the gentlewoman from California (Ms. Solis) and the 
gentlewoman from Florida (Ms. Ginny Brown-Waite), we offer this 
amendment to help the military work through this problem, understand 
its causes, and put in place measures that will prevent it from 
happening.
  The amendment calls for the Secretary of Defense to increase training 
for officers so they are better equipped to deal with sexual assaults. 
The amendment calls for a clear and precise protocol that protects 
privacy and ensures safety and which women can follow to report an 
attack. The amendment ensures access to the appropriate medical 
treatment and counseling for women at all times during their service, 
no matter where they are in the world. This policy is to be put in 
place by January 1, 2005.
  Members of both the House and Senate, including my colleagues on the 
Congressional Caucus for Women's Issues, have examined this issue, 
along with the Department of Defense's Task Force on Care For Victims 
of Sexual Assault. We agree that the action called for in this 
amendment is beyond necessary to deal with the multiple incidents of 
sexual assaults in the military.
  These steps, which are being mirrored in the Senate's version of the 
legislation, will help the Armed Forces prevent attacks from happening, 
as well as put proper procedures in place that bring aid and comfort to 
those who have survived attacks.
  I am hopeful the action by this Congress will help bring a change in 
the attitude in the U.S. military. It needs to be made perfectly clear 
that it is unacceptable to sexually assault a female soldier; and if 
you choose to make that mistake, you will be held accountable for your 
actions, no matter who you are, what your rank is, or what condition 
you serve under. I am in full and hardy support of this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I ask unanimous consent to yield the 
balance of my time to the gentlewoman from New York (Ms. Slaughter), 
the principal author of this amendment, and that she be allowed to 
control that time.
  The CHAIRMAN pro tempore (Mr. Simpson). Is there objection to the 
request of the gentleman from Missouri?
  There was no objection.
  Ms. SLAUGHTER. Mr. Chairman, I yield myself such time as I may 
consume, and I thank the gentleman from Missouri very much for his 
leadership.
  Mr. Chairman, I rise in support of an amendment to the fiscal year 
2005 DOD authorization bill which I am offering with the leadership of 
the Congressional Caucus for Women's Issues and my good friend, the 
gentlewoman from West Virginia (Mrs. Capito).
  This bipartisan amendment will help us take a first step in 
addressing the problems of sexual assault within the military. Last 
Thursday, the DOD Task Force on Care For Victims of Sexual Assault 
released its report and recommendations concerning the problem based on 
a 90-day study. The Slaughter/Capito/Solis/Brown-Waite amendment is 
based on the report findings and will help to implement several of the 
recommendations made by the DOD task force.
  Specifically, it would require the Secretary of Defense to develop a 
comprehensive policy for DOD on the prevention of and response to 
sexual assaults involving members of the Armed Forces. This 
comprehensive policy would be based on the recommendations of the task 
force. In addition, the amendment would require the DOD to take related 
measures to address sexual assaults in the military, such as reporting 
the improvement of DOD's capability to respond to sexual assaults, 
applying the comprehensive policy to all military departments instead 
of each branch having its own, modifying the policies and procedures of 
the military departments, annually assessing the policies and 
procedures, and issuing reports to the Senate and the House Committee 
on Armed Services.
  On March 31 of this year, the Congressional Caucus for Women's Issues 
held a forum on sexual assaults in the military and submitted its 
report from the caucus to the Secretary. The Congressional Caucus for 
Women's Issues has committed to continuing to take a leadership role in 
addressing this issue.
  Mr. Chairman, 120 women have already come back from Iraq saying they 
have been sexually assaulted by their fellow soldiers. Only 20 of them 
reported it in the military because of the fact it would end their 
career. We want to change this attitude and this culture.
  Now, a similar version of this amendment has already been included in 
the Senate version of the fiscal year 2005 DOD authorization bill and 
has good bipartisan support in the Senate. It has been developed in 
consultation with the Pentagon and is intended to help the Pentagon 
start implementing the concrete proactive measures that are outlined in 
the task force's report.
  We want to help, because the Pentagon, in previous reports, has 
stated

[[Page H3376]]

over and over again the problem; but very few solutions have come from 
it. It is by no means intended to be a quick fix to the problem of 
sexual assault, but, instead, is intended to be a positive first step 
towards remedying this terrible problem.
  Along with my colleagues on the Congressional Caucus for Women's 
Issues, I also plan to introduce a comprehensive legislation package to 
deal with other aspects of this issue based on the findings from the 
Congressional Caucus for Women's Issues hearing, additional research 
and information that we have been gathering, as well as the task force 
report.
  We look forward to continuing to work together in a productive manner 
to eliminate sexual assaults of our United States servicewomen. Again, 
it is a first step, and I encourage my colleagues to approve this 
amendment to the fiscal year 2005 DOD authorization bill.
  Mr. Chairman, I reserve the balance of my time.
  Mrs. CAPITO. Mr. Chairman, I yield myself 1 minute. Mr. Chairman, I 
want to take this time to thank the members of the Congressional Caucus 
for Women's Issues, and my co-chairwoman, the gentlewoman from New York 
(Ms. Slaughter). Her work on this issue has been very valuable, and she 
has been very aggressive; and I think the result of our hearings are 
bearing fruit here in this amendment.
  I would also like to thank the chairman of the committee and the 
ranking member for their letting us offer this amendment and also, 
hopefully, making it a part of the bill.
  Mr. Chairman, I yield back the balance of my time.
  Ms. SLAUGHTER. Mr. Chairman, I yield 2 minutes to the gentlewoman 
from California (Ms. Solis), the vice chair of the Congressional Caucus 
for Women's Issues on the Democratic side.
  Ms. SOLIS. Mr. Chairman, today I rise in support of the amendment as 
vice chair of the Congressional Caucus for Women's Issues. As we all 
know, our dedicated military servicemen and -women dedicate and risk 
their lives in order to protect our great Nation. We stand united on 
both sides of the aisle today as the Congressional Caucus for Women's 
Issues to bring awareness to an alarming trend of sexual assaults 
against women in all branches of the military.
  The Pentagon itself has reported more than 100 cases of sexual 
assaults amongst troops deployed in Iraq and Afghanistan over the past 
14 months. These numbers are not necessarily reflective of the actual 
situation, because women are discouraged from seeking help or reporting 
their assaults because of our military system, which has no 
comprehensive policy to address sexual assaults.
  We are in the midst of a growing problem of violence against women 
that will not be tolerated. In March, the Congressional Caucus for 
Women's Issues held a hearing on sexual assaults in the military, where 
we heard directly from a courageous survivor, Captain Machmer. Her 
message was very powerful and clear: the military has a pervasive 
culture that needs to be aggressively addressed. She said, and I quote, 
``My assailant received a reduction in rank to specialist, forfeited 
$826 for 2 months, and had extra duty for 30 days. And, still, this 
person works on the base I worked on.''
  In fact, studies estimate that 75 to 84 percent of alleged offenders 
are honorably discharged. What type of message are we sending to women 
serving in our country, and, more importantly, the next generation of 
women interested in joining the Armed Forces?
  Last week, the DOD Task Force on Care For Victims of Sexual Assault 
released a report with recommendations. In line with these 
recommendations, this amendment that we are presenting here tonight 
would require the Secretary of Defense to develop a comprehensive 
policy to prevent and respond to sexual assaults in the Armed Forces.
  This amendment would also require the Secretary to take steps to 
improve the Defense Department's capacity to respond to sexual assaults 
and restructure procedures on how assaults against women are to be 
handled.
  What we need is a commitment to taking action. At this time, when our 
troops are valiantly committed to our country, I urge my colleagues on 
both sides of the aisle to support this bipartisan effort.
  The CHAIRMAN pro tempore. All time for debate on the amendment has 
expired.
  The question is on the amendment offered by the gentleman from 
Missouri (Mr. Skelton).
  The question was taken; and the Chairman pro tempore announced that 
the ayes appeared to have it.
  Ms. SLAUGHTER. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Missouri 
(Mr. Skelton) will be postponed.
  Mr. HUNTER. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Feeney) having assumed the chair, Mr. Simpson, Chairman pro tempore of 
the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (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, and for other purposes, had 
come to no resolution thereon.

                          ____________________