[Congressional Record Volume 150, Number 127 (Friday, October 8, 2004)]
[House]
[Pages H8986-H8988]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    WAIVING REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO 
                  CONSIDERATION OF CERTAIN RESOLUTIONS

  Mrs. MYRICK. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 831 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 831

       Resolved, That the requirement of clause 6(a) of rule XIII 
     for a two-thirds vote to consider a report from the Committee 
     on Rules on the same day it is presented to the House is 
     waived with respect to any resolution reported on the 
     legislative day of October 8, 2004, providing for 
     consideration or disposition of a conference report to 
     accompany the bill (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, and for other purposes.

  The SPEAKER pro tempore. The gentlewoman from North Carolina (Mrs. 
Myrick) is recognized for 1 hour.
  Mrs. MYRICK. Mr. Speaker, for the purpose of debate only, I yield the 
customary 30 minutes to the gentleman from Texas (Mr. Frost), pending 
which I yield myself such time as I may consume. During consideration 
of this resolution, all time yielded is for the purpose of debate only.
  Mr. Speaker, last night the Committee on Rules met and passed this 
resolution waiving clause 6(a) of rule XIII requiring a two-thirds vote 
to consider a rule on the same day it is reported from the Committee on 
Rules against certain resolutions reported from the Committee on Rules.
  The waiver authorized by this resolution applies to any special rule 
reported on the legislative day of Friday, October 8, 2004, providing 
for the consideration or disposition of a conference report to 
accompany the bill H.R. 4200, the Defense authorization conference 
report for fiscal year 2005. I would advise my colleagues that adoption 
of this resolution is made necessary because the work of the conferees 
on the Defense authorization conference report has taken longer than 
anticipated.
  I believe it is imperative that the House considers the proposed 
conference report on Defense authorization as soon as possible. The 
last thing we would ever want would be for the necessary armor and 
weaponry needed by our Armed Forces to be held up or delayed in any 
way.
  My friend from Texas has always been a strong supporter of our 
military. I trust he, too, would prefer to rapidly approve the Defense 
authorization conference report; and to that end, I urge my colleagues 
to support this rule.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. FROST asked and was given permission to revise and extend his 
remarks.)
  Mr. FROST. Mr. Speaker, I have always been proud to support the 
Defense authorization bill in the House, and this year is no exception. 
The conference report on the Department of Defense Authorization Act 
helps ensure the safety of our fighting men and women around the world. 
It provides them with the tools they need to fight the war on terror, 
and it provides much-needed benefits that will improve the quality of 
life for them and their families.
  Mr. Speaker, I strongly support moving the conference agreement 
forward because of its importance to our national security and to our 
troops in the field.
  While I will not oppose this martial law rule which will allow the 
House to

[[Page H8987]]

consider the conference report before we adjourn for the elections, I 
must take a moment to note there are Members on this side of the aisle 
who are concerned about rushing to adopt the conference report before 
Members who were not on the conference committee have an opportunity to 
study its provisions. It has been the habit of the Republican 
leadership during this Congress to effectively deny Members the right 
to know what we are voting for or against.
  I cannot oppose this martial law rule, but I think it is long past 
time when the Republican leadership of this body stops depending on 
party loyalty to pass bills and instead moves towards ensuring that 
legislation is considered in a bipartisan manner. That is the best 
thing for the country and, in the end, best for both political parties.
  Mr. Speaker, I yield 2 minutes to the gentleman from Ohio (Mr. 
Strickland).
  Mr. STRICKLAND. Mr. Speaker, I thank the gentleman for yielding me 
time.
  Mr. Speaker, I rise to express my strong support for provisions in 
the Department of Defense conference report which reform the Energy 
Employees Occupation Illness Compensation Program Act of 2000.
  First, I would like to thank my friend, the gentleman from Missouri 
(Mr. Skelton), the ranking member of the committee, for his leadership. 
I also would like to say a special thanks to Hugh Brady of the 
Committee on Armed Services staff, Cindy Blackston of the Committee on 
the Judiciary staff, and Peter Rutledge of the Committee on Education 
and the Workforce staff.
  In addition, I would like to commend the hard work of the gentleman 
from Kentucky (Mr. Whitfield), along with a bipartisan group of 
Senators, including Senators Bunning, Bingaman, Kennedy, Voinovich, 
DeWine, Clinton, Cantwell and others.
  Despite opposition from the administration, Members in both Chambers 
rolled up their sleeves and on a bipartisan basis did the hard work and 
included an amendment in this conference report which makes significant 
and greatly needed reforms to the Energy Employees Occupation Illness 
Compensation Program.

                              {time}  1700

  Now, in the year 2000, we passed landmark legislation establishing a 
program to compensate our nuclear workers made sick while toiling in 
the Nation's atomic weapons factories. For the first time, the Federal 
Government acknowledged that it placed its cold war veterans in harm's 
way.
  Unfortunately, the Department of Energy has fallen down on the job to 
run its part of the compensation program. With more than $90 million 
appropriated to DOE for administering the compensation program, a mere 
31 claims of over 25,000 have been paid in the last 4 years. That track 
record is not acceptable.
  The Department of Labor, on the other hand, has successfully 
processed 95 percent of its more than 55,000 claims.
  The amendment included in today's Defense conference report will 
shift DOE's responsibilities to the Department of Labor, provide for a 
Federal willing payer, establish guaranteed funding for payment of 
claims, and create a Federal benefit structure for all of those workers 
injured and made ill due to the exposure to hazardous materials and 
toxic substances while working in our nuclear arsenal. We promised to 
compensate these injured veterans, and now we are fulfilling that 
promise.
  Although I wish we could have passed such an amendment years ago, I 
am very pleased that today we are doing the right thing and we are 
honoring a national commitment to assist these veterans of the cold 
war.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
California (Ms. Woolsey).
  Ms. WOOLSEY. Mr. Speaker, I rise in opposition to this rule and to 
speak on the Defense Authorization Conference Report because, Mr. 
Speaker, when it comes to nuclear weapons, President Bush and the House 
Republican leadership just do not get it. Instead of investing in 
programs that will truly secure America, like nonproliferation 
initiatives and vigorous inspection regimes whenever possible, these 
Republicans spend America's money on more and bigger weapons.
  This Defense Authorization bill authorizes billions of dollars for 
nuclear weapons research and testing, and there has to be a better way 
of doing things. We have to do it differently.
  Investing in new nuclear weapons does not prevent America from being 
attacked. In fact, it encourages nuclear proliferation, because such 
investments incite our enemies and encourage other nations like Iran to 
develop nuclear weapons of their very own.
  Instead of engaging in a nuclear arms race for the 21st century, the 
United States must engage in a smart security strategy for the 21st 
century. Being smart about national security requires the United States 
to set an example for young democracies, and we can set that example by 
renouncing the first use of nuclear weapons and the development of new 
nuclear weapons. We can also set that example by engaging in aggressive 
diplomacy, a commitment to nuclear nonproliferation, strong regional 
security arrangements, and inspection regimes.
  If we truly want to keep our country safe for years to come, then we 
must promote and pursue a smart security strategy for America's future.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from 
Colorado (Mr. Udall).
  (Mr. UDALL of Colorado asked and was given permission to revise and 
extend his remarks.)
  Mr. UDALL of Colorado. Mr. Speaker, I thank the gentleman for 
yielding me this time.
  Mr. Speaker, it would be better if we did not have to be considering 
this special rule, but I will support it because I support the 
conference report and hope it can be passed as soon as possible. There 
are things in the conference report that I do not like, and there are 
some things I hoped that would be included that have been left out, but 
my concerns are outweighed by my strong approval of several provisions 
that are included.
  One is the renewal of the Energy Savings Performance Contracts 
program. This is the best tool we have to encourage energy efficiency 
in the Federal Government, but its authorization ended a year ago; and 
since then, it has been in limbo. So this is a very important 
provision.
  The conference report also makes many improvements in the 
compensation program for people injured while working in the nuclear 
weapons program. My colleague, the gentleman from Ohio (Mr. 
Strickland), was just discussing these important provisions. It is also 
important for Colorado because we are the home of the Rocky Flats 
Nuclear Waste complex, a former nuclear weapons site. And with the rest 
of our delegation, I have been pressing to make sure that the people 
who work there are properly treated. That is the purpose of this 
compensation program. Right now, the program has serious problems; but 
this conference report, as I have suggested, goes a long way towards 
solving them.
  The report consolidates the responsibility for handling claims in the 
Labor Department, which can help untangle red tape for thousands of 
claims; and it provides that the Federal Government, not the States, 
will pay claims and provide medical benefits, something that is vital 
because otherwise many people will not be paid, even though they have 
valid claims. Further, it makes sure that people will be paid by making 
payments an entitlement. These are all great steps forward and long 
overdue.
  Mr. Speaker, I congratulate the gentleman from California (Chairman 
Hunter) and the gentleman from Missouri (Ranking Member Skelton) and 
all of the other conferees, as well as the Committee on Armed Services 
staff and the staff of the other committees involved. Their task was 
not easy because the administration has not been particularly helpful, 
but we can all be proud of this outcome. They deserve our thanks, Mr. 
Speaker, and the conference report deserves our approval.
  Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentlewoman from New 
York (Mrs. Maloney).
  Mrs. MALONEY. Mr. Speaker, I thank the gentleman for yielding me this 
time, and I congratulate him on his fine service in this body on the 
Committee on Rules and in so many other areas.

[[Page H8988]]

  I rise in support of this rule, but also to speak in strong support 
of the National Defense Authorization Act which will be before this 
body later on tonight. I am also pleased, and I thank the chairman and 
ranking member, that an amendment that I offered to the House version 
of this bill has been included in the conference report.
  My amendment directs the Secretary of Defense to eliminate the 
backlog in rape and sexual assault evidence collection kits, reduce the 
processing time of those kits, and provide an adequate supply of the 
kits at all domestic and overseas U.S. military installations and 
military academies. The provisions in this legislation also direct the 
Secretary to ensure that personnel are trained in the use of these 
kits.
  This marks the second time this week that the House has passed 
legislation recognizing the importance of DNA evidence. It is better 
than a fingerprint. DNA never forgets and can never be intimidated.
  I am glad to see that the military will be addressing this issue, and 
I hope that civilian victims and survivors of rape will soon get 
similar justice with the passage of the comprehensive DNA legislation 
that has been bottled up in the other body.
  I would like particularly to thank the gentleman from California 
(Chairman Hunter) and the gentleman from Missouri (Ranking Member 
Skelton) for their leadership, and I urge my colleagues to support the 
underlying bill.
  I will say that my DNA collection bill grew out of the scandal, 
really, in the military of rapes at military academies and in Iraq and 
Afghanistan. The bipartisan Women's Conference and Caucus here in 
Congress held hearings, meetings, and issued a report. As one of the 
victims said, the best thing you can do is just convict the rapist. DNA 
evidence will help us to protect the innocent and protect women from 
rape in the future and place rapists behind bars.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Simpson). The Chair would remind Members 
to refrain from improper references to the Senate.
  Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentleman from 
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentleman's courtesy in 
permitting me to speak on this rule and the underlying bill. I think 
there is much that is desirable to be found in it. Certainly it is 
important to meet the needs of our Armed Forces in this difficult time, 
especially in Iraq.
  However, the bill continues to spend too much money on the wrong 
things. One of the most graphic examples is an 11 percent increase for 
missile defense, over $10 billion, that is critically needed now in 
areas of homeland security and defense activities.
  There are also important elements for protecting our communities that 
are underserved in this legislation. With almost $446 billion, we ought 
to be able to have the Department of Defense clean up after itself. 
What this bill does not address is literally a ticking time bomb.
  I have come to the floor in the past talking about the millions of 
acres around the country that are contaminated with military 
contamination, unexploded ordnance, or UXO, the military waste and 
unexploded bombs left over from former military sites. The estimates 
range from 10 million to 40 million contaminated acres. I noted a 
moment ago my colleague, the gentleman from Colorado, was here. They 
are having subdivisions creeping out to the Lowry Air Force Base, a 
former bombing range, where soon people will be living near areas where 
we fear there are unexploded ordnance. I note the gentleman from Texas 
is here. He is near an area in Arlington where there were people out 
Rototilling their backyards in a new subdivision literally turning up 
an unexploded bomb.
  The Department of Defense estimates that identifying, assessing, and 
cleaning up contamination from military munitions will cost in the area 
of $8 billion to $35 billion, but most experts say it is going to cost 
far more. But we are spending at a rate of only $106 million annually. 
According to GAO, it will take 75 to 330 years to clean up these 
unexploded ordnance on already closed sites, and it does not include 
all the new contamination that we are creating.
  Leaving this toxic legacy does no favor to the Department of Defense. 
In the long run it is going to cost more to clean it up, because clean 
it up we must. It is going to threaten the environment, and we have 
seen situations like the Massachusetts military reservation that is 
creating serious ground water pollution; it endangers our military and 
their families.
  I sincerely hope this is the last such piece of legislation that does 
not appropriately address the problem of unexploded ordnance and 
military contamination.
  Mr. FROST. Mr. Speaker, I do not have any additional requests for 
time. I urge adoption of the rule, and I yield back the balance of my 
time.
  Mrs. MYRICK. Mr. Speaker, I yield back the balance of my time, and I 
move the previous question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

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