[Congressional Record (Bound Edition), Volume 150 (2004), Part 10]
[Senate]
[Pages 13448-13452]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3464. Mr. BROWNBACK proposed an amendment to amendment SA 3235 
proposed by Mr. Brownback to the bill S. 2400, 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 Services, and for other 
purposes; as follows:

       Strike page 1 line 2 through page 3 line 3 and insert the 
     following:

     SEC.__. BROADCAST DECENCY ENFORCEMENT ACT OF 2004.

       (a) Short Title.--This section may be cited as the 
     ``Broadcast Decency Enforcement Act of 2004''.
       (b) Increase in Penalties for Obscene, Indecent, and 
     Profane Broadcasts.--Section 503(b)(2) of the Communications 
     Act of 1934 (47 U.S.C. 503(b)(2)) is amended--
       (1) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively;
       (2) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) Notwithstanding subparagraph (A), if the violator 
     is--
       ``(i)(I) a broadcast station licensee or permittee; or
       ``(II) an applicant for any broadcast license, permit, 
     certificate, or other instrument or authorization issued by 
     the Commission; and
       ``(ii) determined by the Commission under paragraph (1) to 
     have broadcast obscene, indecent, or profane language, the 
     amount of any forfeiture penalty determined under this 
     subsection shall not exceed $275,000 for each violation or 
     each day of a continuing violation, except that the amount 
     assessed for any continuing violation shall not exceed a 
     total of $3,000,000 for any single act or failure to act.''; 
     and
       (3) in subparagraph (D), as redesignated by paragraph (1), 
     by striking ``subparagraph (A) or (B)'' and inserting 
     ``subparagraph (A), (B), or (C)''.
       (c) Effective Date.--This section shall take effect 2 days 
     after the date of enactment of this section.
                                 ______
                                 
  SA 3465. Mr. REID (for Mr. Dorgan (for himself, Ms. Snowe, and Ms. 
Cantwell)) proposed an amendment to amendment SA 3235 proposed by Mr. 
Brownback to the bill S. 2400, 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 Services, and for other purposes; as follows;

       In the amendment, strike all beginning on page 1, line 2, 
     through page 3, line three, and insert the following:

     SEC.   . BROADCAST DECENCY ENFORCEMENT ACT OF 2004.

       (a) Short Title.--This section may be cited as the 
     ``Broadcast Decency Enforcement Act of 2004''.
       (b) Purpose.--The purpose of this section is to increase 
     the FCC's authority to fine for indecent broadcasts and 
     prevent further relaxation of the media ownership rules in 
     order to stem the rise of indecent programming.
       (c) Findings.--The Congress makes the following findings:
       (1) Since 1996 there has been significant consolidation in 
     the media industry, including:
       (A) Radio.--Clear Channel Communications went from owning 
     43 radio stations prior to 1996 to over 1200 as of January 
     2003; Cumulus Broadcasting, Inc. was established in 1997 and 
     owned 266 stations as of December 2003, making it the second-
     largest radio ownership company in the country; and Infinity 
     Broadcasting Corporation went from owning 43 radio stations 
     prior to 1996 to over 185 stations as of June 2004;
       (B) Television.--Viacom/CBS's national ownership of 
     television stations increased from 31.53% of U.S. television 
     households prior to 1996 to 38.9% in 2004; GE/NBC's national 
     ownership of television stations increased from 24.65% prior 
     to 1996 to 33.56% in 2004; NewsCorp/FOX's national ownership 
     of television stations increased from 22.05% prior to 1996 to 
     37.7% in 2004;
       (C) Media mergers.--In 2000, Viacom merged with CBS and 
     UPN; in 2002, GE/NBC merged with Telemundo Communications, 
     Inc. and in 2004 with Vivendi Universal Entertainment; in 
     2003 News Corp./Fox acquired a controlling interest in 
     DirecTV; in 2000, Time Warner, Inc. merged with America 
     Online.
       (2) Over the same period that there has been significant 
     consolidation in the media industry the number of indecency 
     complaints also has increased dramatically. The largest 
     owners of television and radio broadcast holdings have 
     received the greatest number of indecency complaints and the 
     largest fines, including:
       (A) Over 80% of the fines proposed by the Federal 
     Communications Commission for indecent broadcasts were 
     against stations owned by two of the top three radio 
     companies. The top radio company alone accounts for over two-
     thirds of the fines proposed by the FCC;
       (B) Two of the largest fines proposed by the FCC were 
     against two of the top three radio companies;
       (C) In 2004, the FCC received over 500,000 indecency 
     complaints in response to the Superbowl Halftime show aired 
     on CBS and produced by MTV, both of which are owned by 
     Viacom. This is the largest number of complaints ever 
     received by the FCC for a single broadcast;
       (D) The number of indecency complaints increased from 111 
     in 2000 to 240,350 in 2003;
       (3) Media conglomerates do not consider or reflect local 
     community standards.
       (A) The FCC has no record of a television station owned by 
     one of the big four networks (Viacom/CBS, Disney/ABC, News 
     Corp./Fox or GE/NBC) pre-empting national programming for 
     failing to meet community standards;

[[Page 13449]]

       (B) FCC records show that non-network owned stations have 
     often rejected national network programming found to be 
     indecent and offensive to local community standards;
       (C) A letter from an owned and operated station manager to 
     a viewer stated that programming decisions are made by 
     network headquarters and not the local owned and operated 
     television station management;
       (D) The Parents Television Council has found that the 
     ``losers'' of network ownership ``are the local communities 
     whose standards of decency are being ignored;''
       (4) The Senate Commerce Committee has found that the 
     current fines do not deter indecent broadcast because they 
     are merely the cost of doing business for large media 
     companies. Therefore, in order to prevent the continued rise 
     of indecency violations, the FCC's authority for indecency 
     fines should be increased and further media consolidation 
     should be prevented.
       (d) Increase in Penalties for Obscene, Indecent, and 
     Profane Broadcasts.--section 503(b)(2) of the Communications 
     Act of 1934 (47 U.S.C. 503(b)(2)) is amended--
       (1) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively;
       (2) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) Notwithstanding subparagraph (A), if the violator 
     is--
       ``(i)(I) a broadcast station licensee or permittee; or
       ``(II) an applicant for any broadcast license, permit, 
     certificate, or other instrument or authorization issued by 
     the Commission; and
       ``(ii) determined by the Commission under paragraph (1) to 
     have broadcast obscene, indecent, or profane language, the 
     amount of any forfeiture penalty determined under this 
     subsection shall not exceed $275,000 for each violation or 
     each day of a continuing violation, except that the amount 
     assessed for any continuing violation shall not exceed a 
     total of $3,000,000 for any single act or failure to act.''; 
     and
       (3) in subparagraph (D), as redesignated by paragraph (1), 
     by striking ``subparagraph (A) or (B)'' and inserting 
     ``subparagraph (A), (B), or (C)''.
       (e) New Broadcast Media Ownership Rules Suspended. (1) 
     Suspension.--Subject to the provisions of paragrapls (d)(2), 
     the broadcast media ownrship rules adopted by the Federal 
     Communications Commission on June 2, 2003, pursuant to its 
     proceeding on broadcast media ownership rules, Report and 
     Order FCC03-127, published at 68 FR 46286, August 5, 2003, 
     shall be invalid and without legal effect.
       (2) Clarification.--The provisions of paragraph (1) shall 
     not supersede the amendments made by section 629 of the 
     Miscellaneous Appropriations and Offsets Act, 2004 (Public 
     Law 108-199).
                                 ______
                                 
  SA. 3466. Mr. REID (for Mr. Hollings) proposed an amendment to 
amendment SA 3235 proposed by Mr. Brownback to the bill S. 2400, 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 Services, and for other 
purposes; as follows:

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Children's Protection from 
     Violent Programming Act''.

     SEC. 202. FINDINGS.

       The Congress makes the following findings:
       (1) Television influences children's perception of the 
     values and behavior that are common and acceptable in 
     society.
       (2) Broadcast television, cable television, and video 
     programming are--
       (A) uniquely pervasive presences in the lives of all 
     American children; and
       (B) readily accessible to all American children.
       (3) Violent video programming influences children, as does 
     indecent programming.
       (4) There is empirical evidence that children exposed to 
     violent, video programming at a young age have a higher 
     tendency to engage in violent and aggressive behavior later 
     in life than those children not so exposed.
       (5) There is empirical evidence that children exposed to 
     violent video programming have a greater tendency to assume 
     that acts of violence are acceptable behavior and therefore 
     to imitate such behavior.
       (6) There is empirical evidence that children exposed to 
     violent video programming have an increased fear of becoming 
     a victim of violence, resulting in increased self-protective 
     behaviors and increased mistrust of others.
       (7) There is a compelling governmental interest in limiting 
     the negative influences of violent video programming on 
     children.
       (8) There is a compelling governmental interest in 
     channeling programming with violent content to periods of the 
     day when children are not likely to comprise a substantial 
     portion of the television audience.
       (9) A significant amount of violent programming that is 
     readily accessible to minors remains unrated specifically for 
     violence and therefore cannot be blocked solely on the basis 
     of its violent content.
       (10) Age-based ratings that do not include content rating 
     for violence do not allow parents to block programming based 
     solely on violent content thereby rendering ineffective any 
     technology-based blocking mechanism designed to limit violent 
     video programming.
       (11) The most recent study of the television ratings system 
     by the Kaiser Family Foundation concludes that 79 percent of 
     violent programming is not specifically rated for violence.
       (12) Technology-based solutions, such as the V-chip, may be 
     helpful in protecting some children, but cannot achieve the 
     compelling governmental interest in protecting all children 
     from violent programming when parents are only able to block 
     programming that has, in fact, been rated for violence.
       (13) Restricting the hours when violent programming can be 
     shown protects the interests of children whose parents are 
     unavailable, unable to supervise their children's viewing 
     behavior, do not have the benefit of technology-based 
     solutions, are unable to afford the costs of technology-based 
     solutions, or are unable to determine the content of those 
     shows that are only subject to age-based ratings.
       (14) After further study, pursuant to a rule making, the 
     Federal Communications Commission may conclude that content-
     based ratings and blocking technology do not effectively 
     protect children from the harm of violent video programming.
       (15) If the Federal Communications Commission reaches the 
     conclusion described in paragraph (14), the channeling of 
     violent video programming will be the least restrictive means 
     of limiting the exposure of children to the harmful 
     influences of violent video programming.

     SEC. 203. ASSESSMENT OF EFFECTIVENESS OF CURRENT RATING 
                   SYSTEM FOR VIOLENCE AND EFFECTIVENESS OF V-CHIP 
                   IN BLOCKING VIOLENT PROGRAMMING.

       (a) Report.--The Federal Communications Commission shall--
       (1) assess the effectiveness of measures to require 
     television broadcasters and multichannel video programming 
     distributors (as defined in section 602(13) of the 
     Communications Act of 1934 (47 U.S.C. 522(13)) to rate and 
     encode programming that could be blocked by parents using the 
     V-chip undertaken under section 715 of the Communications Act 
     of 1934 (47 U.S.C. 715) and under subsections (w) and (x) of 
     section 303 of that Act (47 U.S.C. 303(w) and (x)) in 
     accomplishing the purposes for which they were enacted; and
       (2) report its findings to the Committee on Commerce, 
     Science, and Transportation of the United States Senate and 
     the Committee on Energy and Commerce of the United States 
     House of Representatives, within 12 months after the date of 
     enactment of this Act, and annually thereafter.
       (b) Action.--If the Commission finds at any time, as a 
     result of its ongoing assessment under subsection (a), that 
     the measures referred to in subsection (a)(1) are 
     insufficiently effective, then the Commission shall complete 
     a rulemaking within 270 days after the date on which the 
     Commission makes that finding to prohibit the distribution of 
     violent video programming during the hours when children are 
     reasonably likely to comprise a substantial portion of the 
     audience.
       (c) Definitions.--Any term used in this section 2 that is 
     defined in section 715 of the Communications Act of 1934 (47 
     U.S.C. 715), or in regulations under that section, has the 
     same meaning as when used in that. section or in those 
     regulations.

     SEC. 204. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING 
                   THAT IS NOT SPECIFICALLY RATED FOR VIOLENCE AND 
                   THEREFORE IS NOT BLOCKABLE.

       Title VII of the Communications Act of 1934 (47 U.S.C. 701 
     et seq.) is amended by adding at the end the following:

     ``SEC. 715. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO 
                   PROGRAMMING NOT SPECIFICALLY BLOCKABLE BY 
                   ELECTRONIC MEANS.

       ``(a) Unlawful Distribution.--It shall be unlawful for any 
     person to distribute to the public any violent video 
     programming not blockable by electronic means specifically on 
     the basis of its violent content during hours when children 
     are reasonably likely to comprise a substantial portion of 
     the audience.
       ``(b) Rulemaking Proceeding.--The Commission shall conduct 
     a rulemaking proceeding to implement the provisions of this 
     section and shall promulgate final regulations pursuant to 
     that, proceeding not later than 9 months after the date of 
     enactment of the Children's Protection from Violent 
     Programming Act. As part of that proceeding, the Commission--
       ``(1) may exempt from the prohibition under subsection (a) 
     programming (including news progams and sporting events) 
     whose distribution does not conflict with the objective of 
     protecting children from the negative influences of violent 
     video programming, as that objective is reflected in the 
     findings in section 551(a) of the Telecommunications Act of 
     1996;
       ``(2) shall exempt premium and pay-per-view cable 
     programming and premium and pay-per-view direct-to-home 
     satellite programming; and

[[Page 13450]]

       ``(3) shall define the term `hours when children are 
     reasonably likely to comprise a substantial portion of the 
     audience' and the term `violent video programming'.
       ``(c) Enforcement.--
       ``(1) Forfeiture penalty.--The forfeiture penalties 
     established by section 503(b) for violations of section 1464 
     of title 18, United States Code, shall apply to a violation 
     of this section, or any regulation promulgated under it in 
     the same manner as if a violation of this section, or such a 
     regulation, were a violation of law subject to a forfeiture 
     penalty under that section.
       ``(2) License revocation.--If a person repeatedly violates 
     this section or any regulation promulgated under this 
     section, the Commission shall, after notice and opportunity 
     for hearing, revoke any license issued to that person under 
     this Act.
       ``(3) License renewals.--The Commission shall consider, 
     among the elements in its review of an application for 
     renewal of a license under this Act, whether the licensee has 
     complied with this section and the regulations promulgated 
     under this section.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Blockable by electronic means.--The term `blockable 
     by electronic means' means blockable by the feature described 
     in section 303(x).
       ``(2) Distribute.--The term `distribute' means to send, 
     transmit, retransmit, telecast, broadcast, or cablecast, 
     including by wire, microwave, or satellite, but it does not 
     include the transmission, retransmission, or receipt of any 
     voice, data, graphics, or video telecommunications accessed 
     through an interactive computer service as defined in section 
     230(f)(2) of the Communications Act of 1934 (47 U.S.C. 
     230(f)(2)), which is not originated or transmitted in the 
     ordinary course of business by a television broadcast station 
     or multichannel video programming distributor as defined in 
     section 602(13) of that Act (47 U.S.C. 522(13)).
       ``(3) Violent video programming.--The term `violent video 
     programming' as defined by the Commission may include matter 
     that is excessive or gratuitous violence within the meaning 
     of the 1992 Broadcast Standards for the Depiction of Violence 
     in Television Programs, December 1992.''.

     SEC 205. SEPARABILITY.

       If any provision of this title, or any provision of an 
     amendment made by this title, or the application thereof to 
     particular persons or circumstances, is found to be 
     unconstitutional, the remainder of this title or that 
     amendment, or the application thereof to other persons or 
     circumstances shall not be affected.

     SEC. 206. EFFECTIVE DATE.

       The prohibition contained in section 715 of the 
     Communications Act of 1934 (as added by section 204 of this 
     title) and the regulations promulgated thereunder shall take 
     effect 1 year after the regulations are adopted by the 
     Commission.
                                 ______
                                 
  SA. 3467. Mr. ENSIGN proposed an amendment to amendment SA 3315 
proposed by Ms. Landrieu to the bill S. 2400, 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 Services, and for other 
purposes; as follows:

       On page 9, strike lines 12 through 22, and insert the 
     following:
       (8)(A) The Secretary of Defense shall prescribe in 
     regulations premiums which a person electing under this 
     section shall be required to pay for participating in the 
     Survivor Benefit Plan pursuant to the election. The total 
     amount of the premiums to be paid by a person under the 
     regulations shall be equal to the sum of--
       (i) the total amount by which the retired pay of the person 
     would have been reduced before the effective date of the 
     election if the person had elected to participate in the 
     Survivor Benefit Plan (for the same base amount specified in 
     the election) at the first opportunity that was afforded the 
     member to participate under chapter 73 of title 10, United 
     States Code;
       (ii) interest on the amounts by which the retired pay of 
     the person would have been so reduced, computed from the 
     dates on which the retired pay would have been so reduced at 
     such rate or rates and according to such methodology as the 
     Secretary of Defense determines reasonable; and
       (iii) any additional amount that the Secretary determines 
     necessary to protect the actuarial soundness of the 
     Department of Defense Military Retirement Fund against any 
     increased risk for the fund that is associated with the 
     election.
       (B) Premiums paid under the regulations shall be credited 
     to the Department of Defense Military Retirement Fund.
       (C) In this paragraph, the term ``Department of Defense 
     Military Retirement Fund'' means the Department of Defense 
     Military Retirement Fund established under section 1461(a) of 
     title 10, United States Code.
                                 ______
                                 
  SA. 3468. Mr. DASCHLE (for himself, Mr. Dorgan, Mrs. Murray, Mr. 
Nelson of Florida, Mr. Kerry, Mr. Reid, Mr. Lautenberg, Mr. Rockfeller, 
Mrs. Boxer, and Mr. Dayton) proposed an amendment to amendment SA 3409 
proposed by Mr. Daschle to the bill S. 2400, 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 Services, and for other 
purposes; as follows:

       In the amendment strike all after Sec. in line 2 and insert 
     the following:

     FUNDING FOR VETERANS HEALTH CARE TO ADDRESS CHANGES IN 
                   POPULATION AND INFLATION.

       (a) Funding To Address Changes in Populations and 
     Inflation.--(1) Chapter 3 of title 38, United States Code, is 
     amended by adding at the end the following new section:

     ``Sec. 320. Funding for veterans health care to address 
       changes in population and inflation

       ``(a) By the enactment of this section, Congress and the 
     President intend to ensure access to health care for all 
     veterans. Upon the enactment of this section, funding for the 
     programs, functions, and activities of the Veterans Health 
     Administration specified in subsection (d) to accomplish this 
     objective shall be provided through a combination of 
     discretionary and mandatory funds. The discretionary amount 
     should be equal to the fiscal year 2004 discretionary funding 
     for such programs, functions, and activities, and should 
     remain unchanged each fiscal year thereafter. The annual 
     level of mandatory amount shall be adjusted according to the 
     formula specified in subsection (c). While this section does 
     not purport to control the outcome of the annual 
     appropriations process, it anticipates cooperation from 
     Congress and the President in sustaining discretionary 
     funding for such programs, functions, and activities in 
     future fiscal years at the level of discretionary funding for 
     such programs, functions, and activities for fiscal year 
     2004. The success of that arrangement, as well as of the 
     funding formula, are to be reviewed after two years.
       ``(b) On the first day of each fiscal year, the Secretary 
     of the Treasury shall make available to the Secretary of 
     Veterans Affairs the amount determined under subsection (c) 
     with respect to that fiscal year. Each such amount is 
     available, without fiscal year limitation, for the programs, 
     functions, and activities of the Veterans Health 
     Administration, as specified in subsection (d). There is 
     hereby appropriated, out of any sums in the Treasury not 
     otherwise appropriated, amounts necessary to implement this 
     section.
       ``(c)(1) The amount applicable to fiscal year 2005 under 
     this subsection is the amount equal to--
       ``(A) 130 percent of the amount obligated by the Department 
     during fiscal year 2003 for the purposes specified in 
     subsection (d), minus
       ``(B) the amount appropriated for those purposes for fiscal 
     year 2004.
       ``(2) The amount applicable to any fiscal year after fiscal 
     year 2005 under this subsection is the amount equal to the 
     product of the following, minus the amount appropriated for 
     the purposes specified for subsection (d) for fiscal year 
     2004:
       ``(A) The sum of--
       ``(i) the number of veterans enrolled in the Department 
     health care system under section 1705 of this title as of 
     July 1 preceding the beginning of such fiscal year; and
       ``(ii) the number of persons eligible for health care under 
     chapter 17 of this title who are not covered by clause (i) 
     and who were provided hospital care or medical services under 
     such chapter at any time during the fiscal year preceding 
     such fiscal year.
       ``(B) The per capita baseline amount, as increased from 
     time to time pursuant to paragraph (3)(B).
       ``(3)(A) For purposes of paragraph (2)(B), the term `per 
     capita baseline amount' means the amount equal to--
       ``(i) the amount obligated by the Department during fiscal 
     year 2004 for the purposes specified in subsection (d), 
     divided by
       ``(ii) the number of veterans enrolled in the Department 
     health care system under section 1705 of this title as of 
     September 30, 2003.
       ``(B) With respect to any fiscal year, the Secretary shall 
     provide a percentage increase (rounded to the nearest dollar) 
     in the per capita baseline amount equal to the percentage by 
     which--
       ``(i) the Consumer Price Index (all Urban Consumers, United 
     States City Average, Hospital and related services, 
     Seasonally Adjusted), published by the Bureau of Labor 
     Statistics of the Department of Labor for the 12-month period 
     ending on the June 30 preceding the beginning of the fiscal 
     year for which the increase is made, exceeds
       ``(ii) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in clause (i).
       ``(d)(1) Except as provided in paragraph (2), the purposes 
     for which amounts made available pursuant to subsection (b) 
     shall be all programs, functions, and activities of the 
     Veterans Health Administration.

[[Page 13451]]

       ``(2) Amounts made available pursuant to subsection (b) are 
     not available for--
       ``(A) construction, acquisition, or alteration of medical 
     facilities as provided in subchapter I of chapter 81 of this 
     title (other than for such repairs as were provided for 
     before the date of the enactment of this section through the 
     Medical Care appropriation for the Department); or
       ``(B) grants under subchapter III of chapter 81 of this 
     title.
       ``(e) Nothing in this section shall be construed to prevent 
     or limit the authority of Congress to reauthorize provisions 
     relating to veterans health care.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``320. Funding for veterans health care to address changes in 
              population and inflation.''.

       (b) Comptroller General Report.--(1) Not later than January 
     31, 2007, the Comptroller General of the United States shall 
     submit to Congress a report on the extent to which section 
     320 of title 38, United States Code (as added by subsection 
     (a)), has achieved the purpose set forth in subsection (a) of 
     such section 320 during fiscal years 2005 and 2006.
       (2) The report under paragraph (1) shall set forth the 
     following:
       (A) The amount appropriated for fiscal year 2004 for the 
     programs, functions, and activities of the Veterans Health 
     Administration specified in subsection (d) of section 320 of 
     title 38, United States Code.
       (B) The amount appropriated by annual appropriations Acts 
     for each of fiscal years 2005 and 2006 for such programs, 
     functions, and activities.
       (C) The amount provided by section 320 of title 38, United 
     States Code, for each of fiscal years 2005 and 2006 for such 
     programs, functions, and activities.
       (D) An assessment whether the amount described in 
     subparagraph (C) for each of fiscal years 2005 and 2006 was 
     appropriate to address the changes in costs to the Veterans 
     Health Administration for such programs, functions, and 
     activities that were attributable to changes in population 
     and in inflation over the course of such fiscal years.
       (E) An assessment whether the amount provided by section 
     320 of title 38, United States Code, in each of fiscal years 
     2005 and 2006, when combined with amounts appropriated by 
     annual appropriations Acts for each of such fiscal years for 
     such programs, functions, and activities, provided adequate 
     funding of such programs, functions, and activities in each 
     such fiscal year.
       (F) Such recommendations as the Comptroller General 
     considers appropriate regarding modifications of the formula 
     under subsection (c) of section 320 of title 38, United 
     States Code, or any other modifications of law, to better 
     ensure adequate funding of such programs, functions, and 
     activities.
       (c) Congressional Consideration of Comptroller General 
     Recommendations.--
       (1) Joint resolution.--For purposes of this subsection, the 
     term ``joint resolution'' means only a joint resolution which 
     is introduced (in the House of Representatives by the Speaker 
     of the House of Representatives (or the Speaker's designee) 
     or the Minority Leader (or the Minority Leader's designee) 
     and in the Senate by the Majority Leader (or the Majority 
     Leader's designee) or the Minority Leader (or the Minority 
     Leader's designee)) within the 10-day period beginning on the 
     date on which Congress receives the report of the Comptroller 
     General of the United States under subsection (b), and--
       (A) which does not have a preamble;
       (B) the matter after the resolving clause of which consists 
     of amendments of title 38, United States Code, or other 
     amendments or modifications of laws under the jurisdiction of 
     the Secretary of Veterans Affairs to implement the 
     recommendations of the Comptroller General in the report 
     under subsection (b)(2)(F); and
       (C) the title of which is as follows: ``Joint resolution to 
     ensure adequate funding of health care for veterans.''.
       (2) Referral.--A resolution described in paragraph (1) that 
     is introduced in the House of Representatives shall be 
     referred to the Committee on Veterans' Affairs of the House 
     of Representatives. A resolution described in paragraph (1) 
     introduced in the Senate shall be referred to the Committee 
     on Veterans' Affairs of the Senate.
       (3) Discharge.--If the committee to which a resolution 
     described in paragraph (1) is referred has not reported such 
     resolution (or an identical resolution) by the end of the 20-
     day period beginning on the date on which the Comptroller 
     General submits to Congress the report under subsection (b), 
     such committee shall be, at the end of such period, 
     discharged from further consideration of such resolution, and 
     such resolution shall be placed on the appropriate calendar 
     of the House involved.
       (4) Consideration.--(A) On or after the third day after the 
     date on which the committee to which such a resolution is 
     referred has reported, or has been discharged (under 
     paragraph (3)) from further consideration of, such a 
     resolution, it is in order (even though a previous motion to 
     the same effect has been disagreed to) for any Member of the 
     respective House to move to proceed to the consideration of 
     the resolution (but only on the day after the calendar day on 
     which such Member announces to the House concerned the 
     Member's intention to do so). The motion is highly privileged 
     in the House of Representatives and is privileged in the 
     Senate and is not debatable. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the resolution is agreed to, the 
     respective House shall immediately proceed to consideration 
     of the joint resolution without intervening motion, order, or 
     other business, and the resolution shall remain the 
     unfinished business of the respective House until disposed 
     of.
       (B) Debate on the resolution, and on all debatable motions 
     and appeals in connection therewith, shall be limited to not 
     more than 2 hours, which shall be divided equally between 
     those favoring and those opposing the resolution. An 
     amendment to the resolution is not in order. A motion further 
     to limit debate is in order and not debatable. A motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the resolution is not 
     in order. A motion to reconsider the vote by which the 
     resolution is agreed to or disagreed to is not in order.
       (C) Immediately following the conclusion of the debate on a 
     resolution described in paragraph (1) and a single quorum 
     call at the conclusion of the debate if requested in 
     accordance with the rules of the appropriate House, the vote 
     on final passage of the resolution shall occur.
       (D) Appeals from the decisions of the Chair relating to the 
     application of the rules of the Senate or the House of 
     Representatives, as the case may be, to the procedure 
     relating to a resolution described in paragraph (1) shall be 
     decided without debate.
       (5) Consideration by other house.--(A) If, before the 
     passage by one House of a resolution of that House described 
     in paragraph (1), that House receives from the other House a 
     resolution described in paragraph (1), then the following 
     procedures shall apply:
       (i) The resolution of the other House shall not be referred 
     to a committee and may not be considered in the House 
     receiving it except in the case of final passage as provided 
     in clause (ii)(II).
       (ii) With respect to a resolution described in paragraph 
     (1) of the House receiving the resolution--
       (I) the procedure in that House shall be the same as if no 
     resolution had been received from the other House; but
       (II) the vote on final passage shall be on the resolution 
     of the other House.
       (B) Upon disposition of the resolution received from the 
     other House, it shall no longer be in order to consider the 
     resolution that originated in the receiving House.
       (6) Rules of senate and house.--This subsection is enacted 
     by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a resolution described in 
     paragraph (1), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
                                 ______
                                 
  SA 3469. Mr. REID proposed an amendment to amendment SA 3387 proposed 
by Mr. Leahy to the bill S. 2400, 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 Services, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUEST FOR DOCUMENTS AND RECORDS.

       The Attorney General shall submit to the Committee on the 
     Judiciary of the Senate all documents and records produced 
     from January 20, 2001, to the present, and in the possession 
     of the Department of Justice, describing, referring or 
     relating to the treatment or interrogation of prisoners of 
     war, enemy combatants, and individuals held in the custody or 
     under the physical control of the United States Government or 
     an agent of the United States Government in connection with 
     investigations or interrogations by the military, the Central 
     Intelligence Agency, intelligence, antiterrorist or 
     counterterrorist offices in other agencies, or cooperating 
     governments, and the agents or contractors of such agencies 
     or governments.
                                 ______
                                 
  SA 3470. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 3315 proposed by Ms. Landrieu to the bill S.

[[Page 13452]]

2400, 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 Services, and 
for other purposes; which was ordered to lie on the table; as follows:

       Add at the end the following:

     SEC. 643. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR 
                   ANNUITIES BY DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

       (a) Repeal.--Section 1451(c) of title 10, United States 
     Code, is amended by striking paragraph (2).
       (b) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person for any period before the effective 
     date specified in subsection (c) by reason of the amendment 
     made by subsection (a).
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted, if later than the 
     date specified in paragraph (1).
                                 ______
                                 
  SA 3471. Mr. WARNER proposed an amendment to the bill S. 2400, 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 Services, and for other 
purposes; as follows:

       On page 30, between lines 14 and 15, insert the following:

     SEC. 216. SPIRAL DEVELOPMENT OF JOINT THREAT WARNING SYSTEM 
                   MARITIME VARIANTS.

       (a) Amount for Program.--The amount authorized to be 
     appropriated by section 201(4) is hereby increased by 
     $2,000,000, with the amount of the increase to be available 
     in the program element PE 1160405BB for joint threat warning 
     system maritime variants.
       (b) Offset.--The amount authorized to be appropriated by 
     section 421 is hereby reduced by $2,000,000, with the amount 
     of the reduction to be derived from excess amounts provided 
     for military personnel of the Air Force.
                                 ______
                                 
  SA 3472. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 2400, 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 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 247, between lines 13 and 14, insert the following:

     SEC. 1022. REPORT ON THE STABILIZATION OF IRAQ.

       Not later than 120 days after the date of the enactment of 
     this Act, the President shall submit to the congressional 
     defense committees an unclassified report (with classified 
     annex, if necessary) on the strategy of the United States and 
     coalition forces for stabilizing Iraq. The report shall 
     contain a detailed explanation of the strategy, together with 
     the following information:
       (1) A description of the efforts of the President to work 
     with the United Nations to provide support for, and 
     assistance to, the transitional government in Iraq, and, in 
     particular, the efforts of the President to negotiate and 
     secure adoption by the United Nations Security Council of 
     Resolution 1546.
       (2) A description of the efforts of the President to 
     continue to work with North Atlantic Treaty Organization 
     (NATO) member states and non-NATO member states to provide 
     support for and augment coalition forces, including efforts, 
     as determined by the United States combatant commander, in 
     consultation with coalition forces, to evaluate the--
       (A) the current military forces of the NATO and non-NATO 
     member countries deployed to Iraq;
       (B) the current police forces of NATO and non-NATO member 
     countries deployed to Iraq; and
       (C) the current financial resources of NATO and non-NATO 
     member countries provided for the stabilization and 
     reconstruction of Iraq.
       (3) As a result of the efforts described in paragraph (2)--
       (A) a list of the NATO and non-NATO member countries that 
     have deployed and will have agreed to deploy military and 
     police forces; and
       (B) with respect to each such country, the schedule and 
     level of such deployments.
       (4) A description of the efforts of the United States and 
     coalition forces to develop the domestic security forces of 
     Iraq for the internal security and external defense of Iraq, 
     including a description of United States plans to recruit, 
     train, equip, and deploy domestic security forces of Iraq.
       (5) As a result of the efforts described in paragraph (4)--
       (A) the number of members of the security forces of Iraq 
     that have been recruited;
       (B) the number of members of the security forces of Iraq 
     that have been trained; and
       (C) the number of members of the security forces of Iraq 
     that have been deployed.
       (6) A description of the efforts of the United States and 
     coalition forces to assist in the reconstruction of essential 
     infrastructure of Iraq, including the oil industry, 
     electricity generation, roads, schools, and hospitals.
       (7) A description of the efforts of the United States, 
     coalition partners, and relevant international agencies to 
     assist in the development of political institutions and 
     prepare for democratic elections in Iraq.
       (8) A description of the obstacles, including financial, 
     technical, logistic, personnel, political, and other 
     obstacles, faced by NATO in generating and deploying military 
     forces out of theater to locations such as Iraq.
                                 ______
                                 
  SA 3473. Mr. FRIST (for Mrs. Feinstein) proposed an amendment to the 
joint resolution S.J. Res. 33, expressing support for freedom in Hong 
Kong; as follows:

       On page 5, line 6, strike ``all''.
        On page 5, line 8, strike ``a fully'' and insert 
     ``universal suffrage and a''.
       On page 5, beginning on line 11, strike all through line 
     23, and insert the following:
       (B) declare that the lack of movement towards universal 
     suffrage and a democratically elected legislature in Hong 
     Kong is contrary to the vision of democracy set forth in the 
     Basic Law of the Hong Kong Special Administrative Region and 
     in the Agreement between the Government of the United Kingdom 
     of Great Britain and Northern Ireland and the Government of 
     the People's Republic of China on the Question of Hong Kong, 
     done at Beijing, December 19, 1984 (the Sino-British Joint 
     Declaration of 1984); and
       (C) call upon the Standing Committee of the National 
     People's Congress to guarantee that the Hong Kong Government 
     develop and implement a plan and timetable to achieve 
     universal suffrage and the democratic election of the 
     legislature and chief executive of Hong Kong as provided for 
     in the Basic Law of the Hong Kong Special Administrative 
     Region, promulgated on July 1, 1997.

                          ____________________