To provide for consideration of additional factors in indecency penalties.

[[Page S6971]]

Senate

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005--Continued

The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. I ask unanimous consent the Senator from New York, Mrs.
Clinton, be recognized for 5 minutes to speak?
Mr. WARNER. We would have to lay this aside. We are waiting for the
Chair to rule.
Mr. REID. It doesn't have to be laid aside.
Mr. WARNER. We wanted to clear the amendment.
The PRESIDING OFFICER. The Senator from Missouri.
Mr. BOND. I promise I will speak very briefly. We discussed this
amendment at great length today. This is an amendment designed to take
care of and put in a special employee cohort, workers in some very
dirty nuclear bomb plants in Iowa and Missouri, back in the 1940s and
1950s. At the request of the managers, we added a number of conditions
to it. We worked through the authorizations, and the funding of it is
by authorization. I believe we have worked that out.
I think the amendment will be set aside. If anybody is really
interested in it we will be happy to refer them to the Congressional
Record, and at the appropriate time we will come back and restate why
this is so important. It is relatively inexpensive--$180 million over
10 years. I hope my colleagues will be willing to accept it.
With that, I thank the managers and my cosponsors and I yield the
floor.
Mr. WARNER. Mr. President, I want to say at this time, we started
today's very productive session of amendments with Senator Bond, who
has remained on the floor now I would say about 9 hours, to obtain what
you have right now. Well done, sir.
Mr. BOND. I thank my colleague.
Mr. WARNER. If it is agreeable to my colleagues, I ask unanimous
consent that amendment be laid aside.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendments Nos. 3173, As Modified; 3202, 3440, As Modified; 3163, As
Modified; 3199, as Modified; 3172, As Modified; 3245, As Modified;
3285, As Modified; 3254; 3413, As Modified; 3246; 3390, As Modified;
3273, As Modified; 3284, As Modified; 3434, As Modified; 3401; 3237, As
Modified; 3279, As Modified

Mr. WARNER. I now send a package of amendments to the desk and ask
they be considered en bloc.
The PRESIDING OFFICER. Is there objection? Without objection, the
amendments will be considered en bloc.
Is there debate?
Mr. LEVIN. These amendments have been cleared, I believe, on both
sides.
The PRESIDING OFFICER. Without objection, the amendments are agreed
to en bloc.
The amendments were agreed to, as follows:

amendment no. 3173, as modified

(Purpose: To provide for the supplemental subsistence allowance,
imminent danger pay, family separation allowance, and certain federal
assistance to be cumulative benefits; and to require a report on
availability of social services to members of the Armed Forces)

On page 127, between the matter following line 5 and line
6, insert the following:

SEC. 621. RELATIONSHIP BETWEEN ELIGIBILITY TO RECEIVE
SUPPLEMENTAL SUBSISTENCE ALLOWANCE AND
ELIGIBILITY TO RECEIVE IMMINENT DANGER PAY,
FAMILY SEPARATION ALLOWANCE, AND CERTAIN
FEDERAL ASSISTANCE.

(a) Entitlement Not Affected by Receipt of Imminent Danger
Pay and Family Separation Allowance.--Subsection (b)(2) of
section 402a of title 37, United States Code, is amended by
striking subparagraph (A) and inserting the following:
``(A) shall not take into consideration--
``(i) the amount of the supplemental subsistence allowance
that is payable under this section;
``(ii) the amount of special pay (if any) that is payable
under section 310 of this section, relating to duty subject
to hostile fire or imminent danger; or
``(iii) the amount of family separation allowance (if any)
that is payable under section 427 of this title; but''.
(b) Eligibility for Other Federal Assistance.--Section 402a
of such title is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Eligibility for Other Federal Assistance.--(1)(A) A
child or spouse of a member of the armed forces receiving the
supplemental subsistence allowance under this section who,
except for the receipt of such allowance, would otherwise be
eligible to receive a benefit described in subparagraph (B)
shall be considered to be eligible for that benefit.
``(B) The benefits referred to in subparagraph (A) are as
follows:
``(i) Assistance provided under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
``(ii) Assistance provided under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.).
``(iii) A service under the Head Start Act (42 U.S.C. 9831
et seq.).
``(iv) Assistance under the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.).
``(2) A household that includes a member of the armed
forces receiving the supplemental subsistence allowance under
this section and, except for the receipt of such allowance,
would otherwise be eligible to receive a benefit under the
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621
et seq.) shall be considered to be eligible for that
benefit.''.
(c) Requirement for Report.--(1) Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the committees of Congress named in
paragraph (2) a report on the accessibility of social
services to members of the Armed Forces and their families.
The report shall include the following matters:
(A) The social services for which members of the Armed
Forces and their families are eligible under social services
programs generally available to citizens and other nationals
of the United States.
(B) The extent to which members of the Armed Forces and
their families utilize the social services for which they are
eligible under the programs identified under subparagraph
(A).
(C) The efforts made by each of the military departments--

[[Page S6972]]

(i) to ensure that members of the Armed Forces and their
families are aware of the social services for which they are
eligible under the programs identified under subparagraph
(A); and
(ii) to assist members and their families in applying for
and obtaining such social services.
(2) The committees of Congress referred to in paragraph (1)
are as follows:
(A) The Committee on Armed Services and the Committee on
Health, Education, Labor, and Pensions of the Senate.
(B) The Committee on Armed Services of the House of
Representatives.
(d) Effective Date.--(1) Except as provided in paragraph
(2), this section and the amendments made by this section
shall take effect on October 1, 2004.
(2) Subsection (c) shall take effect on the date of the
enactment of this Act.

amendment no. 3202

(Purpose: To provide relief to mobilized military reservists from
certain Federal agricultural loan obligations)

On page 131, between lines 17 and 18, insert the following:

SEC. 653. RELIEF FOR MOBILIZED MILITARY RESERVISTS FROM
CERTAIN FEDERAL AGRICULTURAL LOAN OBLIGATIONS.

The Consolidated Farm and Rural Development Act is amended
by inserting after section 331F (7 U.S.C. 1981f) the
following:

``SEC. 332. RELIEF FOR MOBILIZED MILITARY RESERVISTS FROM
CERTAIN AGRICULTURAL LOAN OBLIGATIONS.

``(a) Definition of Mobilized Military Reservist.--In this
section, the term `mobilized military reservist' means an
individual who--
``(1) is on active duty under section 688, 12301(a),
12301(g), 12302, 12304, 12306, or 12406, or chapter 15 of
title 10, United States Code, or any other provision of law
during a war or during a national emergency declared by the
President or Congress, regardless of the location at which
the active duty service is performed; or
``(2) in the case of a member of the National Guard, is on
full-time National Guard duty (as defined in section
101(d)(5) of title 10, United States Code) under a call to
active service authorized by the President or the Secretary
of Defense for a period of more than 30 consecutive days
under section 502(f) of title 32, United States Code, for
purposes of responding to a national emergency declared by
the President and supported by Federal funds.
``(b) Forgiveness of Interest Payments Due While Borrower
Is a Mobilized Military Reservist.--Any requirement that a
borrower of a direct loan made under this title make any
interest payment on the loan that would otherwise be required
to be made while the borrower is a mobilized military
reservist is rescinded.
``(c) Deferral of Principal Payments Due While or After
Borrower Is a Mobilized Military Reservist.--The due date of
any payment of principal on a direct loan made to a borrower
under this title that would otherwise be required to be made
while or after the borrower is a mobilized military reservist
is deferred for a period equal in length to the period for
which the borrower is a mobilized military reservist.
``(d) Nonaccrual of Interest.--Interest on a direct loan
made to a borrower described in this section shall not accrue
during the period the borrower is a mobilized military
reservist.
``(e) Borrower Not Considered To Be Delinquent or Receiving
Debt Forgiveness.--Notwithstanding section 373 or any other
provision of this title, a borrower who receives assistance
under this section shall not, as a result of the assistance,
be considered to be delinquent or receiving debt forgiveness
for purposes of receiving a direct or guaranteed loan under
this title.''.

amendment no. 3440, as modified

(Purpose: To promote a thorough investigation of the United Nations
Oil-for-Food Program)

On page 272, after the matter following line 18, insert the
following:

SEC. 1055. UNITED NATIONS OIL-FOR-FOOD PROGRAM

(a) Responsibility of Inspector General of the Department
of Defense for Security of Documents.--(1) The Inspector
General of the Department of Defense, in cooperation with the
Director of the Defense Contract Audit Agency and the
Director of the Defense Contract Management Agency, shall
ensure, not later than June 30, 2004, the security of all
documents relevant to the United Nations Oil-for-Food Program
that are in the possession or control of the Coalition
Provisional Authority.
(2) The Inspector General shall--
(A) maintain copies of all such documents in the United
States at the Department of Defense; and
(B) not later than August 31, 2004, deliver a complete set
of all such documents to the Comptroller General of the
United States.
(b) Cooperation in Investigations.--Each head of an
Executive agency, including the Department of State, the
Department of Defense, the Department of the Treasury, and
the Central Intelligence Agency, and the Administrator of the
Coalition Provisional Authority shall, upon a request in
connection with an investigation of the United Nations Oil-
for-Food Program made by the chairman of the Committee on
Foreign Relations, the Committee on Armed Services, the
Committee on the Judiciary, the Committee on Governmental
Affairs, the Select Committee on Intelligence, the Permanent
Subcommittee on Investigations, or other committee of the
Senate with relevant jurisdiction, promptly provide to such
chairman--
(1) access to any information and documents described in
subsections (a) or (c) that are under the control of such
agency and responsive to the request; and
(2) assistance relating to access to and utilization of
such information and documents.
(c) Information from the United Nations.--(1) The Secretary
of State shall use the voice and vote of the United States in
the United Nations to urge the Secretary-General of the
United Nations to provide the United States copies of all
audits and core documents related to the United Nations Oil-
for-Food Program.
(2) It is the sense of Congress that, pursuant to section
941(b)(6) of the United Nations Reform Act of 1999 (title IX
of division A of H.R. 3427 of the 106th Congress, as enacted
into law by section 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-480), the Comptroller General of the United
States should have full and complete access to financial data
relating to the United Nations, including information related
to the financial transactions, organization, and activities
of the United Nations Oil-for-Food Program.
(3) The Secretary of State shall facilitate the providing
of access to the Comptroller General to the financial data
described in paragraph (2).
(d) Review of Oil-for-Food Program by Comptroller
General.--(1) The Comptroller General of the United States
shall conduct a review of United States oversight of the
United Nations Oil-for-Food Program. The review--
(A) in accordance with Generally Accepted Government
Auditing Standards, should not interfere with any ongoing
criminal investigations or inquiries related to the Oil-for-
Food program; and
(B) may take into account the results of any investigations
or inquiries related to the Oil-for-Food program.
(2) The head of each Executive agency shall fully cooperate
with the review under this subsection.
(e) Executive Agency Defined.--In this section, the term
``Executive agency'' has the meaning given that term in
section 105 of title 5, United States Code.

amendment no. 3163, as modified

(Purpose: To provide for improved medical readiness of the members of
the Armed Forces, and for other purposes)

On page 296, between lines 14 and 15, insert the following:

TITLE XIII--MEDICAL READINESS TRACKING AND HEALTH SURVEILLANCE

SEC. 1301. ANNUAL MEDICAL READINESS PLAN AND JOINT MEDICAL
READINESS OVERSIGHT COMMITTEE.

(a) Requirement for Plan.--The Secretary of Defense shall
develop a comprehensive plan to improve medical readiness,
and Department of Defense tracking of the health status, of
members of the Armed Forces throughout their service in the
Armed Forces, and to strengthen medical readiness and
tracking before, during, and after deployment of the
personnel overseas. The matters covered by the comprehensive
plan shall include all elements that are described in this
title and the amendments made by this title and shall comply
with requirements in law.
(b) Joint Medical Readiness Oversight Committee.--
(1) Establishment.--The Secretary of Defense shall
establish a Joint Medical Readiness Oversight Committee.
(2) Composition.--The members of the Committee are as
follows:
(A) The Under Secretary of Defense for Personnel and
Readiness, who shall chair the Committee.
(B) The Assistant Secretary of Defense for Health Affairs.
(C) The Assistant Secretary of Defense for Reserve Affairs.
(D) The Surgeons General of the Armed Forces.
(E) The Assistant Secretary of the Army for Manpower and
Reserve Affairs.
(F) The Assistant Secretary of the Navy for Manpower and
Reserve Affairs.
(G) The Assistant Secretary of the Air Force for Manpower,
Reserve Affairs, Installations, and Environment.
(H) The Chief of the National Guard Bureau.
(I) The Chief of Army Reserve.
(J) The Chief of Naval Reserve.
(K) The Chief of Air Force Reserve.
(L) The Commander, Marine Corps Reserve.
(M) The Director of the Defense Manpower Data Center.
(N) A representative of the Department of Veterans Affairs
designated by the Secretary of Veterans Affairs.
(O) Representatives of veterans and military health
advocacy organizations appointed to the Committee by the
Secretary of Defense.
(P) An individual from civilian life who is recognized as
an expert on military health care treatment, including
research relating to such treatment.
(3) Duties.--The duties of the Committee are as follows:
(A) To advise the Secretary of Defense on the medical
readiness and health status of the members of the active and
reserve components of the Armed Forces.
(B) To advise the Secretary of Defense on the compliance of
the Armed Forces with the

[[Page S6973]]

medical readiness tracking and health surveillance policies
of the Department of Defense.
(C) To oversee the development and implementation of the
comprehensive plan required by subsection (a) and the actions
required by this title and the amendments made by this title,
including with respect to matters relating to--
(i) the health status of the members of the reserve
components of the Armed Forces;
(ii) accountability for medical readiness;
(iii) medical tracking and health surveillance;
(iv) declassification of information on environmental
hazards;
(v) postdeployment health care for members of the Armed
Forces; and
(vi) compliance with Department of Defense and other
applicable policies on blood serum repositories.
(D) To ensure unity and integration of efforts across
functional and organizational lines within the Department of
Defense with regard to medical readiness tracking and health
status surveillance of members of the Armed Forces.
(E) To establish and monitor compliance with the medical
readiness standards that are applicable to members and those
that are applicable to units.
(F) To improve continuity of care in coordination with the
Secretary of Veterans Affairs, for members of the Armed
Forces separating from active service with service-connected
medical conditions.
(G) To prepare and submit to the Secretary of Defense and
to the Committees on Armed Services of the Senate and the
House of Representatives, not later than February 1 of each
year, a report on--
(i) the health status and medical readiness of the members
of the Armed Forces, including the members of reserve
components, based on the comprehensive plan required under
subsection (a) and the actions required by this title and the
amendments made by this title; and
(ii) compliance with Department of Defense policies on
medical readiness tracking and health surveillance.
(4) First meeting.--The first meeting of the Committee
shall be held not later than 90 days after the date of the
enactment of this Act.

SEC. 1302. MEDICAL READINESS OF RESERVES.

(a) Comptroller General Study of Health of Reserves Ordered
to Active Duty for Operations Enduring Freedom and Iraqi
Freedom.--
(1) Requirement for study.--The Comptroller General of the
United States shall carry out a study of the health of the
members of the reserve components of the Armed Forces who
have been called or ordered to active duty for a period of
more than 30 days in support of Operation Enduring Freedom
and Operation Iraqi Freedom. The Comptroller General shall
commence the study not later than 180 days after the date of
the enactment of this Act.
(2) Purposes.--The purposes of the study under this
subsection are as follows:
(A) To review the health status and medical fitness of the
activated Reserves when they were called or ordered to active
duty.
(B) To review the effects, if any, on logistics planning
and the deployment schedules for the operations referred to
in paragraph (1) that resulted from deficiencies in the
health or medical fitness of activated Reserves.
(C) To review compliance of military personnel with
Department of Defense policies on medical and physical
fitness examinations and assessments that are applicable to
the reserve components of the Armed Forces.
(3) Report.--The Comptroller General shall, not later than
one year after the date of the enactment of this Act, submit
a report on the results of the study under this subsection to
the Committees on Armed Services of the Senate and the House
of Representatives. The report shall include the following
matters:
(A) With respect to the matters reviewed under subparagraph
(A) of paragraph (2)--
(i) the percentage of activated Reserves who were
determined to be medically unfit for deployment, together
with an analysis of the reasons why the member was unfit,
including medical illnesses or conditions most commonly found
among the activated Reserves that were grounds for
determinations of medical unfitness for deployment; and
(ii) the percentage of the activated Reserves who, before
being deployed, needed medical care for health conditions
identified when called or ordered to active duty, together
with an analysis of the types of care that were provided for
such conditions and the reasons why such care was necessary.
(B) With respect to the matters reviewed under subparagraph
(B) of paragraph (2)--
(i) the delays and other disruptions in deployment
schedules that resulted from deficiencies in the health
status or medical fitness of activated Reserves; and
(ii) an analysis of the extent to which it was necessary to
merge units or otherwise alter the composition of units, and
the extent to which it was necessary to merge or otherwise
alter objectives, in order to compensate for limitations on
the deployability of activated Reserves resulting from
deficiencies in the health status or medical fitness of
activated Reserves.
(C) With respect to the matters reviewed under subparagraph
(C) of paragraph (2), an assessment of the extent of the
compliance of reserve component personnel with Department of
Defense policies on routine medical and physical fitness
examinations that are applicable to the reserve components of
the Armed Forces.
(D) An analysis of the extent to which the medical care, if
any, provided to activated Reserves in each theater of
operations referred to in paragraph (1) related to
preexisting conditions that were not adequately addressed
before the deployment of such personnel to the theater.
(4) Definitions.--In this subsection:
(A) The term ``activated Reserves'' means the members of
the Armed Forces referred to in paragraph (1).
(B) The term ``active duty for a period of more than 30
days'' has the meaning given such term in section 101(d) of
title 10, United States Code.
(C) The term ``health condition'' includes a mental health
condition and a dental condition.
(D) The term ``reserve components of the Armed Forces''
means the reserve components listed in section 10101 of title
10, United States Code.
(b) Accountability for Individual and Unit Medical
Readiness.--
(1) Policy.--The Secretary of Defense shall issue a policy
to ensure that individual members and commanders of reserve
component units fulfill their responsibilities for medical
and dental readiness of members of the units on the basis
of--
(A) frequent periodic health assessment of members (not
less frequently than once every two years) using the
predeployment assessment procedure required under section
1074f of title 10, United States Code, as the minimum
standard of medical readiness; and
(B) any other information on the health status of the
members that is available to the commanders.
(2) Review and followup care.--The regulations under this
subsection shall provide for review of the health assessments
under paragraph (1) by a medical professional and for any
followup care and treatment that is needed for medical or
dental readiness.
(3) Modification of predeployment health assessment
survey.--In meeting the policy under paragraph (1), the
Secretary shall--
(A) to the extent practicable, modify the predeployment
health assessment survey to bring such survey into conformity
with the detailed postdeployment health assessment survey in
use as of October 1, 2004; and
(B) ensure the use of the predeployment health assessment
survey, as so modified, for predeployment health assessments
after that date.
(c) Uniform Policy on Deferral of Medical Treatment Pending
Deployment to Theaters of Operations.--
(1) Requirement for policy.--The Secretary of Defense shall
prescribe, for uniform applicability throughout the Armed
Forces, a policy on deferral of medical treatment of members
pending deployment.
(2) Content.--The policy prescribed under paragraph (1)
shall specify the following matters:
(A) The circumstances under which treatment for medical
conditions may be deferred to be provided within a theater of
operations in order to prevent delay or other disruption of a
deployment to that theater.
(B) The circumstances under which medical conditions are to
be treated before deployment to that theater.

SEC. 1303. BASELINE HEALTH DATA COLLECTION PROGRAM.

(a) Requirement for Program.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1092 the
following new section:

``Sec. 1092a. Persons entering the armed forces: baseline
health data

``(a) Program Required.--The Secretary of Defense shall
carry out a program--
``(1) to collect baseline health data from all persons
entering the armed forces;
``(2) to provide for computerized compilation and
maintenance of the baseline health data; and
``(3) to analyze the data.
``(b) Purposes.--The program under this section shall be
designed to achieve the following purposes:
``(1) To facilitate understanding of how exposures related
to service in the armed forces affect health.
``(2) To facilitate development of early intervention and
prevention programs to protect health and readiness.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1092 the following new item:

``1092a. Persons entering the armed forces: baseline health data.''.

(3) Time for implementation.--The Secretary of Defense
shall implement the program required under section 1092a of
title 10, United States Code (as added by paragraph (1)), not
later than two years after the date of the enactment of this
Act.
(b) Interim Standards for Blood Sampling.--The Secretary of
Defense shall require under the medical tracking system
administered under section 1074f of title 10, United States
Code, that--
(1) the blood samples necessary for the predeployment
medical examination of a member of the Armed Forces required
under subsection (b) of such section be drawn not earlier
than 60 days before the date of the deployment; and
(2) the blood samples necessary for the postdeployment
medical examination of a

[[Page S6974]]

member of the Armed Forces required under such subsection be
drawn not later than 30 days after the date on which the
deployment ends.

SEC. 1304. MEDICAL CARE AND TRACKING AND HEALTH SURVEILLANCE
IN THE THEATER OF OPERATIONS.

(a) Recordkeeping Policy.--The Secretary of Defense shall
prescribe a policy that requires the records of all medical
care provided to a member of the Armed Forces in a theater of
operations to be maintained as part of a complete health
record for the member.
(b) In-Theater Medical Tracking and Health Surveillance.--
(1) Requirement for evaluation.--The Secretary of Defense
shall evaluate the system for the medical tracking and health
surveillance of members of the Armed Forces in theaters of
operations and take such actions as may be necessary to
improve the medical tracking and health surveillance.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
a report on the actions taken under paragraph (1) to the
Committees on Armed Services of the Senate and the House of
Representatives. The report shall include the following
matters:
(A) An analysis of the strengths and weaknesses of the
medical tracking system administered under section 1074f of
title 10, United States Code.
(B) An analysis of the efficacy of health surveillance
systems as a means of detecting--
(i) any health problems (including mental health
conditions) of members of the Armed Forces contemporaneous
with the performance of the assessment under the system; and
(ii) exposures of the assessed members to environmental
hazards that potentially lead to future health problems.
(C) An analysis of the strengths and weaknesses of such
medical tracking and surveillance systems as a means for
supporting future research on health issues.
(D) Recommended changes to such medical tracking and health
surveillance systems.
(E) A summary of scientific literature on blood sampling
procedures used for detecting and identifying exposures to
environmental hazards.
(F) An assessment of whether there is a need for changes to
regulations and standards for drawing blood samples for
effective tracking and health surveillance of the medical
conditions of personnel before deployment, upon the end of a
deployment, and for a followup period of appropriate length.
(c) Plan To Obtain Health Care Records From Allies.--The
Secretary of Defense shall develop a plan for obtaining all
records of medical treatment provided to members of the Armed
Forces by allies of the United States in Operation Enduring
Freedom and Operation Iraqi Freedom. The plan shall specify
the actions that are to be taken to obtain all such records.
(d) Policy on In-Theater Personnel Locator Data.--Not later
than one year after the date of the enactment of this Act,
the Secretary of Defense shall prescribe a Department of
Defense policy on the collection and dissemination of in-
theater individual personnel location data.

SEC. 1305. DECLASSIFICATION OF INFORMATION ON EXPOSURES TO
ENVIRONMENTAL HAZARDS.

(a) Requirement for Review.--The Secretary of Defense shall
review and, as determined appropriate, revise the
classification policies of the Department of Defense with a
view to facilitating the declassification of data that is
potentially useful for the monitoring and assessment of the
health of members of the Armed Forces who have been exposed
to environmental hazards during deployments overseas,
including the following data:
(1) In-theater injury rates.
(2) Data derived from environmental surveillance.
(3) Health tracking and surveillance data.
(b) Consultation With Commanders of Theater Combatant
Commands.--The Secretary shall, to the extent that the
Secretary considers appropriate, consult with the senior
commanders of the in-theater forces of the combatant commands
in carrying out the review and revising policies under
subsection (a).

SEC. 1306. ENVIRONMENTAL HAZARDS.

(a) Report on Training of Field Medical Personnel.--
(1) Requirement for report.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
training on environmental hazards that is provided by the
Armed Forces to medical personnel of the Armed Forces who are
deployable to the field in direct support of combat
personnel.
(2) Content.--The report under paragraph (1) shall include
the following:
(A) An assessment of the adequacy of the training
regarding--
(i) the identification of common environmental hazards and
exposures to such hazards; and
(ii) the prevention and treatment of adverse health effects
of such exposures.
(B) A discussion of the actions taken and to be taken to
improve such training.
(c) Report on Responses to Health Concerns of Members.--
(1) Requirement for report.--Not later than 180 days after
the date of the enactment of this Act, the Assistant
Secretary of Defense for Health Affairs shall submit to the
Secretary of Defense and the Committees on Armed Services of
the Senate and the House of Representatives a report on
Department of Defense responses to concerns expressed by
members of the Armed Forces during post-deployment health
assessments about possibilities that the members were exposed
to environmental hazards deleterious to the members' health
during a deployment overseas.
(2) Content.--The report regarding health concerns
submitted under paragraph (1) shall include the following:
(A) A discussion of the actions taken by Department of
Defense officials to investigate the circumstances underlying
such concerns in order to determine the validity of the
concerns.
(B) A discussion of the actions taken by Department of
Defense officials to evaluate or treat members and former
members of the Armed Forces who are confirmed to have been
exposed to environmental hazards deleterious to their health
during deployments of the Armed Forces.

SEC. 1307. POST-DEPLOYMENT MEDICAL CARE RESPONSIBILITIES OF
INSTALLATION COMMANDERS.

(a) Requirement for Regulations.--The Secretary of Defense
shall prescribe a policy that requires the commander of each
military installation at which members of the Armed Forces
are to be processed upon redeployment from an overseas
deployment--
(1) to identify and analyze the anticipated health care
needs of such members before the arrival of such members at
that installation; and
(2) to report such needs to the Secretary.
(b) Health Care To Meet Needs.--The policy under this
section shall include procedures for the commander of each
military installation described in subsection (a) to meet the
anticipated health care needs that are identified by the
commander in the performance of duties under the regulations,
including the following:
(1) Arrangements for health care provided by the Secretary
of Veterans Affairs.
(2) Procurement of services from local health care
providers.
(3) Temporary employment of health care personnel to
provide services at such installation.

SEC. 1308. FULL IMPLEMENTATION OF MEDICAL READINESS TRACKING
AND HEALTH SURVEILLANCE PROGRAM AND FORCE
HEALTH PROTECTION AND READINESS PROGRAM.

(a) Implementation at All Levels.--The Secretary of
Defense, in conjunction with the Secretaries of the military
departments, shall take such actions as are necessary to
ensure that the Army, Navy, Air Force, and Marine Corps fully
implement at all levels--
(1) the Medical Readiness Tracking and Health Surveillance
Program under this title and the amendments made by this
title; and
(2) the Force Health Protection and Readiness Program of
the Department of Defense (relating to the prevention of
injury and illness and the reduction of disease and noncombat
injury threats).
(b) Action Official.--The Secretary of Defense may act
through the Under Secretary of Defense for Personnel and
Readiness in carrying out subsection (a).

SEC. 1309. OTHER MATTERS.

(a) Annual Reports.--
(1) Requirement for reports.--
(A) Chapter 55 of title 10, United States Code, is amended
by inserting after section 1073a the following new section:

``Sec. 1073b. Recurring reports

``(a) Annual Report on Health Protection Quality.--(1) The
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives each
year a report on the Force Health Protection Quality
Assurance Program of the Department of Defense. The report
shall include the following matters:
``(A) The results of an audit of the extent to which the
serum samples required to be obtained from members of the
armed forces before and after a deployment are stored in the
serum repository of the Department of Defense.
``(B) The results of an audit of the extent to which the
health assessments required for members of the armed forces
before and after a deployment are being maintained in the
electronic database of the Defense Medical Surveillance
System.
``(C) An analysis of the actions taken by the Department of
Defense personnel to respond to health concerns expressed by
members of the armed forces upon return from a deployment.
``(D) An analysis of the actions taken by the Secretary to
evaluate or treat members and former members of the armed
forces who are confirmed to have been exposed to occupational
or environmental hazards deleterious to their health during a
deployment.
``(2) The Secretary of Defense shall act through the
Assistant Secretary of Defense for Health Affairs in carrying
out this subsection.
``(b) Annual Report on Recording of Health Assessment Data
in Military Personnel Records.--The Secretary of Defense
shall issue each year a report on the compliance by the
military departments with applicable policies on the
recording of health assessment data in military personnel
records. The report shall include a discussion of the extent
to which immunization status and

[[Page S6975]]

predeployment and postdeployment health care data is being
recorded in such records.''.
(B) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1073a the following new item:

``1073b. Recurring reports.''.

(2) Initial report.--The first report under section
1073b(a) of title 10, United States Code (as added by
paragraph (1)), shall be completed not later than 180 days
after the date of the enactment of this Act.
(b) Internet Accessibility of Health Assessment Information
for Members of the Armed Forces.--Not later than one year
after the date of the enactment of this Act, the Chief
Information Officer of each military department shall ensure
that the online portal website of that military department
includes the following information relating to health
assessments:
(1) Information on the Department of Defense policies
regarding predeployment and postdeployment health
assessments, including policies on the following matters:
(A) Health surveys.
(B) Physical examinations.
(C) Collection of blood samples and other tissue samples.
(2) Procedural information on compliance with such
policies, including the following information:
(A) Information for determining whether a member is in
compliance.
(B) Information on how to comply.
(3) Health assessment surveys that are either--
(A) web-based; or
(B) accessible (with instructions) in     printer-ready
form by download.

SEC. 1310. USE OF CIVILIAN EXPERTS AS CONSULTANTS.

Nothing in this title or an amendment made by this title
shall be construed to limit the authority of the Secretary of
Defense to procure the services of experts outside the
Federal Government for performing any function to comply with
requirements for readiness tracking and health surveillance
of members of the Armed Forces that are applicable to the
Department of Defense.

amendment no. 3199, as modified

(Purpose: To authorize United Service Organizations, Incorporated (USO)
to procure supplies and services from the General Services
Administration supplies and services on the Federal Supply Schedule)

On page 195, between lines 10 and 11, insert the following:

SEC. 868. AVAILABILITY OF FEDERAL SUPPLY SCHEDULE SUPPLIES
AND SERVICES TO UNITED SERVICE ORGANIZATIONS,
INCORPORATED.

Section 220107 of title 36, United States Code, is amended
by inserting after ``Department of Defense'' the following:
``, including access to General Services Administration
supplies and services through the Federal Supply Schedule of
the General Services Administration,''

amendment no. 3172, as modified

(Purpose: To express the sense of the Senate that perchlorate
contamination of ground and surface water is becoming increasingly
problematic to the public health of people in the United States)

On page 48, between lines 7 and 8, insert the following:

SEC. 326. SENSE OF SENATE ON PERCHLORATE CONTAMINATION OF
GROUND AND SURFACE WATER.

(a) Findings.--The Senate makes the following findings:
(1) Because finite water sources in the United States are
stretched by regional drought conditions and increasing
demand for water supplies, there is increased need for safe
and dependable supplies of fresh water for drinking and use
for agricultural purposes.
(2) Perchlorate, a naturally occurring and manmade compound
with medical, commercial, and national defense applications,
which has been used primarily in military munitions and
rocket fuels, has been detected in fresh water sources
intended for use as drinking water and water necessary for
the production of agricultural commodities.
(3) If ingested in sufficient concentration and in adequate
duration, perchlorate may interfere with thyroid metabolism,
and this effect may impair the normal development of the
brain in fetuses and newborns.
(4) The Federal Government has not yet established a
drinking water standard for perchlorate.
(5) The National Academy of Sciences is conducting an
assessment of the state of the science regarding the effects
on human health of perchlorate ingestion that will aid in
understanding the effect of perchlorate exposure on sensitive
populations.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) perchlorate has been identified as a contaminant of
drinking water sources or in the environment in 34 States and
has been used or manufactured in 44 States;
(2) perchlorate exposure at or above a certain level may
adversely affect public health, particularly the health of
vulnerable and sensitive populations; and
(3) the Department of Defense should--
(A) work to develop a national plan to remediate
perchlorate contamination of the environment resulting from
Department's activities to ensure the Department is prepared
to respond quickly and appropriately once a drinking water
standard is established;
(B) in cases in which the Department is already remediating
perchlorate contamination, continue that remediation;
(C) prior to the development of a drinking water standard
for perchlorate, develop a plan to remediate perchlorate
contamination in cases in which such contamination from the
Department's activities is present in ground or surface water
at levels that pose a hazard to human health; and
(D) continue the process of evaluating and prioritizing
sites without waiting for the development of a Federal
standard.

amendment no. 3245, as modified

(Purpose: To require two reports on operation of the Federal Voting
Assistance Program and the military postal system together with certain
actions to improve the military postal system)

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

SEC. 1022. OPERATION OF THE FEDERAL VOTING ASSISTANCE PROGRAM
AND THE MILITARY POSTAL SYSTEM.

(a) Requirement for Reports.--(1) The Secretary of Defense
shall submit to Congress two reports on the actions that the
Secretary has taken to ensure that--
(A) the Federal Voting Assistance Program functions
effectively to support absentee voting by members of the
Armed Forces deployed outside the United States in support of
Operation Iraqi Freedom, Operation Enduring Freedom, and all
other contingency operations; and
(B) the military postal system functions effectively to
support the morale of the personnel described in subparagraph
(A) and absentee voting by such members.
(2)(A) The first report under paragraph (1) shall be
submitted not later than 60 days after the date of the
enactment of this Act.
(B) The second report under paragraph (1) shall be
submitted not later than 60 days after the date on which the
first report is submitted under that paragraph.
(3) In this subsection, the term ``Federal Voting
Assistance Program'' means the program referred to in section
1566(b)(1) of title 10, United States Code.
(b) Implementation of Recommended Postal System
Improvements.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report setting forth--
(1) the actions taken to implement the recommendations of
the Military Postal Service Agency Task Force, dated 28
August 2000; and
(2) in the case of each such recommendation not implemented
or not fully implemented as of the date of report, the
reasons for not implementing or not fully implementing such
recommendation, as the case may be.

amendment no. 3285, as modified

(Purpose: To amend title 32, United States Code, to provide for the use
of members of the National Guard on full-time National Guard duty for
carrying out homeland security activities in support of Federal
agencies)

On page 208, between lines 16 and 17, insert the following:

SEC. 906. HOMELAND SECURITY ACTIVITIES OF THE NATIONAL GUARD.

(a) Authority.--Chapter 1 of title 32, United States Code,
is amended by adding at the end the following new section:

``Sec. 116. Homeland security activities

``(a) Use of Personnel Performing Full-Time National Guard
Duty.--The Governor of a State may, upon the request by the
head of a Federal agency and with the concurrence of the
Secretary of Defense, order any personnel of the National
Guard of the State to perform full-time National Guard duty
under section 502(f) of this title for the purpose of
carrying out homeland security activities, as described in
subsection (b).
``(b) Purpose and Duration.--(1) The purpose for the use of
personnel of the National Guard of a State under this section
is to temporarily provide trained and disciplined personnel
to a Federal agency to assist that agency in carrying out
homeland security activities.
``(2) The duration of the use of the National Guard of a
State under this section shall be limited to a period of 180
days. The Governor of the State may, with the concurrence of
the Secretary of Defense, extend the period one time for an
additional 90 days to meet extraordinary circumstances.
``(c) Relationship to Required Training.-- A member of the
National Guard serving on full-time National Guard duty under
orders authorized under subsection (a) shall participate in
the training required under section 502(a) of this title in
addition to the duty performed for the purpose authorized
under that subsection. The pay, allowances, and other
benefits of the member while participating in the training
shall be the same as those to which the member is entitled
while performing duty for the purpose of carrying out
homeland security activities. The member is not entitled to
additional pay, allowances, or other benefits for
participation in training required under section 502(a)(1) of
this title.
``(d) Readiness.--To ensure that the use of units and
personnel of the National Guard of a State for homeland
security activities does not degrade the training and
readiness of such units and personnel, the following
requirements shall apply in determining the homeland security
activities that units and

[[Page S6976]]

personnel of the National Guard of a State may perform:
``(1) The performance of the activities may not adversely
affect the quality of that training or otherwise interfere
with the ability of a member or unit of the National Guard to
perform the military functions of the member or unit.
``(2) National Guard personnel will not degrade their
military skills as a result of performing the activities.
``(3) The performance of the activities will not result in
a significant increase in the cost of training.
``(4) In the case of homeland security performed by a unit
organized to serve as a unit, the activities will support
valid unit training requirements.
``(e) Payment of Costs.--(1) The Secretary of Defense shall
provide funds to the Governor of a State to pay costs of the
use of personnel of the National Guard of the State for the
performance of homeland security activities under this
section. Such funds shall be used for the following costs:
``(A) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses (including all
associated training expenses, as determined by the
Secretary), as authorized by State law, of personnel of the
National Guard of that State used, while not in Federal
service, for the purpose of homeland security activities.
``(B) The operation and maintenance of the equipment and
facilities of the National Guard of that State used for the
purpose of homeland security activities.
``(2) The Secretary of Defense shall require the head of an
agency receiving support from the National Guard of a State
in the performance of homeland security activities under this
section to reimburse the Department of Defense for the
payments made to the State for such support under paragraph
(1).
``(f) Memorandum of Agreement.--The Secretary of Defense
and the Governor of a State shall enter into a memorandum of
agreement with the head of each Federal agency to which the
personnel of the National Guard of that State are to provide
support in the performance of homeland security activities
under this section. The memorandum of agreement shall--
``(1) specify how personnel of the National Guard are to be
used in homeland security activities;
``(2) include a certification by the Adjutant General of
the State that those activities are to be performed at a time
when the personnel are not in Federal service;
``(3) include a certification by the Adjutant General of
the State that--
``(A) participation by National Guard personnel in those
activities is service in addition to training required under
section 502 of this title; and
``(B) the requirements of subsection (d) of this section
will be satisfied;
``(4) include a certification by the Attorney General of
the State (or, in the case of a State with no position of
Attorney General, a civilian official of the State equivalent
to a State attorney general), that the use of the National
Guard of the State for the activities provided for under the
memorandum of agreement is authorized by, and is consistent
with, State law;
``(5) include a certification by the Governor of the State
or a civilian official of the State designated by the
Governor that the activities provided for under the
memorandum of agreement serve a State security purpose; and
``(6) include a certification by the head of the Federal
agency that the agency will have a plan to ensure that the
agency's requirement for National Guard support ends not
later than 179 days after the commencement of the support.
``(g) Exclusion From End-Strength Computation.--
Notwithstanding any other provision of law, members of the
National Guard on active duty or full-time National Guard
duty for the purposes of administering (or during fiscal year
2003 otherwise implementing) this section shall not be
counted toward the annual end strength authorized for
Reserves on active duty in support of the reserve components
of the armed forces or toward the strengths authorized in
sections 12011 and 12012 of title 10.
``(h) Annual Report.--The Secretary of Defense shall submit
to Congress an annual report regarding any assistance
provided and activities carried out under this section during
the preceding fiscal year. The report shall include the
following:
``(1) The number of members of the National Guard excluded
under subsection (g) from the computation of end strengths.
``(2) A description of the homeland security activities
conducted with funds provided under this section.
``(3) An accounting of the amount of funds provided to each
State.
``(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard
to perform homeland security activities under this section.
``(i) Statutory Construction.--Nothing in this section
shall be construed as a limitation on the authority of any
unit of the National Guard of a State, when such unit is not
in Federal service, to perform functions authorized to be
performed by the National Guard by the laws of the State
concerned.
``(j) Definitions.--For purposes of this section:
``(1) The term `Governor of a State' means, in the case of
the District of Columbia, the Commanding General of the
National Guard of the District of Columbia.
``(2) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, or
a territory or possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such section is amended by adding at the end the
following new item:

``116. Homeland security activities.''.

amendment no. 3254

(Purpose: To repeal a requirement for an officer to retire upon
termination of service as Superintendent of the Air Force Academy)

On page 84, between the matter following line 13 and line
14, insert the following:

SEC. 535. REPEAL OF REQUIREMENT FOR OFFICER TO RETIRE UPON
TERMINATION OF SERVICE AS SUPERINTENDENT OF THE
AIR FORCE ACADEMY.

(a) Repeals.--Sections 8921 and 9333a of title 10, United
States Code, are repealed.
(b) Clerical Amendments.--Subtitle D of title 10, United
States Code, is amended--
(1) in the table of sections at the beginning of chapter
867, by striking the item relating to section 8921; and
(2) in the table of sections at the beginning of chapter
903, by striking the item relating to section 9333a.

amendment no. 3413, as modified

(Purpose: To amend the Science, Mathematics, and Research for
Transformation (SMART) Defense Scholarship Pilot Program)

On page 285, line 1, insert ``, the Committee on
Governmental Affairs of the Senate, and the Committee on
Government Reform of the House of Representatives'' after
``Representatives''.
On page 285, between lines 9 and 10, insert the following:
(g) Critical Hiring Need.--Section 3304(a)(3) of title 5,
United States Code, is amended by striking subparagraph (B)
and inserting the following:
``(B)(i) the Office of Personnel Management has determined
that there exists a severe shortage of candidates or there is
a critical hiring need; or
``(ii) the candidate is a participant in the Science,
Mathematics, and Research for Transformation (SMART) Defense
Scholarship Pilot Program under section 1101 of the National
Defense Authorization Act for Fiscal Year 2005.''.
On page 285, line 9, strike ``(g)'' and insert ``(h)''.

amendment no. 3246

(Purpose: To permit qualified HUBZone small business concerns and small
business concerns owned and controlled by service-disabled veterans to
participate in the mentor-protege program of the Department of Defense)

At the end of subtitle G of title X, add the following:

SEC. __. MENTOR-PROTEGE PILOT PROGRAM.

Section 831(m)(2) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302
note) is amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(F) a small business concern owned and controlled by
service-disabled veterans (as defined in section 8(d)(3) of
the Small Business Act); and
``(G) a qualified HUBZone small business concern (as
defined in section 3(p) of the Small Business Act).''.

amendment no. 3390, as modified

(Purpose: To express the sense of Congress on the Global Partnership
Against the Spread of Weapons of Mass Destruction)

At the end of subtitle F of title X, add the following:

SEC. 1055. SENSE OF CONGRESS ON THE GLOBAL PARTNERSHIP
AGAINST THE SPREAD OF WEAPONS OF MASS
DESTRUCTION.

It is the sense of Congress that the President should be
commended for the steps taken at the G-8 summit at Sea
Island, Georgia, on June 8-10, 2004, to demonstrate continued
support for the Global Partnership against the Spread of
Nuclear Weapons and Materials of Mass Destruction and to
expand the Partnership by welcoming new members and using the
Partnership to coordinate non-proliferation projects in
Libya, Iraq and other countries; and that the President
should continue to--
(1) expand the membership of donor nations to the
Partnership;
(2) insure that Russia remains the primary partner of the
Partnership while also seeking to fund through the
Partnership efforts in other countries with potentially
vulnerable weapons or materials;
(3) develop for the Partnership clear program goals;
(4) develop for the Partnership transparent project
prioritization and planning;
(5) develop for the Partnership project implementation
milestones under periodic review;
(6) develop under the Partnership agreements between
partners for project implementation; and
(7) give high priority and senior-level attention to
resolving disagreements on site

[[Page S6977]]

access and worker liability under the Partnership.

amendment no. 3273, as modified

(Purpose: To revise and extend the authority for an advisory panel on
review of Government procurement laws and regulations)

On page 158, between lines 6 and 7, insert the following:

SEC. 805. REVISION AND EXTENSION OF AUTHORITY FOR ADVISORY
PANEL ON REVIEW OF GOVERNMENT PROCUREMENT LAWS
AND REGULATIONS.

(a) Relationship of Recommendations to Small Businesses.--
Section 1423 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 106-136; 117 Stat. 1669; 41
U.S.C. 405 note) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Issues Relating to Small Businesses.--In developing
recommendations under subsection (c)(2), the panel shall--
``(1) consider the effects of its recommendations on small
business concerns; and
``(2) include any recommended modifications of laws,
regulations, and policies that the panel considers necessary
to enhance and ensure competition in contracting that affords
small business concerns meaningful opportunity to participate
in Federal Government contracts.''.
(b) Revision and Extension of Reporting Requirement.--
Section 1423(d) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1669; 41
U.S.C. 405 note) is amended--
(1) by striking ``one year after the establishment of the
panel'' and inserting ``one year after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2005'';
(2) by striking ``Services and'' both places it appears and
inserting ``Services,'';
(3) by inserting ``, and Small Business'' after
``Government Reform''; and
(4) by inserting ``, and Small Business and
Entrepreneurship'' after ``Governmental Affairs''.

amendment no. 3284, as modified

(Purpose: To require an independent report on the efforts of the
National Nuclear Security Administration to understand the aging of
plutonium in nuclear weapons)

On page 394, after line 22, insert the following:

SEC. 3122. REPORT ON EFFORTS OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION TO UNDERSTAND PLUTONIUM AGING.

(a) Study.--(1) The Administrator for Nuclear Security
shall enter into a contract with a Federally Funded Research
and Development Center (FFROC) providing for a study to
assess the efforts of the National Nuclear Security
Administration to understand the aging of plutonium in
nuclear weapons.
(2) The Administrator shall make available to the FFROC
contractor under this subsection all information that is
necessary for the contractor to successfully complete a
meaningful study on a timely basis.
(b) Report Required.--(1) Not later than two years after
the date of the enactment of this Act, the Administrator
shall submit to Congress a report on the findings of the
study on the efforts of the Administration to understand the
aging of plutonium in nuclear weapons.
(2) The report shall include the recommendations of the
study for improving the knowledge, understanding, and
application of the fundamental and applied sciences related
to the study of plutonium aging.
(3) The report shall be submitted in unclassified form, but
may include a classified annex.

amendment no. 3434, as modified

(Purpose: To express the sense of the Senate on the effects of cost
inflation on the value range of the contracts to which a small business
contract reservation applies)

On page 164, after line 18, insert the following:

SEC. 816. SENSE OF THE SENATE ON EFFECTS OF COST INFLATION ON
THE VALUE RANGE OF THE CONTRACTS TO WHICH A
SMALL BUSINESS CONTRACT RESERVATION APPLIES.

(a) Sense of the Senate.--It is the sense of the Senate
that--
(1) in the administration of the requirement for
reservation of contracts for small businesses under
subsection (j) of section 15 of the Small Business Act (15
U.S.C. 644), the maximum amount in the contract value range
provided under that subsection should be treated as being
adjusted to the same amount to which the simplified
acquisition threshold is increased whenever such threshold is
increased under law; and
(2) the Administrator for Federal Procurement Policy, in
consultation with the Federal Acquisition Regulatory Council,
should ensure that appropriate governmentwide policies and
procedures are in place--
(A) to monitor socioeconomic data concerning purchases made
by means of purchase cards or credit cards issued for use in
transactions on behalf of the Federal Government; and
(B) to encourage the placement of a fair portion of such
purchases with small businesses consistent with
governmentwide goals for small business prime contracting
established under section 15(g) of the Small Business Act (15
U.S.C. 644(g)).
(b) Simplified Acquisition Threshold Defined.--In this
section, the term ``simplified acquisition threshold'' has
the meaning given such term in section 4(11) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(11)).

amendment no. 3401

(Purpose: To amend the Federal Fire Prevention and Control Act of 1974
to provide financial assistance for the improvement of the health and
safety of firefighters, promote the use of life saving technologies,
and achieve greater equity for departments serving large jurisdictions)

(The amendment is printed in the Record of Monday, June 7,
2004)

amendment no. 3237, as modified

(Purpose: To ensure fairness in the standards applied to members of the
Army in the awarding of the Combat Infantryman Badge and the Combat
Medical Badge for service in Korea in comparison to the standards
applied to members of the Army in the awarding of such badges for
service in other areas of operations)

On page 86, between lines 9 and 10, insert the following:

SEC. 543. PLAN FOR REVISED CRITERIA AND ELIGIBILITY
REQUIREMENTS FOR AWARD OF COMBAT INFANTRYMAN
BADGE AND COMBAT MEDICAL BADGE FOR SERVICE IN
KOREA AFTER JULY 28, 1953.

(a) Requirement for Plan.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of the Army
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a plan for revising
the Army's criteria and eligibility requirements for award of
the Combat Infantryman Badge and the Combat Medical Badge for
service in the Republic of Korea after July 28, 1953, to
fulfill the purpose stated in subsection (b).
(b) Purpose of Revised Criteria and Eligibility
Requirements.--The purpose for revising the criteria and
eligibility requirements for award of the Combat Infantryman
Badge and the Combat Medical Badge for service in the
Republic of Korea after July 28, 1953, is to ensure fairness
in the standards applied to Army personnel in the awarding of
such badges for Army service in the Republic of Korea in
comparison to the standards applied to Army personnel in the
awarding of such badges for Army service in other areas of
operations.

amendment no. 3279, as modified

(Purpose: To require a report on any relationships between terrorist
organizations based in Colombia and foreign governments and
organizations)

On page 269, between lines 2 and 3, insert the following:
(f) Report on Relationships Between Terrorist Organizations
in Colombia and Foreign Governments and Organizations.--(1)
Not later than 60 days after the date of the enactment of
this Act, the Secretary of State shall, in consultation with
the Secretary of Defense and the Director of Central
Intelligence, submit to the congressional defense committees
and the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives a report that describes--
(A) any relationships between foreign governments or
organizations and organizations based in Colombia that have
been designated as foreign terrorist organizations under
United States law, including the provision of any direct or
indirect assistance to such organizations; and
(B) United States policies that are designed to address
such relationships.
(2) The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.

amendment no. 3279

Mr. NELSON of Florida. Mr. President, I rise to address amendment No.
3279 to the pending bill. This amendment asks the administration to
report on any relationships between foreign governments or groups
operating within their territories and foreign terrorist organizations
in Colombia. It also asks the administration to describe United States
policies that are designed to address such relationships.
This amendment, tragically, is extremely timely in light of today's
news. This morning's Miami Herald reported that in Little River,
Colombia, in the province of Norte de Santander, over 30 peasants were
murdered in cold blood. Terrorists entered their residencies and shot
them to death with automatic weapons. The FARC is suspected to have
committed this crime. While Colombia, with tremendous support of the
U.S., has made great strides in fighting narcoterrorism under President
Uribe, there is still much work to be done, as is underscored by
yesterday's events.
The FARC and the ELN, Colombia's two main rebel groups, both of which
have been designated by the United States as foreign terrorist
organizations, continue to conduct terrorist attacks against civilians
in their campaign against the Colombian government. These groups are
also heavily involved in the drug trade that does so

[[Page S6978]]

much harm to Colombia and to our own country. At a time when Colombia
is making slow but steady gains in its long struggle against the FARC,
the last thing it needs is to have neighboring countries providing
assistance to these brutal adversaries.
To be perfectly blunt, my primary concern is with Venezuela. On my
visit to Colombia and Venezuela in April, I heard some disturbing
accounts from various U.S. officials of instances in which the FARC had
been able to cross the line into Venezuela and conduct operations from
that side of the border from virtual safe havens. Colombian authorities
are also suspicious that the Chavez government has been willing to, at
a minimum, look the other way while FARC elements operate in Venezuela,
if not actually permitting some level of coordination.
Threatening to compound the ``safe haven'' problem for the United
States and Colombia is the fact that Venezuela also harbors a potent
market in false documentation, such as passports and other identity
cards. I am increasingly concerned at the ease with which, simply by
buying off officials for $800 or $900, one can acquire fully
legitimate, yet false, documents in Venezuela--everything from a
passport to a driver's license. I am certainly concerned that
international terrorist groups will discover their ability to acquire
and make use of forged Venezuela documents to conduct terrorist
attacks, and I raised these important issues with Venezuelan officials
during my visit.
Naturallly, the Venezuelan government disputes these serious
allegations. What this amendment would do is help us establish the
facts. If groups in Colombia that our government has designated as
foreign terrorist organizations are receiving support or assistance
from Venezuela, or any of Colombia's other neighbors, or any other
state for that matter, we need to know about it and adjust our policies
accordingly.
Right now, Colombia needs all the help it can get from its neighbors.
In asking the administration to report on whether terrorist groups may
have relationships with or be operating in neighboring countries such
as Venezuela, perhaps we can address this problem in a more regional
context and better understand what Colombia is up against.
I thank the chairman and ranking member and their staffs for their
support.

amendment no. 3401

Mr. DODD. Mr. President, it is my understanding that Senate amendment
No. 3401 is acceptable to both the chair and ranking member. This
amendment would reauthorize the Assistance to Firefighters Grant
Program, or the FIRE Act, for the next 6 years.
It is based on bipartisan legislation introduced by Senator DeWine
and myself on May 11, 2004. The bill, S. 2411, currently has 39 co-
sponsors, including the distinguished Chairman and Ranking Member of
the Senate Armed Services Committee.
As many of our colleagues know, the Senate approved by unanimous
consent the original FIRE Act as part of the Defense Authorization bill
4 years ago. There is some precedent, then, for this amendment to the
current Defense Authorization bill, despite the fact that the
legislation falls under the jurisdiction of the Senate Commerce
Committee.
Unless Congress quickly reauthorizes the FIRE Act grant program, it
will expire at the end of the current fiscal year on September 30,
2004. If this legislation is not quickly enacted, fire departments
throughout the Nation will not receive the assistance they need to
fight fires, save lives, and protect their own.
I have consulted with the distinguished Chairman of the Senate
Commerce Committee about the urgency of reauthorizing the FIRE Act
before the fiscal year ends. He is fully aware of the fact that we have
precious few legislative days left on the Senate Calendar. Accordingly,
he has indicated to me his intention to hold a hearing on the
reauthorization bill on July 8, with a markup to follow before the
August recess.
Assuming that this schedule holds firm, my expectation is that
legislation passed by the Commerce Committee would take the place of
amendment No. 3401. In the event that work on the Defense Authorization
Act is not completed this year, I am also prepared to move the FIRE Act
reauthorization as a free-standing bill. Alternatively, should the
Commerce Committee not act on this legislation, the Senate will have at
least acted to reauthorize the FIRE Act adopting amendment No. 3401.

In closing, I thank Senator McCain for his leadership on this issue,
and his unwavering commitment over the years to advancing the cause of
firefighters. I also commend Chairman Warner and Senator Levin for
their willingness to help the Nation's fire services on the Defense
Authorization bill both today and 4 years ago. Finally, I would like to
express my appreciation to Senator Hollings for his wise counsel and
strong support for the FIRE Act initiative.
I yield to the distinguished Senator from Virginia.
Mr. WARNER. Mr. President. I thank the Senator from Connecticut. I am
prepared to accept this amendment based on the understanding he has
reached with the distinguished Chairman of the Commerce Committee.
As Senator Dodd indicated, the Commerce Committee plans to hold a
hearing on the FIRE Act on July 8, with a markup expected shortly
thereafter. I look forward to working with Senators McCain, Dodd, and
DeWine to ensure that this important legislation to help our Nation's
fire departments is enacted into law this year.
Mr. McCAIN. I thank the distinguished Chairman of the Armed Services
and my friend from Connecticut for the opportunity to work with them to
reauthorize this important program.
As Chairman of the committee of jurisdiction over the Assistance to
Firefighters Grant Program, I am familiar with this program's success.
This program provides grants to local fire departments using a
competitive, merit-based review process. I agree with my colleagues
that this program is an example of a well-run government program that
should be reauthorized, and am proud to be a cosponsor of S. 2411.
I have consented to allow Senator Dodd's amendment be added to this
important legislation as a placeholder. The Senate Commerce Committee
intends to hold a hearing on S. 2411 on July 8, 2004, and then we
expect to report the bill out of Committee by the August recess. It is
my intention that this reported version of S. 2411 be used to replace
the placeholder during the conference for S. 2400.
I thank Senators Dodd, Warner, and DeWine for their leadership on
this issue, and look forward to working with them to pass this
legislation this year.
Mr. LEVIN. Mr. President, I move to reconsider the vote.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. WARNER. Before the Senator from New York speaks, I wonder if I
might get the attention of the distinguished whip?
If we can have assurance, as the managers depart the floor, to do
some other work, that this will be the final action on this bill
tonight?
Mr. REID. I will indicate, as both managers know, tomorrow Senator
Lautenberg is going to offer two amendments, Senator Durbin is going to
offer two amendments, Senator Reed is going to offer his amendment, if
he so chooses, on missile defense, and I am going to offer my amendment
on current receipts.
Mr. WARNER. Mr. President, the distinguished Senator from Nevada went
over that with me, and that strikes me as a very good day. If a
Republican Senator desires an amendment, we will work him or her into
the queue as the case may be.
Mr. REID. Absolutely.
Mr. WARNER. Then we might mention also the schedule for Monday?
Mr. REID. On Monday, we have Senator Levin, Senator Dayton, Senator
Byrd, and Senator Bingaman, and there may be others as the day
progresses.
Mr. WARNER. That is correct. These are the amendments that have been
forthcoming on the other side of the aisle.
I am prepared to assist my colleagues on this side if they have
matters, but we are really working toward what the majority leader, in
consultation with

[[Page S6979]]

the distinguished Democratic leader, indicates. We are going to
conclude this bill on Tuesday.
Mr. REID. We will do our very best--Tuesday night or Wednesday
morning. But we are doing quite well.
Mr. WARNER. It is largely due to the tremendous cooperation on both
sides. So we have the assurance that this will be the completion of the
work tonight?
Mr. REID. Absolutely.
Mr. WARNER. I thank the distinguished leader.
Mr. REID. There will be no more votes. The Chair already announced
that. Can the Senator from New York be recognized for 5 minutes?
The PRESIDING OFFICER. Is there objection? The Senator from New York
is recognized for 5 minutes.
Mr. WARNER. And the Senator from Missouri wishes to speak for how
many minutes?
Mr. TALENT. I would like 5, but I probably will not use them.
Mr. WARNER. Five minutes to follow the Senator from New York.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. If the Senator will yield for a unanimous consent, I ask
unanimous consent the Senator from North Dakota, Mr. Conrad, be added
as a cosponsor to amendment No. 3432, which has already been agreed to.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 3163, as modified

Mrs. CLINTON. Mr. President, I rise to thank the chairman and ranking
member for the work they and their staffs have done, along with the
Senator from Missouri and myself and our staffs, to accept an amendment
that addresses two issues critical to our men and women in uniform.
First, through this amendment we are attempting to develop better
policies and information in order to track the health of soldiers and
others in uniform after a deployment overseas.
Second, we are seeking to improve the medical and dental readiness of
our National Guard members and reservists.
Last month, Senator Talent and I introduced the Armed Forces
Personnel Medical Readiness and Tracking Act of 2004. I am delighted
that many of the ideas we have advocated are included in this
legislation because of our amendment.
It has been a pleasure working with my colleague on the Armed
Services Committee, Senator Talent, and with his staff.
When I was First Lady, I worked to bring attention to the problems
and symptoms that many of our veterans returning from the 1991 gulf war
experienced. This constellation of symptoms came to be known as the
Gulf War Syndrome.
During Senate Armed Services Committee hearings in February 2003,
before the current Iraq war, I asked the Chairman of the Joint Chiefs,
General Myers, and each of the Service Chiefs, whether they would be
monitoring and tracking the health of our soldiers who are deployed in
the gulf.
They assured me they would. But I am afraid that based on reports
from soldiers returning from this deployment, we have not done all we
should to screen and track the health of our soldiers. Indeed, several
weeks ago we had several soldiers from the 442 MP unit out of
Orangeburg, NY, who are being treated at Fort Dix for injuries and
symptoms they incurred in Iraq, including headache, sleeplessness, and
many others.
We know very well our enemy stops at nothing. The use of Sarin in an
artillery shell in Iraq last month demonstrates more than ever the need
to have adequate information about the health of our young men and
women.
The legislation we have championed that is being adopted seeks to
establish procedures to ensure that the information is systematically
collected so that, if soldiers return exhibiting certain symptoms,
there will be a base of information on which we can determine what
could have caused that.
The amendment requires the Department of Defense to develop a
comprehensive plan to improve medical readiness and tracking before,
during, and after deployment. It establishes a Joint Medical Readiness
Oversight Committee to advise the Secretary of Defense on the medical
readiness and health status of members of the active Reserve
components.
It requires compliance of the Armed Forces with medical readiness and
tracking policies. It requires that we develop and implement the annual
readiness plan.
The committee will include DOD officials and experts in the military
service organizations, veterans service organizations, and civilians.
Finally, current law requires the information about the health of
soldiers returning from deployment to be collected, but it appears
these provisions are not being enforced. So we require audits of blood
serum collection programs, as well as the predeployment and
postdeployment health assessment database that DOD is supposed to
maintain.
These problems have come to light because of our many Guard and
Reserve members who have been deployed, and we are finding too many
examples where they don't have the requisite medical readiness and
where they are not sufficiently tracked.
This is an effort to do what we should do--the right thing to treat
our young men and women in uniform. I am hoping it provides a good base
for us to learn more about what they are supposed to do during their
deployment in the gulf and elsewhere around the world.
I thank my colleague from Missouri as well as the chairman and
ranking member for working with us and I look forward to seeing this
implemented to further the health of our young men and women.
Thank you, Mr. President.
The PRESIDING OFFICER. The Senator from Missouri.
Mr. TALENT. Mr. President, I wish to say a few words on our
amendment, but before I do that, let me take a minute to compliment
again Senator Bond, who laid down the amendment and Senator Harkin for
cosponsoring it, to assist former employees in Iowa and Missouri who
were affected because they worked in plants that produced the atomic
materials from which we made the atom bombs which won the war and then
kept us safe.
Because of their exposure to the radiation, they have become ill and
they deserve compensation. They are not getting it because of the
convoluted procedures that are currently in place. We simply want to
allow them to be treated separately as already occurs with employees in
the four States.
I admire the way Senator Bond has fought like a tiger for those
employees. I have joined him in doing that.
I appreciate the work of the managers of the bill in trying to figure
out a way to accept that amendment. I hope we can, indeed, do that. It
is just a matter of justice for these employees.
I also wish to speak for a moment about the amendment which Senator
Clinton and I offered based on the legislation which we sponsored
together some weeks ago. I want to return her kind words and say it has
been a pleasure to work with her and her staff on a strong bipartisan
basis to make these changes which we think are necessary to protect the
health of our men and women in the military, and also to make certain
they are ready to be deployed when they need to be deployed. Those are
the two things we are trying to do.
Before employees, service men and women are deployed to combat
theaters, we require that a blood sample be drawn from them, and after
they return that another blood sample be drawn from them.

The point is, it has happened too often in the past where service men
and women coming back from active duty show signs and symptoms of
illness, and we can't figure out what is wrong. We need baseline blood
tests so we can tell the extent to which their blood is deviate and
their health symptoms are deviating from what they were before
deployment. This will give us a clue as to what is wrong with them so
we can avoid another gulf war syndrome episode.
I have had vets from Missouri over several years talking to me about
this issue. We allow the military to do it today, particularly with
regard to reservists and guardsmen because it is often not done because
local commanders want to get them deployed and into the theater.
This is very important and now it will be the law. I am grateful to
the managers of the amendment for accepting that part of the amendment.

[[Page S6980]]

The other point is to simply improve the health of our Active and
Reserve component service men and women. We put in place a joint
committee to oversee the medical tracking system that is supposed to be
in place but isn't implemented as well as it should be.
We require that reservists receive detailed health assessments at
least every 2 years. Right now they only get exams every 5 years.
We require routine health baselines for all our recruits entering the
armed services so we will know the health status of people when they
enter the military.
There are a number of other good measures as well.
I only have 5 minutes. I imagine I have used most of that.
Let us say it has been a pleasure to work with the Senator from New
York and her staff. We are jointly grateful to the Senator from
Virginia and the Senator from Michigan for their openness on this
amendment, and we are pleased that it was agreed to and look forward to
holding it through the rest of the process.
I yield my time.
The PRESIDING OFFICER. The Senator from Kansas is recognized.
Mr. BROWNBACK. Mr. President, I ask unanimous consent that the
pending amendment be set aside.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.

Amendment No. 3235

Mr. BROWNBACK. Mr. President, I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Kansas [Mr. Brownback] proposes an
amendment numbered 3235.

Mr. BROWNBACK. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To increase the penalties for violations by television and
radio broadcasters of the prohibitions against transmission of obscene,
indecent, and profane language)

On page 280, after line 22, 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)''.

Mr. BROWNBACK. Mr. President, on this amendment, I am being joined by
Senator Lieberman and Senator Zell Miller.
It is a simple issue. I want to take a few minutes to explain it. I
am hopeful we will get strong support in this body as in the House. A
similar bill came up earlier in the House and it passed that body 391
to 22. The same issue passed the Commerce Committee in the Senate 14 to
0 on a recorded vote.
It is an issue of fines and decency on over-the-air broadcasts--
whether it be radio or television.
I think it is important to put my comments in context today by
explaining the policy history of this issue; that is, decency on over-
the-air public airwaves.
At the invention of television, our Nation established a public
policy of providing citizens with free over-the-air television. It gave
broadcasters wishing to provide that service with the use of valuable
spectrum. Not everyone can broadcast over the Nation's public airwaves.
These are airwaves owned by the public. That is why the statute
requires the Federal Communications Commission to evaluate not just the
ability but the character of an entity to operate.
When handing out a broadcast license, in return for a license, each
broadcaster agrees not to air indecent or obscene content between the
hours of 6 a.m. and 10 p.m. The broadcaster gets a valuable piece of
spectrum, which is public property. The broadcaster gets the right to
use that. In exchange, one of the requirements is they not broadcast
indecent or obscene content between the hours of 6 a.m. and 10 p.m.
Fines and license revocations have always been the discipline tool
available to the FCC to help enforce America's longstanding commitment
to broadcast decency.
This is an issue about license. It is an issue about the use of
public property, and some modest limitation of that.
We live in a nation where we hold the first amendment in high regard,
as well we should. In an effort to maintain the free exchange of
information, thoughts, and opinions, we strive to avoid government
involvement in communications content.
At the same time, as a nation, we strive to project decency and
justice for all. As a nation raising children, we do the same. With the
turning of a tuning knob, or the click of a remote, minors all across
America are presented with the content of the public airwaves.
Broadcasters have a legal and a moral duty to ensure that American
taxpayers--and especially children--are not assaulted by explicit
material.
For years, we have been asking and waiting for the broadcasters to
police themselves in this effort. Unfortunately, instead of fulfilling
the public interest duty, they have allowed the content to grow
steadily worse and worse.
Meanwhile, the companies that own the broadcast stations have grown
steadily larger--and not surprisingly. Some of these broadcasters'
profit margins have made them immune to the FCC's current fine
structure. Let me give you an example.
Today's maximum fine for an indecent broadcast is $27,500. That seems
like a lot of money--and it is to some. But it isn't to others. Compare
that fact to a 30-second commercial during the 2004 Super Bowl which
cost advertisers an average of $2.3 million for a 30-second ad.

In the words of the FCC Commissioner, Michael Powell, these fines are
peanuts to the big media conglomerates. That is why we are here to
increase the fine structure for indecency and obscene broadcasts. The
threat of these fines will be taken seriously and force broadcasters to
protect their consumers from explicit content.
Nothing in this amendment forges any new ground in broadcast decency
law. The intent is simple: To increase the fines for indecent
broadcasts to mask the realities of today's media markets. This
amendment would increase the maximum fines tenfold, from $27,500 to
$270,000, with a maximum $3 million cap per incident per day.
Why do we need to do this? We need this amendment to end the growing
volume of graphic content on free over-the-air broadcasts. Remember,
broadcasters profit from exclusive and free use of the public airwaves
which gives them unique access to all Americans, particularly America's
youth. With that access to our country's intellectual, moral, and
social development comes a set of moral and social responsibilities and
obligations that are agreed to in the licensing process.
I am very disappointed by the apparent confusion the broadcasters are
having between the right to do something and the right thing to do when
it comes to the public airwaves.
Recently, FOX and VIACOM announced they were going to appeal the FCC
Bono ruling so they can use the ``F'' word on broadcast television.
This is their response in spite of the fact that the FCC overturned the
original rule in response to a fierce public outcry.
This hostile response the public is getting from broadcasters is
inexcusable. We see time and again media leaders defending their
profit-driven

[[Page S6981]]

motives by airing explicit content and then falsely hiding behind their
so-called first amendment rights. Broadcasters have joined the shock
jocks of the country to shout down those who publicly question harmful
content as an anti-first-amendment censor. In abandoning their duty to
adhere to decency standards, broadcasters point to the absence of
decency regulations on cable television. This is just a red herring. We
are talking about public airwaves and a public right to air decent
material.
The broadcasters argue they have a right to air indecent, obscene,
and profane material. But that is a disgraceful abuse of the first
amendment. I support the first amendment and its guarantees of free
speech. It is the basis of much of the freedoms we enjoy in our great
democracy. But there are limits, and particularly here, where we are
dealing with a public license and the use of public property where the
licensee has agreed to not broadcast indecent material.
This principle has been affirmed by the Supreme Court of the United
States in the famous Pacifica case where it was upheld that the
Government had the right to protect the public airwaves. This case came
to the Court in the early 1970s when George Carlin's famous ``filthy
words monologue'' was broadcast during the middle of the day on a New
York radio station owned by Pacifica Foundation. A father driving with
his son heard the broadcast and complained to the FCC. The FCC said
that if those kinds of words were used again, the radio station airing
them would be fined. Just like today, the broadcasters challenged the
ruling and the case went all the way to the Supreme Court. The Court
upheld the FCC action and added that it could continue to fine
broadcasters in the future because broadcasters had to take special
care not to air material that would offend or shock children.

The majority opinion stressed that of all the forms of communication,
broadcasting has the most limited first amendment protection because it
extends into the privacy of the home and is uniquely accessible to
children.
The FCC has been too lax for too long enforcing the law on
broadcasters. A recent public outcry has been a wake-up call for the
FCC. The Commission told us they do not have all the tools they need
for effective enforcement. That is why we are here today.
Passing this legislation will tell the broadcasters that we are
serious about protecting our airwaves and we will give the FCC updated
tools to get the job done. I don't know if I need to remind my
colleagues that this came to the forefront at this year's Super Bowl,
an event families across the country watch together. At the halftime
show, the incident between Justin Timberlake and Janet Jackson set off
a firestorm that had been brewing for a long period of time.
Finally people said: Look, I have had enough; I don't want to see
this any more, particularly when I am watching TV with my family. That
is what launched this forward.
We have been waiting for years for the broadcasters to voluntarily
take care of this growing problem. They have failed. Instead, they are
fighting tooth and nail for the availability to air graphic material so
they can increase their profit margins.
America deserves better. That is why we need to make the consequences
of broadcasting indecency punitive so the standards are no longer
ignored.
I urge my colleagues to vote for this amendment. Increasing the fines
will help clean up our Nation's free, over-the-air television and radio
by holding accountable broadcasters who use the public airwaves and
individuals who use the opportunity of a live performance to gain
notoriety through indecent acts.
As I noted previously, this has been considered by the Senate
Commerce Committee and it has passed unanimously in that committee. It
has been considered previously by the House of Representatives, which
has voted 391 in favor with only 22 against increasing these fines.
They actually have some teeth in today's marketplace. I urge my
colleagues to vote for this amendment.
I ask for the yeas and nays when we vote on this Monday. I further
ask unanimous consent that when we go back to this amendment on Monday
that I be recognized first to speak if there are any further amendments
that are proposed to this that are to be considered on Monday.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator has requested the yeas and nays.
Mr. BROWNBACK. Mr. President, I have been informed that we need
colleagues on the other side to respond to yeas and nays and I will not
ask for that until we do get that agreement from my colleagues on the
other side of the aisle.
I yield the floor.
The PRESIDING OFFICER. The Senator from Montana is recognized.
Mr. BURNS. Mr. President, I send to the desk a second-degree
amendment to the pending amendment.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:

The Senator from Montana [Mr. Burns], for himself and Mr.
Ensign, proposes an amendment numbered 3457 to amendment No.
3235.

Mr. BURNS. Mr. President, I ask unanimous consent that the reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end of the amendment, add the following:

SEC.   . ADDITIONAL FACTORS IN INDECENCY PENALTIES;
EXCEPTION.

Section 503(b)(2) of the Communications Act of 1934 (47
U.S.C. 503(b)(2)), as amended by section 102 of this Act, is
further amended by adding at the end the following:
``(F) In the case of a violation in which the violator is
determined by the Commission under paragraph (1) to have
uttered obscene, indecent, or profane material, the
Commission shall take into account, in addition to the
matters described in subparagraph (E), the following factors
with respect to the degree of culpability of the violator:
``(i) Whether the material uttered by the violator was live
or recorded, scripted or unscripted.
``(ii) Whether the violator had a reasonable opportunity to
review recorded or scripted programming or had a reasonable
basis to believe live or unscripted programming would contain
obscene, indecent, or profane material.
``(iii) If the violator originated live or unscripted
programming, whether a time delay blocking mechanism was
implemented for the programming.
``(iv) The size of the viewing or listening audience of the
programming.
``(v) The size of the market.
``(vi) Whether the violation occurred during a children's
television program (as such term is used in the Children's
Television Programming Policy referenced in section
73.4050(c) of the Commission's regulations (47 C.F.R.
73.4050(c)) or during a television program rated TVY, TVY7,
TVY7FV, or TVG under the TV Parental Guidelines as such
ratings were approved by the Commission in implementation of
section 551 of the Telecommunications Act of 1996, Video
Programming Ratings, Report and Order, (CS Docket No. 97-55,
13 F.C.C. Rcd. 8232 (1998)), and, with respect to a radio
broadcast station licensee, permittee, or applicant, whether
the target audience was primarily comprised of, or should
reasonably have been expected to be primarily comprised of,
children.
``(G) The Commission may double the amount of any
forfeiture penalty (not to exceed $550,000 for the first
violation, $750,000 for the second violation, and $1,000,000
for the third or any subsequent violation not to exceed up to
$3,000,000 for all violations in a 24 hour time period
notwithstanding section 503(b)(2)(C)) if the Commission
determines additional factors are present which are
aggravating in nature, including--
``(i) whether the material uttered by the violator was
recorded or scripted;
``(ii) whether the violator had a reasonable opportunity to
review recorded or scripted programming or had a reasonable
basis to believe live or unscripted programming would contain
obscene, indecent, or profane material;
``(iii) whether the violator failed to block live or
unscripted programming;
``(iv) whether the size of the viewing or listening
audience of the programming was substantially larger than
usual, such as a national or international championship
sporting event or awards program;
``(v) whether the obscene, indecent or profane language was
within live programming not produced by the station licensee
or permittee; and
``(vi) whether the violation occurred during a children's
television program (as defined in subparagraph (F)(vi)).''.

Mr. BURNS. This is a friendly second-degree amendment. We have talked
about and, of course, we know that the bill that has been voted out of
the committee and is waiting for floor action moves this along.
We were all shocked and dismayed over the spectacle at the Super Bowl
this year. Those responsible should be severely punished for such a
vulgar display of tastelessness.
That being said, this high-profile, well-publicized incident could
prompt

[[Page S6982]]

Congress to go too far. In some areas of this bill, we did go too far.
This second-degree amendment fixes that.
While I fully support the underlying Brownback legislation, I am
offering this second-degree amendment to protect the interests of small
broadcasters that should not be punished for the events outside of
their control.
I am sorry I did not see the halftime show during the Super Bowl. I
saw who it was going to be. It was put on by MTV, which I never watch,
for very good reason. It ought to be a pay channel. I moved over to the
poker tournament on ESPN, so I missed the whole spectacle. But,
nonetheless, lots of families did not.

In the case of the Super Bowl, for example, many affiliates were
furious their viewership was exposed to such a spectacle. The amendment
I offer simply calls on the FCC to consider the size and revenues of
the stations in question, as well as whether they had anything to do
with producing the offensive content in question. In other words, we
have small market television stations that have no control on content
but may find themselves in a lawsuit for indecent content that might be
broadcast.
Finally, I believe, as we approach these issues, we must take a hard
look at the declining standards across all media. I understand there
have been industry efforts to develop indecency guidelines that will
apply fairly and evenly across all media platforms that distribute
content. I think this approach could prove enormously beneficial in
setting unified standards so individual broadcasters understand what is
expected of them. Additional clarity in terms of content standards
would also eliminate excuses among those who choose to push the
envelope, the limits of vulgarity for commercial gain.
Nothing in the broadcast industry has been talked about so much as
the halftime at this year's Super Bowl. It has absolutely been on the
minds of broadcasters across this country.
The American people clearly expect Congress to act on the indecency
issue. So I call on my colleagues to adopt this second-degree amendment
I have offered, which will help to produce real solutions without
unduly penalizing small broadcasters.
Mr. President, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BROWNBACK. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BROWNBACK. Mr. President, in speaking to the Burns second-degree
amendment, this is an amendment that was considered in the Commerce
Committee and added to the base bill at that time. What he is proposing
to do makes a lot of sense. I do not see a problem with that at all, so
I would be supportive of doing that.
Overall, we want to get this to move it forward. The House has moved
on this action. The FCC is seeking this authority. So we really want to
try to get this to move on through the process, if at all possible. We
are not having further rollcall votes until Monday, so we will proceed
at that time, and I will ask for a rollcall vote then.
Mr. GREGG. Mr. President, earlier today the Senate adopted the Murray
amendment No. 3427, to facilitate the availability of childcare for the
children of members of the Armed Forces on active duty in connection
with Operation Iraqi Freedom or Operation Enduring Freedom.
I support that amendment but wanted to additionally acknowledge
efforts that are already underway in the private sector to help support
those who are risking their lives to keep us safe.
I would like to speak about the American spirit. We are a people who
can do great things when united. We have witnessed this in recent
months with dozens of home-front stories of the many great deeds of
Americans in support of our troops and our Nation's efforts abroad in
the war on terror.
There is Spirit of America, a private group which set out to raise
$100,000 to build TV stations in Iraq. Americans responded with
thousands of donations totaling $1.52 million. Federal Express donated
the domestic shipping costs of the equipment for this gift to the
country of Iraq. Those stations are being built now and will offer the
Iraqi people a national and independent news source that is not Al-
Jazeera. This is great.
This American spirit is also responsible for the gift of 10,000
school supply kits, 3 tons of medical supplies, and 2 tons of
`friendship' Frisbees to the Iraqi people, all paid for and donated by
Americans.
You hear about American students donating books to Iraqi schools and
sending letters to Iraqi children.
And now, thousands of childcare providers have united across the
country to donate childcare services to National Guard and Reserve
members home on 2 week R&R leave from Iraq and Afghanistan to allow
them to carry out personal business, take their spouses out on a date,
or enjoy other recreational activities while they are home.
Operation Childcare is an effort of the Nation's network of childcare
resource and referral, NACCRRA, their local agencies, and thousands of
childcare providers across the country to give back to those men and
women who are fighting to keep us safe. This program was designed for
those members of the military who do not live near military bases and
therefore do not have access to family support programs provided to
Active-Duty personnel.

So far, over 4,700 centers and individual providers have signed on to
Operation Childcare. In my home State of New Hampshire there are 35
providers who are donating childcare to our guardsmen and reservists.
These numbers continue to grow, as more people hear about the program.
Childcare providers who volunteer their time for Operation Childcare
will receive official recognition, but I suspect many would agree with
one childcare provider in Tennessee who said:

You don't have to recognize me--I am just thrilled and
honored to be able to do something to help our troops.

NACCRRA should be applauded for their efforts in organizing this
service for our service members.
This is but a snapshot of the home-front efforts being carried out by
thousands of Americans across this country. The American people are
truly united behind our men and women in uniform. This is the American
spirit that continues to inspire.
Mr. DeWINE. Mr. President, I am pleased to put my full support behind
an agreement made between Senators Dodd, McCain, Warner, Levin, and
Hollings to attach the Assistance to Firefighters Act of 2004, as
amendment No. 3309, to the pending Department of Defense Authorization
bill.
Each day, we entrust our lives and the safety of our families,
friends, and neighbors to the capable hands of the brave men and women
in our local police departments. These individuals are willing to risk
their lives and safety out of a dedication to their citizens and their
commitment to public service.
We ask local firefighters to risk no less than their lives, as well,
every time they respond to an emergency fire alarm, a chemical spill,
or as we saw on September 11--terrorist attacks. We ask them to risk
their lives responding to the nearly 2 million reports of fire that
they receive on an annual basis. Every 18 seconds while responding to
fires, we expect them to be willing to give their lives in exchange for
the lives of our families, neighbors, and friends. One hundred
firefighters lost their lives in 2002 in the line of duty, and nearly
450 lost their lives in 2001. The unyielding commitment these
individuals have made to public safety surely deserves an equally
strong commitment from the Federal Government.
In 2000, Congress affirmed the value of having a properly trained,
equipped, and staffed fire service by passing the Firefighter
Investment and Response Enhancement, FIRE, Act--legislation that
Senator Dodd and I introduced, along with Congressmen Pascrell, Weldon,
and many others, on the House side. In the 4 years since the FIRE Act
became law, fire departments have made significant progress in terms of
filling the substantial needs outlined in the National Fire Protection
Association's ``needs assessment.''
To date, Congress has appropriated nearly $2 billion dollars for the
FIRE Act program. Virtually every penny of

[[Page S6983]]

that amount has gone directly to local fire departments through FIRE
grants to provide firefighter personal protective equipment, training
to ensure more effective firefighting practices, breathing apparatus,
new firefighting vehicles, emergency medical services supplies, fire
prevention programs, and other important uses.
The direct nature of the FIRE Act grant program--funds literally go
straight from the Federal Government to local fire departments--is an
extremely important aspect of the law, particularly in light of the
difficulties we are seeing with other homeland security grant programs
getting money to flow directly to the intended recipients.
FIRE Act grants are awarded based on a competitive, peer-review
process that helps ensure that the most important needs are filled
first and that funding will be used in an effective manner. I am proud
to note that 86 of Ohio's 88 counties have received FIRE Act funding up
to this point and that the fire service in my home state is much better
prepared to respond to emergencies as a result. The bottom line is
this: The FIRE Act program has proven to be an extremely valuable tool
for fire-based first responders.
The time has come to reauthorize this important legislation--to build
upon the successes of the original FIRE Act and to refine the program
where improvements can be made. Amendment No. 3309, which I am offering
along with Senator Dodd, accomplishes just that.
Our amendment focuses on four central themes. First, we take steps to
make the grant program more accessible for fire departments serving
small, rural communities and to eliminate barriers to participation
faced by departments serving heavily populated jurisdictions. Second,
we codify changes made in program administration since its transfer to
the recently created Department of Homeland Security. Third, the
amendment increases the emphasis within the program on life-saving
Emergency Medical Services and technologies. And fourth, we evaluate
the program through a series of reports to help ensure that resources
are targeted to the areas of greatest need. These priorities have been
developed jointly with the fire service, and represent a means to
strengthen the FIRE Act program for years to come.
Our amendment would help the FIRE Act program more accessible for
fire departments serving the very largest and smallest jurisdictions in
America. Our experience over the past four years has been that a number
of features in the program make participation difficult for departments
serving these populations. Career fire departments, most of which serve
populations well in excess of 50,000, have been receiving only a small
percentage of the total grants thus far. After consulting with the fire
service organizations, fire chiefs in my home State of Ohio, and
officials administering the program at the Department of Homeland
Security, we have found that there are two main reasons why this has
been the case.
First, matching requirements for large departments, currently fixed
at 30 percent, have been particularly difficult to meet. Second,
current law dictates that departments--whether they serve a large city,
such as Cleveland and have numerous fire stations, or a small town,
such as Cedarville, OH, and have only one station--are eligible for the
exact same level of funding each year: $750,000. These two elements of
the current program have caused a number of large fire departments to
forgo applying for FIRE grants. With respect to smaller, often
volunteer-based departments serving populations of 20,000 or less,
budgets are often so limited that meeting the current match is simply
not possible. Many of these departments struggle with even the most
basic needs, such as having an adequate number of staff available to
respond to a structure fire.

Our legislation addresses each of these problems in a simple and
straightforward fashion. Specifically, the amendment would reduce
matching requirements by one third for departments serving communities
of 50,000, and by one half for departments serving 20,000 or fewer
residents in order to encourage increased participation by these
departments. The amendment also would re-structure caps on grant
amounts to reflect population served, with up to $2,250,000 for
departments serving one million or more, $1,500,000 for departments
serving between 500,000 and one million, and $1,000,000 for departments
serving fewer than 500,000 residents. Together, these two changes would
go a long way toward increasing the accessibility of the program for
the very largest and smallest departments in the United States.
The second major component of our legislation has to do with the
transfer of the FIRE Act Administration from the Federal Emergency
Management Administration, FEMA, to the Department of Homeland
Security, DHS. When FEMA's functions were transferred into the DHS, the
FIRE grant program, along with the U.S. Fire Administration, also were
transferred to DHS. As a part of that transfer, formal administration
of the FIRE grant program has been delegated to the Department to the
Office of Domestic Preparedness, ODP, which oversees all DHS grant
programs. While the U.S. Fire Administration--the real fire experts
within the Federal Government--remains involved, we need to take steps
to formalize the management of the program following the transfer to
DHS.
There are a number of reasons for solidifying program administration
in law, chief among them being the ability of fire departments across
our Nation to plan for the future, and the ability to ensure an ongoing
role for fire experts in the process. First, our amendment gives the
Secretary of Homeland Security overall authority for the program. This
just makes sense given the Secretary's current home within ODP.
Additionally, the amendment would codify in law practices currently in
use by ODP--peer review by experts from national fire service
organizations, a formal role for the U.S. Fire Administration, and
collaborative meetings to recommend grant criteria.
These steps would benefit the program for years to come and would
help bring stability to the increasingly mature FIRE grant program.
Perhaps more importantly, formalizing the role of the U.S. Fire
Administrator and national fire service organizations would help
resolve a fundamental tension between the mission of the FIRE Act
program, to improve firefighting and EMS resources nationwide for all
hazards, and the mission of its caretaker, ODP, to focus on terrorism
prevention and response.
It makes sense for ODP, as the central clearinghouse for grant
programs within DHS, to manage the FIRE grant program. Equally so, it
makes sense to build features into the program which would help ensure
that the FIRE grant program will remain dedicated solely to the fire
and Emergency Medical Services, EMS, communities and will not be
diluted over time into a generic terrorism-prevention program. Our
amendment carefully strikes this balance.
The third major focus of this amendment is on finding ways to improve
safety and to save lives. We do this in a number of ways. First, we
have teamed up with national fire service organizations to incorporate
firefighter safety research into the fire prevention and safety set-
aside program. This new research, supported by a 20 percent increase in
funds for the prevention and safety set-aside, would help reduce the
number of firefighter fatalities each year and would dramatically
improve the health and welfare of firefighters nationwide.
Second, we place an increased emphasis on Emergency Medical Services.
In most communities, the fire department is the chief provider for all
emergency services, including EMS. To illustrate this point, a 2002
National Fire Protection Association study indicates that fire
departments received more than seven times as many calls for EMS
assistance as they did for fires. When our family members, neighbors,
and friends need immediate medical help, we turn to EMS providers, and
we rely on this help to be as effective and timely as possible. It is
our duty in structuring the FIRE grant program, then, to do everything
we can to give EMS squads the assistance they need to carry out this
important mission.
Despite the overwhelming ratio of EMS calls to fire calls, the FIRE
grant program has not adequately reflected the importance of EMS over
the past few years, with about 1 percent of all grants going
specifically for EMS purposes. While there is no question that a

[[Page S6984]]

number of other grants have indirectly benefited EMS and that
departments do invest their own money into this service, more can and
should be done through the FIRE Act to boost our EMS capabilities
nationwide. To accomplish this goal, we do a number of things in the
amendment, including specifically including fire-based EMS
professionals in the peer review process and allowing EMS grant
requests to be combined with those for equipment and training. We have
already seen evidence that new, combined structure is making excellent
progress this year in shifting a greater emphasis to EMS within the
program.

Additionally, we include language to incorporate independent,
nonprofit EMS squads into the FIRE grant program for the first time.
While our work with national fire service organizations on this
particular provision has been productive and is ongoing, its intent is
clear--and that is to try to bring the emphasis within the FIRE grant
program on EMS closer to the level of demand in the field for this
life-saving service. I am pleased that we have this language in the
amendment and believe that through markup in the Commerce Committee
next month, and perhaps later during conference consideration of the
underlying bill, we can find an even better solution for increasing
support for EMS.
Third, we create a new incentive program within the FIRE Act that
encourages departments to invest in life-saving Automated External
Defibrillator, AED, devices. These devices are capable of dramatically
reducing the number one cause of firefighter death in the line of
duty--heart attacks. Our incentive program essentially says to fire
departments that if you equip each of your firefighting vehicles with a
defibrillator unit, we will give you a one-time discount on your
matching requirement. Congress has expressed, time and again, strong
support for getting these devices out to communities through various
grant programs. It is our hope that we can maintain that commitment by
extending support for lifesaving defibrillator technologies to fire
departments across the country.
Fourth, we eliminate a burdensome and unintended matching requirement
for fire prevention grants. These grants generally go to non-profit
organizations, such as National SAFE KIDS, to provide for fire safety
awareness campaigns, smoke detector installations in low-income
housing, and other important prevention efforts. Though no match was
required in the first few years of the program, a recent legal opinion
from the Office of Domestic Preparedness has reversed course and
instituted a 10 percent match for grantees. This unanticipated
requirement, which is extremely difficult for nonprofits with limited
capital, has had a debilitating effect on the prevention program and
needs to be eliminated. Our legislation does just that.
Together, these commonsense features of our amendment would
dramatically improve the safety of our communities, as well as the
firefighters who bravely serve them.
The fourth section of this amendment centers on a comprehensive
review of the FIRE grant program. This review, to be conducted in part
by the National Fire Protection Association, and in part by the General
Accounting Office, GAO, seeks to evaluate the program with an eye
toward ensuring that resources are targeted to the areas of greatest
need. A similar study by the National Fire Protection Association
conducted shortly after passage of the initial FIRE Act was extremely
helpful as far as identifying the nature of the fire service needs.
Ultimately, this part of the amendment is about making sure that the
billions of taxpayer dollars authorized by this legislation are used in
the most responsible and effective manner possible.
Our amendment is a good amendment. It is comprehensive and
collaboratively drafted with input from fire and emergency services
experts from across the country. The National Safe Kids Campaign, the
International Association of Fire Fighters, the International
Association of Fire Chiefs, the National Volunteer Fire Council, the
International Association of Arson Investigators, the International
Society of Fire Service Instructors, and the National Fire Protection
Association, among others, all support our legislation.
Furthermore, the process agreed upon between Senators Dodd, McCain,
and Warner for consideration of our amendment is a good process.
Senator McCain, in his capacity as chairman of the Committee of
jurisdiction--the Commerce Committee--has graciously agreed to allow
our amendment to be attached to the underlying bill, with the
expectation that language reported out of his committee next month will
be inserted in its place during conference negotiations. This
arrangement gives our legislation the best possible opportunity to pass
the Senate, with the added benefit of thorough deliberative
consideration through the committee structure. I appreciate Chairman
McCain's, and ranking member Hollings' willingness to take this
approach, Senator Dodd's hard work to reach a positive resolution to
the matter, and Senators Warner and Levin's willingness to facilitate
this agreement by accepting the amendment at this time. The efforts of
all three Senators deserve the praise of the firefighting community.
As was the case in 2000, the Department of Defense authorization bill
has become the vehicle of choice for the FIRE Act legislation. I am
optimistic that the final result this year will be the same as it was
then, concluding with passage of our amendment into law. I am proud to
introduce this amendment with my friend and colleague from Connecticut
and look forward to working to ensure that the Federal Government
increases its commitment to the men and women who make up our local
fire departments. We owe them and their service and dedication nothing
less than our full support.

science & technology funding levels

Mr. SANTORUM. Mr. President, I rise today to engage the distinguished
Senator from New Mexico, Senator Jeff Bingaman, concerning the
Department of Defense Science and Technology--S&T--program. Senator
Bingaman and I are both former members of the Senate's Committee on
Armed Services and have a deep appreciation for the importance of the
Department of Defense's S&T program in meeting current and future
defense needs.
Mr. BINGAMAN. The Senator from Pennsylvania is correct in noting our
strong support for the Department's S&T programs. During the 106th
Congress, I introduced an amendment--SA 199--cosponsored by Senators
Santorum, Kennedy, and Lieberman, to S. Con. Res. 20, the Senate's
Budget Resolution for Fiscal Year 2002, that was designed to ensure the
long-term national security of the United States through a robust
Department of Defense S&T program. Additionally, during the 105th
Congress, I introduced an amendment--SA 2999--cosponsored by Senators
Santorum and Lieberman, to S. 2057, the Fiscal Year 1999 National
Defense Authorization Act, articulating a sense of the Senate on the
ideal level of funding for our Department of Defense's S&T program.
Mr. SANTORUM. The Senator from New Mexico is correct. He has been a
strong advocate for our Department of Defense S&T program for many
years. It is worth noting that together, we have succeeded in raising
the profile of these budget accounts and helped to influence the levels
requested for the S&T program in the annual budget request submitted by
this and other administrations. I also want to thank Senator Bingaman
for his support for my amendment--SA 182--to H. Con. Res. 83, the
Senate's Budget Resolution for Fiscal Year 2002, which sought to
increase funding devoted to the Department of Defense's Basic
Research--6.1--account. It is by investing in these budget accounts
that we will reap the technology benefits that will sustain our
military edge over our adversaries.
Mr. BINGAMAN. We also agree that by funding these vital programs at
over 3 percent of the total Defense Department budget, we will be
demonstrating a commitment and leadership in an area critical to U.S.
national security. Past research carried out with S&T program funding
has provided the foundation for protecting U.S. military personnel and
ensuring U.S. technological superiority on the battlefield. Hand-held
translators, unmanned systems, thermobaric bombs, and laser-guided and
global positioning systems are just a few examples of the many
technologies resulting from S&T investments that are used today to
remove personnel from harm's way, enhance

[[Page S6985]]

battlespace awareness, and address new threats.
Mr. SANTORUM. Additionally, we are united in advocating continued
support for these critical programs so we can meet our national
security needs of tomorrow. The Department of Defense's S&T program
provides a unique contribution to the job of equipping and protecting
our men and women in uniform and defending America. S&T funding
supports education and training for future scientists and engineers--
leading to technological advancements that shape defense technologies,
including engineering, mathematics, and physical, computer and
behavorial sciences. Throughout the decades of the 1950s, 1960s, 1970s
and 1980s, the Department of Defense and other federal agencies
sustained their commitments to these investments in American
universities. This investment can be measured by the number of systems
relied upon by America today to project power and maintain our
interests around the globe.
Mr. BINGAMAN. Furthermore, American universities offer the Department
of Defense the laboratories and knowledge base necessary to
successfully complete this transformation objective. The Department of
Defense has historically played a major federal role in funding basic
research and has been a significant sponsor of engineering research and
technology development conducted in American universities.
Mr. SANTORUM. Senator Bingaman is correct. For over 50 years,
Department of Defense investment in university research has been a
dominant element of the Nation's research and development
infrastructure and an essential component of the United States capacity
for technological innovation.
Mr. BINGAMAN. I thank Senator Santorum for his observations on the
importance of robust Department of Defense S&T program funding, and I
urge that we continue to advocate funding the S&T program at a level of
at least at 3 percent of the total Department of Defense appropriation.
Mr. SANTORUM. The Senator is correct in his statement and I too
support the 3 percent S&T program funding goal.
Mr. FRIST. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________