To protect children from violent programming.

TEXT OF AMENDMENTS

SA 3464. Mr. BROWNBACK proposed an amendment to amendment SA 3235
proposed by Mr. Brownback to the bill S. 2400, to authorize
appropriations for fiscal year 2005 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; as follows:

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

SEC.__. BROADCAST DECENCY ENFORCEMENT ACT OF 2004.

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

SA 3465. Mr. REID (for Mr. Dorgan (for himself, Ms. Snowe, and Ms.
Cantwell)) proposed an amendment to

[[Page S7196]]

amendment SA 3235 proposed by Mr. Brownback to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; as follows;

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

SEC.   .BROADCAST DECENCY ENFORCEMENT ACT OF 2004.

(a) Short Title.--This section may be cited as the
``Broadcast Decency Enforcement Act of 2004''.
(b) Purpose.--The purpose of this section is to increase
the FCC's authority to fine for indecent broadcasts and
prevent further relaxation of the media ownership rules in
order to stem the rise of indecent programming.
(c) Findings.--The Congress makes the following findings:
(1) Since 1996 there has been significant consolidation in
the media industry, including:
(A) Radio.--Clear Channel Communications went from owning
43 radio stations prior to 1996 to over 1200 as of January
2003; Cumulus Broadcasting, Inc. was established in 1997 and
owned 266 stations as of December 2003, making it the second-
largest radio ownership company in the country; and Infinity
Broadcasting Corporation went from owning 43 radio stations
prior to 1996 to over 185 stations as of June 2004;
(B) Television.--Viacom/CBS's national ownership of
television stations increased from 31.53% of U.S. television
households prior to 1996 to 38.9% in 2004; GE/NBC's national
ownership of television stations increased from 24.65% prior
to 1996 to 33.56% in 2004; NewsCorp/FOX's national ownership
of television stations increased from 22.05% prior to 1996 to
37.7% in 2004;
(C) Media mergers.--In 2000, Viacom merged with CBS and
UPN; in 2002, GE/NBC merged with Telemundo Communications,
Inc. and in 2004 with Vivendi Universal Entertainment; in
2003 News Corp./Fox acquired a controlling interest in
DirecTV; in 2000, Time Warner, Inc. merged with America
Online.
(2) Over the same period that there has been significant
consolidation in the media industry the number of indecency
complaints also has increased dramatically. The largest
owners of television and radio broadcast holdings have
received the greatest number of indecency complaints and the
largest fines, including:
(A) Over 80% of the fines proposed by the Federal
Communications Commission for indecent broadcasts were
against stations owned by two of the top three radio
companies. The top radio company alone accounts for over two-
thirds of the fines proposed by the FCC;
(B) Two of the largest fines proposed by the FCC were
against two of the top three radio companies;
(C) In 2004, the FCC received over 500,000 indecency
complaints in response to the Superbowl Halftime show aired
on CBS and produced by MTV, both of which are owned by
Viacom. This is the largest number of complaints ever
received by the FCC for a single broadcast;
(D) The number of indecency complaints increased from 111
in 2000 to 240,350 in 2003;
(3) Media conglomerates do not consider or reflect local
community standards.
(A) The FCC has no record of a television station owned by
one of the big four networks (Viacom/CBS, Disney/ABC, News
Corp./Fox or GE/NBC) pre-empting national programming for
failing to meet community standards;
(B) FCC records show that non-network owned stations have
often rejected national network programming found to be
indecent and offensive to local community standards;
(C) A letter from an owned and operated station manager to
a viewer stated that programming decisions are made by
network headquarters and not the local owned and operated
television station management;
(D) The Parents Television Council has found that the
``losers'' of network ownership ``are the local communities
whose standards of decency are being ignored;''
(4) The Senate Commerce Committee has found that the
current fines do not deter indecent broadcast because they
are merely the cost of doing business for large media
companies. Therefore, in order to prevent the continued rise
of indecency violations, the FCC's authority for indecency
fines should be increased and further media consolidation
should be prevented.
(d) Increase in Penalties for Obscene, Indecent, and
Profane Broadcasts.--section 503(b)(2) of the Communications
Act of 1934 (47 U.S.C. 503(b)(2)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Notwithstanding subparagraph (A), if the violator
is--
``(i)(I) a broadcast station licensee or permittee; or
``(II) an applicant for any broadcast license, permit,
certificate, or other instrument or authorization issued by
the Commission; and
``(ii) determined by the Commission under paragraph (1) to
have broadcast obscene, indecent, or profane language, the
amount of any forfeiture penalty determined under this
subsection shall not exceed $275,000 for each violation or
each day of a continuing violation, except that the amount
assessed for any continuing violation shall not exceed a
total of $3,000,000 for any single act or failure to act.'';
and
(3) in subparagraph (D), as redesignated by paragraph (1),
by striking ``subparagraph (A) or (B)'' and inserting
``subparagraph (A), (B), or (C)''.
(e) New Broadcast Media Ownership Rules Suspended. (1)
Suspension.--Subject to the provisions of paragrapls (d)(2),
the broadcast media ownrship rules adopted by the Federal
Communications Commission on June 2, 2003, pursuant to its
proceeding on broadcast media ownership rules, Report and
Order FCC03-127, published at 68 FR 46286, August 5, 2003,
shall be invalid and without legal effect.
(2) Clarification.--The provisions of paragraph (1) shall
not supersede the amendments made by section 629 of the
Miscellaneous Appropriations and Offsets Act, 2004 (Public
Law 108-199).
______

SA. 3466. Mr. REID (for Mr. Hollings) proposed an amendment to
amendment SA 3235 proposed by Mr. Brownback to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; as follows:

SEC. 201. SHORT TITLE.

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

SEC. 202. FINDINGS.

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

[[Page S7197]]

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

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

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

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

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

``(a) Unlawful Distribution.--It shall be unlawful for any
person to distribute to the public any violent video
programming not blockable by electronic means specifically on
the basis of its violent content during hours when children
are reasonably likely to comprise a substantial portion of
the audience.
``(b) Rulemaking Proceeding.--The Commission shall conduct
a rulemaking proceeding to implement the provisions of this
section and shall promulgate final regulations pursuant to
that, proceeding not later than 9 months after the date of
enactment of the Children's Protection from Violent
Programming Act. As part of that proceeding, the Commission--
``(1) may exempt from the prohibition under subsection (a)
programming (including news progams and sporting events)
whose distribution does not conflict with the objective of
protecting children from the negative influences of violent
video programming, as that objective is reflected in the
findings in section 551(a) of the Telecommunications Act of
1996;
``(2) shall exempt premium and pay-per-view cable
programming and premium and pay-per-view direct-to-home
satellite programming; and
``(3) shall define the term `hours when children are
reasonably likely to comprise a substantial portion of the
audience' and the term `violent video programming'.
``(c) Enforcement.--
``(1) Forfeiture penalty.--The forfeiture penalties
established by section 503(b) for violations of section 1464
of title 18, United States Code, shall apply to a violation
of this section, or any regulation promulgated under it in
the same manner as if a violation of this section, or such a
regulation, were a violation of law subject to a forfeiture
penalty under that section.
``(2) License revocation.--If a person repeatedly violates
this section or any regulation promulgated under this
section, the Commission shall, after notice and opportunity
for hearing, revoke any license issued to that person under
this Act.
``(3) License renewals.--The Commission shall consider,
among the elements in its review of an application for
renewal of a license under this Act, whether the licensee has
complied with this section and the regulations promulgated
under this section.
``(d) Definitions.--For purposes of this section--
``(1) Blockable by electronic means.--The term `blockable
by electronic means' means blockable by the feature described
in section 303(x).
``(2) Distribute.--The term `distribute' means to send,
transmit, retransmit, telecast, broadcast, or cablecast,
including by wire, microwave, or satellite, but it does not
include the transmission, retransmission, or receipt of any
voice, data, graphics, or video telecommunications accessed
through an interactive computer service as defined in section
230(f)(2) of the Communications Act of 1934 (47 U.S.C.
230(f)(2)), which is not originated or transmitted in the
ordinary course of business by a television broadcast station
or multichannel video programming distributor as defined in
section 602(13) of that Act (47 U.S.C. 522(13)).
``(3) Violent video programming.--The term `violent video
programming' as defined by the Commission may include matter
that is excessive or gratuitous violence within the meaning
of the 1992 Broadcast Standards for the Depiction of Violence
in Television Programs, December 1992.''.

SEC 205. SEPARABILITY.

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

SEC. 206. EFFECTIVE DATE.

The prohibition contained in section 715 of the
Communications Act of 1934 (as added by section 204 of this
title) and the regulations promulgated thereunder shall take
effect 1 year after the regulations are adopted by the
Commission.
______

SA. 3467. Mr. ENSIGN proposed an amendment to amendment SA 3315
proposed by Ms. Landrieu to the bill S. 2400, to authorize
appropriations for fiscal year 2005 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; as follows:

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

SA. 3468. Mr. DASCHLE (for himself, Mr. Dorgan, Mrs. Murray, Mr.
Nelson of Florida, Mr. Kerry, Mr. Reid, Mr. Lautenberg, Mr. Rockfeller,
Mrs. Boxer, and Mr. Dayton) proposed an amendment to amendment SA 3409
proposed by Mr. Daschle to the bill S. 2400, to authorize
appropriations for fiscal year 2005 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; as follows:

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

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

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

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

``(a) By the enactment of this section, Congress and the
President intend to ensure access to health care for all
veterans. Upon the enactment of this section, funding for the
programs, functions, and activities of the Veterans Health
Administration specified in subsection (d) to accomplish this
objective shall be provided through a combination of
discretionary and mandatory funds. The discretionary amount
should be equal to the fiscal year 2004 discretionary funding
for such programs, functions, and activities, and should
remain unchanged each fiscal year thereafter. The annual
level of mandatory amount shall be adjusted according to the
formula specified in subsection (c). While this section does
not purport to control the outcome of the annual
appropriations process, it anticipates cooperation from
Congress and the President in sustaining discretionary
funding for such programs, functions, and activities in
future fiscal years at the level of discretionary funding for
such programs, functions, and activities for fiscal

[[Page S7198]]

year 2004. The success of that arrangement, as well as of the
funding formula, are to be reviewed after two years.
``(b) On the first day of each fiscal year, the Secretary
of the Treasury shall make available to the Secretary of
Veterans Affairs the amount determined under subsection (c)
with respect to that fiscal year. Each such amount is
available, without fiscal year limitation, for the programs,
functions, and activities of the Veterans Health
Administration, as specified in subsection (d). There is
hereby appropriated, out of any sums in the Treasury not
otherwise appropriated, amounts necessary to implement this
section.
``(c)(1) The amount applicable to fiscal year 2005 under
this subsection is the amount equal to--
``(A) 130 percent of the amount obligated by the Department
during fiscal year 2003 for the purposes specified in
subsection (d), minus
``(B) the amount appropriated for those purposes for fiscal
year 2004.
``(2) The amount applicable to any fiscal year after fiscal
year 2005 under this subsection is the amount equal to the
product of the following, minus the amount appropriated for
the purposes specified for subsection (d) for fiscal year
2004:
``(A) The sum of--
``(i) the number of veterans enrolled in the Department
health care system under section 1705 of this title as of
July 1 preceding the beginning of such fiscal year; and
``(ii) the number of persons eligible for health care under
chapter 17 of this title who are not covered by clause (i)
and who were provided hospital care or medical services under
such chapter at any time during the fiscal year preceding
such fiscal year.
``(B) The per capita baseline amount, as increased from
time to time pursuant to paragraph (3)(B).
``(3)(A) For purposes of paragraph (2)(B), the term `per
capita baseline amount' means the amount equal to--
``(i) the amount obligated by the Department during fiscal
year 2004 for the purposes specified in subsection (d),
divided by
``(ii) the number of veterans enrolled in the Department
health care system under section 1705 of this title as of
September 30, 2003.
``(B) With respect to any fiscal year, the Secretary shall
provide a percentage increase (rounded to the nearest dollar)
in the per capita baseline amount equal to the percentage by
which--
``(i) the Consumer Price Index (all Urban Consumers, United
States City Average, Hospital and related services,
Seasonally Adjusted), published by the Bureau of Labor
Statistics of the Department of Labor for the 12-month period
ending on the June 30 preceding the beginning of the fiscal
year for which the increase is made, exceeds
``(ii) such Consumer Price Index for the 12-month period
preceding the 12-month period described in clause (i).
``(d)(1) Except as provided in paragraph (2), the purposes
for which amounts made available pursuant to subsection (b)
shall be all programs, functions, and activities of the
Veterans Health Administration.
``(2) Amounts made available pursuant to subsection (b) are
not available for--
``(A) construction, acquisition, or alteration of medical
facilities as provided in subchapter I of chapter 81 of this
title (other than for such repairs as were provided for
before the date of the enactment of this section through the
Medical Care appropriation for the Department); or
``(B) grants under subchapter III of chapter 81 of this
title.
``(e) Nothing in this section shall be construed to prevent
or limit the authority of Congress to reauthorize provisions
relating to veterans health care.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

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

(b) Comptroller General Report.--(1) Not later than January
31, 2007, the Comptroller General of the United States shall
submit to Congress a report on the extent to which section
320 of title 38, United States Code (as added by subsection
(a)), has achieved the purpose set forth in subsection (a) of
such section 320 during fiscal years 2005 and 2006.
(2) The report under paragraph (1) shall set forth the
following:
(A) The amount appropriated for fiscal year 2004 for the
programs, functions, and activities of the Veterans Health
Administration specified in subsection (d) of section 320 of
title 38, United States Code.
(B) The amount appropriated by annual appropriations Acts
for each of fiscal years 2005 and 2006 for such programs,
functions, and activities.
(C) The amount provided by section 320 of title 38, United
States Code, for each of fiscal years 2005 and 2006 for such
programs, functions, and activities.
(D) An assessment whether the amount described in
subparagraph (C) for each of fiscal years 2005 and 2006 was
appropriate to address the changes in costs to the Veterans
Health Administration for such programs, functions, and
activities that were attributable to changes in population
and in inflation over the course of such fiscal years.
(E) An assessment whether the amount provided by section
320 of title 38, United States Code, in each of fiscal years
2005 and 2006, when combined with amounts appropriated by
annual appropriations Acts for each of such fiscal years for
such programs, functions, and activities, provided adequate
funding of such programs, functions, and activities in each
such fiscal year.
(F) Such recommendations as the Comptroller General
considers appropriate regarding modifications of the formula
under subsection (c) of section 320 of title 38, United
States Code, or any other modifications of law, to better
ensure adequate funding of such programs, functions, and
activities.
(c) Congressional Consideration of Comptroller General
Recommendations.--
(1) Joint resolution.--For purposes of this subsection, the
term ``joint resolution'' means only a joint resolution which
is introduced (in the House of Representatives by the Speaker
of the House of Representatives (or the Speaker's designee)
or the Minority Leader (or the Minority Leader's designee)
and in the Senate by the Majority Leader (or the Majority
Leader's designee) or the Minority Leader (or the Minority
Leader's designee)) within the 10-day period beginning on the
date on which Congress receives the report of the Comptroller
General of the United States under subsection (b), and--
(A) which does not have a preamble;
(B) the matter after the resolving clause of which consists
of amendments of title 38, United States Code, or other
amendments or modifications of laws under the jurisdiction of
the Secretary of Veterans Affairs to implement the
recommendations of the Comptroller General in the report
under subsection (b)(2)(F); and
(C) the title of which is as follows: ``Joint resolution to
ensure adequate funding of health care for veterans.''.
(2) Referral.--A resolution described in paragraph (1) that
is introduced in the House of Representatives shall be
referred to the Committee on Veterans' Affairs of the House
of Representatives. A resolution described in paragraph (1)
introduced in the Senate shall be referred to the Committee
on Veterans' Affairs of the Senate.
(3) Discharge.--If the committee to which a resolution
described in paragraph (1) is referred has not reported such
resolution (or an identical resolution) by the end of the 20-
day period beginning on the date on which the Comptroller
General submits to Congress the report under subsection (b),
such committee shall be, at the end of such period,
discharged from further consideration of such resolution, and
such resolution shall be placed on the appropriate calendar
of the House involved.
(4) Consideration.--(A) On or after the third day after the
date on which the committee to which such a resolution is
referred has reported, or has been discharged (under
paragraph (3)) from further consideration of, such a
resolution, it is in order (even though a previous motion to
the same effect has been disagreed to) for any Member of the
respective House to move to proceed to the consideration of
the resolution (but only on the day after the calendar day on
which such Member announces to the House concerned the
Member's intention to do so). The motion is highly privileged
in the House of Representatives and is privileged in the
Senate and is not debatable. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the resolution is agreed to, the
respective House shall immediately proceed to consideration
of the joint resolution without intervening motion, order, or
other business, and the resolution shall remain the
unfinished business of the respective House until disposed
of.
(B) Debate on the resolution, and on all debatable motions
and appeals in connection therewith, shall be limited to not
more than 2 hours, which shall be divided equally between
those favoring and those opposing the resolution. An
amendment to the resolution is not in order. A motion further
to limit debate is in order and not debatable. A motion to
postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the resolution is not
in order. A motion to reconsider the vote by which the
resolution is agreed to or disagreed to is not in order.
(C) Immediately following the conclusion of the debate on a
resolution described in paragraph (1) and a single quorum
call at the conclusion of the debate if requested in
accordance with the rules of the appropriate House, the vote
on final passage of the resolution shall occur.
(D) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure
relating to a resolution described in paragraph (1) shall be
decided without debate.
(5) Consideration by other house.--(A) If, before the
passage by one House of a resolution of that House described
in paragraph (1), that House receives from the other House a
resolution described in paragraph (1), then the following
procedures shall apply:
(i) The resolution of the other House shall not be referred
to a committee and may not be considered in the House
receiving it except in the case of final passage as provided
in clause (ii)(II).
(ii) With respect to a resolution described in paragraph
(1) of the House receiving the resolution--

[[Page S7199]]

(I) the procedure in that House shall be the same as if no
resolution had been received from the other House; but
(II) the vote on final passage shall be on the resolution
of the other House.
(B) Upon disposition of the resolution received from the
other House, it shall no longer be in order to consider the
resolution that originated in the receiving House.
(6) Rules of senate and house.--This subsection is enacted
by Congress--
(A) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed
in that House in the case of a resolution described in
paragraph (1), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
______

SA 3469. Mr. REID proposed an amendment to amendment SA 3387 proposed
by Mr. Leahy to the bill S. 2400, to authorize appropriations for
fiscal year 2005 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Services, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. REQUEST FOR DOCUMENTS AND RECORDS.

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

SA 3470. Mr. NELSON of Florida submitted an amendment intended to be
proposed to amendment SA 3315 proposed by Ms. Landrieu to the bill S.
2400, to authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Services, and
for other purposes; which was ordered to lie on the table; as follows:

Add at the end the following:

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

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

SA 3471. Mr. WARNER proposed an amendment to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; as follows:

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

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

(a) Amount for Program.--The amount authorized to be
appropriated by section 201(4) is hereby increased by
$2,000,000, with the amount of the increase to be available
in the program element PE 1160405BB for joint threat warning
system maritime variants.
(b) Offset.--The amount authorized to be appropriated by
section 421 is hereby reduced by $2,000,000, with the amount
of the reduction to be derived from excess amounts provided
for military personnel of the Air Force.
______

SA 3472. Mr. McCONNELL submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:

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

SEC. 1022. REPORT ON THE STABILIZATION OF IRAQ.

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

SA 3473. Mr. FRIST (for Mrs. Feinstein) proposed an amendment to the
joint resolution S.J. Res. 33, expressing support for freedom in Hong
Kong; as follows:

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

____________________