To provide a fiscally responsible open enrollment authority.

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

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.

                          ____________________