Senate MONDAY, NOVEMBER 3, 2003

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, MONDAY, NOVEMBER 3, 2003 No. 157 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, November 4, 2003, at 12:30 p.m. Senate MONDAY, NOVEMBER 3, 2003

The Senate met at 11 a.m. and was SCHEDULE Nominations remain a focus of the called to order by the President pro Mr. FRIST. Mr. President, today the Senate’s attention. We will continue to tempore (Mr. STEVENS). Senate will begin consideration of the work toward the scheduling of those conference report to accompany the nominations on the executive calendar. PRAYER Iraq and Afghanistan supplemental Another continuing resolution will be The Chaplain, Dr. Barry C. Black, of- bill. The order that was entered into on necessary by the close of business this fered the following prayer: Thursday provided for the time until 5 week. Even with a short-term exten- Let us pray. p.m. today to be equally divided for de- sion of the continuing resolution, we Eternal God, we stand in awe of You. bate. That conference report will be will still push to complete the remain- Your love is constant and Your mercies agreed to at 5. However, no rollcall ing items at the earliest time this are new every morning. Thank You for vote will be necessary. year. listening when we call and for destroy- Also under a previous consent agree- f ing the record of our faults and fail- ment, the Senate will then debate the ures. Lord, forgive us when we shackle Interior appropriations conference re- RESERVATION OF LEADER TIME ourselves with pride. Save our Nation port. There will be up to an hour of de- The PRESIDING OFFICER (Mrs. from sin, which brings reproach, debate on that conference report prior to DOLE). Under the previous order, the cline, and destruction. Cover our trans- the vote. Senators should, therefore, leadership time is reserved. gressions with Your righteousness expect a rollcall vote to occur some- which brings exaltation and salvation. time between 5:30 and 6 today. f Let not evil overcome us, but may we We were also able to reach an agree- EMERGENCY SUPPLEMENTAL AP- overcome evil with good. ment for consideration of the fair cred- PROPRIATIONS ACT FOR DE- Bless our Senators today with a con- it reporting bill. The chairman and FENSE AND FOR THE RECON- stant awareness of Your presence. Let ranking member of the Banking Com- STRUCTION OF IRAQ AND AF- kindness guide their speech and integ- mittee have been working through the GHANISTAN, 2004—CONFERENCE rity shape their decisions. Keep their amendment list in an effort to facili- REPORT feet on the right path and be a shield tate its passage. I would anticipate beginning that bill either this evening or The PRESIDING OFFICER. Under for all who fight for freedom. In Your the previous order, the Senate will pro- wonderful name we pray. Amen. first thing tomorrow morning so we can finish the fair credit legislation ceed to the consideration of the con- f early this week. ference report to accompany H.R. 3289, PLEDGE OF ALLEGIANCE Last week I also mentioned the expi- which the clerk will report. The PRESIDENT pro tempore led the ration of the Internet tax moratorium. The assistant legislative clerk read Pledge of Allegiance, as follows: I had hoped to address an extension of as follows: I pledge allegiance to the Flag of the that moratorium prior to that dead- The committee of conference on the dis- United States of America, and to the Repub- line. However, several Senators ex- agreeing votes of the two Houses on the lic for which it stands, one nation under God, pressed their reservation about an amendment of the Senate to the bill (H.R. indivisible, with liberty and justice for all. agreement for that bill. At the close of 3289) making emergency supplemental appro- last week, we were able to reach a con- priations for defense and for the reconstruc- f tion of Iraq and Afghanistan for the fiscal sent agreement to proceed to the bill, year ending September 30, 2004, and for other RECOGNITION OF THE MAJORITY most likely on Thursday of this week. LEADER purposes, having met, have agreed that the We will also continue with the appro- House recede from its disagreement to the The PRESIDENT pro tempore. The priations process as the conference re- amendment of the Senate and agree to the majority leader is recognized. ports become available. same with an amendment, and the Senate

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S13751

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13752 CONGRESSIONAL RECORD — SENATE November 3, 2003 agree to the same, signed by all conferees on In addition, this conference report and together they will keep track of the part of both Houses. provides benefits to our reservists who the funding allocated for Iraq’s recon- (The conference report is printed in are ordered to active duty by author- struction. The IG will issue quarterly the House proceedings of the RECORD of izing coverage of their medical and reports on the CPA’s activities. This October 30, 2003.) dental screening. The conferees also position ensures that we will always Mr. STEVENS. Madam President, I expanded pre-mobilization and post- have a clear record of who is respon- suggest the absence of a quorum. mobilization eligibility for Tricare and sible for the funds appropriated to CPA The PRESIDING OFFICER. The made Tricare available to reservists and how they are spent. This position clerk will call the roll. who are unemployed or who are not of- gives us a new tracking and record- The assistant legislative clerk pro- fered health care benefits by their ci- keeping system, a comprehensive re- ceeded to call the roll. vilian employer. view process, and transparency in the Mr. STEVENS. Madam President, I Our forces are stationed in some of allocation of funds. Most importantly, ask unanimous consent that the order the most dangerous parts of the world. it ensures that funds will be used effi- for the quorum call be rescinded. They face formidable enemies and seri- The PRESIDING OFFICER. Without ciently to build a new and free Iraq. We ous threats. They face these obstacles objection, it is so ordered. have an obligation to our total force because they have made a commitment Mr. STEVENS. Madam President, I and an obligation to the Iraqi and Af- am pleased to bring to the Senate this to our freedom; they have decided that, ghanistan people to finish what we conference report to provide supple- if necessary, they will give what Lin- started. mental funding for military and recon- coln called ‘‘the last full measure of de- This legislation meets those obliga- struction efforts in Iraq and Afghani- votion’’ to defend freedom. This Con- tions, and I urge the Senate to prompt- stan. gress must meet their level of commit- ly approve it. The Congress, specifically the Sen- ment by funding their mission. The PRESIDING OFFICER. Who ate, asked the President not to request In addition to meeting our obliga- yields time? any funds for our efforts in Iraq and Af- tions, we also support additional funds The Senator from Illinois is recog- ghanistan in the fiscal year 2004 appro- to rebuild Iraq and Afghanistan. It’s a nized. priations bill. The President honored simple and straight-forward premise— Mr. DURBIN. Madam President, I our request, and that bill has already security brings stability and stability come to the Senate floor this morning been signed into law. The funding for fosters democracy. An Iraq and Af- with a real sadness in my heart. Yes- our efforts in Iraq and Afghanistan is ghanistan well on the way to economic terday, we learned of the loss of a Chi- in the conference report now before us. well-being and self-governance offers nook helicopter in Iraq. During the Our men and women in uniform face the fastest way to get our military course of the day, I was contacted in life-threatening obstacles every day men and women home. To that end, Chicago, and then again in Springfield, and are counting on us to provide them this conference report provides $21.2 with rumors that it involved the Illi- with the resources they need to get the billion to carry out the activities of nois National Guard. The rumor was job done. This supplemental will pro- our Government in connection with the confirmed this morning. The pilot of vide the equipment, fuel, ammunition reconstruction and rehabilitation of the helicopter that was shot down in and pay our forces need and deserve as Iraq and Afghanistan. The majority of Iraq was a member of the Illinois Air they continue their tasks in Iraq, Af- these funds, $18.4 billion, is for Iraq for Guard and we believe he was assigned ghanistan, and in the other locations security, rehabilitation and recon- out of the Peoria Guard unit. He is one where they continue to stand in harm’s struction, including $100 million for de- of many who have been lost in this con- way fighting the global war on ter- mocracy building activities in Iraq to flict from the beginning. rorism. They are the reason we need to support the development of a constitu- What we learn every morning as we approve this emergency funding. tion and national elections. learn the news of another soldier, or 2, One thing is very clear: As the Presi- Other items funded include: $983 mil- or 3, or in this case yesterday, 16, is the dent has said time and again: We will lion for operating expenses for the coa- real cost of war. I have tried to call the not walk away from Iraq. We will not lition provisional authority; $16.6 mil- families of those in my home State of withdraw our forces from Iraq; we will lion for safe and secure facilities for Illinois who have lost a soldier. I have not leave the Iraqi people in chaos; and the United States Agency for Inter- not been able to get through to all of we will not create a vacuum for ter- national Development in Iraq and Af- them, and it is understandable that in rorist groups to fill. ghanistan; at least $38 million for oper- their sorrow and grief, many of them Our Nation has always had one goal— ating expenses of the United States are not taking phone calls. Those I we finish what we start, and we will Agency for International Development have reached are families who are not fail to do so now. This appropria- for costs associated with Iraq and Af- proud of the men and women in uni- tions bill will enable us to fulfill our ghanistan; $872 million to continue po- form who volunteered to serve our Na- responsibilities to our men and women litical and economic development pro- tion and then gave their lives. They in uniform and to the people of Iraq grams in Afghanistan; $170 million for thank the military, too, for the kind and Afghanistan. Department of State narcotics control, treatment their family received upon This conference report before us pro- law enforcement, nonproliferation, the notification of the loss and all of vides $64.7 billion for military oper- anti-terrorism and demining programs the help and consolation during the fu- ations. Included in this amount is $17.8 in Afghanistan; $287 million to con- neral ceremonies. billion for the salaries and benefits of tinue programs and activities to build But we have to face reality. These active, Guard and Reserve military the new Afghan army; $50 million for are the real costs of war. We come to personnel activated for duty in Iraq, peacekeeping expenses in Iraq relating the floor of the Senate today to debate Afghanistan and other areas around to additional foreign armed forces; $35 an appropriations bill that, in all hon- the world. Together they continue to million for anti-terrorism training and esty, is just money. The real cost of fight our war against terrorists and equipment needs in Afghanistan. The war is human lives. Sixteen were lost terrorism; $39.2 billion for operations conferees also agreed to provide $200 in the helicopter crash over the week- and maintenance in support of Oper- million for assistance to Liberia, $200 end, and another soldier was killed in ation Iraqi Freedom, Operation Endur- million for assistance to Jordan, and another incident. Now we have lost ing Freedom and Operation Noble $20 million for assistance to Sudan. more American servicemen in Iraq Eagle, of which $1 billion is to support This conference agreement does not since the President declared that the coalition partners; $5.5 billion for pro- stop at funding our obligations; it also major military operations were com- curement, including an additional $62.1 provides specific mechanisms to ac- pleted than we did during the invasion. million for improved armor for count for how our appropriated money It doesn’t tell the whole story, humvees; $333.8 million for military re- is spent. This bill creates a new posi- though, to just count those who lost search, development, and evaluation; tion: The Inspector General for the Co- their lives, as tragic as that may be. and $658 million for the defense health alition Provisional Authority. The IG Many listed as wounded are sometimes program. will work with Ambassador Bremer, forgotten and they never should be.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13753 Some of the wounds these soldiers have The burden of Iraq weighs heavy on cannot find a shred of evidence of these been exposed to are serious, grievous. the shoulders of America, and each day weapons of mass destruction. Two weeks ago, I went to Walter as we wake up to hear the news of more In the President’s State of the Union Reed Hospital to visit with some of the deaths of American soldiers, more Address they said, oh, we have proof returning soldiers, to meet one soldier wounded service men and women over- they were moving fissile material from from Ohio who lost the sight in one of seas, we understand that burden, but Africa to Iraq to build nuclear weap- his eyes, to meet with another soldier we can never understand it like the ons, and even the President has had to from my State of Illinois, the commu- families who have suffered the losses. say that was not accurate. nity of Pleasant Hill, a small farm Our heart goes out to them. They are We said as well, if you remember 9/11, town, who took a mortar round and in our thoughts and prayers every sin- you can understand why we needed to survived. They didn’t think they could gle moment of every day, as they invade Iraq—because al-Qaida of 9/11 take him from the scene, but he man- should be. and Saddam Hussein of Iraq were aged to live long enough. He made it to We come to the floor today to talk linked. Even the President had to come Germany, where they didn’t think he about the other costs of war, the appro- forward and concede a few weeks ago would survive, but he did; and he was priations necessary to keep this war that statement is not true, either. It is at Walter Reed with his mother and fa- going. It is a massive emergency sup- true we changed a regime. We have ther dreaming of the day when he could plemental appropriations bill. The eliminated Saddam Hussein. But the get back to Pike County, IL, to a small total is $87,442,198,000. This, of course, premise of that war has been chal- farm town, his home. represents one of the largest emer- lenged and has been found faulty. These are the wounded of war who gency supplemental bills we have con- So today we consider this supple- lose limbs, who face grievous, serious sidered. It represents a commitment of mental appropriations bill to provide injuries that will haunt them for a life- at least $1 billion a week to sustain our the money that our men and women time. These are the real costs of war need to sustain the military effort in and a reminder, too, that we stand troops in Iraq, and then a commitment today in Iraq, 6 months after the end of beyond it to an effort to build Iraq. It Iraq and to come home safely. All of the so-called military success that the would be easy to say reconstruct Iraq if these funds are emergency spending. President announced, still struggling we had destroyed it during the element What that means, of course, is that we to bring stability to that country. But of invasion, but that didn’t occur. Most are not cutting other Government understand, I don’t think we can cut of what we are doing is building a spending nor raising taxes to find the and leave. Those of us who warned in country that had been decimated by a $87 billion. We are adding this money the beginning that once we made this dictator. We are providing things that to America’s mortgage. This is our sec- decision, we had to remember it is easi- for 10 or 20 years Saddam Hussein ond mortgage on America, $87 billion— er to get into a war than to get out of never provided to his people, in the the greatest deficit in the history of a war—we have learned that in the last hope that we can prove to them they the United States, and it continues to 6 months. can move toward democracy; that they grow as this administration continues Our superb military forces went into can move toward a free-market system; to call for more tax cuts for wealthy Iraq and, in a matter of 3 weeks, took that they can have stability, perhaps people. This, unfortunately, is part of down Saddam Hussein, this dictator, be a beacon of hope for the Middle our legacy. and his cruelty ended. We were so East. One of the most difficult parts of this proud of the men and women in uni- If that is the ultimate outcome, then bill is the fact that this conference form who did that so quickly. there is some success to this story, but committee stripped out the provision But then came the second phase. today, in one of the darkest hours with the Senate added on a bipartisan roll- That, unfortunately, has not gone some of the saddest news, it is difficult call vote. Republicans and Democrats nearly as well. The United States made to look at this and understand how came together and said at least $10 bil- a serious miscalculation when it en- even money is going to solve our prob- lion of the $20 billion to reconstruct tered this war in Iraq, invaded that na- lems. Iraq should come from the Iraqi people, tion, without the support of its tradi- I voted against this preemptive and from their oil reserves. Is that an in- tional allies. With the exception of precipitous war, but today I face a credible request, that this country Great Britain, the so-called coalition moral dilemma. I cannot and will not with the second largest oil reserve in of the willing was a very thin coalition. support President Bush’s unilateralist, the world would help to pay for its own There were many countries offering aggressive foreign policy of preemp- infrastructure? The Bush administra- some help, a few soldiers; but really tion. It is wrong. It was wrong when we tion said it was unacceptable. No loan when it came down to it, this President voted on it in October of last year. It is provision will be put in this bill. If any- decided to embark on a war, with the wrong in November of this year. It is one has to borrow money to build Iraq, approval of Congress, that took us into based on the false premise that we can it will be America’s families, not the a wartime situation unlike anyone has somehow identify our enemies even if people of Iraq. That is a sad outcome. seen. The President did not follow his they haven’t threatened the United Frankly, it means that much of what father’s model of bringing the United States, even if they have not created a we were told by this administration be- Nations behind his effort or true global situation of eminent danger. It relies, fore the war just was not true. Paul coalition, but decided he would take of course, on information and informa- Wolfowitz, on March 27, 2003, testifying the small coalition into the war in tion based on intelligence, and what do before the House Defense Appropria- Iraq. we have to say today about our intel- tions Subcommittee, said as follows: We didn’t need a massive global coa- ligence-gathering agencies leading up And on rough recollection, the oil revenues lition to win the military battle. We to our invasion of Iraq? of that country could bring between $50 and knew we had the best military in the We said we needed to go to Iraq to $100 billion over the course of the next 2 or world. We still do. But after the mili- stop them from obtaining nuclear 3 years. . . . We’re dealing with a country tary battle, it is clear now we need al- weapons and using them against their that can really finance its own reconstruc- lies more than ever. America needs neighbors and against us. It turns out tion and relatively soon. countries to stand beside us with their now that was an empty threat. There is Assistant Secretary Wolfowitz said soldiers, with their resources, with no evidence of nuclear weapons nor those words to this Congress 6 months their commitment to finding stability program in Iraq. ago. This man, who was urging Amer- in Iraq, and every day, when we see We said there was an arsenal of bio- ica to invade Iraq and telling us they these bloody headlines of American logical and chemical weapons, weapons could pay for their own reconstruction, soldiers being killed, we are reminded of mass destruction, which, again, and where are we today? The Bush ad- that had this been a global coalition, a could threaten the region, the people of ministration has rejected the idea that broader coalition, had we moved in Iraq, and the United States, and yet Iraq would pay for this. No, American concert with our traditional allies, Dr. Kay, after more than 6 months and taxpayers have to pay for it. It has to what we are facing today could have millions of dollars and hundreds of income out of the Social Security trust been so much different. spectors, has come up emptyhanded, fund. It has to come out of investments

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13754 CONGRESSIONAL RECORD — SENATE November 3, 2003 in education and health care in Amer- plaud them. We call them patriot cor- by corporations out to make a buck on ica. The Bush administration insists on porations because they stand behind a war. During World War II, Harry Tru- it. the men and women in uniform. man called war profiteering treason. Listen to what Secretary of Defense I came to the Senate floor and I said President Franklin Roosevelt said: I do Donald Rumsfeld said on the same day: to my colleagues, if we applaud those not want to see a single war million- I don’t believe the United States has the who stand behind the men and women aire created in the United States as a responsibility for reconstruction, in a sense in uniform to make certain they do not result of this world disaster. . . . and the funds can come from those var- lose their pay while they are activated, But when the Appropriations Com- ious sources I mentioned: frozen assets, oil can we do no less for Federal employ- mittee considered this bill, they de- revenues and a variety of other things, in- ees, the employees of the U.S. Govern- leted an amendment by Senator LEAHY, cluding the Oil for Food, which has a very ment? By a resounding vote of 96 to 3, Senator FEINSTEIN, and myself to crim- substantial number of billions of dollars in it. this bipartisan vote on the Senate inalize war profiteering, price gouging floor, we said, yes, we will stand behind and fraud. The same law that was Six months ago, those were the words the Federal employees who activate. passed during World War II was of the Secretary of Defense to the How many are involved? Of the 1.2 stripped out in conference. I do not un- American people through Congress, and million Guard and Reserve in America derstand it. I do not understand how I quote again. He said: today, 10 percent are Federal employ- anyone could be opposed to prosecuting I don’t believe the United States has the ees, 120,000. Currently 23,000 are acti- those who want to defraud and over- responsibility for reconstruction. . . . vated. Some do not see a cut in pay, charge the U.S. Government and the How clear can we be? Yet today, face but many see dramatic cuts in pay. American taxpayers in time of war. It it, America, taxpayers, and families, What I asked for was the same type of is unseemly that this has been stripped we are accepting an $87 billion respon- justice and caring from the Federal out in light of questionable no-bid and sibility. Instead of asking Iraq to bor- Government we asked from State and secretly bid contracts that have been row against its bountiful oil reserves, local governments. let for Iraq construction. we are asking our children and grand- We passed that amendment, and I felt Since the late 1980s, the move to pri- children to continue to borrow to build good that we made this commitment. vatize just about everything the Gov- Iraq. Frankly, I sang the praises of the Sen- ernment does has led to the granting of I also want to tell you there is one ate and those who were involved. We billion-dollar contracts to a handful of thing that was done in that conference went to the conference committee, and huge companies. We have heard the committee which I think was shame- on a party-line vote, with every Repub- names: Halliburton, Bechtel. They go ful—shameful: the decision of this con- lican Senator voting no, they removed on and on. With no surprise, many of ference committee to strip out a provi- this provision from the bill. Many of them are politically well connected. sion in the bill which I added on the the Senators who just a few days before This amendment was eliminated. It floor of the Senate. Let me explain it. on this floor had voted for the provi- would not have hurt this conference, it Across America, men and women sion to protect the pay of activated would not have hurt this country to in- serving in the Guard and Reserve have Federal employees turned around, clude that provision in the law as fair been activated. Usually their activa- within a few days, and voted no. That warning to those who would profiteer tion was only for a few months but does not set a very good example, does during a war that we will come down now, because of the fact we are it? If we will not provide the same kind on them like a ton of bricks. But, no, it stretched thin around the world, these of compensation for Federal employees was removed. guardsmen and reservists, much like as State and local governments do, how There are many elements in this bill the helicopter pilot who was killed can we in good conscience turn to busi- which trouble me. There are some over the weekend from my State of Il- nesses and say, stand behind your which deserve praise. Access to linois, have been activated and asked guardsmen, stand behind your reserv- TRICARE was enhanced for members to serve for longer and longer periods ists; they are serving our country; they of the Guard and Reserve; $100 million of time, causing extraordinary hard- deserve your help, when we turn our was added to secure and destroy con- ship to their family. backs on them in this bill? ventional munitions in Iraq, the ord- Some dismiss it and say they knew It was the first thing we did when we nance that is being used to bring down what they were getting into. When sat down in conference. It was the first our helicopters and killing our soldiers they signed up for the Guard and Re- vote we took. It was a sad day. Unfor- every single day; $500 million for recent serve, they knew they were going to be tunately, I will have to offer this disasters, including the California activated. This is true. I won’t argue amendment again in the hopes that the wildfires and Hurricane Isabel; $100 with that. next time around, if it passes on the million to help Liberia recover from its Frankly, I ask my friends and col- Senate floor, the Senate conferees will brutal civil war; $60 million for Afghan leagues in the Senate to at least show stand up for it. They did not do that women and girls; and a modification of some compassion for those and their this time. language Senator MURRAY, Senator families who have been activated and, I also want to say we are paying a LANDRIEU, and I offered on the Senate because of that activation, suffer an great amount of money out of our Fed- floor to ensure the assistance provided extraordinary economic hardship. eral Treasury to search for weapons of for Iraq and Afghanistan advances the Across America, dozens of States and mass destruction. I cannot disclose the social, economic, political rights, and local units of government—my own sum because it is classified. Trust me, opportunities for women and girls. home State of Illinois, the city of Chi- it is very large. The Iraq Survey Group I want to especially salute Senator cago—have decided if their employees is in this so far futile search for weap- MURRAY and Senator LANDRIEU. They are activated in the Guard and Re- ons of mass destruction. I asked in this had to fight to restore this money in serve, they will make up the difference bill that they at least give us a quar- the conference committee. Before the in pay so that while they are off serv- terly report on what progress was conference committee came together, a ing their country and risking their being made. That was stripped out of staffer stripped it out and they re- lives they can at least have peace of the bill—no report necessary. stored it. It took a lot of hard work on mind that their paycheck will be pro- The amendment would require the their part, but I think most of us real- tected. That State government, that special adviser to the Director of the ize women and girls in Afghanistan city government will make up the dif- Central Intelligence Agency for the have been brutalized by the Taliban ference in pay. Thank God for their strategy in Iraq, Dr. David Kay, to pro- and by the previous government. charity and compassion. Thank God vide both classified and unclassified Frankly, we need to stand behind they care enough for these men and written status to Congress on a quar- them. I am glad this money was re- women to make that commitment, as terly basis. That accountability was restored. they have repeatedly. It is not just moved in this bill. I voted reluctantly for the Iraq sup- units of government. Private corpora- Another provision that was stripped plemental when the Senate passed it tions have done the same thing. We ap- out of this bill relates to profiteering the first time for the same reason I

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13755 mentioned earlier. As much as I believe sands of Iraq, to pay for the recon- on contracting in Iraq to make sure this war was begun in a wrong fashion, struction of Iraq. It ought to be that that, if the American taxpayer has to with a policy that can no longer be de- oil, not the burden of the American pay for this—and apparently by this it fended, I have to say that as long as taxpayer, that pays for the reconstruc- does because those of us who attempted 120,000 of our best and brightest sol- tion of Iraq. I lost that vote on the to make it the burden of Iraqi oil to diers are over there risking their lives Senate floor. The President did not pay for Iraq reconstruction lost—if every single day, we have to stand by support it. The majority did not sup- that is the case, when you send $18.6 them. port it. They said the American tax- billion out into the wind, I am telling I believe the sensible loan provisions payer must bear the burden of the re- you there is going to be a lot of waste, which Senator DORGAN from North Da- construction of Iraq. I think that is fraud, and abuse unless we set up con- kota, who is now in the Chamber, sup- wrong. It does not make any sense to ditions to watch it carefully. ported, as well as his effort to say that me. But, again, the requirement is in- This started with sole-source con- the Iraqis will pay for the cost of the cluded with the requirement to support tracts. That is the way this started. war with their own oil were just sen- our troops. That is not what we want to have hap- sible. They are what American families This country cannot send its sons pen in the future. So there is a require- would say, but unfortunately it is not and daughters to war and then say to ment for contracts that are bid, which what the Bush administration would them, oh, by the way, when you need is important, but the question is how say, and those have been removed. some additional money for equipment do you make sure there is not abuse as This deletion of the reservist pay and ammunition and those kinds of a result of this, and waste and fraud? provision is one which I hope we can things, we will not provide them. We We need to care a great deal about visit again. I hope next time instead of have no other alternative. We have an that. I do not understand. I just don’t 96 to 3, we will have a 100-to-0 vote in obligation to provide that which our understand the circumstances here, the Senate. Maybe that is what it military needs to complete this mis- when it is Katie bar the door if you takes to convince conferees to stay sion. We must do that. So this is going want money for reconstruction of Iraq. with a provision once we have adopted to pass today. I will support it. I sup- The taxpayers will ante that up. We it in the Senate. port reluctantly the provisions that have an unlimited supply of money. The American people will ultimately have to do with the reconstruction of That is what some say. I don’t think be the judge of our work today. Sadly, Iraq for the reasons I just mentioned. that makes any sense. We are going to they are the ones who are not only pay- It is unthinkable to me that the Amer- borrow money in this country so we ing the bills and writing the checks. ican taxpayer will now be required to can send that money to Iraq for the re- They understand the costs of war come up with $18.6 billion. The reason construction of Iraq for a whole series sometimes better than elected offi- it is $18.6 billion is because, with my of things that have deteriorated for 20 cials. The families with soldiers over- colleague Senator WYDEN, I offered the years in Iraq. We didn’t destroy them. seas and those who have seen those sol- amendment to cut $1.8 billion. The cut Then Iraq, incidentally, is going to diers injured or killed understand the of $1.8 billion, which was accepted by pump oil out of the ground. They have costs of war far more than anyone on the Senate, includes cutting money to liquid gold under that soil; the second any Appropriations Committee ever construct two new high-security pris- largest reserves in the world are there. could. ons at $50,000 a bed, $100 million to re- Then, guess what. When Ambassador I yield the floor. store marshes, $4 million for a nation- Bremer testified before the Appropria- The PRESIDING OFFICER. Who wide telephone numbering system in tions Committee I asked him: Why yields time? The Senator from North Iraq, $9 million to create ZIP Codes and can’t we use Iraqi oil to pay for Iraqi Dakota. do a postal architecture in Iraq, $10 reconstruction? Mr. DORGAN. Madam President, I million to modernize the business prac- He said: Very simple; it’s because will take a few moments to discuss the tices of Iraqi television and radio, $20 Iraq has a lot of foreign debt. Iraq supplemental conference report. million for 1-month-long catch-up busi- I said: Who does Iraq owe money to? At the start of this process, we at- ness courses at $10,000 per pupil. That He said: Germany, France, Russia. tempted to have two portions we might is more than twice as much as the Har- At that point I didn’t know enough consider. One would be the military, vard Business School costs. You get to respond to him. I checked after the which provides almost $1 billion a week the point. I was able to cut $1.8 billion, hearing and found, yes, indeed, Iraq to support our troops, and the second is so this is $1.8 billion less than it other- owes money to Germany, France, and the Iraq reconstruction fund, which is wise would have been, but it is $18.6 bil- Russia. But that is not the biggest debt the amount of money the American lion. it owes. Mr. Bremer didn’t know, or taxpayer will be asked to fund for the I think there is great question of failed to mention to me, the largest reconstruction of Iraq. whether that money will be spent effec- debts are to Saudi Arabia and Kuwait— We were not successful in separating tively. Let me give some examples. A interesting. Wouldn’t it be a perversity these two, and so this travels as one. contract is let to provide air-condi- if the American taxpayers are bor- As a result of that, I offered an amend- tioners in hundreds of public buildings. rowing money to ship it to Iraq to pay ment to provide that Iraqi oil ought to Then it goes to another contractor and for reconstruction, and then Iraq is bear the burden of Iraq reconstruction. then a subcontractor and that which pumping 3 million barrels of oil a day We did not target Iraq’s infrastructure. represented air-conditioners in that beginning July 1 and selling the oil on We did not target or attempt to bomb contract has now become $11 ceiling the open market making $16 million a their roads, their bridges, their dams, fans. Let me say that again. That year and using the money to pay Saudi their power structure. So the require- which was air-conditioners in the con- Arabia on past debts? ment that the U.S. taxpayer should tract, when installed by the subsequent It is incredible to think of the perver- pay for the reconstruction of Iraq is a subcontractor, became $11 ceiling fans. sity of that kind of situation. I don’t requirement that does not make much What happened to the money? Halli- know whether Mr. Bremer simply sense to me. burton is importing oil into the coun- didn’t know that Iraq owes large debts Iraq, by the way, has the second larg- try of Iraq at $1.59 a gallon. The Iraqi to the Saudis and Kuwaitis or just ne- est oil reserves in the world, something oil officials say we can get that oil for glected to mention it. They do owe people have frequently said on the Sen- 98 cents a gallon. So what is hap- money to France, Germany, and Rus- ate floor. If they have the second larg- pening? Is the American taxpayer get- sia, but it is a lesser amount of money. est oil reserves in the world and are cating squeezed to the tune of $300 mil- Most Americans have a right to take a pable of producing, according to Am- lion here? It looks like it to me. look at this and say this is a missed bassador Bremer, 3 million barrels of These are the kinds of questions that priority and a missed opportunity. The oil a day beginning next July, that is I think are very important to ask. I am reason those of us who attempted to $16 billion a year in export value, $160 going to be chairing a hearing today at change the construct of this were de- billion in 10 years. There are ample re- 1:30 on these issues. The Democratic nied the opportunity to do so by a vote sources, by pumping oil out of the Policy Committee is holding a hearing in the Senate was we were told every

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13756 CONGRESSIONAL RECORD — SENATE November 3, 2003 single dollar of this is necessary for the evaluate exactly what is happening today. Paul Grove deserves special rec- support of our troops, and the quicker with those funds. ognition. He is a true professional who we get things back on track in Iraq, We had some sole-source contracts has worked tirelessly to help us com- the quicker the troops come home. with Halliburton, Bechtel, and others plete action on both the supplemental Therefore, we were told it is necessary that were not bid. There was some alle- and the fiscal year 2004 Foreign Oper- to reconstruct the ZIP Code system in gation of substantial waste. We will ations appropriations bill at the same Iraq, number the telephone system in a have testimony today about some very time. different way, and restore marshlands. wealthy families in Iraq who are ex- He worked literally around the clock That, of course, is all patently nuts. tracting kickbacks from suppliers and yesterday and into today. I am not sure I mean only in this town would people from contractors in Iraq. We will have he has seen his family or has gotten not laugh out loud at that assertion. other questions about waste of money more than 2 or 3 hours sleep every You don’t need to do that to provide and waste, fraud, and abuse in this con- night for the last 2 weeks. I am serious. for the safety of our troops. tracting. He has been a totally dedicated man. We have a responsibility, it seems to I think all of us want the same thing. His efforts represent the dedication of me, to try to make sure that we win I don’t think anybody would object to the staff of the Senate Appropriations this battle in Iraq. Yes, indeed, it is a making sure that we put a structure in Committee. I am very proud of these battle. This weekend another 16 sol- place to protect the American taxpayer people. I hope everyone in the Senate diers, tragically, lost their lives. All of against the waste, fraud, and abuse. realizes how hard they have worked to us are heartbroken about those losses. You talk about a bunch of hogs in a get this bill before the Senate today. We cannot withdraw from Iraq. Some corn crib, I will tell you how to get I suggest the absence of a quorum. say let’s pull out tomorrow. We can’t that sound going. You just provide $18 The PRESIDING OFFICER. The do that. There is not any way this billion out there and say to companies: clerk will call the roll. country can do that. There would be a Come and get a part of this and do The assistant legislative clerk pro- bloodbath in Iraq tomorrow if we something in Iraq. I will show you the ceeded to call the roll. pulled out. So we have a responsibility opportunity for substantial waste, Mr. GREGG. I ask unanimous con- to stay in Iraq at this point. fraud, and abuse. We ought to make sent that the order for the quorum call But what we have a responsibility to sure, if we are going to do this—and we be rescinded. do, in my judgment, is to put this back are because I lost on this—if we are The PRESIDING OFFICER. Without on track by making it less a U.S. occu- going to do this and provide $18.6 bil- objection, it is so ordered. pation and more an international occu- lion in taxpayer funds, then let’s make AGENCY FUNDING pation. That means it is very impor- sure we shut down the opportunity to Mr. GREGG. Mr. President, I rise tant for us, as Secretary Rumsfeld said waste this money. today to address an issue within the this weekend, to build up the security Madam President, I yield the floor Appropriations Committee’s jurisdic- forces in Iraq—that is very important— and I suggest the absence of a quorum. tion, which is the subcommittee that I and do a lot of other things so at some I ask unanimous consent the quorum chair, the Subcommittee on Com- point we can withdraw our troops. But call be charged equally against both merce, Justice, State, and the Judici- especially we must understand that we sides. ary, and a letter sent to the committee need to get other countries to commit The PRESIDING OFFICER. Without as a result of the mark which came out troops so this is, in fact, an inter- objection, it is so ordered. of the full committee markup process national occupation in Iraq, not just a The clerk will call the roll. funding those major agencies. This sub- U.S. occupation. The assistant legislative clerk pro- committee has very broad jurisdiction. In response to that, some would say ceeded to call the roll. It is an exciting committee, quite hon- it is an international occupation. Mr. STEVENS. Mr. President, I ask estly, of which to be chairman. It has It is not. It is not. The over- unanimous consent that the order for the Commerce Department, it has the whelming, 90 percent of the occupation the quorum call be rescinded. Justice Department, it has Judiciary, is American. We need it to be an inter- The PRESIDING OFFICER (Mr. ROB- the FTC, FCC, and a number of other national occupation now and we need ERTS). Without objection, it is so or- major agencies, including State De- to set the stage to do the things to dered. partment. allow there to be security in Iraq, to Mr. STEVENS. Mr. President, I wish As a result of the allocation process, allow the Iraqis to develop a govern- to make special note of thanks to staff which is a process by which the chair- ment, and then to allow us to withdraw of the subcommittees who worked so man of the full committee assigns each our soldiers and bring our soldiers hard on this important legislation. of the 13 subcommittees within the Ap- home. We can’t do that this week, we This bill before the Senate required the propriations Committee an amount of can’t do that this month, but our goal work of seven of the appropriations money they can spend on the various is to do that. In the context of doing subcommittees—Defense, Foreign Op- agencies which they have responsi- that we provided $66 million requested erations, Military Construction, Home- bility for, which amount is tied to the by the Pentagon to keep those troops land Security, Commerce-Justice- overall budget passed by the Senate, so in Iraq, to provide the funds they need State, HUD–VA, and Labor-HHS. The that the overall budget, which I believe while they are in Iraq. members of our committee staff have was $784 billion, is chopped into parts Attached to this is the $18.6 billion put in long hours working not only on and each subcommittee gets a part of now for the reconstruction of Iraq. I re- this bill but on our other regular fiscal that budget which it then allocates to gret that is there. Although that recon- year 2004 appropriations bills. It meant the various agencies for which it has struction may well be necessary in working nights and most weekends of responsibility. many cases, it ought not be an obliga- the last 5 weeks. As a result of that process, this sub- tion borne by the American taxpayer. I especially thank our staff director, committee, the Subcommittee on Com- It just should not be. Yet here in the Jim Morhard, who has shepherded this merce, Justice, State, and the Judici- Senate we vote, and when we lose a bill through and coordinated these sub- ary, was the only subcommittee which vote, we lose. I lost the vote believing committees, and got us to the place actually received less of an allocation. this ought to be a burden of Iraqi oil. where we are now. In other words, our number that we Now we will pass, today, the Iraq sup- I especially thank Sid Ashworth, had for our agencies was less than plemental conference report. The clerk of the Defense Subcommittee, what, first, the President requested by, President will sign it, and the funds and her counterpart on the Democratic I believe, $700 million, and, second, will begin to flow for our troops and we side, Charlie Houy; and Paul Grove, what the House had allocated to this will also see substantial money that clerk of the Foreign Operations Sub- same group of agencies by $900 million. begins to go in contracts to recon- committee, and his counterpart, Tim Our subcommittee, when it was as- struct Iraq. Reiser. These four hammered out the signed our number, was almost $1 bil- This afternoon, as I indicated, I will compromises on the major provisions lion below the amount which was avail- chair a hearing that looks at that, to of the legislation before the Senate able to the House subcommittee and

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13757 even more significantly below what the that. But that was not really the es- matic Readiness Initiative was put for- President had requested for these agen- sence of this letter. ward. cies. That was a responsibility I was This letter was a very vitriolic at- In the absence of any indicators that willing to accept. tack on the Appropriations Committee, State has undertaken right-sizing on I am happy to try to do my job regrettably, by the Secretary of State, its own, the committee decided to in- around here. If my job involves being signed by the Secretary of State, and I clude two provisions that would compel fiscally responsible, I am more than think it has to be responded to. the State Department to right-size happy to do that. So when the chair- I am going to try to do it in a mat- downward, hopefully, two posts in man made this decision, which was a ter-of-fact way. I am not going to raise Western Europe. reasonable decision in light of the very my language to the level he raised his For the sake of argument, however, stringent numbers he had to work because I think his level was inappro- let us assume that State was, in fact, with, I worked with them and produced priate and extraordinarily able to justify its Diplomatic Readi- a bill which met those numbers. undiplomatic. But let me pursue the ness Initiative requests and that it did Our bill came out at a funding level specifics. have an effective right-sizing program which was significantly below the The Department’s—when I say ‘‘De- in place. House number. A number of the agen- partment,’’ I am referring, of course, to The Department’s letter claims that cies which were impacted obviously the State Department. The Depart- the bill provides only $67.4 million for were not happy about that. Most of ment’s appeal letter criticizes the bill the Diplomatic Hiring Initiative. That them, however, were sophisticated for not providing full funding for the simply is not true. It is not accurate, enough to realize that in the end there Diplomatic Readiness Initiative. The like much else in this letter. The Sen- was going to be a compromise between Diplomatic Readiness Initiative is the ate report clearly states that $90 mil- our committee and the House com- State Department’s plan to hire 1,158 lion is available for the Diplomatic mittee and that I suspect our number new Foreign Service officers over 3 Readiness Initiative. The State Depart- will move up closer to the House num- years. The $97 million requested in fis- ment is dissatisfied because the com- ber and, therefore, closer to the Presi- cal year 2004 represents the third and mittee considers its request for 68 new dent’s number. final year of funding for this unprece- consular officers to be part of the dip- Most of the other agencies were fair- dented hiring surge. lomatic readiness, not an add-on. ly responsible in their reaction to this, The Department’s target levels, both In fiscal year 2004, the State Depart- fairly reserved. For example, we rein terms of funding and personnel, for ment requested 68 new consular officers ceived a letter from the Justice De- the Diplomatic Readiness Initiative in addition to the final tranches of 399 partment, which took many of the were arrived at in a rather arbitrary new Foreign Service Officers. State major cuts—not cuts but reductions in way, in our opinion. State never under- claims the increase is necessary due to increases—that I had to make. This took a comprehensive review to deter- unanticipated personnel needs. letter was a very matter of fact, accu- mine where and how many additional The last-minute addition of the 68 rate statement of where they thought staff might be needed. In fiscal year new FTEs, at a cost of $22.6 million, they needed more money. 2002, the committee asked the Depart- confirms the committee’s suspicion I cannot argue with their position. In ment to provide justification for the that the Department, in fact, had not fact, in many ways, if I have more requested 1,158 new hires. The com- undertaken any meaningful workforce money as we move down the road, I mittee repeated that request, and the planning. will address those concerns very ag- request went unanswered. The second point the Department gressively: for example, in the areas of The committee, this year, asked the makes here: the Department’s appeal the FBI, ATF, DEA, and general oper- State Department to explain where the letter criticizes the bill for not pro- ations of the Justice Department. 399 new Foreign Service officers, re- viding any funding for the Bureau of These were reasonable objections. They quested in fiscal year 2004, would be Legislative Affairs, or ‘‘H’’, as it is disagreed with our funding levels, but stationed—What bureaus? What embas- commonly known. the Attorney General understood that sies?—a fairly reasonable request from For the sake of full disclosure, it we had a problem. the appropriations committee charged should be noted that the Bureau of Then we received a letter from the with protecting the pocketbooks of Legislative Affairs wrote the letter State Department. Now, the State De- American taxpayers. The State Depart- that was sent to us by the State De- partment is supposed to be diplomatic. ment could not answer the question. partment, which I think, on its face, I believe that should be one of their If any internal review process had should explain why we zeroed it out. skills. This was not a diplomatic letter. taken place to determine the proper But I will go into more specifics. It was excessive, inaccurate, and in- personnel levels for overseas posts, the The House bill contains language flammatory. It essentially attacked Department would have easily been capping both the funding and the per- the Appropriations Committee and the able to tell the committee where these sonnel of that Bureau. Why would both subcommittee in terms which I new FSOs would be placed, but they the House and the Senate Appropria- thought were grossly overstated and could not. tions Committees move to limit or, in inappropriate. In it, the Department The problem concerning the Diplo- our case, strike the office’s funding? questioned our commitment to na- matic Readiness Initiative goes hand in The reality is that both House and Sen- tional security, questioned our com- hand with the issue of right-sizing. ate appropriators are unhappy with the mitment to the State Department, and ‘‘Right-sizing’’ refers to the configura- performance of this office and are un- then went on to raise specific problems tion of U.S. Government overseas per- convinced of its necessity. There are with the bill that were not dollar re- sonnel to the minimum necessary to currently 69 full-time equivalents at H lated, for the most part, but were pol- support national interests. at an annual cost of $7.7 million. icy related, many of which were actu- According to the General Accounting The Senate CJS Subcommittee works ally policy initiatives that the State Office—this is not our committee—but almost exclusively with the State De- Department knew or had to know were according to a General Accounting Of- partment’s budget office, not the Bu- inaccurate. They based an inflam- fice report, the State Department ‘‘has reau of Legislative Affairs. In the in- matory letter on facts which were no comprehensive process in place for terest of fairness to my House and Sen- wrong. developing the staffing projections ate colleagues who might utilize the H I am going to go through that letter, that are essential to the right-sizing Department, I would consider reducing point by point, and address those process.’’ the Bureau of Legislative Affairs’ budg- issues. I am not going to address the In its appeal letter, the Department et by one-quarter to account for the overall funding issue too much because states that this claim is ‘‘no longer ac- services that are not provided to our this gets into my allocation, the allo- curate.’’ But the Department’s very subcommittee but for which we seem cation we received, and down the road use of the words ‘‘no longer’’ is an ad- to be paying. And possibly the House we will be able to address that. Down mission it did not, in fact, have a right- will take the same position. That the road, we will be able to address sizing process in place when the Diplo- would allow, of course, H to be able to

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13758 CONGRESSIONAL RECORD — SENATE November 3, 2003 work with the authorizing committees stealing their tax dollars remains on American taxpayers were, in essence, and other Congressional offices. So we the Federal payroll. So, the committee being asked to pay twice for these FSN are willing to adjust there. reiterated its request. At that point, pensions. But I think people can understand the State Department told the com- Shortly thereafter, it was brought to why, after I complete my analysis of mittee what we already knew to be the committee’s attention that certain this letter, this Bureau does not merit true: that the Privacy Act contains a officials from the Bureau of Western funding from the committee. statutory waiver for congressional Hemisphere Affairs were trying to ar- The Department appeal letter also committees of jurisdiction. range a property swap with the Gov- criticizes the bill for not providing any State then told the committee it ernment of Brazil. In other words, the funding for the Office of Legal Adviser, could have the information only if it committee specifically told the Depart- or ‘‘L’’, as it is commonly known. As could produce a letter of request. How- ment not to pay back the arrears, and the letter points out, the committee ever, the statutory waiver contains no the Bureau sought a way around the certainly does not believe the State mention of a letter. We refused to sign committee’s denial of the funding. Department’s legal needs should go un- a letter and gave the State Department In light of these inexcusable actions covered. Situations will undoubtedly a deadline to make the information and in light of the low fiscal year 2004 arise that will require a legal response available to the committee. This was allocation, the committee decided that from the Department of State. This is many months ago, and we are still the appropriate funding level for the why the committee would likely have waiting for the information. Office of Brazilian/Southern Cone Af- moved in conference to restore at least A congressional committee of juris- fairs was zero. The bill makes it clear a portion of this office’s funding, and diction should not be at the mercy of that even the Department of State is we will do that. the State Department’s legal depart- accountable for the expenditure of the The committee did not provide fund- ment and its internal rules for access American taxpayers’ dollars. The Department’s appeal letter fur- ing for L in fiscal year 2004 to make a to information. Such rules are obvi- ther criticizes the bill for not providing point as to the failures of L’s perform- ously intended to withhold information funds for the Bureau of Oceans and ance in a number of areas. This office from the American people that could International Environmental and Sci- has several times overstepped its potentially embarrass the State De- entific Affairs. It is the responsibility bounds. partment. The Office of Legal Adviser is respon- of this bureau to promote U.S. inter- It is regrettable that the Office of sible for providing timely legal advice ests in oceans, manage fish resources, Legal Adviser can so flagrantly defy and support to the Secretary of State. protect marine environment through the wisdom, the spirit, and the intent However, L regularly inserts itself into treaties, and promote U.S. interests in of a waiver for congressional commit- the policymaking process, even to the the international management of fresh tees of jurisdiction. point of telling the Congress what the water, forests, hazardous chemicals, The Department’s appeal letter fur- Congress does and does not intend by and the atmosphere. Why would any- ther criticizes the bill for not providing the laws we pass. one want to abolish an office with such funding for the Office of Brazilian/ With all due respect to the good peo- an important portfolio? Southern Cone Affairs and the Deputy ple who work at L, Senator HOLLINGS The answer is that OES is not really and I and other members of the Appro- Assistant Secretary for that office. getting the job done. The people at priations Committee really are not in- There is a very straightforward reason OES are very skilled diplomats, but terested in having State Department for the committee’s decision not to they are not using their talents to ne- lawyers tell us what we meant when we provide funding for this office. gotiate effective, forceful treaties on passed laws. This is exactly, however, In 2002, the Department decided to fisheries, forests, and the atmosphere. consolidate the Rio de Janeiro, Brazil, what L did when Senator HOLLINGS They are instead burning time and tal- tried to pass legislation allowing operations into leased facilities rather ent lobbying for more resources for Americans who were held hostage dur- than construct a new consulate build- themselves or trying to wriggle out of ing the Iranian hostage crisis to file ing. This decision left the Department initiatives which Congress has asked claims for damages against Iran. holding several properties in Rio de Ja- them to undertake. Whether my colleagues agree or dis- neiro that it could not sell due to the For the record, the bill does not abol- agree with Senator HOLLINGS’ posi- 1991 Brazilian law that requires indi- ish the OES functions, as some have tion—and it has been a position of viduals and businesses to be current on accused. The bill transfers all of the some controversy—on this particular their Social Security payments to the OES’s oceans-related responsibilities issue there can be no disagreement Government of Brazil before they can to the National Oceanic and Atmos- over the Office of Legal Adviser’s slick legally transfer property title. pheric Administration. That seems rea- lobbying tactics and outright refusal to In 1996, the State Department discon- sonable. follow the congressional direction. tinued the payment of employer con- The bill does not reassign many of Another source of frustration is L’s tributions into the Brazilian Social Se- OES’s other core functions, such as cli- past attempts to withhold information curity system for foreign service na- mate change, deforestation, et cetera. from the committee. An April, 2003, De- tional employees because the Depart- This is because the Commerce, Justice, partment of State Inspector General’s ment deemed the Brazilian Social Se- State Subcommittee does not have ju- report described the case of a State De- curity system to be fiscally unsound. risdiction over the agencies responsible partment employee who was commit- The Department deemed it to be fis- for these activities. It is not our place ting fraud against the Department. The cally unsound. The Department set up to say that the EPA Administrator IG report did not clarify the outcome its own pension system for the FSNs. should negotiate climate change trea- of the case, stating only that the em- The result of this is that the United ties on behalf of the United States ployee had been recommended for re- States now owes approximately $10 since the State Department can’t seem moval. As an oversight responsibility, million in arrears to the Government to manage to do it. we inquired as to whether the person of Brazil. The State Department had in The committee has received quiet had been removed or not. L directed the past refused to pay the arrears. The praise from a range of groups, from in- the Legislative Affairs Office not to committee supported its decision not dustry to NGOs, on the elimination of provide this information to the com- to do so because we had already paid this office. These groups share our frus- mittee on the basis that it had Privacy that $10 million in two accounts to tration with the OES’s inability, and Act protection. benefit these employers. sometimes unwillingness, to do its job I believe the American people, and However, when the Department even- in what we consider to be an effective certainly the appropriations com- tually needed to dispose of the prop- manner and have congratulated the mittee, have a right to know whether erty in Rio de Janeiro, it requested a committee on its decision to move OES or not a person accused of fraud by the reprogramming of $10 million to repay functions to agencies that actually IG has been removed from that office. the arrears. The committee denied the care about and have expertise in issues The American people have a right to Department’s request, citing the prin- such as endangered turtles, lumber im- know whether an employee caught ciple of the matter and the fact that ports, and global climate change.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13759 What is the root of the committee’s chosen to interpret this figure as $15 be transferred to what was to become a frustration with the OES? OES has million over 3 years, not $15 million for ‘‘regional hub’’ in Frankfurt. contravened statutory requirements to each of 3 years as the committee in- A little under a year ago, the State seek binding international treaties on tended. And since the actual funding Department informed the committee endangered sea turtles and shark fin- level for the soft target initiative will that the Berlin building would actually ning. On trade issues, OES has consist- fall $10 million below what was envi- be much larger than normal. In fact, ently pressed a U.S. position that sac- sioned for fiscal year 2003, the fiscal the new embassy building envisioned rifices the environmental and con- year 2004 level will have to be at least for Berlin is a 24,000 square meter co- servation agenda. It is important to $25 million to meet the goal. lossus, what the Department terms a note that things were no better under The Department has argued that $40 ‘‘special project.’’ The result is that we prior administrations. million is too much for this program. have an enormous ‘‘regional hub’’ com- Finally, there is widespread frustra- It is the committee’s position that this pound in Frankfurt and a supersized tion with the lack of expertise and in- is the right amount, especially since embassy building in Berlin. The constitutional knowledge of the OES nego- the Department appears to be playing voluted history of the Berlin project tiators due to State’s policy of con- budget games with this important ini- leads one to question whether the stantly rotating Foreign Service offi- tiative. It is extremely disheartening, State Department takes the concept of cers. Simply put, the committee got in light of the pledges given to us by right-sizing seriously at all. tired of being ignored by OES, and the leadership at the State Department, The Department’s letter also criti- Congress should also be tired of this. that they would now try to decrease cizes the bill for reducing the funding This year, the committee decided to this funding to protect soft targets. level of the Berlin project by $70 mil- take action. The action taken was con- Some of us are personally very com- lion. The Berlin project, unlike all of structive. It reassigned these impor- mitted to making sure that, when our the other capital projects requested in tant functions to people who actually Foreign Service people go overseas and fiscal year 2004, is not driven by secu- understand the issues and who are will- take their families with them, we give rity needs. The bill redirects this $70 ing to pursue them. those families reasonable protection. It million to construction of a new con- Further, the State Department’s ap- appears the Department, perhaps, is sulate building in Karachi, Pakistan. peal letter objects to the bill’s inclu- not. The design/construction phase for Ka- sion of $52 million for the Center for The Department’s appeal letter ob- rachi was not scheduled to begin until Anti-Terrorism and Security Training. jects to the bill’s inclusion of language fiscal year 2005. However, given the The CAST facility would allow the De- limiting the number of personnel work- current security situation in Pakistan, partment to consolidate training for ing in U.S. Embassies in Paris, France, the committee felt it should begin as the Bureau of Diplomatic Security and and Berlin, Germany. The letter states: soon as possible. the Anti-Terrorism Assistance Pro- ‘‘This micro-management circumvents Employees of the U.S. Consulate gram. the Department’s right-sizing plan General in Karachi have come under The Department requested $52 mil- process’’. attack on four separate occasions dur- lion for this project in fiscal year 2003. The bill includes caps on personnel ing the last decade. On two such occa- The House objected, and the Depart- because, as discussed earlier, the De- sions, the consulate building itself was ment ultimately did not receive the partment has no right-sizing process in attacked. The most recent attack oc- funding last year. In light of this, the place. And our Embassies in Paris and curred in February, 2003, when a gun- committee included the $52 million in Berlin are a living—and growing—tes- man opened fire on the local police as- fiscal year 2004. It was assumed that if tament to this. I addressed this prob- signed to the consulate. In light of the Department had requested the lem of right-sizing earlier, and I will this, the committee decided that our funds in fiscal year 2003 it would then not belabor the point. consulate in Karachi was in urgent want them to be included in the fiscal There are a couple of factors that led need of reconstruction. Shrinking the year 2004 funding. However, the Depart- the committee to choose Paris and Ber- size of an already-too-large building in ment’s appeal letter objects to their in- lin as the places to begin this manda- Berlin, Germany, seemed like a very clusion this year. tory right-sizing. The U.S. Embassy in reasonable price to pay for a badly The State Department’s inconsist- Paris has grown so large that the post needed security construction project in ency on this matter leads one to seri- now occupies several annexes through- Pakistan. It is the committee’s policy ously question the processes by which out the city in addition to the primary to address the security needs of our it determines its budgetary priorities. Embassy building. Recently, the De- embassies and consulates overseas be- In my humble opinion, they do need a partment requested to utilize $25 mil- fore constructing buildings that are de- center where they are able to train lion to renovate a building into which sirable for historical and cultural rea- their Bureau of Diplomatic Security personnel from other annexes could be sons. people, who have expanded radically in consolidated. As if the $25 million price The Department’s appeal letter criti- number over the last few years. State’s tag weren’t bad enough, shortly after cizes the bill for not providing full inconsistency on this matter is hard to State made this request the committee funding for the U.S. payment to the understand. State’s complaints about discovered that the roof of the building United Nations. The difference between the decisions of this committee are had collapsed. State continued to push the requested amount of $1 billion and rather bold, given this inconsistency. for approval of the funds to renovate the recommendation of $922 million The Department’s appeal letter next the dilapidated building—right up until can be explained by the committee’s objects to the bill’s inclusion of $40 both the House and Senate Appropria- decision not to provide the requested million for security enhancements for tions subcommittees denied this re- funds for the United States to rejoin so-called soft targets. These funds are quest. UNESCO. However, the Department intended to be used to pay for security As far as Berlin is concerned, the may not be aware of this, but we have enhancements such as guards, shatter- committee had originally been told had significant discussions with the resistant windows, emergency warning that the new embassy building planned White House and members of the ad- systems, and bollards at staff housing for the historic Pariser Platz site ministration, and I fully expect we will and American schools overseas. I start- would have to be smaller than normal, be funding UNESCO. ed this initiative in the fiscal year 2003 due to the small size of the property— Another factor contributing to the budget. A total $15 million was in- about 1.5 acres. This is how State justi- ‘‘cut’’ to this account was the commit- cluded in that bill, along with language fied to the committee the cost of pur- tee’s decision not to provide the funds drawing particular attention to the se- chasing and renovating an ample new for the United States share of the costs curity needs of our overseas schools. Or consular compound in Frankfurt, Ger- of the U.N. Human Rights Commission. at least I thought $15 million was in- many. State’s rationale was—and the The House bill contains a provision cluded in the bill. committee agreed—that if the embassy that would withhold funds for this U.N. The State Department has recently building in Berlin had to be smaller body as well. The U.N. Human Rights informed the committee that it has than necessary, some personnel could Commission is notorious because it is

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13760 CONGRESSIONAL RECORD — SENATE November 3, 2003 chaired by Libya and boasts such mem- tember 30, 2003, the committee ap- without the additional $5 million, the bers as Sudan, Cuba, and Zimbabwe. proved a reprogramming providing that Special Court may have to shut down Human Rights Watch this year called $100 million in this account would be as early as February. the U.N. Human Rights Commission: carried forward to fiscal year 2004. The The Department has criticized this ‘‘An abusers club of governments hos- result of this? State is not going to bill for trimming down what, in past tile to human rights.’’ have a $67 million shortfall, it is going years, was a grossly inflated budget for The U.N. Human Rights Commission to have a $33 million windfall. the U.N.-run tribunals while denies the ignores the real human rights viola- The State Department knew this $100 United States- and British-led tribu- tors. No resolution in the history of the million in carryover would be available nals its promised funding. This incon- commission has ever been passed on when they wrote their appeal letter. sistency is worrisome. states such as Syria, China, Saudi Ara- They knew that the Senate CJS bill as- The Department also objects to re- bia or Zimbabwe. The commission has sumed that ample carryover funding port language under peacekeeping that not addressed gross and systematic would be available. This is the most directs the United Nations to develop human rights abuses in countries such egregious part of the Department’s ap- an exit strategy for the U.N. Peace- as Bahrain, Chad, Liberia, Malawi, peal letter. It is an outright fabrica- keeping force in Cyprus. The reason for Mali, Saudi Arabia, Syria, United Arab tion. this language is simple. It is not fair Emirates, Yemen, and Zimbabwe. The But let’s turn to the real issues. The for U.S. taxpayers to have to pay for Commission is a platform for Israel- report accompanying the fiscal year missions in countries that are on the bashing. It has spent more time on 2004 bill directs the International cusp of joining the European Union. The last two years have seen the U.S. Israel than any other country. Eleven Criminal Tribunal for Rwanda to com- take on tremendous new global respon- percent of its total substantive meet- plete its work by 2004 and the Inter- sibilities, with Afghanistan and Iraq ing time has been spent on Israel alone, national Criminal Tribunal for the representing the largest. The U.S. can- while 24 percent of its time has been Former Yugoslavia to complete its not afford to keep taking on new mis- spent on all other U.N. states com- work by 2006. Both ICTY and ICTR sions if its existing missions never go bined. have been criticized for being slow and away. The U.N. mission to Cyprus Lastly and most alarmingly, the U.N. unprofessional, for having inadequate began in 1964, 39 years ago. The State Human Rights Commission is being staff, for the passivity of their judges, Department needs to use the U.S.’ used as a forum for the expression of and for their insufficient oversight of voice in the Security Council to ensure values and positions that run com- expenditures and employees. The De- that U.N. peacekeeping missions are pletely counter to America’s own. One partment of State itself has criticized held to some sort of reasonable time member state objected to the inclusion these tribunals for their shortcomings. For these reasons, the Senate report frame. of language calling cross amputation The Department also objects to the includes language urging the U.N. to ‘‘cruel, inhuman and degrading treat- bill’s failure to include language allow- develop an exit strategy for these Tri- ment’’ on the grounds that it was an ing it to carry over 15 percent of the bunals. offense to all Muslim countries. The fiscal year 2004 peacekeeping appro- The committee’s disappointment in Commission has also adopted a resolu- priations into fiscal year 2005. As I the performance of the Yugoslavia and tion affirming the legitimacy of ‘‘all mentioned earlier, the peacekeeping Rwanda Tribunals had little to do, available means,’’ including suicide- bills have been coming in much lower however, with the level of funding they bombing, ‘‘to resist foreign occupation than expected. In fiscal year 2004, the received (about one-third of the re- and for self-determination.’’ At one Department’s peacekeeping appropria- quested amount). This funding decision meeting, the Libyan Chairman shouted tion was $167 million above what it ac- had more to do with the fact that the that the U.S. war against terror tually needed. Assuming this trend bills for these 2 Tribunals—that is, the showed that the U.S. ‘‘despised human- continues, the Department’s request to ity.’’ amount the U.N. assesses to the United carry over 15 percent of its peace- Should we stand by as American tax States each year—have been much keeping appropriations is the equiva- dollars are allowed to flow to such an lower than anticipated for the past few lent of an advanced appropriation, organization? The House of Represent- years. The State Department has, for something which the subcommittee of atives doesn’t think so. The Senate Ap- several years, budgeted about twice which I am chairman has tried to propriations Committee didn’t think what it really needed to pay the U.S.’s avoid. As a rule, the committee does so. Apparently, the Department of bills for the Yugoslavia and Rwanda not provide advanced appropriations State thinks so. Tribunals. In light of this year’s low al- since they take funding decisions away The last portion of the ‘‘cut’’ to this location, we decided to hold back these from the elected representatives of the account is explained by the bill’s dis- funds and use them elsewhere. State people and hand it over to the agencies. continuation of funding for a number recently estimated that the bills for This is simply a matter of policy and of the smaller international organiza- fiscal year 2004 would come in at just proper management. tions. In the past, the committee has around the requested level. The com- The Department’s appeal letter fur- directed the State Department to re- mittee will likely adjust this level up- ther criticizes the bill for not providing view the list of smaller international wards in conference, since it is not in- full funding for Educational and Cul- organizations to which the United terested in creating new U.S. arrears tural Exchanges, but the Department’s States belongs to determine which of without a compelling reason. But it is appeal letter does not tell the whole these may no longer be worthwhile for important to note that the low Senate story. In fiscal year 2004, the Office of the United States. State has not done level for the Tribunals resulted from Management and Budget decided to so. This year, the committee began State’s own budgetary ineptitude. move the former Soviet exchange pro- making eliminations. The committee State was quick to lash out at the grams, at a cost of approximately $100 gave the State Department the chance committee for not providing full fund- million, over to the Commerce-State- to review the list itself, but it did not ing for the Yugoslavia and Rwanda War Justice Subcommittee from the For- act. Crimes Tribunals. Yet, State itself is eign Operations Subcommittee. This The Department’s appeal letter criti- withholding funds for the Special Court maneuver was intended to make room cizes the bill for not providing full for Sierra Leone. The Special Court is for the expanded Middle East exchange funding for the U.S. share of the cost of assigned the task of prosecuting those programs in the Foreign Operations United Nations peacekeeping missions. who committed atrocities during Si- budget. This was an OMB initiative. The bill provides only $483 million for erra Leone’s gruesome civil war. In fis- Whether or not one agrees that these peacekeeping while the request was cal year 2003, Congress appropriated $10 programs belong in Commerce-Justice- $550 million. This, the State Depart- million for the Special Court. State re- State, there were simply not enough ment correctly points out, is a dif- fused to provide the entire $10 million, funds in the subcommittee’s 302(b) allo- ference of $67 million. in a blatant disregard of congressional cation to absorb them. What the Department’s appeal letter intent. The Chief Prosecutor for Sierra The committee has always gener- does not acknowledge is that, on Sep- Leone has told the committee that ously supported the exchanges. They

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13761 are one part of the State Department’s The Department’s appeal letter says peacekeeping mission that places U.S. public diplomacy program that consist- it would be ‘‘impractical’’ for State to troops under the command of a foreign ently produces good results, but even submit the U.N.’s budget to the sub- national. This language is part of a the committee has to question wheth- committee. I don’t see why. Further- larger debate over the International er, if the former Soviet exchanges are more, the Department’s letter states Criminal Court. Identical language was no longer a high priority area for the that the fact the committee has re- included in last year’s Commerce-Jus- United States—which the administra- quested to receive the U.N.’s budget tice-State conference report, which tion’s budget signals they are not— ‘‘suggests that the committee would passed both the Senate and the House. then their funding needs to be reduced intend to exercise oversight over the The House included identical language and they need to be folded into an ex- U.N. budget to the same degree that it this year. Congress has spoken on this isting exchange program under Com- does over other accounts in the Presi- matter and the matter rests as it is. merce-Justice-State. OMB and the dent’s budget request.’’ This, of course, Why the State Department would write State Department should be com- is preposterous and inaccurate. The such an inflammatory letter now mitted, as I am, to reprioritizing rath- committee could never exercise this claiming that this language is inappro- er than simply adding more and pro- kind of oversight over the U.N. budget. priate is beyond my understanding, es- grams. In any event, OMB should not The U.N. is an independent inter- pecially given the history of this lan- act unilaterally, creating an impos- national organization. The committee guage. sible situation for the subcommittee can’t make the U.N. do anything. Only The Department’s appeal letter ob- given its low allocation, and then, with the Security Council can make the jects to the language included in the the State Department, write a letter U.N. do something. report requiring the Department to complaining about it. All this language does is ensure the demonstrate that consolidation of its The Department’s appeal letter fur- committee is able to account for the payroll system would result in a sav- ther objects to language in the bill de- expenditures of U.S. tax dollars. The ings for the American taxpayer. What signed to prevent the State Depart- Appropriations Committee is given the an outrageous idea that we should ask ment from making a reprogramming responsibility by the Constitution and the State Department to prove that request more than once. The com- by the taxpayers of the United States something they are planning will save mittee decided to include this language to make sure their tax dollars are money, and then actually have them after the Department requested to re- being spent effectively and to know show us how it does save money. program funding for the same project where their tax dollars are going. It There is also report language requir- five times. In this particular instance, seems reasonable that we should at ing the Department to submit a re- the committee denied the Depart- least get an accounting from the U.N. programming before it obligates any ment’s request to utilize Commerce- funding for payroll consolidation. Last Justice-State funding to construct two of how $1.5 billion is being spent, and January, the Office of Management and USAID annexes. The committee’s posi- that is all we are seeking. The State Department’s appeal letter Budget announced an initiative to con- tion has always been that the Com- further objects to language included in solidate the Federal payroll system. It merce-Justice-State Subcommittee the bill that provides for an automatic is estimated that this consolidation should not have to build buildings for transfer of funding in the event of a will reduce the number of agencies agencies over which it does not have visa fee shortfall. The Department’s any oversight. Seems reasonable to us. processing employee checks from 22 to The USAID’s operating budget does Border Security Program—essentially 4, which could save the taxpayers up to not fall under the jurisdiction of Com- its consular operations—is funded ex- $1 billion over the next 10 years. merce-Justice-State and, thus, this clusively from revenue generated The committee is very supportive of subcommittee has no way of ensuring through the Machine Readable Visa this initiative. However, State’s pay- that USAID is managing its funds wise- Fee Program. Since September 11, the roll needs are very different from the ly, that its requests for new buildings number of visa applications to the payroll needs of domestic agencies. The are legitimate, and that all of the per- United States has declined dramati- State Department currently pays over sonnel it places in these buildings are cally. This has created a shortfall in 25,000 Americans both domestically and needed in those buildings. Moreover, excess of $100 million in the Depart- overseas and over 35,000 local national separating USAID’s building function ment’s Border Security Program. This employees in 180 different countries bi- from the oversight of its own appropri- has obvious national security implica- weekly in local currencies. ators—the Foreign Operations Sub- tions. The purpose of this report language committee—allows USAID to escape The Department has been aware of is to ensure that if any payroll consoli- accountability for its capital program, this problem for more than a year now. dation takes place at the State Depart- which is not good budgeting procedure. The committee has asked the Depart- ment, that State’s unique needs are The State Department apparently ment several times to propose a com- met. has failed to grasp this concept that prehensive solution to this problem. In The committee has a right to exer- when the committee says no it means the absence of a solution, the com- cise oversight over these funds. In fact, no. mittee vowed to transfer funds from it is our obligation to do so, and I The Department’s appeal letter fur- the Department’s main operating ac- would think that State would encour- ther objects to language in the bill re- count to cover the shortfall. Con- age it rather than resist it. quiring the Department to submit the sequently, the committee included lan- The Department’s appeal letter ob- U.N.’s budget along with its own budg- guage in the fiscal year 2004 bill that jects to report language that requires et to the committee. provides just such a safety mecha- the Department to move the Office of The regular dues of the United States nism—an automatic transfer of funds— Foreign Missions out of the Bureau of to the U.N. are paid through the Com- to ensure that funding shortfalls do not Diplomatic Security to the Bureau of merce-Justice-State bill. In the fiscal disrupt the Department’s critical Bor- Management. The Office of Foreign year 2004, these dues will amount to $1 der Security operation. Missions was created to review and billion for the U.N. regular payments For the record, the committee has control the operations of foreign mis- and $550 million for peacekeeping, for a still not received a proposal from the sions in the United States and to ad- total of $1.5 billion of American tax State Department. The Department’s minister the benefits available to dollars. This amount represents almost current ad hoc system for addressing them. The Office of Foreign Missions 20 percent of the entire State Depart- funding shortfalls in the Border Secu- was originally invented as a stand- ment account, yet none of these rity Program is unacceptable. The De- alone office under the Secretary of funds—none of these funds—are justi- partment leaves the committee little State. In 1996, however, the office was fied in any meaningful way or any choice but to insist that this language moved to the Bureau of Diplomatic Se- meaningful detail to the committee. be carried forward in the report. curity. The person who was then the di- All this bill language does is allow the The Department’s appeal letter ob- rector of the office took OFM with him committee to see for what this $1.5 bil- jects to language included in the bill when he was appointed head of Diplo- lion is being used. that would withhold funds for any U.N. matic Security.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13762 CONGRESSIONAL RECORD — SENATE November 3, 2003 The committee’s reason for including fice building in Kingston, Jamaica, in- I think it is excessive when the Sec- this report language is straight- stead of utilizing an existing building retary of State and his Department forward. We have talked to several for- for both post housing and embassy wave the bloody shirt of national secu- eign ambassadors who say the Office of functions. The committee was under rity at the Senate as a way of attack- Foreign Missions acts as though its the impression this plan also was al- ing a bill they object to for policy and primary mission is to police foreign ready being implemented by the Bu- funding reasons. missions rather than assist them. We reau of Overseas Building Operations. To say that I and other members of have even had foreign diplomats tell us Perhaps we could get some further the Appropriations Committee would that they feel as though the Office of clarification. It would have been better adversely affect national security in- Foreign Missions treats them like if the Department had engaged us in a terests at a time like this is an attack ‘‘criminals’’. This is unacceptable. I am constructive dialogue, rather than that is highly inappropriate, certainly certain this penchant for sending such a letter. not diplomatic, and that is incon- heavyhandedness can be explained by The appeal letter objects to the re- sistent with the facts. As I have point- the Office of Foreign Missions’ being port language requiring the U.S. Rep- ed out, the letter State has sent us is housed in the Department’s security resentative to the Organization of Eco- inaccurate in many areas. It is a dis- branch. nomic Cooperation and Development, agreement on policies which are rea- For the second year in a row, the OECD, to submit OECD reports to the sonable and should have been debated committee has asked the Department committee prior to their release. OECD in a reasonable context. to consider moving the office back. The already submits these reports to its So unlike the Justice Department, language was ignored the first time member states. The State Department, which sent us a very matter-of-fact and and hopefully we can get it to work on behalf of the United States, is re- I thought appropriate, thoughtful let- this time. sponsible for approving these reports ter outlining what their concerns were, The appeal letter objects to report before they are released. and unlike the Commerce Department, language that directs the Department Last year, OECD released a report which was pretty happy with our bill, not to grant visas to any person caught that dealt with a particular U.S. do- the State Department has decided to trafficking in looted Iraqi antiquities. mestic issue which at the time was raise this to a higher level of antip- It objects to that language. This lan- being debated in the Congress. The athy. I think it is a mistake, and I guage says, essentially, that anyone OECD report was not intended to coin- think the record will speak for itself found to be responsible for looting and cide with the congressional action on when this letter is reviewed in the con- damaging Iraq’s historical and cul- the particular matter. However, the re- text of the facts as I have outlined turally significant works is barred lease of the report nevertheless unduly them. from receiving a U.S. visa. influenced congressional debate on the I yield the floor, and I suggest the ab- U.S. visas are not a right. They are a matter. Such scenarios must be presence of a quorum. privilege. Any person who attempts to vented in the future and this is pre- The PRESIDING OFFICER. The profit from the misfortune of the Iraqi cisely what this report language seeks clerk will call the roll. people should lose this privilege. Why to address. The bill clerk proceeded to call the The committee’s position on this the State Department opposes this is roll. matter appears to have been substan- beyond us. It is especially dis- Mr. GRASSLEY. Mr. President, I ask concerting that the Department ob- tiated by the recent release of an OECD report that made recommendations on unanimous consent that the order for jects to this language in the context of the quorum call be rescinded. an inflammatory letter that questions another politically sensitive issue cur- The PRESIDING OFFICER. Without this committee’s commitment to na- rently being debated by the Congress: objection, it is so ordered. The Senator tional security. vouchers. While in this instance the is recognized. The appeal letter objects to report OECD recommendation was in line language requiring that children over with my own views and position, I sus- (The remarks of Mr. GRASSLEY are the age of 1 be present for the adjudica- pect the opponents of my position, or printed in today’s RECORD under tion of a U.S. passport. This minor others who do not agree with the ap- ‘‘Morning Business.’’) change in Department policy, though proach to choice and vouchers, might The PRESIDING OFFICER. The Sen- admittedly an inconvenience for pass- take issue with the OECD’s timing. ator from Virginia. port applicants, would help prevent The report language merely states the Mr. ALLEN. Mr. President, I ask international child abductions. Cur- Congress too shall have opportunities unanimous consent to speak as if in rently, State Department regulations to review the list of OECD reports be- morning business. do not require children under the age fore they are released. State has twice The PRESIDING OFFICER. Without of 14 to appear personally when pass- failed to exercise discretion that objection, it is so ordered. port applications are made on their be- should have led it to disapprove reports Mr. REID. Mr. President, if the Sen- half. As a result, passport fraud involv- that inappropriately influenced con- ator will withhold, I certainly have no ing the substitution of photographs of gressional action. This report language problem with the Senator speaking. one child for another is regrettably would try to prevent that sort of fail- But we are on limited time. I ask that common. ure on their part in the future. the time the Senator from Virginia is The committee included this lan- That is a fairly comprehensive re- going to use apply to the 3 hours that guage following a Department of State sponse to almost every point in this are available under the control of the Inspector General’s report that rec- letter, except the overall funding lev- majority. ommended precisely this policy els, which brings me back to the lan- The PRESIDING OFFICER. Is there change. By law, State Department bu- guage of the original letter. This is the objection? reaus are required to respond to the language which the Secretary of State Without objection, it is so ordered. recommendations contained in an In- has directed at the Senate and the Sen- Mr. ALLEN. Thank you, Mr. Presi- spector General’s report. On July 8, ate Appropriations Committee. He says dent. 2003, the Assistant Secretary of State in this letter, which I think I have re- (The remarks of Senator ALLEN are for Consular Affairs sent a memo to sponded to in a very factual and rea- printed in today’s RECORD under the Inspector General stating that she sonably understated way, that the bill ‘‘Morning Business.’’) not only concurs with the IG’s rec- passed by the full Appropriations Com- The PRESIDING OFFICER. The Sen- ommendation, but is implementing it. mittee would adversely affect U.S. for- ator from Maine. This is good news. But one wonders eign policy and national security inter- Ms. COLLINS. Mr. President, I rise why State is attacking us for sug- ests, undermine the management of the to speak on the conference report pro- gesting it in our bill. Department, is unconstitutional, mis- viding supplemental funding for our op- Included in the appeal letter is an ob- states the legal requirements of the re- erations in Iraq and Afghanistan. jection to report language directing programming process, and raises sepa- I will support the conference report the Department to construct a new of- ration of powers concerns. because I believe we cannot abandon

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13763 either Iraq or Afghanistan prior to en- long-term loan to Iraq. Both the Sen- This is particularly important after suring that both countries are becom- ate and the House expressed strong bi- the donors conference made crystal ing free, democratic, and stable soci- partisan support for this approach. I clear that many wealthy nations, such eties. We are asking our men and continue to strongly believe there are as Saudi Arabia, France, and Germany, women in uniform to put their lives on ways to structure our reconstruction are apparently unwilling to donate any the line to accomplish this mission. assistance that would provide the Iraqi significant sums to the rebuilding Their sacrifices must not be in vain. people with the assistance they need, cause. We have an obligation to ensure that when they need it, while lessening the Despite my reservations, I believe our troops receive the resources needed long-term impact on the American tax- this package will pave the way to the to do their jobs as safely and as effec- payers. day when our soldiers finally come tively as possible. This bill will help to We should make Iraq a partner in home from Iraq. We must not waiver in accomplish that goal. this rebuilding venture, not simply the our mission to eliminate terrorism and Terrorists operating in Iraq are ac- recipient of our goodwill. Iraq has bring democracy and stability to Iraq tively working with the remnants of abundant human and economic re- and to the Middle East. I hope we will Saddam Hussein’s regime against the sources to enable it to shoulder some of continue to consider ways we can establishment of a democratic govern- the responsibility for its own future. It achieve this goal that are fair to the ment in Iraq. Every time a bomb ex- has been pointed out many times—but American taxpayers and that recognize plodes, we face a test, a test of our re- perhaps it bears repeating—that Iraq the need for a shared partnership with solve to stay and finish the job. It is has the second largest oil reserves in the Iraqi people. not easy to stay the course when our the world. The administration has esti- I yield the floor and suggest the ab- American troops are dying and getting mated that within 2 years Iraq will be sence of a quorum. wounded. But to walk away from Iraq generating $20 billion in annual oil rev- The PRESIDING OFFICER. The would hand these terrorists a victory. enue. With such an economic capa- clerk will call the roll. To walk away from Iraq now would bility, Iraq undoubtedly will have the The legislative clerk proceeded to abandon innocent Iraqis to yet another financial resources to repay this loan call the roll. Mr. LEVIN. Mr. President, I ask authoritarian regime that oppresses one day. I recognize—I emphasize—the need unanimous consent that the order for human rights and threatens the entire for help in the short term, but surely the quorum call be rescinded. region. The PRESIDING OFFICER. Without Three-quarters of the funding in this our taxpayers could be partially repaid objection, it is so ordered. bill will help provide our soldiers with in the long term. The American people are very gen- Mr. LEVIN. Mr. President, I ask that the tools they need to get the job done erous. They understand that Iraq needs I be recognized to speak for up to 10 as safely and effectively as possible. our help right now. But in the long minutes with the time coming from the The bill includes additional personnel term, we will be better off if we act in time previously allotted to Senator and health care support, much-needed partnership with the Iraqi people, giv- KENNEDY. protective equipment, such as body ing them a sense of ownership in their The PRESIDING OFFICER. Without armor and fortified Humvees that will own infrastructure by working with objection, it is so ordered. help keep our troops safer, and funding them, lending money to them, and by Mr. LEVIN. Mr. President, I am dis- for expanded military operations to making this a shared responsibility. appointed in the conference outcome pursue terrorists globally. The bill also Let me point out that the World on the emergency supplemental appro- provides $18.6 billion to build a modern Bank and the IMF have pledged money priations for Iraq and Afghanistan Se- infrastructure for Iraq and to strength- in the form of loans at the recent do- curity and Reconstruction. I had hoped en security forces. Basic services are a nors conference. Although they at- that the conferees would have followed fundamental building block of a mod- tached some conditions to the estab- the Senate’s decision to provide one- ern country. As we recently experi- lishment of a loan program, these half of the funding for Iraqi reconstruc- enced with Hurricane Isabel, the lack international financial institutions tion as a loan, which could become a of reliable electricity and clean water clearly believe that administering grant only if 90 percent of Iraq’s bilat- supplies can disrupt the most modern loans to Iraq is doable and that the eral debt was forgiven. A loan would functioning of societies. That, obvi- country will have the capacity to repay have given the Iraqis a stake in the re- ously, was a very small-scale disrup- this money in the future. construction of their own country, tion compared to what is being experi- Finally, I remain very troubled that which is important, I believe, for them enced in present-day Iraq. the status of Iraq’s preliberation for- and for us. I agree with the administration’s eign debt remains unclear. Saudi Ara- Beyond that issue, I am also dis- proposal that we must focus on build- bia, France, Germany, and Russia appointed at the administration’s re- ing an infrastructure. When I visited should not be repaid for debts incurred sponse thus far to a proposal most re- Iraq in July, I was struck by how little by Saddam Hussein while the United cently made by the October presiding damage to the infrastructure was States invests billions of its own dol- officer of the Iraqi Governing Council, caused by the war. Our precision tar- lars in reclaiming the country for the Iyad Alawi, in an opinion piece in the geting spared the bridges and much of Iraqi people. Indeed, if the leaders of New York Times on Sunday, October the infrastructure of this country, but three of those nations had had their 19. I wrote to Secretary Rumsfeld on nevertheless the infrastructure is in way, Iraq would still be suffering under October 22 to bring Mr. Alawi’s pro- shambles. the brutal regime of Saddam Hussein. posal that Iraqi Army units be recalled It is in shambles because of the dec- The American taxpayer will be justifi- at the mid-officer level and below to ades of personal greed and neglect of ably furious if one dime of his money his attention and to ask that he con- Saddam Hussein. So building a modern goes even indirectly to repaying the sider it. infrastructure for Iraq is critical to debts incurred by Saddam Hussein. I ask unanimous consent that my let- helping this country get back on its As we go forward with the distribu- ter to Secretary Rumsfeld be printed in feet as a functioning economy and a tion of the aid provided by this bill, it the RECORD at the end of my remarks. modern society. is critical that the administration con- The PRESIDING OFFICER. Without Despite my support for the goal of tinue to vigorously pursue an inter- objection, it is so ordered. building an infrastructure, I want to national agreement that will ensure (See exhibit 1.) make very clear that I am very dis- that the holders of Saddam-era debt Mr. LEVIN. Last week I discussed appointed that the conferees dropped a will not seek repayment. American the proposal with Ambassador Bremer, Senate provision I offered with many of taxpayers’ money simply cannot be and I urged him to raise this issue with my colleagues, including Senators used, even indirectly, to repay the the entire Iraqi Governing Council. BAYH, ENSIGN, NELSON, and GRAHAM. dirty debts of a dictator. That was an- Last Friday, I discussed the issue fur- That provision would have provided for other advantage of our loan proposal. ther on the Senate floor. half of the money to be used for the in- It would have made it very far less The conference report before us con- frastructure rebuilding in the form of a likely that that could occur. tains $3.2 billion for Iraqi security and

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13764 CONGRESSIONAL RECORD — SENATE November 3, 2003 law enforcement, and an additional $1.3 ticularly about other countries and nized to speak for up to 20 minutes, billion for justice, public safety infra- their traditions and cultures. We this time coming from the time pre- structure, and civil society. Included in should consult with the Iraqis who are viously allotted to Senator KENNEDY. those amounts is funding for the Iraqi presently carrying out governing func- The PRESIDING OFFICER. Without police, border patrol, facilities protections. objection, it is so ordered. tion services, the Iraqi civil defense In issuing Coalition Provisional Au- Mr. HOLLINGS. I thank the distin- corps, and the New Iraqi Army. While I thority Regulation No. 6 last July 13, guished Chair. strongly support that funding, I again Ambassador Bremer specifically com- Mr. President, I come to acknowledge call upon Secretary Rumsfeld and Am- mitted to ‘‘consult and coordinate on my ‘‘Cambodian moment’’ in the Iraq bassador Bremer to consider reassem- all matters involving the temporary war. I refer to the Cambodian moment bling the units—and I emphasize governance of Iraq’’ with the Iraqi Gov- that Senator Mansfield experienced units—of the Iraqi Army, and I call erning Council. He should do so ur- after years and years of opposing the upon them further to ask the Gov- gently, and he should do so visibly if war in Vietnam. He had a practice of erning Council in Iraq, which we estab- we truly believe Iraq can become a taking written memoranda time and lished, for their advice and rec- democratic state. The judgment of the again to both Presidents Johnson and ommendations on the wisdom of re- Governing Council on this issue may Nixon, supporting the President openly assembling units of the Iraqi Army. not be unanimous, but it is relevant. on the floor of the Senate, but finally The security situation is too serious There is another reason to consider at the time Cambodia was invaded for us to stand on ceremony. The deci- shifting course. Today, the Iraqi Army under President Nixon, he could not sion of May 15 to disband the Iraqi is being paid a lot of money to do noth- take it any longer and spoke out. Army may turn out to be a major mis- ing—$25 million a month. We know who He went on national TV and said: take. The decision made on May 15 was the officers and the noncommissioned This war was a mistake from the get against the advice of a study conducted officers are and where they live. Many go. The next day, he got a letter from under the aegis of the Department of of them are probably frustrated and an admirer who had just lost her son. State. It resulted in a significant Iraqi angry because they believed they were She said: I just buried my son and security force being tossed to the wind. serving their country by refusing to came home and watched you on this The major reason given by the De- fight for Saddam. program. You said it was a mistake partment of Defense for not reconsti- The stubborn refusal to reconsider from the get go. Why didn’t you speak tuting the Iraqi Army is that the army decisions will not do in the dangerous out sooner? melted away when we attacked. But security situation we face in Iraq. She said: My regret is that you did that happened because most of its Stubbornly staying the course we set not speak out sooner or loudly enough members did not want to lay down when we disbanded the Iraqi Army, infor me to hear. their lives for Saddam Hussein. In fact, stead of considering changing course to It is time we speak out, because unit was because Saddam Hussein knew improve the security situation, cannot less we are going to put in 100,000 or the Iraqi Army might not fight for him be tolerated. We do not need confes- 150,000 more United States troops and that he created his special security sions of error. What we do need is a get law and order in Iraq, in Baghdad, forces. willingness to try some new ap- The fact that the Iraqi Army would we are going to have operation meat proaches. At the top of the list should grinder continue, and it is our meat. not fight for Saddam is one of the rea- be to reconsider the May 15 decision to In conscience, I cannot stand silent sons we should consider reconstituting disband the Iraqi Army and, as part of any longer. What happens if we had in- it. It is surely not a reason for not that process, to involve the Iraqi Gov- vaded the city of Atlanta, let’s say. We doing so. erning Council in reconsidering that had landed at Hartsfield Airport, and Let me be clear, it is the units of the decision. then we had gone on to an aircraft car- Iraqi Army about which I am talking. EXHIBIT 1 The administration’s response to this rier and said: Whoopee, mission accom- DEAR MR. SECRETARY: Attached is a copy plished; when the truth of the matter proposal—that they are already signing of an OP-ED piece from the Sunday, October up members of the Iraqi Army—is dis- is, two divisions of Republican Guards 19, 2003 edition of the New York Times writ- have blended into the environs of At- ingenuous. While they are using indi- ten by Iyad Alawi, the president of the Iraqi vidual members for various security Governing Council for the month of October. lanta with all kind of ammunition functions, the New Iraqi Army they are This highly-significant article calls for the dumps, and all they do day in and day creating from scratch currently has call up of the Iraqi Army at least up to the out is raid the dumps, set traps, blow fewer than 1,000 members. mid-officer level, with appropriate vetting us up, kill more Americans, and we We cannot afford to transfer security by the Coalition and the Iraqi Interior Min- talk about schools opening and hos- istry, as a way of more quickly relieving the pitals working, and that we have a functions to Iraqis at that slow a pace. burden on American troops and replacing Americans are the target of more and water system. This cannot go on. It has them with Iraqi soldiers who have credibility to stop. more deadly attacks. The quicker we and legitmacy with the Iraqi people. get the Iraqi Army back in place, the Since it appears that, despite the adoption Let me start by saying I believe, un- more security we are likely to have of a new UN resolution on Iraq, there are unlike most of my colleagues, that the in- and the better off Iraq will be. likely to be large numbers of additional for- telligence we had on Iraq was sound. Nobody suggests that the Baathist eign troops made available for duty with the We knew from the outset a lot about army officers be reinstated. The pro- Coalition, Mr. Alawi’s proposal strikes me as Iraq in the sense we had conquered it posal is that mid-level officers and worthy of serious consideration. and we had two overflights, one in the I would welcome an opportunity to discuss north and one in the south. We had to below be called back and that they be this matter with you personally and, in any vetted to rid their number of those who event, would solicit your views on this mat- look down and see in the middle of committed crimes under the old re- ter. Iraq. For 10 years we knew exactly gime. Sincerely, what was going on. If we had any When I personally urged Ambassador CARL LEVIN, doubts, we could check with the Israeli Bremer last week to consider doing so, Ranking Member. intelligence. Don’t tell me Israel didn’t I further asked him to commit to tak- Enclosure. have good intelligence on nuclear ing up this issue with the Iraqi Gov- Mr. LEVIN. Mr. President, I suggest weapons because she went in there erning Council. His reply was ambig- the absence of a quorum. back in the eighties—she is a small uous, and that will not do in this ex- The PRESIDING OFFICER (Mr. country and can’t play games and can’t tremely dangerous situation. ENZI). Will the Senator withhold? wait around for the United Nations and Ambassador Bremer is running Iraq Mr. LEVIN. I do withhold. conferences. She had to knock that fa- at this time, to the extent that anyone The PRESIDING OFFICER. The Sen- cility out. is, but that doesn’t give him a monop- ator from South Carolina. What else did we know about Iraq? oly on wisdom. We are not smarter Mr. HOLLINGS. Mr. President, I ask We knew they didn’t have terrorists than everybody else in the world, par- unanimous consent that I be recog- there at the time. Oh, yes, while we are

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13765 trying to internationalize a defense ef- On October 7, President Bush said: moves’’ in fighting al-Qaeda and other terror fort, what we find is, our effort is more Facing clear evidence of peril, we can- groups, and is in for a ‘‘long, hard slog’’ in or less internationalizing terrorism. not wait for the final proof, the smok- Iraq and Afghanistan, according to a memo The most ridiculous thing on the TV ing gun that could come in the form of that Defense Secretary Donald Rumsfeld last night was to hear the President sent to top-ranking Defense officials last a mushroom cloud. week. say foreigners are in Iraq killing our Now, any reasonable, sober, mature, Despite upbeat statements by the Bush ad- soldiers. Can you imagine us, thou- experienced individual listening to ministration, the memo to Rumsfeld’s top sands of miles away, talking about for- that litany knows to vote against that staff reveals significant doubts about eigners killing our soldiers? Come on. resolution would have been pure folly. progress in the struggle against terrorists. What happened was, it did not have One has to back the President. Rumsfeld says that ‘‘it is not possible’’ to terrorists at the time we went in. They I am not on the Intelligence Com- transform the Pentagon quickly enough to tried to connect al-Qaida to Iraq, but mittee. I was not privy to any kind of effectively fight the anti-terror war and that now the President himself has ac- intelligence but I knew we had a lot of a ‘‘new institution’’ might be necessary to do that. knowledged you couldn’t connect al- intelligence. The truth is, I thought Qaida. They didn’t have nuclear capa- The memo, which diverges sharply from the Israeli intelligence was really fur- Rumsfeld’s mostly positive public com- bility. And, of course, there was no de- nishing all of this information and that ments, offers one of the most candid and so- mocracy. There weren’t people yearn- we were going in this time for our lit- bering assessments to date of how top ad- ing for it, as Deputy Secretary of De- tle friend Israel. Instead of them being ministration officials view the 2-year-old fense Wolfowitz said, meeting us in the blamed, we could finish up what Desert war on terrorism. It suggests that signifi- streets waving: Whoopee, we finally got Storm had left undone; namely, getting cant work remains and raises a number of probing questions but few detailed proposals. democracy. rid of Saddam and getting rid of nu- Anybody who knows the history of ‘‘Are we winning or losing the Global War clear at the same time. on Terror?’’ Rumsfeld asks in the Oct. 16 the Mideast knows that is a bunch of I voted for the resolution. I was mis- nonsense. They don’t have democracy memo, which goes on to cite ‘‘mixed results’’ led. Now we hear that this is not Viet- against al-Qaeda, ‘‘reasonable progress’’ in Iraq, in Syria, in Iran, in Jordan, in nam. I read my friends Tom Friedman tracking down top Iraqis and ‘‘somewhat Saudi Arabia, in Egypt, in Libya—or go and Paul Krugman. They say this is slower progress’’ in apprehending Taliban right around—Libya, in the Mideast. not a Vietnam. leaders. ‘‘Is our current situation such that Where does somebody think they are The heck it is not. This crowd has ‘the harder we work, the behinder we get’?’’ going to meet us in the streets and say: got historical amnesia. There is no he wrote. Pentagon spokesman Lawrence DiRita de- Whoopee for democracy? education in the second kick of a mule. I wish the distinguished Chair would clined to comment specifically on the memo, This was a bad mistake. We were mis- pay attention to this one. What did but he said Rumsfeld’s style is to ‘‘ask pene- lead. We are in there now, and I am George Herbert Walker Bush, the trating questions’’ to provoke candid discus- hearing the same things that the Sen- former President, say in his book, ‘‘A sion. ‘‘He’s trying to keep a sense of urgency ator heard in 1966, 1967, 1968, 1969, 1970, alive.’’ World Transformed’’? 1971 right on through 1973. Among Rumsfeld’s observations in the I firmly believed that we should not march At the time I was a young politician, two-page memo: into Baghdad. . . . To occupy Iraq would in- having just come to the Senate, listen- The United States is ‘‘just getting started’’ stantly shatter our coalition, turning the in fighting the Iraq-based terror group Ansar whole Arab world against us and make a bro- ing to those who knew. I knew Leader Al-Islam. ken tyrant into a latter day Arab hero. Mansfield would know about Vietnam. The war is hugely expensive. ‘‘The cost- . . . assigning young soldiers to a fruitless I knew my friend Senator Dick Russell benefit ratio is against us! Our cost is bil- hunt for a securely entrenched dictator and was against the war in Vietnam from lions against the terrorists’ cost of mil- condemning them to fight in what would be the get-go. Now, if Senator Mansfield lions.’’ an unwinnable urban guerrilla war. had spoken up, he could have saved Postwar stabilization efforts are very dif- That is what President George Her- 10,000 lives. We would have followed ficult. ‘‘It is pretty clear the coalition can bert Walker Bush, the President’s him in the Senate. But he was trying win in Afghanistan and Iraq in one way or another, but it will be a long, hard slog.’’ daddy, said. to follow the mistake and the misread We all knew that about Iraq. But why The memo was sent to Air Force Gen. of Maddox and the Turner joy that did we go in and why did the Senator Richard Myers, chairman of the Joint Chiefs brought about the Gulf of Tonkin reso- from South Carolina vote for the reso- of Staff; Deputy Defense Secretary Paul lution. Wolfowitz; Marine Gen. Peter Pace, vice lution last October? Why? I can tell my There are similarities. There are the chairman of the Joint Chiefs; and Douglas colleagues why. On August 7, Vice misleading statements that I have just Feith, undersecretary of Defense for policy. President CHENEY, speaking in Cali- given, the litany by the President tell- Rumsfeld asks whether the Defense De- fornia, said of Saddam Hussein: What ing us all there was reconstituted nu- partment is moving fast enough to adapt to we know now from various sources is fighting terrorists and whether the United clear. Here again we are in a guerilla that he continues to pursue a nuclear States should create a private foundation to war. It is an urban guerilla war, not in weapon. entice radical Islamic schools to a ‘‘more Then on September 8: We do know the bushes of Vietnam but we still moderate course.’’ Rumsfeld says the with absolute certainty that he is at- again are trying to win the hearts and schools, known as madrassas, may be churn- tempting to acquire the equipment he minds. ing out new terrorists faster than the United States can kill or capture them. needs in order to enrich uranium to We were trying to victimize Vietnam. In this one we are trying to Iraqi Iraq. The memo is not a policy statement, but a build a nuclear weapon. tool for shaping internal discussion. It high- Then the President of the United We are trying to do our best doing the same things over and over again. In lights a Rumsfeld trait that supporters say is States himself said, in his weekly ad- one of his greatest strengths: a willingness dress on September 14, before we voted fact, in this particular war we received to challenge subordinates to constantly reas- in October: Saddam Hussein has the the Pentagon papers a lot earlier. I ask sess problems. The memo prods Rumsfeld’s scientists and infrastructure for a nu- unanimous consent that this article in most senior advisers to think in new ways clear weapons program and has illicitly USA Today entitled ‘‘Defense Memo: A about the war on terrorism at a time when sought to purchase the equipment Grim Outlook,’’ by Secretary Rums- many are preoccupied with the 7-month-old needed to enrich uranium for a nuclear feld, be printed in the RECORD at this war in Iraq. In public, the Bush administration has weapon. particular point. There being no objection, the article been upbeat in describing the war on ter- Then on September 24, Prime Min- rorism. Attorney General John Ashcroft has ister Blair said that the assessed intel- was ordered to be printed in the noted that two-thirds of al-Qaeda’s leader- ligence has established beyond doubt RECORD, as follows: ship has been captured or killed. that Saddam continues in his efforts to [From USA Today, Oct. 22, 2003] Last month, Rumsfeld told PBS that ‘‘al- develop nuclear weapons. DEFENSE MEMO: A GRIM OUTLOOK Qaeda has been put under enormous pres- On September 8 of last year, (By Dave Moniz and Tom Squitieri) sure’’ and ‘‘their ability to function has been significantly affected.’’ Condoleezza Rice said that we do not WASHINGTON.—The United States has no want the smoking gun to be a mush- yardstick for measuring progress in the war Mr. HOLLINGS. Mr. President, I do room cloud. on terrorism, has not ‘‘yet made truly bold not know how many more similarities

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13766 CONGRESSIONAL RECORD — SENATE November 3, 2003 we are going to get. Iraq is Vietnam all to find evidence of weapons of mass destruc- fore he finally changed his mind and over for the Senator from South Caro- tion, it is even more interesting as a com- spoke. That is exactly where I am lina. ment on the ammunition that may be avail- today as I enter this particular debate Now we have to either put the troops able to terrorist who can get access to un- with respect to the supplemental. I guarded or poorly guarded depots,’’ Mr. in there or else get out as soon as we Chipman said. would oppose the supplemental on one can. I take it the present plan is to He added that shoulder-launched missiles score, namely we will not pay for it. Iraqi Iraq; namely, train up a bunch of were of particular concern, noting that So- We tell that poor GI, downtown in folks together, give them high pay. viet-era SA–7s and US Stinger systems could Baghdad, we hope you don’t get killed, They have 70-percent unemployment so fetch Dollars 5,000 (Euros 4,250, Pounds 3,000) and the reason we hope you don’t get they will all grab and get a uniform on the black market, while coalition forces killed is because we want you to hurry and act as if they are security, but that in Iraq were offering only Dollars 500 for back. We want you to hurry back so we those handed in to authorities. will give us a cover and face to leave ‘‘This proliferation problem is exacerbated can give you the bill because we are and leave as soon as we can, unless we by the porosity of Iraq’s borders in the post- not going to pay for it. We in the Con- are going to put the troops in there and conflict stage, making it easy for weapons to gress, my generation, we need a tax cut get law and order. flow outside the country and into the Middle so we can get reelected next year. We What we have done is come into Iraq East in general,’’ Mr. Chipman said. are not going to pay for it. against the military requirements of The IISS also argued that while it was un- This is the first war in the history of likely that al-Qaeda still had the capability the United States where there is no taking the city. We just stopped at the of a ‘‘mass-casualty attack’’ on US soil, its airport and declared mission accom- members might see a large-scale attack on sacrifice on the homefront. They all plished, and look around and wonder US forces inside Iraq as a ‘‘feasible sub- run around the mulberry bush here and say this is part of the war on ter- stitute’’ while they worked to reconstitute saying ‘‘it’s not Vietnam’’ and that we ror. the network. have to stay. This is not and was not a part of the ‘‘It is worth recalling that the operational We either have to get in or get out. war on terror. Yes, there are terrorists cycle for large and complex al-Qaeda oper- We can’t stand for operation meat in there now, but Iraq was not a part of ations can exceed the 25 months that have grinder to continue day in and day out. passed since 9/11,’’ Mr. Chipman said. In a war on terror, I just want the ad- the war on terror. It was quiet. It was The Military Balance study found that not bothering anybody. They did not global defense spending increased 7 per cent ministration to know that might does have al-Qaida. They did not have nu- last year in dollar terms, from Dollars not make right. On the contrary, right clear capabilities. They were not con- 786.6bn to Dollars 842.7bn, largely because of makes might. Winning the hearts and nected in any way to 9/11. We went in the huge military build-up in the US and a minds of the world’s peoples, I can tell there under a mislead. stronger eruo. you here and now, we have to get right The authors predicted another 7 per cent We learned in World War II that no on our policy in the Mideast. We all increase this year, again citing huge Pen- back Israel, but we don’t back the tak- matter how well the gun was aimed, if tagon spending increases for the bulk of the the recoil is going to kill the guncrew rise. Still, such spending levels account for ing over of these settlements. If you one does not fire the gun. only 2.6. per cent of global GDP, as compared have been a conquered people—and I Yes, it was a good aim to get Saddam with 6.2 per cent in 1985. read where the distinguished Senator but now look at the headline. I ask Mr. HOLLINGS. I thank the distin- from Alaska went down into those unanimous consent to include this par- guished Chair. We now have more ter- areas for the first time in Israel—for 35 ticular article from the Financial rorism than less terrorism. That is the years you have looked not only for Times, ‘‘Al-Qaida Exploits Insecurity fact. We have the entire world turned your light and water but your jobs up in Iraq to Acquire Weapons and Swell against us. When we cannot get Mexico in Israel. Anybody with any get-up- Its Ranks.’’ and Canada to go along with us, we are and-go has gotten up and gone, after 35 There being no objection, the mate- in trouble. years. You have the disenchanted. rial was ordered to be printed in the I am hopeful the United States will They don’t have an army or anything RECORD, as follows: win back the hearts and minds of the else like that. So don’t be amazed. You [From the Financial Times, Oct. 16, 2003] world’s people, because we were always have to play it with an even hand. Might makes right in this terror war. AL-QAEDA, ‘‘EXPLOITS INSECURITY IN IRAQ TO loved, respected, and looked up to for ACQUIRE WEAPONS AND SWELL ITS RANKS’’ leadership. We got onto this Iraqi venture, which (By Peter Speigel) In this particular venture what we was a bad mistake from the very begin- Continued instability inside Iraq has given have done is exactly what President ning. There is not any question about terrorist groups easier access to shoulder- George Herbert Walker Bush warned it. If I went to a funeral this afternoon launched anti-aircraft missiles and, poten- against. He said to watch out; do not of a fallen soldier in Iraq, what would tially, chemical or biological weapons, a go into that place. I quote again, now I say? Did they fall there for democ- leading think-tank reported yesterday in its that my distinguished friend is here. I racy? They are not going to have a de- annual evaluation of global security issues. mocracy. It is going to be the Shiite The London-based International Institute want that particular quote to appear in the RECORD again. He said in his book democracy, like they have in Iran—at for Strategic Studies said in its newly pub- best. That is exactly what Secretary lished Military Balance survey that while ‘‘A World Transformed’’: the invasion of Iraq might have isolated al- I firmly believe that we should not march Rumsfeld said we were not going to Qaeda from potential state sponsors, it was into Baghdad. To occupy Iraq would in- have. also likely to have had the effect of ‘‘swell- stantly shatter our coalition, turning the Was it for nuclear? No. ing its ranks and galvanishing its will’’. whole Arab world against us and make a bro- Was it for terrorists? No, they didn’t ‘‘War in Iraq has probably inflamed radical ken tyrant into a latter-day Arab hero. As- have terrorists there. passions among Muslims and thus increased signing young soldiers to a fruitless hunt for Your son gave his life for what? As al-Qaeda’s recruiting power and morale and, a securely entrenched dictator and con- their Senator, I am embarrassed. It at least marginally, its operational capa- demning them to fight in what would be an wasn’t for any of those things. Why we bility,’’ the report states. unwinnable urban guerrilla war. went in, the administration has yet to John Chipman, the IISS director, noted Iraq is Vietnam all over again. I that David Kay, the US’s chief weapons in- tell us. They keep changing the rules spector, had recently reported that more know the distinguished Senator from and the goalposts every time. But than 100 spawling Iraqi ammunition storage Alaska revered our friend Senator somehow, somewhere they have to sites remain unexamined. The inference Mansfield. I will never forget when really put the force in there, quit try- made by Mr. Kay was that evidence of un- Senator Mansfield said all Senators are ing to do it on the cheap, put the force conventional weapons could still be uncov- equal, and when they rolled the Sen- in there and clean out that city, so ered by coalition teams inside Iraq. ator from Alaska on a particular mat- they will quit killing them, or other- But Mr. Chipman said the unexamined deter he was concerned with, he, him- wise get out as fast as we can. pots also raised grave concerns about what self—that is Leader Mansfield—got up, arms might be available to terrorist groups, I thank the distinguished Chair. said by US intelligence officials to be mov- took the floor, and put Alaska’s The PRESIDING OFFICER. Who ing into Iraq in greater numbers. amendments up and we passed them. yields time? ‘‘While the number of uninspected sites So Senator Mansfield took some 5 Mr. STEVENS. Mr. President, I sug- may be interesting in terms of the struggle years and 17 memos to Presidents be- gest the absence of a quorum.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13767 The PRESIDING OFFICER. The it now. Whether or not weapons of in Chief. What is his plan of action? clerk will call the roll. mass destruction are eventually found, What must be accomplished? What is The assistant legislative clerk pro- whether they were there before or not, the measure of our success? What is ceeded to call the roll. whether international terrorists were the intended timetable for reconciling Mr. STEVENS. Mr. President, I ask there or not—none of these questions, and accomplishing them? unanimous consent that the last 20 nor their answers, nor the debates over To the question he was asked at the minutes of the time under the control them, change or will change the situa- press conference last week, would he of the previous order be divided so that tion we are in today, which is that guarantee there would be less than Senator BYRD has 10 minutes next to 138,000 of our sons and daughters are in 200,000 troops in Iraq a year from now, last and that I have the last 10 min- Iraq because they were sent there. he replied, ‘‘That is a trick question.’’ utes. They are risking their lives. Some are That is not a trick question. It is es- The PRESIDING OFFICER. Without fighting for their lives. Some are losing sential. What is the timetable for the objection, it is so ordered. their lives to carry out the orders they men and women serving over there, Mr. STEVENS. I suggest the absence have been given to fulfill the mission suffering over there, fighting and of a quorum. they have been assigned. They have dying? What is the timetable to bring The PRESIDING OFFICER. The done so courageously, heroically and, them home with a victory accom- clerk will call the roll. to this point, successfully. This supple- plished? Those are questions that de- The legislative clerk proceeded to mental funding gives their Commander serve answers. They deserve truthful call the roll. in Chief almost everything he asked us answers because, for $87 billion, the Mr. STEVENS. Mr. President, I ask for. It gives the military command ev- American people—all of us—deserve to unanimous consent that the order for erything they asked us for, gives the be told the truth. Mr. President, $87 the quorum call be rescinded. soldiers everything they need to com- billion is a lot to pay for the truth. It The PRESIDING OFFICER (Mr. COR- plete these assignments successfully, is way too much to pay for partial NYN). Without objection, it is so or- to accomplish their mission victori- truths or fabrications or misrepresen- dered. ously, as quickly and efficiently and tations or outright lies. Mr. DAYTON. I ask unanimous con- completely as possible, and we do so This administration must tell us the sent that the order for the quorum call because they must succeed. truth, the whole truth, nothing but the be rescinded. Our country must succeed. We must truth, the good, the bad, the ugly, and The PRESIDING OFFICER. Without prevail in the very difficult cir- the successes and the nonsuccesses. If objection, it is so ordered. cumstances in which we are entangled not, the credibility of those who are in Mr. DAYTON. Mr. President, it is a in Iraq. We must win a lasting victory command will suffer. That loss of faith sad and somber day to consider the there militarily, economically, and so- and trust in our leaders is something conference report on the $87.5 billion cially. We must succeed and establish a we cannot afford—ever—in this coun- supplemental appropriations for the new Iraqi government, which will be try, but especially not now. continuing wars in Iraq and Afghani- able to itself succeed after we leave. On last Saturday, a U.S. commander stan. Yesterday was the worst loss of We must assist and enable the Iraqi said that the opposition’s attacks are American lives in any day in Iraq. Six- people to succeed now and after we de- ‘‘strategically and operationally insig- teen American soldiers died in a heli- part. We must win this war we started nificant.’’ What are we supposed to be- copter brought down by a ground- because the consequences of failure lieve the day after the most damaging, launched rocket. Twenty others were would be catastrophic. Failure is not fatality-filled day of the war for Amer- wounded in that horrible moment. An- an option—not for our sake, not for icans? other U.S. soldier was killed when his Iraq’s sake, not for the world’s sake. When Democratic Senators were not Humvee was ambushed by a roadside We must not lose this war. allowed to travel to Iraq during the bomb in Baghdad. I speak as somebody who voted last recess to see firsthand, as I was Another convoy was attacked in against last year’s congressional reso- able to do with the Presiding Officer Fallujah, a city west of Baghdad. One lution that authorized the President to and a bipartisan delegation in July, U.S. vehicle was destroyed and no cas- start this war. I thought it was pre- when Democratic Senators are not al- ualties were officially reported. Yet an- mature a year ago last October. I lowed to see for themselves what is ac- other attack on that city killed two thought it was unconstitutional. I tually going on in that country, then American civilians and wounded one. thought it was a mistake, that it would what are we supposed to believe when In Abu Ghraib, a western suburb of weaken, not strengthen, our national what we are told by others turns out Baghdad, U.S. soldiers and residents re- security. I said then I hoped I was not to be true, such as when we are portedly fought in the streets. The wrong. Today I don’t believe I was, but told, as we were last August, that 95 residents said at least one American that is irrelevant to what we face percent of that country is now peaceful soldier had been killed, along with sev- today—that we are fighting a war in and is secure, and these atrocities con- eral Iraqis. That is in one terrible day. Iraq. The Americans and the Iraqis who tinue day after day taking the lives of Our deepest condolences and prayers are supporting them there are fighting Americans and maiming and wounding go out to the families and friends of for their lives, and we must win the others. Tell us the truth. those brave Americans who gave their war and secure that peace so we can Secondly, it is imperative that the lives in the service of their country, as leave that country with a victory that administration spend this $87.5 billion those who have lost their lives before will last. well and spend it wisely. The President them. Failure, pulling out now or at any insisted that all the money for eco- I will support this additional funding time, followed by the collapse of that nomic and social rehabilitation be for one primary reason, and that is to country—whatever government, what- grants, not loans, as a majority, myself win this war in Iraq, to secure lasting ever resulting civil war or anarchy, or included, in the Senate would have pre- victory there and in Afghanistan, and if a return to power by Saddam Hussein ferred. The fact they are grants is all then bring our American troops home would occur—would be a disaster for the more reason to make sure all those as quickly as possible. That should be a Iraq and for us. It would be devastating dollars go to get the job done as soon goal we can all agree on, something to our national security, to our stand- as possible because American troops’ that unites us all in this Chamber and ing in the eyes of the world, to our lives are depending upon it, because as Americans. Let’s do what we must ability to lead that world. every day they don’t come home is a to secure our military victory, to es- Failure is not an option, so we must day more casualties are likely to tablish the framework for continuing proceed and succeed. How? I have my occur. success there, and then let’s get our ideas. Everyone else in the Senate has Any company, any individual, any troops home as soon and as safe as pos- his or her ideas, and House Members American corporation, or American sible. have their ideas. Every retired general citizen who is taking money under Whether we agreed or disagreed with has lots of ideas. What matters most is those pretexts and is not putting that the decision to start this war, we are in what are the ideas of the Commander money to its proper use is a traitor to

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13768 CONGRESSIONAL RECORD — SENATE November 3, 2003 this country and to the cause for which I am glad to see included an amend- The PRESIDING OFFICER. Without those men and women are fighting and ment that Senator GRAHAM of Florida objection, it is so ordered. risking and giving their lives. proposed, which I was also pleased to Mr. BYRD. Mr. President, how much The reports we have read of rampant cosponsor, that will prevent the Pen- time do I have remaining? overcharging by certain companies, tagon for charging our wounded sol- The PRESIDING OFFICER. Under egregious overcharging for the price of diers for the cost of their meals and the order, the Senator has 60 minutes. oil that is being transported into that hospitalization or rehabilitation. It There are 58 minutes 56 seconds re- oil-rich country, reports of kickbacks doesn’t seem it should be necessary, maining on that 60 minutes. and bribes necessary to secure con- but given they are paying that price Mr. BYRD. Mr. President, I thank tracts, reports of sweetheart deals for their service, the least we can to is the Chair. Mr. President, I ask unani- being arranged, no-bid contracts being feed them at our expense. mous consent that I yield to the distin- awarded, of people in Washington set- I am also pleased the conferees in- guished Senator from California, Mrs. ting up shop and telling those who cluded the requirement that each BOXER, who has been yielded time by want contracts over there that the member of the Reserve or National the distinguished minority leader. I means to achieve them, not because Guard who is serving in Iraq on active yield the floor to her, if the Chair so they are well qualified, but because duty has to be informed in writing recognizes her. they have higher up connections—that when their tour of duty will be con- The PRESIDING OFFICER. The Sen- would be an abomination. It would be a cluded so they and their families will ator from California. waste of taxpayers’ money. It would be know when they can count on their re- Mrs. BOXER. Mr. President, I have a desecration of the memories of the turn. been yielded 10 minutes by the minor- men and women who have given so I strongly urge the Secretary of De- ity leader, which I would like to use at much on behalf of our country there, fense and the Chairman of the Joint this time. and it would delay—and this is what is Chiefs of Staff, that the period of de- I start off by first saying this is a most unforgivable—it would delay the mobilization, the time from when very hard time for our country. Clear- achieving of success that is necessary troops, especially those who are going ly, for my State, the kind of horror we to bring our men and women home to be deactivated, Guard men and have seen from these uncontrollable with a lasting victory achieved. women, reservists, from the time they fires has been just unspeakable. Fi- We must get rid of Saddam Hussein. arrive back home and the time when nally, we are getting them contained. When I was in Iraq last July, I was told they are released to their families, At this point, we have lost 3,400 homes. by a commanding general it was an ur- homes, jobs, that time be kept to an Some 750,000 acres have burned. We gent priority, an urgent necessity to absolute minimum—days, at least a have had 20 deaths, one of them a fire- remove him and his two sons from week or two, rather than the weeks and man from my home county. power permanently by whatever means months I am told typically it takes. It For me, the bill that is before us is a necessary. The military of the United is important we treat these men and mixed bag in many ways. It does have States is two-thirds of the way toward women well for what they have given funding for these disasters. It does that objective. The people of Iraq must on behalf of their country so that we have money for our brave, courageous, be assured, and every day they are not retain their services for future needs. and extraordinary heroes and, of again delays our success. They must be I support this supplemental appro- course, I support all of that. What I do assured Saddam Hussein will not re- priations with the regret that it is nec- not support is the fact that many of turn to terrorize that country ever essary but the resolve that it is what the provisions have been dropped that again. we must do to achieve victory. I want would have made a difference in our Finally, we must treat our Armed to be able to face our fellow citizens policy there. We are going down a path Forces in Iraq as well as we possibly with the assurance that it is money that is bringing the American people can during and in the aftermath of this that is needed, money that is going to pain deep within their hearts that one war, and those fighting in Afghanistan be spent as it was appropriated, and just cannot even measure. as well. I am very pleased that the con- money that is going to be spent as it I have long talked about shoulder- ferees included an amendment my col- was intended. fired missiles and what they can do to The PRESIDING OFFICER. The Sen- league from Minnesota, Senator COLE- aircraft. We have seen that in the ator’s time has expired. MAN, and I sponsored that earmarked starkest possible way. I feel so much Mr. DAYTON. I ask unanimous con- $55 million of this appropriation for the sadness given what is happening in my sent for 1 minute to conclude my re- travel costs of troops to come back to State. I am glad the President is com- marks. the United States, to cover their air- The PRESIDING OFFICER. Without ing there tomorrow. I am writing a let- fare to their homes and back, whereas objection, it is so ordered. ter to FEMA. I have been calling Direc- previously they were being forced to Mr. DAYTON. Mr. President, I want tor Michael Brown, who has been very pay that airfare themselves to get back us to walk out of that situation with compassionate, to set up disaster cen- to their families and loved ones. Most our heads held high—on which the ters. I have been calling on him to of them, in fact, from Minnesota who hopes and dreams of the Iraqi popu- work with me in encouraging the mort- are serving now have had their tours of lation now depend—with the victory gage companies to be as good to their duty extended from 6 months to a year, and success we want to achieve, with mortgage holders as Fannie Mae has after they arrived in Iraq with no re- the result we want to give the Iraqi been, giving them a chance to recoup course, no opportunity to make those people—a democratically elected gov- and getting those individual and busi- arrangements back home, except after ernment, a country that has hope and ness loans to start rebuilding, which the fact. So the chance to come home means for a better future and which re- we will. We will rebuild. for 2 weeks is crucial for them, for stores this country’s standing in the I went back to look at my own record their spouses, and for their children. eyes of the rest of the world, the stat- on fire issues since maybe 5, 6, 7 years Given the financial sacrifices many ure, the respect we have had and that ago. We have been urging for so many of them have incurred by virtue of we deserve to have and that we must years that communities close to na- leaving better paying jobs, sometimes have to be the leader of this world in tional forests be paid special attention. losing small businesses they had under- the years ahead. So there will be more time to talk way, incurring those financial hard- I thank the Chair. I yield the floor about all of that. ships are such that even a round-trip and suggest the absence of a quorum. Today, I wish to eulogize our young plane ticket can be an almost prohibi- The PRESIDING OFFICER. The men and women who have died during tive expense. It seems to be the least clerk will call the roll. the war in Iraq, as well as those who we can do and should do and, according The legislative clerk proceeded to have been killed during this postwar to this bill, are going to do to thank call the roll. period. I simply want to call attention them and give them a chance to con- Mr. BYRD. Mr. President, I ask unan- to the Californians who have died in nect with their families before they go imous consent that the order for the this conflict. We have lost 73 young back to again risk their lives in Iraq. quorum call be rescinded. people in this war from California. My

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13769 colleagues will note that there are 72 We should concentrate our force in the references to me, and for her courage, on this list behind me. We just learned area of the country that is so very dan- for her foresight and vision, and for the of the first woman from California gerous. We should get help from the en- strength she has shown, not only on today. That puts us up to 73. I want to tire world to do that. This burden can- this matter but also on many others, read their names. I am not going to tell not keep on falling on America’s fami- over the years I have served with her. my colleague about each and every one lies. I thank her for her friendship. I express of them. I am going to put that in the Many reporting requirements were only the highest of regard for her in RECORD: dropped from this bill. I asked for a the difficult situation she finds her Michael Bitz, Jose Garibay, Jorge specific report detailing the extent to State in at this time, and also, Mr. Gonzalez, Thomas Mullen Adams, Jose which U.S. military personnel have President, for the position she has so Gutierrez, Randal Kent Rosacker, Mi- been replaced by international troops valiantly held on this particular bill chael Vann Johnson, Jr., Ryan or Iraqi forces in secure areas of Iraq— that is before us, and the subject mat- Beaupre, Therrel Shane Childers, Brian the 80 percent solution I talked about. ter of this bill, throughout the time it Matthew Kennedy, Kendall Damon The conference report requires a report has come before the Senate. Watersbey, Kevin Nave, William White, on U.S. efforts to increase the number How much time do I have remaining? Joseph Menusa, Jesus Suarez Del of international troops, but basically it The PRESIDING OFFICER. The Sen- Solar, Patrick T. O’Day, Francisco Flo- has dropped the portion where we talk ator has 44 minutes remaining. res, Aaron Contreras, Donald May, about that 80 percent of the country. Mr. BYRD. Mr. President, the Iraq Robert Rodriguez, Michael Lalush, The PRESIDING OFFICER. The time supplemental conference report before Brian McGinnis, Christian Gurtner, of the Senator has expired. the Senate today has been widely de- Erik Silva, Benjamin Sammis, Chad Mrs. BOXER. I ask for an additional scribed as a victory for President Bush. Bales, Mark Evnin, Eric Smith, Travis 2 minutes from the time of the Senator If hardball politics and lockstep par- Ford, Devon Jones, Duane Rios, Ed- from West Virginia and then I will con- tisanship are the stuff of which victory ward Smith, Jesus Medellin, Juan clude. is made, then I suppose the assessments are accurate. But if reasoned Garza, Jr., Jeffrey Bohr, Jr., Jesus Mr. BYRD. Mr. President, I yield 2 discourse, integrity, and account- Gonzalez, Riayan A. Tejeda, David minutes of my time to the Senator ability are the measures of true vic- Owens, Jr., Jason Mileo, Troy Jenkins, from California. tory, then this package falls far short Osbaldo Orozco, Jose Rodriguez, Jakub The PRESIDING OFFICER. Without objection, it is so ordered. of the mark. Kowalik, Douglas Marencoreyes, An- In the end, the President wrung vir- Mrs. BOXER. I thank Senator BYRD. drew Lamont, William Moore, Timothy tually every important concession he It has been my privilege to work with Ryan, Aaron White, Kirk Straseskie, sought from the House-Senate con- the Senator on this issue. You have Jonathan Lambert, Atanacio Marin, ference committee. Key provisions the been around far longer than I have Ryan Cox, Andrew Chris, Travis Senate had debated extensively, voted been, but I have been around a long Bradachnall, Paul Nakamura, David on, and included in its version of the time. Moreno, Andrew Tetrault, Cory Geurin, bill—such as providing half of the Iraq I have seen Vietnam. I have seen our Evan Ashcraft, David Perry, Daniel reconstruction funding in the form of troops become sitting ducks. I have Parker, Kylan Jones-Huffman, Pablo loans instead of grants—were thrown seen it. It doesn’t have to be this way. Manzano, Joseph Robsky, Jr., Joshua overboard in the conference agreement. There are other ways to deal with this. McIntosh, Sean Silva, Jose Casanova, Senators who had made compelling ar- I hope and continue to pray we will Sean Grilley, Michael Hancock, Jose guments on the Senate floor only days have an exit strategy that includes Mora, Steven Acosta, Paul Velazquez, earlier to limit American taxpayers’ li- help from the entire civilized world. We and this is the first woman to die in ability by providing some of the Iraq this war from California, Karina Lau, know Iraq was a haven for a most bru- reconstruction aid in the form of loans age 20, of Livingston, killed on Novem- tal tyrant—one of the most brutal in suddenly reversed their position in con- ber 2 in Iraq. Karina was onboard a all history, Saddam Hussein. We know ference and bowed to the power of the Chinook helicopter when it was at- that. We know he is essentially gone. Presidency. tacked. She was assigned to B Com- That is a plus. But now Iraq has be- Before us today is a massive $87 bil- pany, 16th Signal Battalion, 3rd Signal come a haven for the terrorists. It was lion supplemental appropriations pack- Brigade, in Fort Hood, TX. not supposed to be thus. Doesn’t it age that commits this Nation to a long We send our deepest love and sym- mean something when the President and costly occupation and reconstruc- pathy to all of these families. and his people tell the American people tion of Iraq. Yet the collective wisdom This is what is happening in Iraq. what is going to happen? Doesn’t it of the House and Senate appropriations Maybe we do not see the bodies coming mean something to say: You know conference that produced it was little home but this is what is happening in what, we predicted this and this. It more than a shadow play, Iraq. It was not supposed to be thus. I didn’t happen. We need a new strategy. choreographed to stifle dissent and sit on the Foreign Relations Com- That is what I was hoping for in this rubberstamp the President’s request. mittee and they told us we would be bill. Everything that really was leading Perhaps this ‘‘take no prisoners’’ ap- welcomed as liberators. They said the toward that got voted down. Senator proach is how the President and his ad- purpose was to get the weapons of mass BYRD’s amendments, Senator KEN- visers define victory. But I fear they destruction, and the purpose was to get NEDY’s, others, the ones that were are fixated on the muscle of the poli- rid of Saddam Hussein. agreed to here have been knocked out, tics instead of on the wisdom of the If those were the purposes, it is time so we do not have the type of reporting policy. The fact of the matter is, when now to rethink what we are doing requirements that would have shown it comes to policy, the Iraq supple- there. That means, it seems to me, to us progress. mental is a monument to failure. admit that it is not going the way the Instead, we have a continuation of Consider, for example, that before American people were promised. the status quo. I am very surprised, for the war the President’s policy advisers We are told 80 percent of Iraq is safe. example, that the loan turned into a assured the American people Iraq We have been told that by many peo- grant. I don’t think that is good for would largely be able to finance its ple. We have been told that by Paul taxpayers. own reconstruction through oil reve- Wolfowitz. We have been told that by I thank you for your patience. I nues, seized assets, and increased eco- Ambassador Bremer. I am going to thank my colleague. I pray and hope nomic productivity. The $18 billion in take them at their word—80 percent of for a new strategy. this supplemental earmarked for the Iraq is safe. Then why do we have to I yield the floor. reconstruction of Iraq is testament to have only our young people, with a few The PRESIDING OFFICER. The Sen- the fallacy of that prediction. It is the others sprinkled in, in those areas? ator from West Virginia. American taxpayer, not the Iraqi oil What we need to do is bring in the Mr. BYRD. Mr. President, I thank industry, that is being called upon to peacekeepers, if things are safe in the very distinguished Senator from shoulder the financial burden of re- those areas, 80 percent of the country. California, Senator BOXER, for her kind building Iraq.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13770 CONGRESSIONAL RECORD — SENATE November 3, 2003 The international community on sloganeering—to American forces in orderly withdrawal of American troops which the administration pinned such Iraq. from Iraq. We do not now have such a hope for helping in the reconstruction The supplemental package before the plan, and the supplemental conference of Iraq has collectively ponied up only Senate does nothing to internation- report before the Senate does not pro- $13 billion, and the bulk of those alize the occupation of Iraq, and there- vide such a plan. The $87 billion in this pledges—$9 billion—is in the form of fore it is not a vote for our troops in appropriations bill provides the where- loans or credits, not grants. But still Iraq. We had a chance in the beginning withal for the United States to stay in the White House claims victory for to win international consensus on deal- Iraq when what we badly need is a arm-twisting Congress into reversing ing with Iraq, but the administration course correction. The President owes itself on the question of loans and pro- was in too big a hurry, the White House the American people an exit strategy viding the entire $18 billion in U.S. tax was in too big a hurry. The administra- for Iraq. It is time for the President to dollars in the form of outright grants tion squandered that opportunity when deliver. to Iraq. I readily admit that how this the President gave the back of his hand I have great respect and affection for convoluted logic can be construed as a to the United Nations and preemp- my fellow Senators and my colleagues victory for the President is beyond me. tively invaded Iraq. on the Senate Appropriations Com- But reconstruction is only part of the Under this administration’s Iraq pol- mittee. No one could ask for a finer story. On May 1, the President stood on icy, endorsed in the President’s so- committee chairman than Senator TED the deck of the USS Abraham Lincoln— called victory on this supplemental, it STEVENS. I have even greater respect strategically postured beneath a ban- is American troops who are walking and greater affection and greater dedi- ner that declared ‘‘Mission Accom- the mean streets of Baghdad; it is cation to the institution of the Senate plished’’—and pronounced the end of American troops who are succumbing and the Constitution of the United major combat operations in Iraq. in growing numbers to a common and States by which this Senate was estab- Since that day, however, more Amer- all too deadly cocktail of anti-Amer- lished. ican military personnel have been ican bombs and bullets in Iraq. Every Senator upon taking office killed in Iraq than were killed during The terrible violence in Iraq on Sun- swears an oath to support and defend the major combat phase of the war. Ac- day—the deaths of 16 soldiers and the the Constitution of the United States. cording to the Defense Department, 376 downing of an American helicopter, the It is the Constitution of the United American troops have been killed to killing of another soldier, and a bomb States—not the President of the United date in Iraq and nearly two-thirds of attack and the deaths of 2 American ci- States, not a political party, but the those deaths, 238, have occurred since vilian contractors in a mine explo- Constitution—to which all Senators May 1, when the President declared sion—is only the latest evidence that swear an oath of loyalty before God that the major combat had ended. the administration’s lack of postwar and man. I am here to tell you that When President Bush uttered the un- planning for Iraq is producing an er- neither the Constitution nor the Amer- wise challenge, ‘‘Bring ’em on,’’ on ratic, chaotic situation on the ground ican people are well served by a process July 2, the enemy did, indeed, ‘‘bring with little hope for a quick turn- and a product that are based on blind them on,’’ and with a vengeance. Since around. We appear to be lurching from adherence to the will of the White the President made that comment, one assault on our troops to the next House and to the will of the President more than 165 American soldiers have while making little, if any, headway in at the expense of congressional checks been killed in Iraq. As the death toll stabilizing our improving security in and balances. It is as if, in a rush to mounts, it has become clear that the that unfortunate country. support the President’s policy, this enemy intends to keep on ‘‘bringing The failure to secure the vast stock- White House is prepared to put blinders ’em on.’’ piles of deadly conventional weapons in on the Congress. The $66 billion in this supplemental Iraq, including shoulder-fired surface- This supplemental spending bill is a required to continue the United States to-air missiles such as the one that case in point. One of the earliest military occupation of Iraq over the may have brought down the United amendments that was defeated on the next year and the steadily rising death States helicopter on Sunday, is one of Senate floor was the one I offered to toll are testament to the utter hollow- many mistakes the administration hold back a portion of the reconstruc- ness of the President’s declaration made that is coming back to haunt us tion money and give the Senate a sec- aboard the USS Abraham Lincoln and today. ond chance—give the Senate a second the careless bravado of his challenge to Perhaps the biggest mistake, the vote—on whether to release that ‘‘bring ’em on.’’ costliest mistake, following the colos- money. Apparently, the President and It has been said many times on the sal mistake of launching a preemptive his supporters did not want to give the floor of this Senate that a vote for this attack on Iraq, is the administration’s Senate an opportunity to review the supplemental is a vote for our troops in failure to have a clearly defined mis- progress—or lack of progress—in Iraq Iraq. The implication of that state- sion and exit strategy for Iraq. and have a second chance to debate the ment is that a vote against the supple- The President continues to insist wisdom of spending billions of tax- mental is a vote against our troops. I that the United States will persevere payers’ dollars on the reconstruction find that twisted logic to be both irra- in its mission in Iraq and that our re- effort. tional and offensive. To my mind, solve is unshakable. But it is time, Time after time the House-Senate backing a flawed policy with a flawed past time, for the President to tell the conference committee was given the appropriations bill hurts our troops in American people exactly what that opportunity to restore or impose ac- Iraq more than it helps them. mission is, how he intends to accom- countability on the administration for Endorsing and funding a policy that plish it, and what his exit strategy is the money being appropriated in the does nothing to relieve American for the American troops in Iraq. It is Iraq supplemental, and time after time troops in Iraq is not, in my opinion, a the American people out there—it is the House-Senate conference com- support-the-troops measure. Our troops the American people—who will ulti- mittee majority beat back those meas- in Iraq and elsewhere in the world have mately decide how long we will stay in ures. The conferees, for example, de- no stronger advocate than ROBERT C. Iraq. feated on a party-line vote an amend- BYRD, senior Senator from the great It is not enough for the President to ment I offered which would have re- State of West Virginia, where moun- maintain that the United States will quired that the head of the Coalition taineers are always free. I support our not be driven out of Iraq by the in- Provisional Authority in Iraq be con- troops. I have been supporting our creasing violence against American firmed by the Senate. Senate confirma- troops for more than 50 years as a soldiers. He must also demonstrate tion of the Coalition Provisional Au- Member of the Congress of the United leadership by presenting the American thority in Iraq would have ensured States. I pray for the safety of our people with a plan to stem the free- that the person who is managing tens troops. I will continue to fight for a co- wheeling violence in Iraq, return the of billions of dollars in Iraq for the herent policy that brings real help— government of that country to the American taxpayers would be account- not just longer deployments and empty Iraqi people, and pave the way for the able to the public—to the people out

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13771 there who are watching through those rality; morality implies standards of the tactical vehicles that are armored electronic lenses. The current ap- conduct. I do not include arm twisting that provide increased protection pointee, L. Paul Bremer III, is not. He and intimidation in my definition of against the improvised explosive de- answers to the Secretary of Defense exemplary standards of conduct. vices being used throughout Iraq. Par- and the President—not to Congress and Moreover, we should not forget that ticularly I was concerned about the ex- not to the American people. not all victories are created equal. In posure of some of our National Guard The conferees approved a provision 280 B.C., Pyrrhus, the ruler of Epirus in forces. creating an inspector general for the northern Greece, took his formidable The Presiding Officer and myself rep- Coalition Provisional Authority, but I armies to Italy and defeated the Ro- resent the State of Rhode Island. We am dismayed to say that this indi- mans at Heraclea, and again at have two military police companies. vidual is not subject to Senate con- Asculum in 279 B.C., but suffered un- The Presiding Officer supported me and firmation. I am dismayed that the con- bearably heavy losses. ‘‘One more such worked with me closely in trying to ferees defeated my amendment that victory and I am lost,’’ he said. craft this amendment so we could in- would have required the inspector gen- It is to Pyrrhus that we owe the term crease the number of uparmored eral to testify before Congress when in- ‘‘pyrrhic victory,’’ to describe a victory Humvees. vited. I am dismayed that the Presi- so costly as to be ruinous. This supple- My original proposal was to increase dent can refuse to send Congress the mental and the policy which it sup- the number in this bill by 800. I am results of the inspector general’s work. ports, unfortunately, may prove to be a very pleased to say this bill contains Could it be that the President’s sup- pyrrhic victory for the Bush adminis- an additional 318 uparmored Humvees. porters are afraid to hear what the in- tration. I thank Senator STEVENS particu- spector general might tell them? Could The conference report before the Sen- larly because on the floor he not only it be that the President’s supporters in ate today is a flawed agreement that accepted this amendment, but he did Congress would rather blindly follow was produced by political imperative, his utmost with his staff to ensure the President instead of risking reality not by reasoned policy considerations. these additional uparmored Humvees by opening their eyes to what could be This is not a good bill for our troops in would be available to our troops in the uncomfortable facts? Iraq. This is not a good bill for Amer- field. This is good news to me, but bet- The conference also stripped out my ican taxpayers. This is not a good bill ter news for the troops who will use amendment to the Senate bill that for the mothers and fathers and sisters them and the families back here who would have required the General Ac- and brothers and husbands and wives of each day monitor the newspapers and counting Office to conduct ongoing au- the troops in Iraq. This is not good pol- the television and watch and hope their dits of the expenditure of taxpayer dol- icy for the United States of America. soldiers, their military personnel, have lars for the reconstruction of Iraq. On Victory is not always about winning. every margin of safety and protection the Senate floor my amendment re- Sometimes victory is simply about they need. quired such audits, and it was adopted being right. This conference report The second amendment I offered was by a vote of 97 to zero—97 to nothing. does not reflect the right policy for with respect to the end strength of the But in the House-Senate conference, it Iraq or the right policy for America. active U.S. Army. Unfortunately, this was blown away. It was defeated in the I oppose it, and I will vote ‘‘no’’ on proposal, although it succeeded on the House-Senate conference by the Senate final passage. floor of the Senate—it resisted a mo- conferees on a 15-to-14 straight-line Mr. President, I yield the floor. tion to table by a vote of 52 to 45—was party vote. Before doing so, may I ask how much dropped in conference. I believe elimi- Sprinkled throughout the Iraq sup- time I have remaining. nating this provision is a mistake. We plemental conference report, provi- The PRESIDING OFFICER (Mr. do need additional troops. There are sions euphemistically described as CHAFEE). Eighteen minutes 42 seconds some who argue very strenuously we ‘‘flexibilities’’ give the President broad total, including the 10 minutes to need additional troops right now in authority to take the money—your close. Iraq. money—appropriated by Congress in Mr. BYRD. I thank the Chair and I If one considers what has happened this bill and spend it however he wish- yield the floor. with the tragic loss of a Chinook heli- es. I tried to eliminate or limit these The PRESIDING OFFICER. Who copter, with 16 soldiers killed, and oth- flexibilities—and in a few cases suc- yields time? ers injured, the fact that there are ceeded—but there remain billions of Mr. REED. Mr. President, I ask unan- multiple, perhaps hundreds, of ammu- dollars in this measure that can be imous consent that I be permitted to nition dumps throughout Iraq that are spent at the discretion of the President use the Democratic leader’s leader unsecured most of the time and subject or the Secretary of Defense. time. to looting, the fact we are continuing Although the money is appropriated The PRESIDING OFFICER. Without to see a stiffening resistance through- by Congress, as it is required to be ap- objection, it is so ordered. out the Sunni triangle around Bagh- propriated by Congress in section 9 of Mr. REED. Thank you, Mr. Presi- dad, all of that argues to many that we article I of the Constitution of the dent. should, in fact, increase the forces on United States, these so-called ‘‘flexi- Mr. President, we are faced with a the ground. bilities’’ effectively transfer the power very difficult vote this afternoon. Even if you do not concur, even if of the purse from the legislative branch There are many of us who have ques- you believe, as the Secretary of De- to the executive branch. tioned the wisdom of our policy in Iraq, fense says over and over again, that we The dictionary definition of ‘‘vic- dating back to October of last year, no have enough American troops on the tory’’ is simple and straightforward: one more eloquently or intelligently ground, if we are going to maintain success, conquest, triumph. Within the than Chairman BYRD, and his speech such a deployment over the next sev- constraints of that simplistic defini- today echoes that sentiment so well. eral years, we need additional soldiers tion, I suppose one could construe this But for me this is a question of pro- in our Army for rotation, because oth- package to be a victory for the Presi- viding the resources necessary to sup- erwise we will wear our Army out, and dent. port our soldiers, marines, airmen, and the first signs of that will be a diminu- But I believe there is a moral under- naval personnel in the field. Despite tion in the retention of our reservists current to the notion of victory that is the questions of policy, I do believe we and National Guard men and women. not reflected in the dictionary defini- have to render such support, but I have The new threat we are facing in Iraq tion. I believe most Americans equate reservations about particular aspects with shoulder-fired missiles is a very victory more closely with what is right of the bill which I would like to address ominous one. These are mobile, light- than with simply winning. It is one today. weight, missile systems that can be op- thing to win, and the tactics be During the debate on the bill, I of- erated by one person. They can be damned; it is quite another to be vic- fered two amendments. The first was to transported in a vehicle, easily hidden. torious. Victory implies doing what is increase the resources allocated to ac- They can be popped up, made ready to right; doing what is right implies mo- quire uparmored Humvees. These are be fired within minutes, and then they

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13772 CONGRESSIONAL RECORD — SENATE November 3, 2003 can be discarded, and the individual We are beginning to see already the economy. We must see that a stable can flee. It is a very effective weapon. stress on our National Guard and Re- government is put in place. We must Indeed, one of the ironies of history serves. Currently, more than 130,000 prevent civil war. And we must see to is we supplied these types of weapons Guard and Reserve soldiers and airmen it that Iraq does not become a base for to the Mujahedin in Afghanistan, and are deployed. Approximately 29,000 Na- terror and instability throughout the they played havoc with Soviet heli- tional Guard soldiers are in Iraq and region. copters, Soviet aircraft. It is one of the Kuwait. More than 10,000 Reserve Nothing could be more disastrous for factors that caused the Soviets to con- forces are in Kuwait, Afghanistan, and U.S. national security than, after sider their efforts in Afghanistan as fu- Iraq. We also have National Guard bringing about regime change, if our tile and to leave. forces in Bosnia, Kosovo, and the Sinai. nation were to turn tail and run and We have a new threat and that, I This is tremendous stress. We are not accomplish the mission. think, argues against not only new tac- seeing, for the first time, reports—al- We would send precisely the wrong tics and strategies but a reconsider- though they are still preliminary—that message to both our friends and our ation of the forces we have in Iraq and National Guard units are not able to foes around the world. the strength we have there. Again, I make their recruiting goals. If the United States were to pull out point out we have approximately 1 mil- There was a report on NBC News by without completing the job, I believe lion tons of ammunition unsecured Jim Avila, who referred to: that we would see civil war and a re- throughout Iraq. There are about 100 of New figures, released this week, show the turn of the Baathist regime, perhaps these sensitive sites reported by the Army National Guard nearly 10,000 short of headed by someone as bad or worse New York Times that are guarded its 2003 goal of 62,000 recruits. than Saddam. around the clock. The rest are guarded Those are the first signs that recruit- For many of us, the challenges that intermittently. They are a source, one ing and retention are becoming a prob- we now face in Iraq illustrate the could infer, for some of the munitions lem in the Reserve component. They shortcomings of a doctrine of unilat- that are being used against our troops. will only be made up, I think, by in- eral preemption and preventive war. Our convoys have been attacked by im- creasing the number of Active Forces When we use force against a state provised explosive devices, by RPGs, we have. and seek regime change we are left and all of this is leading to the casual- There is a very difficult challenge for with an inescapable role: Nation build- ties we see each day. I think we should Reserve Forces. They have a career. ing. be very prudent and very responsible in They have families. They are not full- This conference report is not perfect. terms of our end strength in the Army time soldiers, although they are excel- Far from it. But it is critical that we and our forces within Iraq. Both should lent soldiers, they are professionals. do not leave the hard work of post-war be increased, I feel, and I am not alone. They have taken their missions on reconstruction undone. James Dobbins, a former Ambas- with great skill and great patriotism. When the supplemental bill was be- sador, who is one of the leading experts In fact, we could not perform the mis- fore the Senate, I did what I could to on reconstruction, said, in his words: sions of the modern military today see if it was possible to structure at Everyone agrees that we need more troops without the Reserve and National least some of this package as loans— Guard. But they have separate careers on the ground in Iraq; they just can’t agree and the Senate adopted an amendment and separate lives, and eventually they on more of what. Conservatives want more which would have made $10 billion of U.S. troops. Liberals want more allied will have to give some credit and some the reconstruction loans. troops. The Pentagon wants more Iraqi interest to those separate lives. That provision, unfortunately, was troops. My view is that they’re probably all I believe very strongly we have to ul- dropped in Conference over my objec- right: We’re going to need all three. timately increase the end strength of Frankly, given the current end our military forces. I regret it is not in tions and those of many of my col- strength of the Army, we do not have this supplemental. I will endeavor in leagues. I also worked with Senator DOMENICI enough to provide additional American the future to continue to urge this po- forces on the ground on a sustainable sition. I hope someday we will have it. to include additional reporting lan- rotation basis. In the meantime, I thank, again, the guage in this bill. This amendment, The Pentagon, Secretary Rumsfeld, chairman and Senator BYRD for their which was adopted by the Senate, pro- is focusing on creating Iraqi security efforts. Because ultimately this bill is vided Congress and the American peo- forces. That is an important goal. But putting resources into the hands of our ple real oversight over what the admin- there seems to be some confusion on fighting men and women who are en- istration’s plans were in Iraq and how the number of troops. This weekend, gaged in combat today, I will support the money in this supplemental was Secretary Rumsfeld stated that over the measure. being spent. 100,000 Iraqis were reporting to duty. I yield the floor. Unfortunately, many of these report- Just a few days before that, Secretary Mrs. FEINSTEIN. Mr. President, I ing requirements were also stripped Wolfowitz and Condoleezza Rice said it rise today to express my support for out in conference. was 80,000 or 90,000. The numbers are the $87 billion supplemental conference I also supported efforts to include unclear. report, and I want to take a few min- provisions in this bill so that there What is also unclear is the capabili- utes to explain why I support this con- would be greater international con- ties of these troops. The Iraqi Army ference report, even though I have seri- tributions to the reconstruction effort, was being trained in 8 week courses ous misgivings about some of its provi- to see if Iraqi oil could be quickly and is now being trained in about 6 sions. bought on-line to underwrite costs, to weeks so we can get them into the I support this conference report be- earmark some of the funds to be spent field. This raises questions of reli- cause I believe the United States now in Iraq on domestic priorities instead, ability, questions of adaptability, all of has an inescapable responsibility in and to try to pay for this supplemental these things. Iraq. by deferring the large tax cut for those Many suggest that we increase our We must stay the course and to do Americans earning more than $340,000 a international component. Frankly, the that, we must provide our troops in the year. Turkish troops were apparently willing field with the resources necessary to So if I had my way in putting this to come, but the Iraqis objected. It has complete their mission. The defense package together we would have before been reported that Portugal and Ban- title of this conference report provides us a very different conference report. gladesh have decided against contrib- nearly $65 billion for that purpose, in- Unfortunately, all these options were uting troops. South Korea is delaying cluding important funding to improve either debated and voted down by the its decision. It is becoming increas- the safety of our troops by securing Senate when we considered this bill ingly obvious that the burden will fall Iraqi small arms caches which are the earlier or, in the case of the loan provi- not just in the next few months but in source of much of the munitions used sion, stripped out by the Republican the next few years on the United to attack U.S. forces. majority in conference. States forces. As a result, I do believe We must rebuild Iraq’s infrastructure I would also like to note a provision we need more forces. and assist in resurrecting a viable Iraqi of this bill that strikes close to home

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13773 for me and my constituents. I am and the California wildfires does not This support for conservation is pleased that the conference report pro- require a budget offset. much like the mitigation money the vides $500 million for FEMA disaster We did not tell the victims of the Federal Emergency Management Agen- relief activities associated with re- hurricane or the wildfires that in their cy provides. When FEMA responds to a cently declared disasters, such as the time of need they had to go find money natural disaster, the Agency also pro- wildfires in California. Representative elsewhere in the Federal budget. We vides additional dollars for measures to JERRY LEWIS and I sponsored this fund- did not tell these victims of disaster avoid losses in future similar disasters ing as a downpayment on what we all they had to give up something that in that State. The farm bill’s conserva- can expect to be a costly reconstruc- they had coming to them in order to tion programs likewise guard against tion effort in southern California. We get the help they critically need. future disaster losses. in California are resilient, and I hope Last year, many States across the Taking money from the farm bill’s that this funding will help us to bounce middle of the United States were suf- conservation title to pay for disaster back quickly from the catastrophic fering from a terrible drought, and assistance in the omnibus bill set a fires still burning in California. there were additional agricultural dis- very bad precedent, one that will haunt So in the final analysis, even without asters in other parts of our country. us in the future when we seek to re- the inclusion of many of the Iraq provi- Now, drought is not as spectacular as spond to natural disasters affecting ag- sions I would have liked to have seen in a hurricane or a fire; that is true. The riculture. That action in the omnibus this bill, I have come to the conclusion damage occurs over several months, bill ignored the way previous agricul- that the United States must step up to even years, not days or weeks. But the tural disaster aid had been funded as the plate and meet its obligations in financial and human losses are still emergency spending. It is also exactly Iraq. The United States must win the acutely real—lost farms and ranches as the opposite of the policy we follow for peace in Iraq. they are driven out of business. Farm- nonagricultural disasters. The United States must also seek to ers and ranchers have to sell off cattle Fortunately, this precedent was not repair the breach that exists between and other livestock. They have dra- followed in funding relief for Hurricane our nation and some of our friends and matically reduced crop yields or no Isabel and the California wildfire vic- allies in the international community. crops at all, just as if a fire had gone tims, and it should not have been. As I stated on the floor earlier when through. There are huge financial Those disasters were emergencies, and the Senate considered this supple- losses to farmers and ranchers all over we should pay for the assistance by mental, it is my sincere hope that in our country. There are the loss of treating it as emergency spending, the reconstruction of Iraq, the United homes, loss of businesses, impacts on which we are doing in this supple- States can repair some of this damage local communities that may never mental appropriations bill. by working with our allies, the United come back. There is heavy damage to By the same token, farmers and Nations, and the international commu- the economy in the drought areas. ranchers should not have been forced nity. Without help, many lives would be dra- to pay for their own disaster assistance The United States has lost a great matically changed for the worse in earlier this year. That was an emer- deal of good will throughout the world these drought-stricken areas. gency, and it should have been funded in the past year due to the perception Last year, we were told by the White just as disaster aid in this bill was that the American attitude has become House the only way we could get this funded as an emergency. ‘‘our way or the highway.’’ disaster aid for agriculture was to cut So, Mr. President, I did not seek in We must signal clearly and unambig- back on the farm bill we had passed any way to hold up this supplemental uously that our attitude has changed just several months before. For years, appropriations bill. There are many and that we welcome the full partner- agricultural disaster aid has been parts of it I was opposed to in terms of ship of others in the international com- treated as emergency spending—be- the way we are writing a blank check munity in Iraq. cause it is—and not needing an offset for some of the Iraq rebuilding. And I On balance I find that I must support in the budget. That is what we did for do not mean to impede emergency this conference report. Our national se- the wildfires in California and Hurri- funding for California or Maryland or curity and the safety and well-being of cane Isabel that hit our Nation’s Cap- Virginia or any other States that were our troops demand it. ital and communities on the east coast. hit by these natural disasters. These Indeed, how the United States ap- We treated it as emergency spending. are emergencies. We should respond as proaches the reconstruction of Iraq In other words, in effect the White a nation to these emergencies. may well prove to be one of the great- House said the victims of drought over The terrible precedent of taking est tests of American leadership since the last couple years on farms and money from the farm bill earlier this World War II. ranches, the victims of other natural year should be reversed, and the con- To fail in this endeavor could well es- kinds of disasters in agriculture, had to servation funds that were taken away calate chaos in the Middle East and finance their own help by cutting the from farmers and ranchers should be Gulf region, lead to civil war in Iraq, agricultural programs so important to replaced. The damage to the Conserva- and allow Iraq to become a base for ter- their livelihood. tion Security Program should be re- ror. I believe that it is important that So in the omnibus appropriations bill paired so the program is made whole, Congress supports this conference re- last February, agricultural disaster as- as it was enacted in the farm bill, port and that we stay the course in sistance was financed by cutting the passed by the Senate, passed by the Iraq. farm bill. Disaster assistance last year House, and signed by the President. I yield the floor. was estimated at $3.1 billion. To gen- The President had loudly proclaimed as Mr. HARKIN. Mr. President, the as- erate an offset of that amount, the con- one of the reasons he was signing it the sistance in this supplemental appro- servation title of the farm bill was cut strong conservation measures in that priations bill for victims of Hurricane back. The Conservation Security Pro- farm bill. Isabel and the California wildfires is gram was capped and its funding sharp- Because of the way the money was certainly much needed and justified. ly reduced to pay for that $3.1 billion. taken out in the omnibus appropria- Both of these disasters were vividly It is ironic and shortsighted that the tions bill, as it came back to us as a portrayed in images on television, funds for agricultural natural disasters conference report, there was no ability newspapers, and the Internet. Those would be taken from the conservation for any of us to amend it or to have an images drove home the need for help. title of the farm bill. Drought is, of up-or-down vote on whether or not we We have a strong history of providing course, devastating to soil, plants, and wanted to have emergency funding assistance from the Federal Govern- animals. But it is conservation prac- taken out of the farm bill for disaster ment to help our citizens survive and tices that help farmers and ranchers aid. But that is how it was done. recover from natural disasters. As conserve and enhance natural re- So, I take this time to point out the nearly all previous disaster aid, the as- sources and, in fact, lessen the poten- difference between how we are paying sistance in this supplemental appro- tial impacts of future drought and nat- for the assistance for the wildfires in priations bill for both Hurricane Isabel ural disasters. California and Hurricane Isabel here on

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13774 CONGRESSIONAL RECORD — SENATE November 3, 2003 the east coast and how farmers and suffered under Saddam Hussein and to transfer authority to the Iraqis to ranchers were treated earlier this year now struggle with the consequences of give them more control over their when they critically needed disaster war; rebuilding Iraq will also make the economy, civilian authority, and secu- assistance. Their disasters were per- Middle East more stable and the Amer- rity. To get this process moving, we haps not as visually dramatic as the ican people more secure. should ask the United Nations to con- wildfires or the hurricane but they We must give our troops all the re- vene an international conference to nonetheless had devastating losses sources and help they need. I believe work with the Iraqis to set priorities from disaster that had taken place over that we should have given the money and establish clear benchmarks for months, sometimes over years. designated for our troops right away— when such goals will be achieved. Our nation’s farmers and ranchers not make the support they deserve con- Finally, we must put an end to the should have been treated the same way tingent on a failed reconstruction plan. special interest feeding frenzy this ad- as the victims of the wildfires in Cali- Given these failures, we cannot allow ministration has created over Iraq’s re- fornia or the victims here on the east this President simply to call on Con- construction. The enormous influence coast of Hurricane Isabel. It is up to us gress to give him funding without de- of corporate lobbyists in this adminis- to restore the funding that was taken manding fundamental changes. Our tration, on everything from energy pol- away, to make farmers and ranchers troops will not be safe—and their mis- icy to health care, may dull our capac- whole, to make our conservation pro- sion will not be successful—as long as ity to be shocked. But it should not. grams whole, and to recognize that this administration stubbornly clings Halliburton, the Vice President’s when we have emergencies, when we to a policy based on poor planning, former company, has already received have disasters, regardless of whether it faulty assumptions, botched diplomacy billions of dollars in non-competitive, is in California or New York or Iowa or and failed leadership. no-bid contracts. Florida, or wherever it might be, re- We need a new policy to win the The President’s supporters compare gardless of whether it is homeowners peace in Iraq—a policy that meets the rebuilding of Iraq to the Marshall or businesses or communities, yacht three core goals: to bring other coun- Plan. But after World War II, Congress basins or beach homes or whatever, tries and international organizations established a special committee to en- farmers and ranchers ought to be treat- into the effort; to hand over more au- sure that the allocation of reconstruc- ed the same way with emergency fund- thority to the Iraqi people with specific tion grants was free from war profit- ing. benchmarks; and to end the insider eering. Before billions more flow into So again, I will not do anything to deals for Iraq’s reconstruction and the Iraq, we should set up an independent hold up the bill or anything like that, appearance that this war was about oil commission for the same purpose. but I just wanted to make my point or paying off the President’s friends. I believe that we were right to act that we have to treat everyone the We must immediately take three against the threat of Saddam Hussein. same in this country when it comes to concrete steps: But this President’s failures in Iraq are disasters. First, we must take the American undermining many of the goals we (At the request of Mr. DASCHLE, the face off this occupation. The United meant to accomplish by eliminating following statement was ordered to be States should immediately transfer the his brutal regime. printed in the RECORD.) oversight of Iraq civilian reconstruc- When democracy is threatened by ∑ Mr. EDWARDS. Mr. President, today tion to the United Nations. President tyranny, America is there to defeat it. we cast our votes with heavy hearts. Bush waited too long to go to the It is part of our history. But when the The memory of what happened almost United Nations to ask for help after time came for us to rebuild those coun- 48 hours ago, thousands of miles away the war. Even now, he remains unwill- tries, we did so with integrity, honesty, in Iraq, is still seared on our minds. ing to offer our allies a role in the and patience. The world was by our What happened to our sixteen brave oversight of Iraq that they are reason- side. Our soldiers stood with others to soldiers wears on us all, as do the ably demanding before putting more of build roads, bridges, hospitals, and memories of all of the lives that have their money and troops in Iraq. We schools. That is how we helped Japan been lost in this conflict. Our thoughts have a UN Security Council resolution and Germany recover from World War and prayers go out to those family that allows others a seat at the table— II. That is how Bosnia and Kosovo re- members and friends who lost a loved but this President still refuses to ask. cover today. And that is what we must one in Iraq, and we pray for a complete The senior civilian in Iraq should an- do for Iraq with the world at our side, recovery for all who struggle at this swer to the United States and its allies a new plan in place, so that America is hour. on the United Nations Security Coun- respected and strong.∑ Since ‘‘Operation Iraqi Freedom’’ cil—not Secretary Rumsfeld. Ms. SNOWE. Mr. President, I rise began, we have proven yet again that We must launch a serious diplomatic today in support of the final passage of the men and women in our military are effort to get more international troops the conference report to accompany the best trained, equipped, and moti- and resources to Iraq—an effort that H.R. 3289, the fiscal year 2004 Iraq sup- vated in the world. Their service and will not only reduce the burden on our plemental. I support this bill because it accomplishments make every Amer- troops and American taxpayers but provides the resources necessary to ican proud, and we pray for their safety also transform the reconstruction into support our gallant troops who are and their safe return home. a genuine international mission. Amer- working in Iraq and Afghanistan to rid Today, Members of Congress must ica’s military presence in Iraq cannot the world of the scourge of inter- uphold one of the highest responsibil- be indefinite. As I have long argued, we national terrorism and to recover from ities we have: to support our men and should begin discussions immediately Hussein’s corruption. women in the military who risk their to get organizations like NATO more This bill provides our forces with lives to serve their country. In this involved, as they are today in Afghani- $65.7 billion to continue their campaign case, supporting our military means re- stan. We also need to accelerate the to restore peaceful and prosperous soci- jecting a policy that is clearly failing. creation of Iraq’s own security forces. eties in both Iraq and Afghanistan. As We must demand that this President Clearly, this administration failed our our troops continue to root out the change course. troops by impulsively disbanding the remnants of Hussein’s horrific regime That is why today, I vote against the Iraqi Army, a move that not only left and work to ensure stability in Iraq, President’s request for $87 billion for many Iraqis angry and unemployed, we must do no less than provide them Iraq. but took away a pool of Iraqis ready to with the most advanced technology, For more than a year I have argued help take control of their own security. the most reliable force protection that the United States has a special re- Second, with the help of the United equipment, and the best personal care sponsibility to help build a stable and Nations, we must outline a clear road- available. I believe that we all fun- prosperous Iraq that is at peace with map for the transfer of authority to damentally agree that the funds re- itself and its neighbors. Fulfilling this the Iraqi people so that they can take quested to support our military forces responsibility is not only the right control over their own destiny. This in- in the field must be made available im- thing to do for the people of Iraq, who cludes establishing specific timetables mediately.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13775 However, as we are all aware, there sein, and to foster within Iraq itself a future oil revenues, rightly leaving was considerable debate when it came greater sense of responsibility toward, those decisions to the Iraqi people. The to the $18.6 billion this bill provides for and a stake in, their own long-term re- administration’s refusal to accept this reconstruction efforts in Iraq—specifi- building success. sound provision, combined with the cally regarding whether the funds I was heartened when, by a vote of disappointing showing at the recent do- should be provided as loans rather than 51–47, the Senate passed our amend- nors conference in Madrid, suggests to a grant. I maintained throughout the ment and included it in the bill sent to me that the White House continues to debate that some portion, if not all, of conference. However, during the con- set this country on an unsustainable these reconstruction funds should be in ference, conferees decided to provide course. The administration’s failure to the form of loans. the entirety of reconstruction funds to get more support in Madrid and contin- Many argued that providing loans Iraq as a grant rather than a loan and ued insistence that the American peo- was not feasible—that it unduly bur- removed our amendment from the final ple can and should shoulder the lion’s dened the Iraqi people. But after con- report. I am extremely disappointed share of the burden reveal a failure to sidering the totality of what we were that conferees voted to remove the grasp the reality of the current situa- talking about—that American men and Senate provision in spite of the subse- tion and the urgent need to rethink women are putting themselves in quent House of Representatives vote their approach. harm’s way day in and day out in se- instructing their conferees to accept I am also disappointed that the con- curing the liberation of the people of our amendment. ferees chose to strip out my amend- Iraq and that we are also in the process Mr. President, I still do not believe ment, which was adopted here in the of spending $100 billion and more for that the provision of $10 billion in Senate, to help ease some of the strain that very same purpose, I concluded loans to the Iraqi people for the recon- that has been placed on the families of that asking the Iraqi people to be re- struction of their nation would have our military personnel. My amendment sponsible for a portion of their recon- placed an undue burden on them or allowed a spouse, son, daughter, or par- struction was only fair. their economy. Instead, by investing ent who already qualifies for benefits It remains my belief that the Amer- these loans in Iraq, we would have under the Family and Medical Leave ican people are not making a distinc- acted to restore their national pride Act to use their benefits for issues aris- tion between the money we are spend- and enhance their sense of responsi- ing from one additional set of cir- ing to support our troops and the addi- bility as we worked toward the com- cumstances—the deployment of a fam- tional funds being proposed to rebuild mon goal of a free and stable Iraq. ily member. Our military families—be Iraq when it comes to the total meas- With this bill, we are financing the they active duty, Guard, or Reserve— ure of our nation’s sacrifice toward restoration of a peaceful and pros- are coping with tremendous strains and this cause. So asking Iraq to repay one- perous society in Iraq and while I a great deal of unpredictability. This tenth of that $100 billion in the form of would have preferred this bill include Congress should be working to help loans seemed eminently reasonable to provisions to ensure the U.S. taxpayer them, and I will continue to pursue me. did not shoulder the burden alone, this this issue. Some also argued that there was not bill includes the funds necessary to I am pleased that my amendment to a legitimate government in Iraq that support our troops in the field. We establish an Inspector General for the could obligate the nation to the repay- must commit the resources necessary Coalition Provisional Authority was ment of loans. But the international for our brave young men and women to retained in this conference report. community, through U.N. Security carry out the task of making the world Though some changes were made to my Council Resolution 1511, specifically a safer place a task they are ready for proposal, the heart of the effort sur- acknowledged that the Iraqi Governing and a task they are performing mag- vived and in some cases was strength- Council and its ministers are the prin- nificently. ened, and American taxpayers will now cipal bodies of the Iraqi interim admin- For that reason, I support this con- have someone watching how their dol- istration which ‘‘embodies the sov- ference report and urge my colleagues lars are spent in Iraq. We have sorely ereignty of the State of Iraq during the to do the same. needed vigorous accountability and transitional period until an inter- Mr. FEINGOLD. Mr. President, when transparency mechanisms to oversee nationally recognized, representative the Senate voted on this supplemental our policy in Iraq for some time. It is government is established.’’ bill in October, I expressed my serious my hope that regular reports from the Finally, still others maintained that reservations about the overall direc- Inspector General can help the admin- providing loans to Iraq would run tion of U.S. policy in Iraq and the as- istration and the Congress to clean up counter to the U.S. policy of shifting tounding financial burden being im- waste and abuse and to improve our away from loans for development be- posed on the American people as a re- overall performance when it comes to cause of the ineffectiveness of such sult of our misguided policies. Yet ulti- reconstruction efforts. programs in the past. But that policy mately I voted in favor of the bill be- Transparency is also important in is predicated on the fact that many cause I wanted to provide important our representations to the Iraqi people. heavily-indebted, poor countries do not resources for our troops on the ground I am pleased that another of my have the resources to both service debt and because I recognize that bringing amendments, which requires the Coali- and institute economic and social re- stability to Iraq is in our national in- tion Provisional Authority to provide form. Iraq, in contrast, is tremen- terest. regular updates on the status and use dously rich in resources to an extent At that time, I made it clear that I of Iraqi oil revenues in Arabic on the sufficient to service this debt and con- would not be able to support future Internet, was retained. Honest and reg- tinue to make future investments in funding for the Iraq mission if the ad- ular information is our best weapon to their own infrastructure. ministration failed to take concrete combat those who would play to Iraqis’ Therefore, after careful consideration steps to put that mission on a sounder worst suspicions in order to harm and many discussions with my col- footing. Americans. leagues and constituents, I worked to Today, as we consider this conference I am also pleased that this con- author, with Senators BAYH, BEN NEL- report, my reservations have only mul- ference report recognizes the impor- SON, CHAMBLISS, ENSIGN, DORGAN, tiplied. tance of bolstering U.S. efforts to help LINDSEY GRAHAM, and COLLINS, an Under intense pressure from the bring stability to Afghanistan, and to amendment that designated $10 billion White House, the conferees have assist the war-torn states of Liberia of the Iraqi reconstruction funds as a stripped a reasonable and appropriate and Sudan. While the administration loan. However, we also included a Senate provision that would have con- has focused tremendous attention on ‘‘trigger with a purpose’’—designed to verted a portion of the reconstruction Iraq, the global fight against terrorism both encourage existing creditor coun- grants to loans. This provision, which is still our first foreign policy priority. tries to forgive at least 90 percent of was designed to encourage inter- Helping weak and failing states to re- the debt owed on loans that were made national debt forgiveness, did not in- cover is an important part of that ef- to the former regime of Saddam Hus- volve any U.S. decisions about Iraq’s fort.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13776 CONGRESSIONAL RECORD — SENATE November 3, 2003 But despite these positive elements, H.R. 3289, EMERGENCY SUPPLEMENTAL FOR IRAQ AND am grateful for the efforts of the man- it is extremely difficult to have con- AFGHANISTAN—Continued agers on both sides, and for the co- fidence in this conference report. Rath- [Fiscal Year 2004, $ millions] operation of the Democratic leader, in er than listening to congressional res- getting this emergency package Discretionary ervations, rather than hearing what spending through. Members of this body had to say when In particular, I commend Senator Non-Emergencies in H.R. 3289, Conference Report: a STEVENS, Senator WARNER, Senator we spoke about our constituents’ pro- Budget authority ...... 3,765 found sense of unease about our policy, Outlays b ...... N.A. MCCAIN, and Senator MCCONNELL for those responsible for directing U.S. ac- a Section 502(c) of H. Con. Res. 95, the Concurrent Resolution on the their tireless efforts to pass this emer- tion in Iraq appear to have heard noth- Budget for FY 2004, states that any provision designated as an emergency gency funding request. requirement by both Congress and the President shall not count for pur- ing at all—not the voices of the Amer- poses of sections 302, 303, 311, and 401 of the Congressional Budget Act Replacing the defeated regime of ican people, not the voices of the Con- of 1974 and section 504 (relating to discretionary spending limits in the Saddam Hussein with a stable demo- Senate) and section 505 (paygo point of order) of H. Con. Res. 95. Amounts gress, not the voices coming from Iraq classified as non-emergency were added by Congress and do not carry the cratic Iraq is an essential turning point itself, where horrible violence con- contingent emergency designation. in bringing modernity and freedom to a b CBO has not yet provided an estimate of outlays split by emergency and tinues to take American and Iraqi non-emergency. part of the world that has produced ex- lives. In the days since the Senate N.A. Not Available. tremism and terrorism for decades. voted on this bill, the administration Mr. FRIST. Mr. President, a bloody Mr. President, yesterday’s losses has failed to grasp the need for a funda- tyrant rules no longer in Iraq. A man were the latest tragic reminder that we mental change in direction necessary who without qualm or regret murdered are at war in Afghanistan and Iraq. The to ensure that all of the resources that hundreds of thousands of his own citi- funds in this legislation provide both this bill provides at taxpayer expense zens has been removed from power. direct support for our soldiers as well will be used wisely. The perpetrator of one of the past as an investment in creating a safer en- Mr. NICKLES. Mr. President, I take century’s most gruesome crimes vironment in those countries where this opportunity to report on the budg- against humanity, the use of chemical they serve. This legislation will make etary effect of the conference report to weapons on innocent Kurdish civilians, them safer and get them home sooner. accompany H.R. 3289, making emer- no longer is free to pursue such weap- Mr. AKAKA. Mr. President, I rise gency supplemental appropriations for ons. today to express my strong support for defense and for the reconstruction of The aggressor in the Gulf War, who a our soldiers, sailors, airmen, and Ma- Iraq and Afghanistan for the fiscal year decade ago invaded his neighbor, only rines who are deployed around the ending September 30, 2004, and for to be driven out by a mighty coalition, world in defense of the principles of de- other purposes. no longer threatens the volatile region mocracy and our great Nation. Today The President’s supplemental appro- of the Middle East. the Senate will pass the conference re- priations request totaled $87.0 billion The record is replete with the case port to H.R. 3289, the FY04 Supple- in budget authority and $36.8 billion in against Saddam Hussein. The mass mental Appropriations Act for Iraq, Af- outlays for FY 2004 for ongoing oper- graves are laid open, and only now are ghanistan and the global war on ter- ations in Iraq and Afghanistan and the the thousands of widows, mothers and rorism. reconstruction of Iraq. The conference orphans—victims all—able to openly The conference report does not in- report provides $87.5 billion in budget grieve. clude a key provision adopted by the authority and $37.1 billion in outlays. Who here will ever forget the image Senate which would have required $10 Most of the funds in the conference of the desperate citizens of Baghdad, billion in Iraq reconstruction funds to report, $83.8 billion in budget author- clawing at the ground in the hopeless be used as a loan rather than as a grant ity, are designated emergencies under search for hidden prisons that might unless 90 percent of foreign creditors section 502(c) of the 2004 Budget Reso- hold their loves ones. cancel Iraqi debt. I voted for this provi- lution. None of these emergency funds Mass graves have been found sion because I believed that it would count for purposes of sections 302, 303, throughout the country, the unmistak- have helped to provide Iraqis with 311, and 401 of the Congressional Budg- able mark of history’s tyrants. meaningful participation in the recon- et Act of 1974 and sections 504 and 505 As the regime of Saddam Hussein has struction of their country by making of the 2004 budget resolution. come to an end, the difficult work has them responsible for the funding. I am The conference report also contains only just begun to ensure that we never disappointed that the provision has non-emergency spending totaling $3.8 again witness such horrors. been eliminated, but I look forward to billion in budget authority. Non-emer- As this legislation proves, in both continuing to work with my colleagues gency appropriations are those appro- Iraq and Afghanistan this will be a to address the issue of how to appropriations that were not requested by costly effort in treasure and in time. priately respond to continued requests the President and not declared a con- But most costly of all are the lost lives for Federal dollars to reconstruct Iraq. tingent emergency. Non-emergency ap- of our men and women serving on the Last year, as the Senate debated au- propriations are scored against the ap- front line of the war against terror, thorization of the use of force in Iraq, propriate subcommittee’s 302(b) alloca- whose devotion to our country may be one of my concerns was our planning tion. I will remind the Senate at the matched in the history of the nation, of, and responsibility for, the recon- appropriate time about any points of but never surpassed. struction of Iraq. Before we even en- order that apply to subsequent bills. These men and women, many just at gaged in this conflict, I asked adminis- Mr. President, I ask unanimous con- the beginning of their adult lives, serve tration officials about post-war Iraq sent that a table displaying the Budget an ideal as old as the Republic. In the plans. I was repeatedly told that the Committee scoring of the bill be print- fight against terror, they risk their appropriate officials were working hard ed in the RECORD. lives so that we may live safe. to develop such plans and that details There being no objection, the mate- Each and every one of them are citi- were not necessary because there were rials was ordered to be printed in the zens, parents, spouses, and somebody’s too many unpredictable factors to con- RECORD, as follows: child. Their sacrifice is our loss. We sider. Well, here we are, 4 months after mourn the death of each of them. President George W. Bush declared H.R. 3289, EMERGENCY SUPPLEMENTAL FOR IRAQ AND The resources this legislation pro- major combat in Iraq to be over. We AFGHANISTAN vides will move both Afghanistan and are being told that our troops will be in [Fiscal Year 2004, $ millions] Iraq decisively toward stability and Iraq for an extended period of time. freedom; toward modernity and democ- American soldiers continue to be Discretionary spending racy. wounded and killed almost every day. We have worked long hours on this We are faced with open-ended requests Total H.R. 3289, Conference Report: Budget authority ...... 87,547 legislation, and we had some difficult for billions of dollars to reconstruct Outlays ...... 37,103 votes over the course of the past 4 Iraq. Emergencies in H.R. 3289, Conference Report: a Budget authority ...... 83,782 weeks. Although I am certain it is not There seems to be reluctance on the Outlays b ...... N.A. the last debate we will have on Iraq, I part of our international colleagues to

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13777 contribute and participate in the remain concerned, however, with the resolution on Iraq that could have be- building of Iraq due to U.S. control and amount of funding that has been des- come the basis for genuine inter- authority over the reconstruction ignated for reconstruction of Iraq, par- national support for our effort, but funds and plans. It is imperative that ticularly since we have been assured America still stands largely alone in we recruit other countries to assist us that this supplemental only represents Iraq. We have not modified our unilat- in peacekeeping activities to relieve the most pressing reconstruction needs eral position, and other nations are un- our military members so that they can for the next 12 months and does not willing to assist us. The United Na- return home. It is just as imperative cover all reconstruction needs. At the tions has pulled all of its staff out of that we allow other countries to con- same time, we have pressing domestic Baghdad, and international NGOs are tribute to the reconstruction effort to needs including the need to fund an ad- leaving as well. relieve the American taxpayer of what ditional $1.3 billion for medical care for America comprises 85 percent of the has been and will continue to be a mon- veterans. We have a number of edu- international forces on the ground, and umental expenditure of Federal funds cational and social programs that are we are providing the lion’s share—near- in Iraq. The United States must be in definite need of increased funding. ly $20 billion—for Iraq’s reconstruc- willing to take the necessary actions We must be responsible stewards of tion. On October 23, at the inter- to make such international coopera- taxpayers’ money. national donors conference in Madrid, tion a reality. I voted in opposition to authorizing the administration came up short on During the Senate’s consideration of the use of military force against Iraq international contributions. Of the $55 President Bush’s FY04 supplemental in October 2002. I voted this way be- billion needed for Iraq over the next 4 request, I voted in support of S. 1689 because I believed we had not yet utilized years, the international community cause I believed the Senate was suc- all of our options at the international pledged only $13 billion, two-thirds of cessful in adding provisions to the leg- level. However, once the decision to it in loans, not grants, over 5 years. islation to support our deployed troops; utilize military force was made, I fully Over the same period of time, the se- increase accountability and trans- supported the men and women who curity situation has gone from bad to parency in post-war Iraq contracts; im- were deployed in this effort. We are worse. On October 25, a rocket pro- prove planning for post-war Iraq; and pelled grenade in Tikrit struck a Black reduce the burden on the American now responsible to ensure that they have the equipment and resources to Hawk helicopter, shortly after Deputy Taxpayer of the costs stemming from Secretary of Defense Wolfowitz left the Operation Iraqi Freedom, Operation undertake their mission in the safest manner possible. Our leadership of the area. Enduring Freedom, Operation Noble On October 26, rockets seriously dam- coalition forces in Operation Iraqi Eagle and the global war on terrorism aged the Al Rashid Hotel in Baghdad, Freedom also makes the United States on the American taxpayer. While I am where Deputy Secretary Wolfowitz was accountable for the restoration and re- pleased to learn that the conference re- staying, killing one soldier and missing construction of Iraq. Again, I believe port retains provisions to support our Mr. Wolfowitz by only one floor. That we must work closely with our allies troops such as the one-year demonstra- same day, the Deputy Mayor of Bagh- and neighbors in the international tion program for enhanced TRICARE dad was assassinated. eligibility for certain National Guards- community for us to successfully bring On October 27, coordinated attacks men and Reservists, the retroactive re- out troops back home. I look forward rocked Baghdad, targeting the head- imbursement for soldiers who paid for to working with my colleagues to find quarters of the International Com- their food while being medically treat- a way to accomplish such a difficult mittee for the Red Cross and killing 15 ed, and the continued authorization for challenge. people. Three police stations were also Imminent Danger Pay and Family Sep- Mr. KENNEDY. Mr. President, I op- attacked. On this one bloody day, 34 aration Pay at increased rates for pose the Senate-House conference people were killed, including one FY04, I am concerned that the provi- agreement on the $87 Supplemental Ap- American soldier, and another 200 were sions adopted by the Senate which propriations bill for Iraq. wounded. were eliminated will make it more dif- When the Senate voted on this legis- Just yesterday, a Chinook helicopter ficult for us to ensure appropriate over- lation on October 17, I opposed it be- was shot down over Faluja, killing 16 sight, accountability, and success in cause it provided no effective condi- American soldiers, and wounding 20 Iraq, Afghanistan, and the global war tions for genuine international partici- more. on terror. pation in the reconstruction of Iraq or Meanwhile, the administration con- I am particularly disappointed by the other important steps needed to win tinues to claim that things are going conference committee’s decision to the peace. Our troops in Iraq are doing well. Last week, President Bush eliminate the provision proposed by a remarkable job under enormously claimed the attacks were a result of Senator JACK REED to increase Army difficult circumstances, and I whole- our successes on the ground in Iraq. In end-strength by 10,000. I remain in- heartedly support them. But it is an an October 29 interview, Deputy Sec- creasingly concerned about the strain abdication of our responsibility in Con- retary of Defense Wolfowitz said, ‘‘Our of the increased OPTEMPO on the gress to provide an $87 billion blank side is winning.’’ After the downing of Army. I firmly believe we need to in- check for a failed policy. the helicopter, Ambassador Bremer crease end-strength and look forward The administration needs to go back said, ‘‘the overall security situation’’ to working with my colleagues and the to the drawing board and adopt a new in Iraq ‘‘is a lot better’’ than when he Army to address this matter. I under- Iraq policy that is worthy of the sac- arrived in May. stand that General Schoomaker has di- rifices our soldiers are making—a pol- Mr. President, it is clear that things rected a study of this issue and I look icy that restores America as a re- are not going well in Iraq. The admin- forward to the results of this study. spected member of the family of na- istration must face reality. It cannot Again, I fully support our men and tions and make it easier, not far more continue to cover up its failures and women in the military. For that rea- difficult, to win the war against ter- try to sell its rosy version of events by son, I fully support the $51.4 billion for rorism. repeating it with maximum frequency ongoing military operations in Iraq, The Bush administration still does and volume, and minimum regard for $10.5 billion for U.S. forces in Afghani- not have a realistic plan for achieving realities on the ground. stan, and $3.6 billion for homeland de- security and democracy in Iraq and our I support our men and women and fense. I will work diligently with my soldiers are paying for it with their uniform, but I oppose the administra- colleagues to ensure that our Armed lives. tion’s policy, and I urge the adminis- Forces are provided with the training Since the Senate originally passed tration to devise a realistic plan for and equipment necessary for them to this legislation 2 weeks ago, the situa- Iraq. accomplish their mission so that they tion in Iraq has further deteriorated. The PRESIDING OFFICER. Who can return home safely to their fami- Forty-four more American soldiers yields time? lies in a timely manner. have been killed, and more than 300 The Senator from Alaska. I support the $5 billion for security American soldiers have been wounded. Mr. STEVENS. Mr. President, we training for Iraqi security forces. I re- The United Nations did approve a new have heard a lot of comment today

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13778 CONGRESSIONAL RECORD — SENATE November 3, 2003 about what the President said and he asked for the money. Where are the nothing like going to bed at night and what he has not said. It should be re- voices coming from? What am I hear- seeing an empty bed beside you. membered that the President cele- ing? People are willing to let the bill As of today, a total of 376 Americans brated the military victory, as he pass without a vote and yet they want have been killed in Iraq. Events such as should have, when he declared the end to criticize the President for asking for yesterday, where 16 young soldiers of the war. It was the end of the war this money? were killed when their Chinook heli- against Iraq’s military. The Senate ought to reflect and copter was hit by a missile, greatly Since that time, we have been at war think what we are doing. We still have trouble all of us. But each of these sol- against terrorists—organized terror- forces there, and we are going to have diers was doing his or her duty. We exists, international terrorists—in Iraq. forces there. I haven’t heard one Sen- tend our deepest sympathy to each of The greatest cunning and deceit and ator say we should leave—not one. their families and friends and offer our trickery the world has seen are being There are those here who voted against thoughts and prayers through this dif- shown in Iraq. Very clearly, it is not a going to war. There are people here ficult time for them. military force that is opposing us who voted for it. But I don’t know any- Some of us have lived through this today. We are trying to protect our sol- one here in this Chamber who voted time again and again: World War II, diers and the Iraqi people from terror- against the war on terrorism. That is Korea, Vietnam, you name it. My gen- ists. what we are conducting now. eration has seen a lot of wars. It is not That is why this bill is so important. I am sad to say it looks as if it is an easy thing to hear any report of It combines money for our military to going to go on for some time. Out by Americans being killed. But those peo- continue their activities with money the elevators, I was just asked by the ple were doing their duty. for the Coalition Provisional Authority press, do I expect another supplemental When a person puts on the uniform of to move forward and help Iraq to build for Iraq and Afghanistan. Well, this is the United States and raises his hand, their own military, to build a new form a supplemental for 2004. We are here be- it is even more somber than the one we of government, and to train policemen, cause the Members of the Senate on give here because they know they are to train people to keep the peace. that side of the aisle asked me to ask laying their life on the line. These are I must say, it is strange to me when the President to submit a separate bill all volunteers. Not one draftee is there. I hear people talk about this adminis- for funds for Iraq and Afghanistan. He Every person there volunteered to tration lying. I have been sort of re- could have submitted that money reserve in uniform. We—this Congress, this President, strained concerning the past adminis- quest in the regular 2004 bill. But he and this country—went to war against tration and lies. But I do believe it is accommodated the request that I car- Iraq to remove the regime of Saddam entirely inappropriate to call the Com- ried to the White House, and he sent us Hussein and give the Iraqi people a mander in Chief a liar in terms of what a separate supplemental for Iraq and chance at a better, freer life and the re- has happened in Iraq. for Afghanistan and the war on ter- gion an opportunity for a more peace- I am one of the eight Members, as I rorism. ful coexistence. have told the Senate before, who gets We have been on it for a long time, That is what President Clinton start- the same briefings that are available to much longer than I ever thought it ed in 1998. He made the strike against the President of the United States. I would take to get this passed. Very those areas because he firmly believed guess he might have a few more than clearly, we do not expect another sup- there were nuclear, chemical, and bio- we get, but we get the general intel- plemental. We probably expect a re- logical weapons of mass destruction ligence briefings. I firmly believed quest for fiscal year 2005 that will start there. Now, these events don’t happen there were weapons of mass destruc- on October 1 of next year. But clearly, overnight. I certainly was not expect- tion there in Iraq. I still believe they we ought to get things into perspec- ing a war that would be just sort of had the ability to conduct chemical tive. bedsheet clean, where you go to war warfare. After all, they did it twice. Let me quote the President: and come back with fresh bedsheets the They did it once in Iran, and they did Heavy as they are, the costs of action must next night. That is not the case. These be weighed against the price of inaction. . . . it once to the Kurds in their own coun- things do not occur overnight. The re- try. Which President was that? It was building of that nation and the recov- We continue to hear how terrible it President Clinton, 5 years ago. He stat- ery of the Iraqi people will take time. is, what is going on as far as this ad- ed these words as he informed the We have to provide the Iraqi people ministration is concerned in terms of American people that he was ordering time to heal and the resources and the conduct of our forces and our peo- a strike of military and security tar- tools to create a new nation and a se- ple in Iraq after the war was over. The gets in Iraq. He ordered them in Iraq 5 cure and stable environment. military collapsed. We have been fight- years ago—in 1998. Their mission was After World War II, we occupied Ger- ing terrorists constantly now. to take out nuclear, biological, and many for 4 years before we even had When I woke up, as I did this morn- chemical weapons sites, and he so stat- the Marshall plan. Before the Senate ing, and read the paper about the tered. The former President sent forces today is the plan for recovery of Iraq in rible incident of shooting down a heli- into Iraq to attack nuclear, biological, the same year, without an army of oc- copter, that was not a military action; and chemical weapons sites. That deci- cupation per se. We are trying to help that was a terrorist action. We have to sion was based on a continuing lack of them rebuild their country and take it adjust ourselves to the fact that this is cooperation by Saddam Hussein with over and provide their own transition going on all over the world. It went on the international community. to a new form of government. I do be- in New York. It went on here in Wash- In the last 6 months, President Bush lieve the way we are doing this—by ington. It went on in Indonesia. It went is enforcing measures that were begun strengthening a civil society, repairing on in the Philippines. It has certainly in the Clinton administration. Yet to schools and hospitals, treating water- happened in Israel for years now. But it hear people talk here about the lies ways, restoring electricity, and eventu- is coming home now. We are being ex- and deception of this administration— ally assisting them with rebuilding posed to it. Our forces are exposed to what were those forces sent into Iraq their oil industry—will allow them to it. Our people, our civilians are exposed for in 1998? It was based on the same become self-sufficient. to it. The U.N. forces in Iraq have been kind of reports that President Bush re- I remember so well when Ambassador exposed to it. Hundreds and hundreds ceived before he ordered this action. Bremer told me the problem was that of Iraqis have been killed since the end As many in the Senate know, some one day there is a pipeline blown up of the war by their own terrorists. more powerfully than others, wars and and they cannot ship the oil. So they It is time for us to sit back and think their aftermath are not easy. They are go about repairing the pipeline. The about what we are doing today. Today, disturbing. Watching our soldiers, sail- next day they blow up an electric thankfully, this bill will pass. It will ors, airmen, and marines die or be power station so the pumps won’t pass by unanimous consent—not one wounded touches a sadness deep inside work. This is terrorism. We must real- vote against it. Yet we have had 6 each of us. It touches even more those ize we are not facing a military enemy; hours attacking the President because of us who have been in war. There is we are facing terrorists.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13779 Some of my colleagues don’t believe I yield 5 minutes to the Senator from qualified and committed to building a in portions of this supplemental. Virginia. new Iraq as soon as possible. These are Maybe some don’t believe in it at all. The PRESIDING OFFICER. The Sen- not people who have assumed positions But not one of them will vote against ator from Virginia is recognized. of responsibility through tribal affili- it—not one of them. That is their Mr. WARNER. I thank the chairman ations, nepotism and greed, as has been right. Some of them voted against giv- of the Appropriations Committee. I past practice in Iraq. These are highly ing the President the authority to go wish to commend him, Senator BYRD, qualified public servants—17 of 25 min- to war to topple the evil tyrant who we Senator INOUYE, and others, and our isters have PhDs in technical fields— all realized was there. Regardless, our distinguished colleague from Vermont, who have subordinated their own per- men and women are there now—mili- for working on this. sonal aspirations and accepted consid- tary, civilian, and the U.N.—and those As we debate passage of this impor- erable personal risk to assume posi- people must have our support. They tant emergency supplemental spending tions of high visibility, to build a new need the funds in this bill for body bill, I want to pause for a moment to Iraq. Many have left lucrative careers, armor, for what they call uparmored acknowledge the tragic losses our comfort and families in other countries Humvees, and for explosive detection forces in Iraq suffered this weekend. I to return to their homeland and lend equipment, for all sorts of detection extend my heartfelt sympathies to the their skills to this endeavor. I salute equipment. families and loved ones of those who their courage, their patriotism and The bill provides the funds to make died and those who were injured. In- their selflessness. They are an inspira- the lives of our troops—both here and deed, we must pause to remember all tion to all Iraqis and they deserve our in Iraq—safer and easier. We are pro- who have perished, American, coalition full support. viding better mess halls, quarters, partners, and Iraqis military and civil- Some of our colleagues have passion- TRICARE for members of the Guard ian, who are fighting for freedom in ately argued that some of this funding and Reserve, and it maintains in- Iraq and around the world in the Glob- should be in the form of loans, to be creases in pay for family separation al- al War on Terrorism. We are fortunate forgiven if other debtor nations reduce lowance and imminent danger pay for as a Nation to have these dedicated or forgive old loans to Iraq. I under- our troops and their families, which citizens who willingly make such great stand why some have arrived at this was voted earlier this year and would sacrifices to defend liberty and extend conclusion, but additional debt now have expired had we not taken action. the cause of freedom. would be economically disastrous, and I said this earlier today and I will re- I rise today in support of the con- send the wrong message to Iraqis and, peat it. It is a simple and a straight- ference report on emergency supple- indeed, the world. At some point in the forward premise, as far as I am con- mental funding for Iraq and Afghani- not too distant future, loans will be ap- cerned. Security brings stability and stan for Fiscal Year 2004, and urge my propriate, but we must help establish stability fosters democracy. An Iraq colleagues to do the same. Seldom do those conditions now. that is well on its way to economic we have choices before us as funda- The United States will seek to con- well-being and self-governance is the mental as this one. Our choices are to vince the principal holders of Iraqi fastest way to get our military men go forward, stand still, or quit. Two of loans—Russia, France, Germany and and women home. these choices would represent failure. Saudi Arabia—to forgive some or all of We as a nation have always had one There is no choice—failure is not an these loans. goal—I said this also earlier today— option. We must go forward; we must We have an opportunity before us to and that is to finish what we start. We stay the course and win the peace for send a message of full commitment to will not fail to do so now. This supple- the people of Iraq and Afghanistan, as Iraq and of a balanced, fair U.S. foreign mental will accomplish that task. I well as for our own enduring interests policy in the larger Middle Eastern re- urge my colleagues to vote for this bill. in the Global War on Terrorism. gion, by providing this reconstruction In effect, we have all done that by The timeliness and importance of assistance to Iraq. Less than over- agreeing to the unanimous consent re- this support for Iraq and Afghanistan whelming support will be viewed as quest that there be no form of vote. cannot be overstated. The stakes in just the opposite, and would be coun- The Senator from Virginia is here—— Iraq and Afghanistan are enormous. terproductive to our larger goals and Mr. LEAHY. Mr. President, I have The military victories achieved by our interests in this important region. been waiting. I notice we are going Armed Forces, together with their coa- There is a perception, I fear, that back and forth. I ask for 5 minutes. lition partners, must be secured. this supplemental will fully fund Iraq’s Mr. STEVENS. We have had a sub- We have achieved extraordinary suc- reconstruction. Nothing could be fur- stantial number of speakers on that cess, in a relatively short period in ther from the truth. The reconstruc- side. The Senator from Virginia called Iraq. Saddam Hussein and the threat tion needs of Iraq are enormous—not and asked me to yield time. How much he posed are gone; the future is hopeful because of war damage, but because of time is left, Mr. President? for the Iraqi people. We must send a three-plus decades of neglect, mis- The PRESIDING OFFICER. There strong message of resolve to our fellow management and greed by Saddam are 17 minutes 40 seconds, 10 of which countrymen, to our troops, to our coa- Hussein’s regime. The funds included in is reserved for closing. lition partners, and to the rest of the this supplemental will only begin to Mr. STEVENS. Are there 20 minutes world, that we will see this through to address these daunting needs, but adop- reserved for closing and 17 left besides completion—to win the peace. tion of this package will put the Iraqis that? Who controls that time? We have had an unprecedented in a much better position to help them- The PRESIDING OFFICER. The Sen- amount of debate on this funding re- selves in the future. The Iraqi leaders I ator from Alaska controls 171⁄2 min- quest. General John Abizaid captured spoke with want nothing more than to utes, of which 10 is reserved for closing. the essence and urgency of this supple- do just that, but they need our help for Mr. STEVENS. How much time does mental request when he stated, ‘‘We now, not with crippling conditions at- Senator BYRD have? can fight the terrorists her [in Iraq and tached. The PRESIDING OFFICER. The Sen- Afghanistan], or we can fight them at When U.S. troops entered Baghdad in ator from West Virginia controls 18 home.’’ I think we all prefer to fight early April, they were, indeed, greeted minutes, of which 10 are reserved for them there and get the job done. as liberators. The image of Iraqis cele- closing. In recent weeks, I have had the op- brating in the streets—helping U.S. Mr. STEVENS. I yield 5 minutes to portunity to meet with several Iraqi soldiers topple a statue of Saddam Hus- the Senator from Virginia. leaders, including members of the Iraqi sein—will long be with us. Mr. LEAHY. Mr. President, I will not Governing Council and recently ap- Despite the pockets of resistance in object to the senior Senator from Vir- pointed ministers. They are clearly Iraq today, that feeling of gratitude ginia speaking. I just ask that I be rec- committed to achieving democracy, se- and good will toward the United States ognized after him. curity and opportunity for the Iraqi remains. Recent polling found that Mr. STEVENS. We are glad to do people and deserve our support. The most Iraqis believe that ousting Sad- that. The Senator has 18 minutes. ministers are technically very well dam Hussein was worth the hardships

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13780 CONGRESSIONAL RECORD — SENATE November 3, 2003 they have endured since the invasion, needs of the men and women in the The President said: and two-thirds think Iraq will be in Armed Forces, and the ability to step That is why they are willing to kill inno- better condition 5 years from now than up and get TRICARE for the Reserve cent civilians, relief workers, and our coali- before the invasion. and the Guard. tion troops. We must build on this good will and The Reserve and the Guard have per- He finished by saying: America will seize this historic opportunity to show formed magnificently, and not just in never run. our overwhelming support and commit- this most recent conflict in Iraq but I commend both the President and ment to help build a thriving democ- beginning back in the days of Bosnia, Secretary of Defense. At one time, I racy and ally against terror in Iraq. Kosovo, and all the way through. Those was in the Pentagon during Vietnam American forces and coalition part- of us who went into Sarajevo years ago for some 5 years as Navy Secretary. I ners have already done a remarkable remember that it was the National remember awakening in the night and job of restoring basic services, rebuild- Guard planes that would take us in the morning to receive those reports ing schools and hospitals, preventing during that period of combat and strife about exceptional losses, such as this ethnic violence and creating an envi- in the Balkans. Of course, they per- one, and then often go, as we had ronment where reconstruction can suc- formed magnificently in connection planned, before the media the next day ceed. Many Members of this Chamber with the Afghanistan campaign, and trying to interpret it and explain it for have seen this with their own eyes, and then again during the course of the the American people and for the people the response of most who have been to campaign in Iraq, the freedom of the throughout the world. It is not an easy Iraq is concern that the good things Iraqi people being their goal. task, but our President and others in that are taking place in Iraq are not So I commend the leadership of the authority are stepping up to it and being fully reported to the American Appropriations Committee for doing being absolutely unflinching in their people. the TRICARE and addressing those pay resolve, as this Senator is, to see this This reconstruction work is being provisions, which were due to expire. through. done in a difficult environment of We have been addressing that in the The PRESIDING OFFICER. The Sen- harsh conditions and significant per- Armed Services Committee, where we ator’s time has expired. sonal risk, as those who have been re- have original jurisdiction over these Mr. WARNER. Mr. President, I ask moved from power in Iraq seek to delay matters. But the plain fact is that we unanimous consent to proceed for 3 their inevitable defeat, and as terror- have not reached a resolution of our minutes. ists lash out at the loss of another conference report as of this time. The PRESIDING OFFICER. Without haven. We are ever mindful of the risks Therefore, often the Appropriations objection, it is so ordered. our troops face, every day, and the sac- Committee needs to step forward and Mr. WARNER. Mr. President, tomor- rifices made by the families and com- do these things which must be done, row I hope to attend the funeral service munities that support them. and done promptly. So I commend our for a brave Army captain, a VMI grad- It is imperative that we give our distinguished members of the Appro- uate. I happened to go to the neigh- President and our troops the resources priations Committee. boring school of Washington and Lee. they need to complete their missions in Over the weekend we suffered this His family called me and talked with Iraq and Afghanistan. The faster the tremendous tragedy, the loss of the me and I talked with them. They asked money gets to these countries, the helicopter with so many brave individ- if at all possible could I attend. I said faster conditions will improve, and the uals on board. I and others have ex- I would do that irrespective of what is faster our troops will come home. As pressed our compassion to their fami- going on in the Senate. The mother Ambassador Bremer stated before the lies, their loved ones, and to their fel- said to me: We feel deeply the loss of Armed Services Committee last week: low colleagues and comrades all our son, but, Senator, I want you to Every day that goes by where we are not throughout the region. Each one of come and say to me that you and oth- speeding up the Iraqi Army, speeding up the them feels the loss of one of their own ers will stay the course so that his life civil defense corps, speeding up the training when it happens—whether it is on the is not given in vain. I have made that of police, is a day when our soldiers, men and streets or in an aircraft that unfortu- commitment to his family, as I will to women, are not being substituted by Iraqis. Every day that Iraqis do not get electricity, nately comes down. many other families. do not get water, do not have proper sewage, Those of us—many in this Chamber— Mr. President, I ask unanimous con- is a day when their quality of life is such who have had the opportunity to visit sent to have printed in the RECORD at that they are less likely to view us as lib- in Iraq, and particularly Baghdad and the conclusion of my remarks a letter erators, more inclined to view us as occu- other areas, got a clear perception and to the editor published in the Saturday piers, and that also increases the danger to feeling of the extraordinary risks being Washington Post by Dr. David Kay who our men and women. undertaken night and day by these is responsible for the search for weap- Lasting peace and security in Iraq young men and women not only of the ons of mass destruction in Iraq. will be achieved when we establish the Armed Forces of the United States but The PRESIDING OFFICER. Without environment for a democratic, eco- the coalition forces. objection, it is so ordered. nomically viable Iraq. The first steps I am proud of the way our President (See exhibit 1.) to democracy have been taken and a stood up today before the world. He Mr. WARNER. Mr. President, this fledgling government is preparing stated these words, which time and letter to the editor is very worthy of itself to assume the responsibilities of time again should be considered by the our colleagues who, like me, are con- sovereignty. American people as spoken from the cerned about how thus far we are still Let us join together in a clear mes- heart of the President. Imagine the trying to find the weapons, if they sage of resolve to provide the resources sadness in his heart and that of the exist, but he covers very well one as- that will meet the immediate needs of First Lady and others, because the pect of this, and it is deserving of the the Iraqi people and best serve our in- buck stops on the President’s desk. estimate. I commend Dr. Kay for his terest in Iraq and the larger Middle When the news broke of that heli- work and his continuing effort. Part of East region. I urge my colleagues to copter going down, I fully appreciate this bill has the funds necessary for support the conference report and send what he went through, and indeed the him to continue this effort to resolve a message of overwhelming support to Secretary of Defense, this weekend. He this very puzzling mystery about the our troops, to their families, and to the addressed the Nation on three public weapons of mass destruction. newly liberated people of Iraq and Af- television shows about this tragedy of I thank the Chair, and I thank my ghanistan. We must do what is nec- the loss of the helicopter. But both the distinguished colleague and commend essary to secure this important victory President and the Secretary of Defense him once again. in the war on terrorism. are absolutely steadfast in their re- [From the Washington Post, Nov. 1, 2003] Mr. President, again, I express my solve to continue their role as leaders. THE HUNT FOR IRAQ’S WEAPONS tremendous commendation for the The President said: The Oct. 26 front-page article ‘‘Search in managers of this bill and, particularly, The enemy in Iraq believes America will Iraq Fails to Find Nuclear Threat’’ is wildly for their wisdom and insight into the run. off the mark. Your reporter, Barton

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13781 Gellman, bases much of his analysis on what Mr. LEAHY. Mr. President, I ask Secretary of Defense, National Secu- he says was told to him by an Australian unanimous consent to take 7 minutes rity Adviser, Director of OMB, and Ad- brigadier, Stephen D. Meekin. Gellman de- of the time available to the distin- ministrator of USAID, that have since scribes Meekin as someone ‘‘who commands guished senior Senator from West Vir- been disavowed, debunked, or disputed. the Joint Captured Materiel Exploitation Center, the largest of a half-dozen units that ginia. Some say that we should simply report to [David] Kay.’’ The PRESIDING OFFICER. Without move on—that the differences we have Meekin does not report, nor has he ever re- objection, it is so ordered. over the war and the administration’s ported, to me in any individual capacity or Mr. LEAHY. Mr. President, today the abysmal post war planning is water as commander of the exploitation center. Senate will adopt by voice vote the under the bridge. I disagree. there is no The work of the center did not form a part of conference report containing $87 billion question that we have to work hard to my first interim report, which was delivered in supplemental funds for Iraq and Af- succeed in Iraq. But, I cite the words of last month, nor do I direct what Meekin’s or- ghanistan. Ted Koppel, a well-respected journalist ganization does. The center’s mission has Before I speak about this legislation, never involved weapons of mass destruction, with long experience, who said: nor does it have any WMD expertise. I want to express my deepest condo- Before the Iraq war, senior officials con- Gellman’s description of information pro- lences to the families and friends of fidently predicted that US troops would be vided by Mahdi Obeidi, chief of Iraq’s pre- those who were killed and wounded in welcomed as liberators, that vast quantities 1991 centrifuge program, relies on an the attack on a U.S. military heli- of weapons of mass destruction would be unnamed ‘‘U.S. official’’ who, by the report- copter yesterday. This tragedy illus- found, that Iraqi oil income would pay for er’s own admission, read only one reporting trates, once again, the tremendous sac- post-war reconstruction, and that a success- cable. How Gellman’s source was able to de- rifices of our soldiers in Iraq. They are ful military victory in Iraq would quickly lead to implementation of the ‘‘road map to scribe reporting that covered four months is there serving their country, and while a mystery to me. Furthermore, the source peace’’ between Israelis and Palestinians. mischaracterized our views on the reliability their accomplishments rarely make Not only were all those predictions wrong of Obeidi’s information. the headlines, they are also enduring but there is growing evidence that officials With regard to Obeidi’s move to the United daily hardship and tragic losses. should have know better at the time. But States, Gellman writes, ‘‘By summer’s end, This supplemental legislation has that was then, this is now. And everyone under unknown circumstances, Obeidi re- been controversial. We all want Iraq to likes to pretend that what was said before ceived permission to bring his family to an become a democratic, prosperous, the war is no longer relevant. East Coast suburb in the United States.’’ The peaceful nation. But, we differ on the The decision to go to war in Iraq reader is left with the impression that this President’s decision to go to war and strikes at the very heart of our credi- move involved something manipulative or bility as a nation. It is not a partisan sinister. The ‘‘unknown circumstances’’ are on the way forward from here. called Public Law 110. This mechanism was I did not support the supplemental issue. It is an American issue, and I am created during the Cold War to give the di- when it was considered by the Senate, outraged by administration officials rector of central intelligence the authority and was one of twelve Senators to vote who attacked the patriotism of those to resettle those who help provide valuable against it. I discussed my reasons for who have asked legitimate questions intelligence information. Nothing unusual or this decision at length in this Chamber about the decision to launch a unilat- mysterious here. on October 17, 2003. My views have not eral, preemptive attack. I think we all When the article moves to describe the ac- changed since that date. wish that more questions had been tual work of the nuclear team, Gellman asked and answered before we decided states that ‘‘frustrated members of the nu- That said, I want to recognize the clear search team by late spring began call- chairman of the Appropriations Com- to send hundreds of thousands of troops ing themselves the ‘book of the month mittee, Senator STEVENS, for the effort to Vietnam. club.’ ’’ But he fails to note that this was be- he made to get this supplemental I agree with those who say that we fore the establishment of the Iraq Survey passed. During the past several days he cannot simply walk away from Iraq. Group. In fact, the team’s frustration with has demonstrated strength on par with However, I am deeply troubled by the the pace of the work is what led President one of his favorite superheroes: The In- administration’s partisan, take-it or Bush to shift the responsibility for the WMD credible Hulk. Senator STEVENS leave-it attitude towards this supple- search to the director of central intelligence mental. There are better alternatives, and to send me to Baghdad. worked extremely hard, under difficult One would believe from what Gellman conditions, to accommodate a number and the Administration should have writes that I have sent home the two leaders of my priorities: Tricare for Guard and been open to considering other ap- of my nuclear team, William Domke and Jef- Reservists, humanitarian aid for Libe- proaches. I believe they could have frey Bedell, and abandoned all attempts to ria, and additional assistance for Af- saved the taxpayers money and has- determine the state of Iraq’s nuclear activi- ghanistan. tened the time when our soldiers can ties. Wrong again. Domke’s assignment had He also supported my provision to come home. been twice extended well beyond what the impose new criminal penalties for war Amendments offered by Democrats Department of Energy had agree to. He and profiteering. Although the House Re- on the Senate floor would have gone a Bedell were replaced with a much larger contingent of experts from DOE’s National Labs. publican conferees ultimately rejected long way towards accomplishing these Finally, with regard to the aluminum the new criminal penalties for war goals. They would have: put the Sec- tubes, the tubes were certainly being im- profiteering—a major mistake in my retary of State in charge of reconstruc- ported and were being used for rockets. The view—Chairman STEVENS defended the tion efforts, which has been the case question that continues to occupy us is Senate position on this issue during for every major post-conflict operation whether similar tubes, with higher specifica- conference. I am grateful to him for since the Marshall Plan; required the tions, had other uses, specifically in nuclear doing so. administration to internationalize the centrifuges. Why anyone would think that I will have more to say on the war effort, formulate a viable plan to re- we should want to confiscate the thousands of aluminum tubes of the lower specification profiteering provision in a moment, build Iraq, and come up with a work- is unclear. Our investigation is focused on but I want to take a few moments to able exit strategy; and fully paid for whether a nuclear centrifuge program was explain why I oppose this conference the reconstruction by repealing the tax either underway or in the planning stages, report. cut on the wealthiest Americans for what design and components were being con- I have no doubt that the world is far just one year rather than raiding the templated or used in such a program if it ex- better off without Saddam Hussein. Social Security Trust Fund and sad- isted and the reason for the constant raising But, I also feel that the administration dling future generations with even of the specifications of the tubes the Iraqis rushed into this war prematurely, more debt. were importing clandestinely. We have much work left to do before any alienated some of our closest friends Each of these amendments was de- conclusions can be reached on the state of and allies, exaggerated the threat feated by the Republican leadership, possible Iraqi nuclear weapons program ef- posed by Saddam Hussein, and acting in concert with the administra- forts. Your story gives the false impression downplayed the extraordinary difficult tion, on the Senate floor. that conclusions can already be drawn. and costly task of rebuilding Iraq. We Instead of acknowledging problems DAVID KAY. all know the confident statements with the current policy and making The PRESIDING OFFICER. The Sen- made by senior administration offi- bold proposals to turn around the situ- ator from Vermont. cials, including the Vice President, ation in Iraq, the President’s approach

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13782 CONGRESSIONAL RECORD — SENATE November 3, 2003 does little more than throw more The provision in the Senate bill onds. The Senator from West Virginia money at the status quo. This goes to would have addressed these issues and has 11 minutes 22 seconds. the heart of my opposition to this con- made it easier to prosecute those ac- Mr. REID. Mr. President, could you ference report, and again, I refer any cused of defrauding U.S. taxpayers in go over that time again, please? who may want further details about Iraq. The PRESIDING OFFICER. The Sen- my views to review my October 17 In addition, some of the penalties ator from Alaska has 10 minutes 32 sec- statement. under existing fraud statutes are onds. The Senator from West Virginia I want to turn to an issue that I men- weak—perpetrators could walk away 11 minutes 22 seconds. tioned earlier, which is the refusal of with little or no jail time. This provi- Mr. REID. That is fine. I was told we House Republicans on the Appropria- sion would have increased the penalties were going to be finished at 5. tions Committee to include a provision to up to 20 years in prison and fines of Mr. BYRD. Mr. President, will the which I, along with Senators FEINSTEIN up to $1 million or twice the illegal Senator yield? and DURBIN, included in the Senate gross profits of the crime. Mr. REID. Yes. version of the Supplemental conference We have a duty to do our best to pro- Mr. BYRD. I have made my remarks. report. This provision would have cre- tect every penny of the taxpayers’ I do not need to make any additional ated criminal penalties for war profit- money from waste, fraud and abuse. I ones. I would be glad to yield back my eers and cheats who try to defraud believe the House Appropriators, by re- time. American taxpayers and cash in on the fusing to accept this provision, abdi- Mr. REID. I ask the Chair how the 10 relief and reconstruction efforts in cated this responsibility. minutes got lost in the last 2 or 3 min- Iraq. This is not a new idea. The United utes, just out of curiosity. Our men and women in uniform are States has enacted similar laws after The PRESIDING OFFICER. The Sen- risking their lies in Iraq. Our aid work- World War I, World War II, and the Ko- ator from Rhode Island obtained con- ers and diplomats are laboring under rean War. These laws were successful, sent to use Leader DASCHLE’s time. difficult and dangerous conditions. and there is a long history of case law Mr. BYRD. I have no desire to use This provision would have sent a mes- on this issue. Advocating exactly such any of my remaining time. Senator sage: If you cheat American taxpayers an approach, President Roosevelt once STEVENS has used his time. As far as I while our men and women are dying in declared it our duty to ensure that ‘‘a am concerned, we can vote. Iraq, you will go to jail. few do not gain from the sacrifices of Mr. STEVENS. Mr. President, we re- In rejecting this provision, House Re- the many.’’ The provision in the Sen- served the last 10 minutes for the Sen- publicans offered no substitute or will- ate bill borrowed heavily from this suc- ator from West Virginia and then the ingness to compromise. They also of- cessful approach, especially the por- last 10 minutes for me, the Senator fered, in my opinion, no real sub- tions relating to war profiteering. from Alaska. Does the Senator wish to stantive arguments against this provi- Some have asked me, you are the use his time? sion. More importantly, Representative ranking member of the Senate Judici- Mr. BYRD. Mr. President, if the dis- SENSENBRENNER, chairman of the ary Committee, why not go through tinguished Senator will yield, let me House Judiciary Committee, did not the regular process and report a bill thank the distinguished Senator for his oppose this provision. out of this committee? courtesy and thoughtfulness in reserv- The partisan approach by the House We all know that criminal penalties ing time for the two of us. I have the Appropriators was in stark contrast to cannot be applied retroactively. I utmost respect and affection for the wanted to have this strong deterrent the Senate position. Both Republican Senator from Alaska. It is char- against defrauding the U.S. taxpayers and Democratic Senate conferees con- acteristic of him to provide that time, in place on the same day that the sistently supported the provision, but I only wish to say at this time, President signed this bill into law and which was unanimously accepted dur- having made my remarks already, hav- the money goes out the door. Clearly, ing the Senate Appropriations Com- ing said enough on the point, I am will- this is an unusual situation that called mittee markup of the bill. Not a single ing to yield back the balance of the for quick action to ensure that these objection was raised to this provision time the Senator from Alaska set aside during Senate consideration of the controls were in place. We have missed this opportunity. for me and, as soon as the Senator Supplemental. from Alaska completes his remarks, Why is this provision so important? But, I am hoping that in the bipartisan whatever he wishes to say, then we are Congress is about to send about $70 bil- spirit of the Senate, we can come to- ready to vote. lion dollars to a Iraq, where there is no gether to pass a law that will minimize Mr. STEVENS. I thank the Senator functioning government, too little ac- the damage of the House’s refusal to very much. countability and too few financial con- act. The PRESIDING OFFICER. The Sen- trols. This is a formula for mischief. In the coming week, I will be intro- Because we are sending so much of ducing a free-standing bill that mirrors ator from Alaska. the taxpayers’ money to a place with- the provision in the Senate bill. I hope Mr. STEVENS. Mr. President, I pre- out the usual oversight and controls, I that the Senate will continue to do the viously read a portion of President strongly believe that we need an extra right thing on this issue. I believe that Clinton’s remarks on December 16, layer of protection to guard against we should press ahead and support its 1998. I want to read a few more of them waste, fraud, and abuse. This is what prompt passage through Congress. just to close this debate. The President my provision would have done. In closing, I want to say that there said at that time on December 16, 1998: By creating strong criminal penalties has been bipartisan concern with the This situation presents a clear and present and clarifying current uncertainties administration’s approach in Iraq. I danger to the stability of the Persian Gulf about jurisdiction, it would create a hope the administration listens to the and the safety of people everywhere. The strong deterrent against this type of international community gave Saddam one Congress and asks the tough questions last chance to resume cooperation with the behavior. of itself. It should reach out to Mem- weapons inspectors. Saddam has failed to As I said during the conference dis- bers of Congress and consult with ex- seize the chance. And so we had to act and cussion of this provision, if one ware- perts who do not necessarily agree with act now. Let me explain why. First, without house is locked while another ware- what the administration is doing in a strong inspection system, Iraq would be house is unlocked, everyone knows Iraq. free to retain and begin to rebuild its chem- which one will get robbed. While we may disagree on how to get ical, biological and nuclear weapons pro- There are, of course, fraud statutes there, we all want the same thing: a grams in months, not years. Second, if Sad- to protect against waste of tax dollars dam can cripple the weapons inspection sys- peaceful and democratic Iraq and our tem and get away with it, he would conclude at home. But there are serious impedi- troops home safely. ments, especially jurisdictional issues, that the international community—led by I yield the floor. the United States—has simply lost its will. to using these statutes to prosecute Mr. STEVENS. How much time is re- He will surmise that he has a free rein to re- these types of crimes in Iraq. More- maining? build his arsenal of destruction, and some over, there are no statutes that ex- The PRESIDING OFFICER. The Sen- day—make no mistake—he will use it again pressly prohibit war profiteering. ator from Alaska has 10 minutes 32 sec- as he has in the past.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13783 I am skipping a few paragraphs. He and terrorism everywhere. It is abso- Emirates and Oman—warned that Iraq alone said: lutely necessary that this money get to would bear responsibility for the con- . . . That is why, on the unanimous rec- the people who are right now at the sequences of defying the UN. ommendation of my national security greatest risk of harm, those who are When Saddam still failed to comply, we prepared to act militarily. It was only then team—including the vice president, the Sec- trying to help Iraq recover, form a new retary of Defense, the chairman of the Joint at the last possible moment that Iraq backed government and be able to defend down. It pledged to the UN that it had made, Chiefs of Staff, the Secretary of State themselves and be able to go on to a and the national security adviser—I and I quote, a clear and unconditional deci- new life, really to be a new credible sion to resume cooperation with the weapons have ordered a strong, sustained series force in the Middle East, of people who inspectors. of air strikes against Iraq. form their own government and people I decided then to call off the attack with He said: who plan their own future. our airplanes already in the air because Sad- So we will pursue a long-term strategy to I am pleased to associate myself with dam had given in to our demands. I con- contain Iraq and its weapons of mass de- all those who supported what the cluded then that the right thing to do was to struction and work toward the day when Iraq use restraint and give Saddam one last has a government worthy of its people. First, President has done. I believe it was chance to prove his willingness to cooperate. we must be prepared to use force again if right and I think history will show it I made it very clear at that time what un- Saddam takes threatening actions, such as was right. conditional cooperation meant, based on ex- trying to reconstitute his weapons of mass I yield back the remainder of my isting UN resolutions and Iraq’s own com- destruction or their delivery systems, time and ask for the vote. mitments. And along with Prime Minister threatening his neighbors, challenging allied EXHIBIT 1 Blair of Great Britain, I made it equally aircraft over Iraq or moving against his own TRANSCRIPT: PRESIDENT CLINTON EXPLAINS clear that if Saddam failed to cooperate Kurdish citizens. The credible threat to use IRAQ STRIKE fully, we would be prepared to act without force, and when necessary, the actual use of delay, diplomacy or warning. Clinton: Good evening. force, is the surest way to contain Saddam’s Now over the past three weeks, the UN Earlier today, I ordered America’s armed weapons of mass destruction program, cur- weapons inspectors have carried out their forces to strike military and security targets tail his aggression and prevent another Gulf plan for testing Iraq’s cooperation. The test- in Iraq. They are joined by British forces. War. ing period ended this weekend, and last Their mission is to attack Iraq’s nuclear, night, UNSCOM’s chairman, Richard Butler, And I go on. He said: chemical and biological weapons programs reported the results to UN Secretary-General Heavy as they are, the cost of action must and its military capacity to threaten its Annan. be weighed against the price of inaction. If neighbors. The conclusions are stark, sobering and Saddam defies the world and we fail to re- Their purpose is to protect the national in- profoundly disturbing. spond, we will face a far greater threat in the terest of the United States, and indeed the In four out of the five categories set forth, future. Saddam will strike again at his interests of people throughout the Middle Iraq has failed to cooperate. Indeed, it actu- neighbors. He will make war on his own peo- East and around the world. ally has placed new restrictions on the in- ple. And mark my words, he will develop Saddam Hussein must not be allowed to spectors. Here are some of the particulars. weapons of mass destruction. He will deploy threaten his neighbors or the world with nu- Iraq repeatedly blocked UNSCOM from in- them, and he will use them. clear arms, poison gas or biological weapons. specting suspect sites. For example, it shut The people who criticize the current I want to explain why I have decided, with the unanimous recommendation of my na- off access to the headquarters of its ruling conclusion—and listening to the con- tional security team, to use force in Iraq; party and said it will deny access to the par- clusion that President Clinton made— why we have acted now; and what we aim to ty’s other offices, even though UN resolu- did not complain then. We used air- accomplish. tions make no exception for them and strikes against Iraq. In fact, one of the Six weeks ago, Saddam Hussein announced UNSCOM has inspected them in the past. conditions President Clinton men- that he would no longer cooperate with the Iraq repeatedly restricted UNSCOM’s abil- United Nations weapons inspectors called ity to obtain necessary evidence. For exam- tioned was continued, almost daily at- ple, Iraq obstructed UNSCOM’s effort to pho- tacks against our aircraft that were UNSCOM. They are highly professional experts from dozens of countries. Their job is tograph bombs related to its chemical weap- flying what we call continuous air pa- to oversee the elimination of Iraq’s capa- ons program. trol, the CAP, over Iraq. They did that bility to retain, create and use weapons of It tried to stop an UNSCOM biological for 11 years. Daily, there were threats mass destruction, and to verify that Iraq weapons team from videotaping a site and against them. does not attempt to rebuild that capability. photocopying documents and prevented Iraqi I think we have acted reasonably The inspectors undertook this mission first personnel from answering UNSCOM’s ques- under the circumstances, particularly 7.5 years ago at the end of the Gulf War when tions. Prior to the inspection of another site, in view of the conclusion that was Iraq agreed to declare and destroy its arsenal as a condition of the ceasefire. Iraq actually emptied out the building, re- made by the President of the United The international community had good moving not just documents but even the fur- States in 1998 that Saddam was such a reason to set this requirement. Other coun- niture and the equipment. threat against the United States and tries possess weapons of mass destruction Iraq has failed to turn over virtually all the international community he should and ballistic missiles. With Saddam, there is the documents requested by the inspectors. be subjected to attack and, if he per- one big difference: He has used them. Not Indeed, we know that Iraq ordered the de- sisted, to actually use force as soon as once, but repeatedly. Unleashing chemical struction of weapons-related documents in possible. That is what the President weapons against Iranian troops during a dec- anticipation of an UNSCOM inspection. ade-long war. Not only against soldiers, but So Iraq has abused its final chance. said. As the UNSCOM reports concludes, and I ask unanimous consent that the against civilians, firing Scud missiles at the citizens of Israel, Saudi Arabia, Bahrain and again I quote, ‘‘Iraq’s conduct ensured that transcript of President Clinton’s re- Iran. And not only against a foreign enemy, no progress was able to be made in the fields marks explaining the Iraq strike be but even against his own people, gassing of disarmament. printed in the RECORD after my re- Kurdish citizens in Northern Iraq. ‘‘In light of this experience, and in the ab- marks. The international community had little sence of full cooperation by Iraq, it must re- The PRESIDING OFFICER. Without doubt then, and I have no doubt today, that grettably be recorded again that the com- objection, it is so ordered. left unchecked, Saddam Hussein will use mission is not able to conduct the work man- (See exhibit 1.) these terrible weapons again. dated to it by the Security Council with re- Mr. STEVENS. Mr. President, I said The United States has patiently worked to spect to Iraq’s prohibited weapons program.’’ In short, the inspectors are saying that before and I say again, the war is over. preserve UNSCOM as Iraq has sought to avoid its obligation to cooperate with the in- even if they could stay in Iraq, their work The President was right when he said spectors. On occasion, we’ve had to threaten would be a sham. the war is over. The military force is military force, and Saddam has backed Saddam’s deception has defeated their ef- not there. We are fighting terrorism, down. fectiveness. Instead of the inspectors dis- not just in Iraq and Afghanistan. We Faced with Saddam’s latest act of defiance arming Saddam, Saddam has disarmed the are also fighting it around the world, in late October, we built intensive diplo- inspectors. even at home. How many of us have matic pressure on Iraq backed by over- This situation presents a clear and present danger to the stability of the Persian Gulf had to stand in longer lines this morn- whelming military force in the region. The UN Security Council voted 15 to zero to con- and the safety of people everywhere. The ing because there is a greater threat demn Saddam’s actions and to demand that international community gave Saddam one right here at home? he immediately come into compliance. last chance to resume cooperation with the This bill is being passed because we Eight Arab nations—Egypt, Syria, Saudi weapons inspectors. Saddam has failed to are fighting a war against terrorists Arabia, Kuwait, Bahrain, Qatar, United Arab seize the chance.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13784 CONGRESSIONAL RECORD — SENATE November 3, 2003 And so we had to act and act now. Saddam more than $120 billion—resources Mr. REID. I thank the Senator from Let me explain why. that would have been used to rebuild his West Virginia for yielding me the time. First, without a strong inspection system, military. The sanctions system allows Iraq The PRESIDING OFFICER. The Sen- Iraq would be free to retain and begin to re- to sell oil for food, for medicine, for other ator from Nevada. build its chemical, biological and nuclear humanitarian supplies for the Iraqi people. weapons programs in months, not years. We have no quarrel with them. But with- Mr. REID. Mr. President, I voted for Second, if Saddam can cripple the weapons out the sanctions, we would see the oil-for- the first gulf war. In fact, I was the inspection system and get away with it, he food program become oil-for-tanks, resulting first Democrat to announce publicly would conclude that the international com- in a greater threat to Iraq’s neighbors and that I would do that. I voted for the munity—led by the United States—has sim- less food for its people. second gulf war. I have no problems ply lost its will. He will surmise that he has The hard fact is that so long as Saddam re- with having done that. mains in power, he threatens the well-being free rein to rebuild his arsenal of destruc- I have the greatest respect for the tion, and someday—make no mistake—he of his people, the peace of his region, the se- will use it again as he has in the past. curity of the world. senior Senator from Alaska. I know Third, in halting our air strikes in Novem- The best way to end that threat once and what a fine chairman he is on the Ap- ber, I gave Saddam a chance, not a license. If for all is with a new Iraqi government—a propriations Committee. But I do say we turn our backs on his defiance, the credi- government ready to live in peace with its this: That for anyone now to say the bility of U.S. power as a check against Sad- neighbors, a government that respects the war is over, it is not over. The war is dam will be destroyed. We will not only have rights of its people. Bringing change in going on as we speak. One need only go Baghdad will take time and effort. We will allowed Saddam to shatter the inspection to the families of the 16 people who system that controls his weapons of mass de- strengthen our engagement with the full struction program; we also will have fatally range of Iraqi opposition forces and work were killed when the helicopter was undercut the fear of force that stops Saddam with them effectively and prudently. shot down just a few hours ago. from acting to gain domination in the re- The decision to use force is never cost-free. Having said that, we still have a long gion. Whenever American forces are placed in hard row ahead of us in this war in That is why, on the unanimous rec- harm’s way, we risk the loss of life. And which we are engaged. ommendation of my national security while our strikes are focused on Iraq’s mili- I yield back the remainder of our team—including the vice president, the sec- tary capabilities, there will be unintended time. Iraqi casualties. retary of defense, the chairman of the joint The PRESIDING OFFICER. Does the chiefs of staff, the secretary of state and the Indeed, in the past, Saddam has inten- national security adviser—I have ordered a tionally placed Iraqi civilians in harm’s way Senator from West Virginia yield back strong, sustained series of air strikes against in a cynical bid to sway international opin- all of his time? Iraq. ion. Mr. BYRD. Yes, I yield back my They are designed to degrade Saddam’s ca- We must be prepared for these realities. At time. pacity to develop and deliver weapons of the same time, Saddam should have abso- The PRESIDING OFFICER. Without mass destruction, and to degrade his ability lutely no doubt if he lashes out at his neighbors, we will respond forcefully. objection, the conference report is to threaten his neighbors. adopted. At the same time, we are delivering a pow- Heavy as they are, the costs of action must erful message to Saddam. If you act reck- be weighed against the price of inaction. If The Senator from West Virginia. lessly, you will pay a heavy price. We acted Saddam defies the world and we fail to re- Mr. BYRD. I do not think it should today because, in the judgment of my mili- spond, we will face a far greater threat in the be adopted by unanimous consent. tary advisers, a swift response would provide future. Saddam will strike again at his That was not meant to happen. I under- the most surprise and the least opportunity neighbors. He will make war on his own peo- stood there would be a voice vote. I ple. for Saddam to prepare. hope the Chair will propound the ques- If we had delayed for even a matter of days And mark my words, he will develop weapons of mass destruction. He will deploy tion for the voices to vote. from Chairman Butler’s report, we would The PRESIDING OFFICER. The have given Saddam more time to disperse his them, and he will use them. Because we’re acting today, if is less likely forces and protect his weapons. question is on agreeing to the con- that we will face these dangers in the future. Also, the Muslim holy month of Ramadan ference report. Let me close by addressing one other issue. begins this weekend. For us to initiate mili- The conference report was agreed to. Saddam Hussein and the other enemies of tary action during Ramadan would be pro- peace may have thought that the serious de- Mr. STEVENS. Mr. President, I move foundly offensive to the Muslim world and, bate currently before the House of Rep- to reconsider the vote, and I move to therefore, would damage our relations with resentatives would distract Americans or lay that motion on the table. Arab countries and the progress we have weaken our resolve to face him down. The motion to lay on the table was made in the Middle East. But once more, the United States has prov- agreed to. That is something we wanted very much to en that although we are never eager to use avoid without giving Iraq a month’s head Mr. STEVENS. I suggest the absence force, when we must act in America’s vital of a quorum. start to prepare for potential action against interests, we will do so. it. In the century we’re leaving, America has The PRESIDING OFFICER. The Finally, our allies, including Prime Min- often made the difference between chaos and clerk will call the roll. ister Tony Blair of Great Britain, concurred community, fear and hope. Now, in the new The legislative clerk proceeded to that now is the time to strike. I hope Sad- century, we’ll have a remarkable oppor- call the roll. dam will come into cooperation with the in- tunity to shape a future more peaceful than spection system now and comply with the Mr. BURNS. Mr. President, I ask the past, but only if we stand strong against unanimous consent the order for the relevant UN Security Council resolutions. the enemies of peace. But we have to be prepared that he will not, Tonight, the United States is doing just quorum call be rescinded. and we must deal with the very real danger that. May God bless and protect the brave The PRESIDING OFFICER. Without he poses. men and women who are carrying out this objection, it is so ordered. So we will pursue a long-term strategy to vital mission and their families. And may f contain Iraq and its weapons of mass de- God bless America. struction and work toward the day when Iraq DEPARTMENT OF INTERIOR AND The PRESIDING OFFICER. The Sen- has a government worthy of its people. RELATED AGENCIES APPROPRIA- ator from Nevada. First, we must be prepared to use force TIONS ACT, 2004—CONFERENCE Mr. REID. Mr. BYRD has not yielded again if Saddam takes threatening actions, REPORT such as trying to reconstitute his weapons of back his time as yet, has he? mass destruction or their delivery systems, The PRESIDING OFFICER. He has The PRESIDING OFFICER. Under threatening his neighbors, challenging allied not formally done so. the previous order, the Senate will pro- aircraft over Iraq or moving against his own Mr. REID. Mr. President, I briefly ceed to the consideration of the con- Kurdish citizens. say this. I voted—— ference report to accompany H.R. 2691, The credible threat to use force, and when Mr. BYRD. Mr. President, will the which the clerk will report. necessary, the actual use of force, is the sur- Senator yield? est way to contain Saddam’s weapons of The assistant legislative clerk read Mr. REID. Yes. as follows: mass destruction program, curtail his ag- Mr. BYRD. I do not intend to use my gression and prevent another Gulf War. The committee of conference on the dis- Second, so long as Iraq remains out of time. I have already made my speech. agreeing votes of the two houses on the compliance, we will work with the inter- If I have some time, I yield whatever amendment of the Senate to the bill (H.R. national community to maintain and enforce time he needs to the Senator from Ne- 2691) making appropriations for the Depart- economic sanctions. Sanctions have cost vada. ment of Interior and related agencies for the

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13785 fiscal year ending September 30, 2004, and for tion that would compel the Depart- look at all of these issues—the Na- other purposes, having met, have agreed that ment of Interior to spend an estimated tional Endowment for the Humanities the House recede from its disagreement to $9 billion to $12 billion—that is with a and Arts, the Smithsonian Institu- the amendment of the Senate, and agree to tion—this is quite a remarkable sub- the same with an amendment, and the Sen- ‘‘b,’’ billion—over the next 3 years, on ate agree to the same, signed by a majority an exhaustive historical accounting of committee and the jurisdiction is of the conferees on the part of the con- individual Indian money accounts, an broad and very interesting. ference. accounting that may or may not shed Senator BURNS and I do share a com- (The conference report is printed in light on the ultimate solution to the mon border between North Dakota and Montana. He is a good legislator to the House proceedings of the RECORD of trust problem. If there is one thing work with. We are friends and have had October 28, 2003.) with which everybody involved in this The PRESIDING OFFICER. Who issue seems to agree, it is that we a good working relationship on this yields time? should not spend that kind of money conference report. Mr. BURNS. Mr. President, it gives on an incredibly cumbersome account- I am going to vote for this conference me a great deal of pleasure to bring ing that will do almost nothing to ben- report. There is much in it that rep- this conference report to the floor, efit the Indian people. What we need to resents progress, as far as I am con- along with my good friend from North be doing is fixing the trust system and cerned, in a range of areas, but I do say—and my colleague, Senator BURNS, Dakota, Senator DORGAN. We have settling this case once and for all. The knows this—that I have great heart- spent a lot of hours on this particular conference agreement provides that burn about the final provision in this legislation, the appropriations for the there is effectively a time out, so Con- conference report that deals with In- Department of the Interior, also some gress can address this issue in a com- dian trust land. I will talk about that portions in here for the Department of prehensive fashion. I sincerely hope in a moment. While I vigorously oppose Energy, the Forest Service, the Indian Congress will take advantage of this that provision, I, nonetheless, will vote Health Service, and several other inde- opportunity to act for the benefit of for the conference report. pendent agencies under the Interior the Indian people throughout our coun- Let me say that we have in a range of Subcommittee’s jurisdiction. try. areas in this conference report a back- Both the House and Senate bills con- Finally, I express my thanks to staffs log of work that needs to be done, formed to the same 302(b) allocation on both sides of the aisle who worked whether it is dealing with the infra- and our conference allocation is effec- so hard on getting this conference re- structure for repair and maintenance tively the same. This means the prior- port together: Larissa Sommer, Ginny of the Park Service or the Forest Serv- ities of both bodies, as expressed in James, Leif Fonnesbeck, Ryan Thom- ice, the issues dealing with Indian their respective bills, had to be pared as, and Bruce Evans on my own sub- housing, health and education, and back substantially to bring this bill to committee on this side. On the com- there are so many areas that it is hard the required level. Nobody should be mittee of course are the folks on the to focus. We have tried to have a lim- surprised if they think they did not get other side who worked so hard, and the ited amount of resources spread everything they wanted in this bill. rest of my committee staff. They have throughout the obligations here to There is an old saying, ‘‘I didn’t get ev- done a great piece of work bringing meet unlimited wants and needs. But erything I wanted, but I wanted every- this difficult conference to a successful that is the process of trying to get a thing that I got.’’ Nobody did get ev- conclusion. Chris Heggem and Ron bill such as this done. erything they wanted, including this Hooper of my personal staff have also One of the key issues where we made chairman. But I can tell you the Mem- contributed a great deal to this bill on some progress this year is the area of bers were treated fairly. I think the items that are particularly critical to tribal colleges. The reason I mention House and Senate had a good exchange my State of Montana. that is because we have been battling during the course of our conference dis- I also want to thank Peter Keifhaber for some long while dealing with a cussions. and Brooke Livingston of Senator DOR- range of issues on Indian reservations. That being said, this bill does a num- GAN’s staff for their cooperation and I mentioned previously there is a bone ber of positive things. It has been a good humor. Given that Brooke is to be fide crisis on the issues of Indian most difficult year. Generally speak- married Saturday, I think it is safe to health, housing, and education. There ing, we have tried to protect the core say she is glad to get this item off the is really a crisis in those areas. It operating programs of the land man- floor. We couldn’t conclude it quickly seems to me that one of the ways to agement agencies, the Indian Health enough. I am glad we can accommodate give people an opportunity and some Service, and the other agencies in this her on that schedule. hope for a better future is education. bill. Where possible, we have provided Again, I thank my good friend from On Indian reservations, the tribal targeted increases for high priority North Dakota. We are neighbors. Our college system has been a remarkable programs such as park operations and, border is very porous. We always stand tool that has given hope to a lot of peo- of course, forest health. our ground, though, and thank good- ple who were not able to get their edu- Beyond that, we have continued our ness there was the Little Missouri cation but have now gone back to efforts to attack the maintenance River. school to get their education through a backlog within the land management I yield to the ranking member of this tribal college. We have been able to in- agencies: The BIA administration of committee, Senator DORGAN from crease the funding for that to $48 mil- the school system and the Indian North Dakota. lion. That is not a large part of this Health Service. In a few cases we have The PRESIDING OFFICER. The Sen- bill. But the President recommended invested in new facilities, where they ator from North Dakota. $38 million, which is a cut from last are critically needed. Mr. DORGAN. Mr. President, let me year. We restored last year, and my This bill also continues to fund a begin where my colleague from Mon- colleague, Senator BURNS from Mon- number of grant programs for a variety tana ended. That is, with thanks to a tana, and I got this up to $48 million. It of purposes, from habitat conservation great deal of staff help to put this sub- is the most sizable increase we have to energy conservation to the arts and committee bill together: Bruce Evans, seen in the history of this account. We the humanities. Most of these pro- Virginia James, Leif Fonnesbeck, Ryan have done it because it is an invest- grams have been continued at around Thomas, Larissa Sommer on his side, ment in the lives of the people who current-year levels. Advocates of these and Peter Keifhaber and Brooke Liv- have hope for a better life because of programs may be disappointed that we ingston on our side. this. I appreciate the cooperation and did not provide large increases, but the This is a conference report that the assistance of my colleague from constraints of our allocation simply spends $19-plus billion on a wide range Montana. would not allow it. of issues—the National Park Service, Let me also speak about the provi- There is a specific issue I would like the Bureau of Land Management, Fish sion in the bill that is troublesome to to mention briefly and that is the In- and Wildlife, Bureau of Indian Affairs, me; that is, the issue of Indian trust dian trust reform. The court recently a portion of the Department of Energy, lands. All of us understand that the In- issued an opinion in the Cobell litiga- and the Forest Service. As you take a dian trust situation has grown more

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13786 CONGRESSIONAL RECORD — SENATE November 3, 2003 and more difficult. We now have a think we will have done pretty good fornia last week. We must all do our court order, as a result of the Cobell v. work in most areas of this report. part to prevent similar fires in the fu- Norton lawsuit, that apparently, ac- I yield the floor. I suggest the ab- ture. cording to experts if followed to the sence of a quorum. I suggest the absence of a quorum. letter, would require us to hire ac- The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The countants from Maine to California SUNUNU). The clerk will call the roll. clerk will call the roll. and about $9 billion worth of work— The legislative clerk proceeded to The legislative clerk proceeded to that is right, with a ‘‘b,’’ $9 billion call the roll. call the roll. worth of work—to try to sort out what Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- the accounts are in the Indian trust imous consent that the order for the imous consent that the order for the funds. If this is a $13 billion fund, or quorum call be rescinded. quorum call be rescinded. The PRESIDING OFFICER. Without somewhere in the neighborhood of $13 The PRESIDING OFFICER. Without objection, it is so ordered. billion, would the Native Americans objection, it is so ordered. Mr. REID. Mr. President, I rise today Mr. LEVIN. Mr. President, I will vote want us to begin a process in which we to express admiration for the hundreds spend up to $9 billion to hire account- for the Interior appropriations con- of Nevadans who risked their lives last ference report because it contains valu- ants and financial folks and others to week to help our neighbors in Cali- sift through these accounts? I think able funding for Michigan’s parks, fornia battle the deadly wildfires that trails, museums, and forests. However, that is just nuts. That doesn’t make swept that State. Approximately 500 any sense at all to anybody. I have reservations about several as- people came from Nevada to California pects of this legislation. But what I have difficulty with is re- to help fight the fires. Firefighters solving this issue. We can’t put it off. I am disappointed that the con- from every part of the State—Las ference report does not include the lan- We have to resolve it. At the end of Vegas, Henderson and Pahrump in the guage I offered with Senator COLLINS, this piece of legislation, the House- south, Reno, Carson City and other Senate conference, over my objections, unanimously adopted by the Senate, communities in the north—traveled which would have directed the Depart- put language in the conference report over the border to help fight the fires. which effectively stays the court’s Sep- ment of Energy to develop procedures Firefighting units from the Nevada to ensure the Strategic Petroleum Re- tember 25 order for as long as 14 Test Site, the naval air station at serve is filled in a manner that mini- months. Fallon, and the Lake Mead National mizes the cost to the taxpayer and First, I think that is unconstitu- Recreation Area were sent over the maximizes the overall supply of oil in tional. I think that is a violation of the border to help Californians. We even the United States. The amendment ex- separation of powers. It is apparent to sent 240 Nevada forestry conservation pressed the sense of the Senate that me, at least. The language I am talking inmates who had been trained to fight the Department of Energy’s current about that is in this conference report fires. tells the court how to construe and I am very happy and proud that Ne- procedures for filling the SPR are too apply statutes. vadans responded in this way. We be- costly for the taxpayers and have not But the question of construction and lieve in helping our neighbors in the improved our overall energy security. application is not a function of the West. So I wasn’t surprised that we Since early 2002, DOE has been ac- Congress. We passed the statute but lent a helping hand. quiring oil for the SPR without regard how it is construed and applied is not a As one firefighter told the Las Vegas to the price of oil. Prior to that time, legislative function. We don’t have any Sun newspaper, the decision to go to DOE sought to acquire more oil when business or ability, for that matter, to California was a no-brainer. He said: the price of oil was low, and less oil tell the courts how to write their opin- We didn’t even have to think twice about when the price of oil was high. In early ions. But I am afraid we are going to it. We wanted to help our fellow firefighters. 2002, however, DOE abandoned this add another issue to the litigation be- As these Nevada firefighters began cost-based approach and instead adopt- cause of what was put in this bill. returning home over the weekend, they ed the current cost-blind approach. Be- We know that between now and late described the gratitude of the Califor- cause over this period the price of oil next summer we have an obligation in nians whose houses had been saved. has been very high—often over $30 per this Congress to try to find a way to re- They believed they contributed to sav- barrel—and the oil markets have been solve this issue and head off the re- ing those homes. Unfortunately, they tight, this cost-blind approach has in- quirement to spend billions and bil- also warned that our State could be creased the costs of the program to the lions of dollars doing the accounting next in line for devastating fires. taxpayer and put further pressure on necessary to sort out the Indian trust The California fires raged through tight oil markets, thereby helping funds. Failure to do that undermines forests that had been decimated by boost oil and gasoline prices to Amer- the legitimate rights of Native Ameri- drought and disease, leaving dead trees ican consumers and businesses. cans in this country to whom these that were dry as tinder. Similar condi- The DOE’s cost-blind approach has funds belong. tions are present in Nevada and other proven to be very expensive without We have a requirement, in my judg- Western States. That is why I sup- much benefit to energy security. DOE’s ment, to create a solution between now ported the forest management act the staff estimates that in just 2 years, 2000 and the end of next summer in order to Senate passed last week. and 2001, the policy now abandoned by avoid in the next appropriations bill We have heard the grim toll of the DOE saved the taxpayer approximately having to spend billions of dollars for California fires: 20 lives loss, 1 fire- $175 million, and that a continuation of an accounting of these funds. There fighter’s life lost, almost 3,500 family this policy could have saved the tax- needs to be a settlement, an agree- homes destroyed, as much as $2 billion payer additional hundreds of millions ment. I hope that will be the case. in damage. But these fires have also of dollars through 2005. Economists es- But I think what we have done, in ef- had a direct impact on air quality and timate that the DOE’s current policy fect staying a court order—or creating water quality. The forest management has increased the cost of crude oil by a ‘‘timeout’’—is going to add a layer of act is part of the solution but it is not up to $1.75 per barrel of oil, and 5 to 7 additional problems rather than begin the whole solution. cents per gallon of gasoline at the to solve a problem. I regret that was We have to work together with State pump. DOE’s own figures also show put in the conference report. and local agencies, and with private that under the new policy overall en- Having said that, the conference re- groups, to monitor and manage the ergy security—as determined by the port is an important piece of legisla- conditions in our public forests and total amount of oil in both govern- tion. It has taken longer than we would rangeland. In our State, we have a mental and private storage—has barely have hoped to get it done. But it is now great example of this kind of coopera- increased. going to the House and to the Senate tion, the Eastern Nevada Landscape I am very concerned that without the for approval of the conference report Coalition. direction provided in the Senate’s and will go to the President. I assume Hundreds of brave Nevadans did their version of this bill, the American con- he will sign this conference report. I part to control the deadly fires in Cali- sumers, businesses, and the taxpayers

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13787 will continue to pay dearly for the De- Ms. CANTWELL. Mr. President, regarding the use of a process for re- partment of Energy’s cost-blind ap- while I plan to vote for this bill be- solving R.S. 2477 claims through the proach to acquiring oil for the Stra- cause it funds a host of programs crit- Federal Land Policy Management Act, tegic Petroleum Reserve, with only ical to our Nation and my home State FLPMA disclaimer of interest author- minimal, if any, benefit to our energy of Washington, I rise today to voice my ity. security. grave concerns over a provision that This agreement establishes a process The Department of Energy does not would prevent the Department of Inte- through which the State will identify need new authority, however, to adopt rior from conducting a full accounting State- and county-owned roads that sound business practices. DOE already of Individual Indian Trust accounts. run across public lands and meet cer- has sufficient legislative authority to On September 25, 2003, in the case of tain criteria. The State will then apply improve the cost-effectiveness of the Cobell v. Norton, U.S. District Judge to the Department of the Interior, DOI, SPR program. The Department of En- Royce Lamberth ordered the Depart- for disclaimers on those roads. Each ergy should try to better spend the tax- ment of Interior to account for all indi- application will be examined and deter- payers’ dollars and improve our overall vidual Indian assets held in trust since mination will be made as to whether energy security. I urge the Department 1887. This accounting is critical if our each road meets the strict standards to follow the direction unanimously government is to meet its federal trust set forth in the MOU. If the road quali- adopted by the Senate and improve its responsibility and reach an equitable fies, DOI will issue a recordable dis- procedures for filling the SPR. settlement over the funds owed to over claimer of interest for that road. While In addition, I am also concerned 300,000 American Indians. there had been some action in the about a provision in the bill which lim- My concerns over this funding limi- House to prevent this process form its the Department of the Interior’s tation are threefold. First, it subverts going forward, I am pleased that effort ability to perform its legal and statu- both the legislative and committee was rejected and that, upon approval of tory responsibilities with respect to process. Last week, Indian Affairs the conference report and its approval the 1994 American Indian Trust Man- Committee Chairman CAMPBELL and by the President, the State of Utah and agement Reform Act. For several Vice-Chairman INOUYE introduced leg- the Department of the Interior will be years, Native Americans have come to islation that provided a blueprint on free to pursue this agreement without expect that the Federal Government how we can move forward on this issue. limitation. and, specifically, the Department of As a member of the Indian Affairs I believe that this bill is an affirma- the Interior would rightfully manage Committee, I feel strongly that the tion of the good faith effort that the and account for the Native-American committee of jurisdiction should deal parties have made to resolve some of trust fund. Unfortunately, because the with this issue so that we can hear these long standing questions through U.S. Government has not adequately from the multiple stakeholders the MOU, and affirms limitations im- fulfilled its obligations, Native Ameri- through the traditional hearing and posed by the parties themselves in the cans have had to use the judicial sys- MOU. Those limitations imposed by tem to have their rights enforced. A legislative drafting process. Secondly, by forestalling a court the parties ensure that claims in na- rider on this Interior Department con- order, I am very concerned that this tional parks, national wildlife refuges, ference report, which was not included rider may violate the Constitution’s congressionally designated wilderness, in the either the House or Senate bill, separation of powers doctrine. With the and wilderness study areas will not be was added in conference which abro- insertion of this provision, Congress is considered through this MOU. I also be- gates the rights of 500,000 Native Amer- lieve that it is important that they icans. The provision, which legislates interfering with the ability of a federal move forward with this process and on an appropriations bill, sends the agency to comply with the ruling of a give the counties an opportunity to wrong message to Native Americans Federal judge. It could also be consid- that their judicial gains can be ered a takings, since Indian account have a local transportation system changed by an act of Congress, drafted holders are being denied redress to se- with certainty. The conclusion reached in a backroom and added by a con- cure just compensation for the use of by the conferees, to allow this MOU to ference committee when neither House their property. go forward, will allow the parties to re- had approved the language. Finally, this provision will delay ef- solve these issues through the record- A full and appropriate accounting of forts to settle this lawsuit because it able disclaimer authority as designed the Native-American trust fund is nec- will remove any incentive the Interior under FLPMA, rather than through the essary to make sure that the tribes are Department might have to participate court system. This will bring the issue treated fairly. To overturn court deci- in good faith negotiations. I hope that to resolution faster, provide for public sions through undebated legislation is its inclusion will at least spur the par- participation, and will be less costly to not good practice, especially when the ties to try and reach a mutually ac- the taxpayer than litigation. judicial proceedings are ongoing. The ceptable settlement within the year Mr. INOUYE. Mr. President, I regret trust fund contains approximately $176 that this rider will be in effect. that I must rise to speak in opposition billion while an appropriate accounting After a century of mismanaging In- to certain provisions of the conference of the fund would cost an estimated $9 dian assets, it’s time for our Nation to report to the Interior appropriations to $12 billion. keep our promises. While I share the bill for Fiscal Year 2004 relating to liti- There are also antienvironmental concerns of my colleagues over the po- gation now pending before the United provisions in this bill that I do not sup- tential expense of the accounting proc- States District Court for the District port. Language in the conference re- ess, I believe that the cost further sup- of Columbia in a class action lawsuit port will roll back the moratorium on ports the need for a negotiated settle- entitled Cobell v. Norton. In the Cobell offshore drilling in Bristol Bay, reduce ment. That is why I am committed to case, a class of several hundred thou- judicial review on Tongass timber working with the all affected stake- sand individual Indians are seeking an sales, and waive National Environ- holders as well as the chairman and accounting of funds held in trust for mental Policy Act, NEPA, review for vice-chairman of the Indian Affairs them by the United States. expiring grazing permits. committee to resolve this matter once As early as 1876, a Philadelphia news- Further, the conference report also and for all. paper reported that the government drastically reduces funding for the Mr. BENNETT. Mr. President, I rise was unable to account for the funds it Land and Water Conservation Fund, in support of the Interior conference held in trust for individual Indians and LWCF. Lower funding of the LWCF report and urge its approval. While Indian tribes. Since that time, the may result in the inability to purchase there are a number of important mat- amount of funds for which the govern- and protect land needed for habitat ters addressed through this bill, I ment cannot account has grown expo- around the Great Lakes. It also could would like to make particular note for nentially. The parties to the litigation result in land being developed which the record the absence of any limita- agree that more than $13 billion have will result in more pollution flowing tion on the Memorandum of Under- gone into the individual Indian trust into the tributaries and the Great standing, MOU, between the State of accounts, but in the aggregate, the Lakes. Utah and Department of the Interior outstanding balance in those accounts

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13788 CONGRESSIONAL RECORD — SENATE November 3, 2003 today is little over half a million dol- ment of the Interior with respect to the FY 2004 Interior and Related Agen- lars. the Individual Indian Money Trust; or cies Appropriations Bill. As you know, the United States acts No. 2, December 31, 2004. I commend the distinguished chair- as the trustee for thousands of indi- We have consulted with Senate legal man and the ranking member for vidual Indians who did not ask to be re- counsel on the language and we are ad- bringing the Senate a carefully crafted moved from their aboriginal lands, to vised that this provision is of question- spending bill within the subcommit- be forcibly placed on reservations, to able constitutionality as it relates to tee’s 302(b) allocation and consistent have their lands allotted against their the separation of powers amongst the with the discretionary spending cap for will, or to have this trusteeship im- three branches of government. Con- 2004. posed on them. And yet these people trary to the principle established by who have suffered great deprivation at the U.S. Supreme Court more than 150 The pending bill provides $19.7 billion the hands of the government seek not years ago in Marbury. v. Madison, that in discretionary budget authority and to hold the government liable for the it is the exclusive task of the Judicial $19.4 billion in discretionary outlays in loss of their funds—they seek only to Branch to determine the application of FY 2004 for the Department of the Inte- have a proper accounting of the funds the law to a case, this provision of the rior, the Forest Service, energy con- that the United States holds in trust conference report reaches into the servation and research, the Smithso- for them. province of the Article III courts by re- nian and the National Endowment for However, today, with the adoption of stricting those courts in what law they the Arts, and National Endowment for this conference report, the United may apply in the Cobell litigation. Humanities. States Government will again deal the On several occasions, I have joined The bill is at the Subcommittee’s Indians yet another blow—by denying the chairman of the Senate Indian Af- 302(b) allocation for budget authority them the right to seek a simple ac- fairs Committee in urging the parties and outlays. The bill provides $185 mil- counting in a court of law of the funds to the Cobell litigation to enter into lion or 0.9 percent more in discre- that are rightfully theirs. And people negotiations that would enable them to tionary budget authority and $1.1 bil- in Indian country are asking, and I reach a fair and voluntary settlement lion or 5.9 percent more in discre- think justifiably so, would the Con- to this litigation. I deeply regret the tionary outlays than last years bill. gress single out any other group of fact that thus far negotiations between The bill provides $72 million more in Americans for such treatment? the parties have not borne fruit. None- discretionary budget authority and $93 The relevant language of the con- theless, I remain committed to work- million more in discretionary outlays ference report seeks to prevent the pro- ing with the administration, the Cobell than the President’s budget request. visions of the American Indian Trust plaintiffs, and our colleagues in the In addition, this bill provides $400 Fund Management Reform Act, or any Senate and the House of Representa- million in emergency funding for the other statute, or any principle of com- tives to enact legislation that will pro- Forest Service and the Department of mon law from being construed or ap- vide a process for reaching a fair and the Interior for wildland fire suppres- plied to require the Department of the voluntary settlement. sion activities. These funds were re- Interior to commence or continue the Accordingly, I cannot support this ef- quested by the President. conduct of an historical accounting of fort to deny to our Nation’s First individual Indian money accounts until Americans a right that is guaranteed Mr. President, I ask unanimous con- the earlier of the following shall have to all other citizens of the United sent that a table displaying the Budget occurred: No. 1, Congress shall have States, while providing them with no Committee scoring of the bill be print- amended the American Indian Trust alternative means of obtaining full and ed in the RECORD. Fund—Management Reform Act of 1994 fair relief. There being no objection, the mate- to delineate the specific historical ac- Mr. NICKLES. Mr. President, I rise rial was ordered to be printed in the counting obligations of the Depart- in support of the conference report of RECORD, as follows: H.R. 2691, INTERIOR APPROPRIATIONS, 2004.—SPENDING COMPARISONS—CONFERENCE REPORT [Fiscal Year 2004, $ millions]

General Conserva- purpose tion Mandatory Total

Conference Report: Budget authority ...... 19,657 0 64 19,721 Outlays ...... 19,424 0 70 19,494 Senate 302(b) allocation: Budget authority ...... 19,657 0 64 19,721 Outlays ...... 19,424 0 70 19,494 2003 level: Budget authority ...... 19,472 0 64 19,536 Outlays ...... 18,340 0 73 18,413 President’s request: Budget authority ...... 19,555 0 64 19,619 Outlays ...... 19,266 0 70 19,336 House-passed bill: Budget authority ...... 19,627 0 64 19,691 Outlays ...... 19,393 0 70 19,463 Senate-passed bill: Budget authority ...... 19,625 0 64 19,689 Outlays ...... 19,361 0 70 19,431 Conference Report Compared To: Senate 302(b) allocation: Budget authority ...... 0 0 0 0 Outlays ...... 0 0 0 0 2003 level: Budget authority ...... 185 0 0 185 Outlays ...... 1,084 0 ¥3 1,081 President’s request: Budget authority ...... 102 0 0 102 Outlays ...... 158 0 0 158 House-passed bill: Budget authority ...... 30 0 0 30 Outlays ...... 31 0 0 31 Senate-passed bill: Budget authority ...... 32 0 0 32 Outlays ...... 63 0 0 63 Note: Details may not add to totals due to rounding. Totals adjusted for consistency with scorekeeping conventions.

Mr. CAMPBELL. Mr. President, in v. Norton case was filed. To date we accountants and lawyers, no account- 1996, the lawsuit now known as Cobell have spent many millions of dollars on ing has been done, and not one penny

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13789 has been paid to an Indian account fighting fund so Federal agencies don’t counting of money owed to Indians by holder. have to borrow from other accounts to the Department. The conflict grew out On September 25, the judge in the pay for firefighting costs, which halts of the Department’s continuous mis- case, Judge Lamberth, issued a deci- important restoration and salvage management of Indian oil royalties, sion that guarantees more years of liti- projects. grazing fees and the like for more than gation and, by all estimates, billions This fire season alone the Forest a century. As many as half a million more dollars spent, and no end in sight Service was forced to take $695 million Native Americans have been wrong- to the lawsuit. from other accounts, the Department fully denied monies that are owed to With appeals, congressional squab- of the Interior $165 million, to fight them. It appears that the Department bling over money and further lawsuits fires after the agencies’ firefighting may have squandered billions of dollars aimed at securing money damages, the budgets dried up for fiscal year 2003. over the course of the last 116 years. case is just beginning. I must support this conference report Money that should have gone to Indian The Department claims that pennies to ensure that Montana lands are con- education and housing, healthcare and on the dollar are owed the plaintiffs, served for future generations and pro- community development was instead but without billions more spent on ac- tected from unnecessarily high fire wasted. counting activity, it cannot say for threats. Recently, U.S. District Judge Royce sure how much is in the accounts. However, my support for this bill is Lamberth ordered the Department to Cost estimates from the Interior De- not without reservation. The historical account for all royalties owed to Na- partment suggest that it will cost $10 accounting language included in this tive Americans. Judge Lamberth also to $12 billion to comply with Judge conference report essentially states held the Secretary in contempt of Lamberth’s order, money that will be that the Department of Interior may court, because he believed that the De- spent year after year through fiscal not comply with Judge Lamberth’s partment had not been completely year 2008 at least. order without consequence for one forthcoming about how the Depart- I believe this money is better spent year. ment was working to resolve the dis- on reconstituting the Indian land base, I am not happy about how this came pute. The contempt ruling was over- building a forward-looking, state-of- about though. Riders—especially on an turned on appeal; but needless to say, the-art trust management system, and issue this important—are no way to this conflict has been heated. providing more dollars to Indian health legislate. Indian trust accounting must Now, this conference report arrives care and education, which we know are be resolved in a collaborative way, in here before the Senate with language underfunded. the light of day where all parties can that would delay a lawful judicial order The plaintiffs claim more than $175 come to the table. Eight years ago, rendered by Judge Lamberth and lan- billion dollars should be in these ac- Eloise Cobell started her battle to guage that would prevent Judge counts, a number the Department vig- champion the cause for accountability Lamberth from issuing further con- orously contests. of Indian Trust monies. Ultimately she tempt orders against the Secretary, re- Last Monday night, the Interior Ap- won when Federal District Court ruled gardless of the merits of any such propriations Committees intervened in that the United States government had order. the case by adding a rider that will breached its trust obligations to hun- I am told that the Senate Legal delay the accounting order by the dreds of thousands of American Indians Counsel has expressed concerns about judge conceivably until the end of 2004. and that the government should be the constitutionality of the new lan- Because of the enormous cost of an ac- compelled to provide a comprehensive guage because it essentially legislates counting, I believe the appropriators’ historical accounting. While indeed the a judicial outcome by telling a Federal intervention will only get worse in the cost of the accounting is expensive, it judge how to interpret the law. future. I am opposed to the inclusion of this Two weeks ago, along with Senators is crucial to balance the cost with due respect for the District Court order. provision. It is my hope that the Sen- INOUYE and DOMENICI, I introduced S. ate will take steps to mitigate against 1770, the Indian Money Account Claim This rider now attempts to modify the the damage that this language may Satisfaction Act of 2003, to reach a leg- court order Eloise Cobell fought so cause. islated settlement of the case. A hear- hard to win. Legislating away the district court decision may only invite Too many Native Americans have al- ing was held on October 29, 2003. ready waited too long for justice. Re- I do not support the Cobell rider, and further litigation. Hopefully, there will quiring them to wait longer serves no I want to make that clear. I do support be a meaningful settlement in the in- valid public policy and is simply a legislated settlement to the case, and terim. I am committed to working together wrong. I say to those who have come to the Mr. REID. Mr. President, is there floor: If you are serious about settling to get this resolved. And in the coming days and weeks, I will be doing all I time still on the bill? this matter, join me and Senators The PRESIDING OFFICER. The ma- INOUYE and DOMENICI in our efforts. can to ensure Montana tribes are at the table as these talks continue. jority still controls 24 minutes. At the hearing on the 29th, it appears Mr. REID. If the majority is willing both the Department and the plaintiffs Mr. DODD. Mr. President, I rise to express my concerns about language to yield back their time, we can vote. are willing to move ahead with medi- The PRESIDING OFFICER. Who included in the Interior Appropriations ation of this case, and I fully support yields time? Conference Report that I believe is un- that and will be doing everything in Mr. REID. Senator BURNS said he will fair to Native Americans—specifically, my power to make sure that happens. yield back his time. If you are not serious, continue on those Native Americans who have been The PRESIDING OFFICER. Is all the current course. waiting years for an accounting from time yielded back? The Senator from I thank the Chair. the Tribal Trust. Montana. Mr. BAUCUS. Mr. President, I rise While no tribes in Connecticut are di- Mr. BURNS. Mr. President, I assume today to support the conference report rectly impacted by this language, that the minority leader—— accompanying H.R. 2691, the Interior many others throughout Indian Coun- Mr. REID. He will speak after the Appropriations bill of 2004, because of try are. In my view, the provision con- vote. the $2.5 billion for firefighting, $400 tained in this conference report under- Mr. BURNS. I yield back the remain- million to pay back Federal agencies mines the expectations of all Ameri- der of my time and ask for the yeas for fire costs in 2003, and $50 million in- cans who believe that the Federal Gov- and nays. cluded for important Montana projects. ernment should abide by the rule of The PRESIDING OFFICER. Is there a These important funds will help care law when the Government administers sufficient second? for Montana’s public lands, parks and Federal programs and initiatives. There appears to be a sufficient sec- wildlife and they will help boost our Since 1996, the Department of the In- ond. state’s economy. terior has been engaged in a legal bat- The question is on agreeing to the This bill also provides a good step to- tle with Native Americans who want conference report. The clerk will call wards establishing a permanent fire- the Department to provide a full ac- the roll.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13790 CONGRESSIONAL RECORD — SENATE November 3, 2003 The legislative clerk called the roll. The legislative clerk proceeded to shacks, with no electricity and no run- Mr. MCCONNELL. I announce that call the roll. ning water. They are being denied the Senator from Utah (Mr. HATCH), Mr. DASCHLE. Mr. President, I ask money that is rightfully theirs—money the Senator from Alaska (Ms. MUR- unanimous consent that the order for they need, in many cases, to pay for KOWSKI), and the Senator from Wyo- the quorum call be rescinded. basic necessities. ming (Mr. THOMAS) are necessarily ab- The PRESIDING OFFICER. Without The court has ordered an accounting. sent. objection, it is so ordered. This rider will undermine that order. It Mr. REID. I announce that the Sen- Mr. DASCHLE. Mr. President, I come will delay resolution and delay justice. ator from Delaware (Mr. BIDEN), the to the floor to express my objection to What other group of Americans would Senator from New Jersey (Mr. a provision in the conference report the we dare to treat this way? I don’t know CORZINE), the Senator from North Senate just passed regarding manage- of one, Mr. President. Why target Carolina (Mr. EDWARDS), the Senator ment and accounting of the American American Indians? Many account hold- from Florida (Mr. GRAHAM), the Sen- Indian trust fund. ers are older people, ‘‘elders’’ who have ator from Massachusetts (Mr. KERRY), Just over a month ago, on September suffered extreme economic deprivation the Senator from Connecticut (Mr. LIE- 25, U.S. District Court Judge Royce their entire lives. If this rider staying BERMAN), the Senator from Georgia Lamberth ordered the U.S. Department Judge Lamberth’s ruling becomes law, (Mr. MILLER), and the Senator from of the Interior to conduct a full and ac- as I expect it will, many of them may Maryland (Mr. SARBANES) are nec- curate historical accounting of the as- not live long enough to see justice. essarily absent. sets held in trust by the Department This is shameful. I further announce that, if present for hundreds of thousands of individual When the Senate debated the Interior and voting, the Senator from Massa- American Indian account holders. In appropriations bill, several of us of- chusetts (Mr. KERRY) would vote his ruling, Judge Lamberth charged fered an amendment that would have ‘‘nay.’’ that the Interior Department’s han- strengthened accountability for the In- The PRESIDING OFFICER (Mr. dling of the Indian trust funds ‘‘has dian trust fund. Instead, unbelievably, COLEMAN). Are there any other Sen- served as a gold standard for mis- the provision in this conference report ators in the Chamber desiring to vote? management by the federal govern- would weaken accountability of the The result was announced—yeas 87, ment for more than a century.’’ trust fund. The trust fund language inserted into nays 2, as follows: Judge Lamberth’s decision directed this conference report—behind closed [Rollcall Vote No. 433 Leg.] the Secretary of the Interior to con- doors—would stay Judge Lamberth’s YEAS—87 duct a full and fair historical account decision. It would effectively halt the Akaka Dodd Lincoln of the trust. Such an accounting is the Cobell v. Norton lawsuit and further Alexander Dole Lott first, critical step in reaching a fair delay justice for 300,000 to as many as Allard Domenici Lugar resolution to the Indian trust fund dis- Allen Dorgan McCain a half-million Indian trust fund ac- pute. Baucus Durbin McConnell count holders. This provision is uncon- Bennett Ensign Mikulski stitutional and, I believe, unconscion- The mismanagement of the Indian Bingaman Enzi Murray trust fund is a national disgrace. It Bond Feingold Nelson (FL) able. Boxer Feinstein Nelson (NE) Partly because so many Americans stretches back generations and, as I Breaux Fitzgerald Nickles Indians live on remote reservations, have said on numerous occasions, ad- Brownback Frist Pryor ministrations of both parties share the Bunning Graham (SC) Reed not many Americans understand what Burns Grassley Reid the Indian trust fund dispute is about. blame. In the seven years since the Byrd Gregg Roberts This dispute stretches back to the Cobell lawsuit was filed, Congress has Campbell Hagel Rockefeller 1880s, when the U.S. government broke appropriated hundreds of millions of Cantwell Harkin Santorum dollars on litigation-related activities. Carper Hollings Schumer up large tracts of Indian land into Chafee Hutchison Sessions small parcels of 80 and 160 acres, which This is money that is desperately need- Chambliss Inhofe Shelby it allotted to individual Indians. The ed and would have been much better Clinton Inouye Smith spent funding health and education and Cochran Jeffords Snowe government, acting as a ‘‘trustee,’’ Coleman Johnson Specter then took control of these lands and es- housing programs in Indian Country. Collins Kennedy Stabenow tablished individual accounts for the In addition to the gross injustice, Conrad Kohl Stevens there are three additional aspects of Cornyn Kyl Sununu land owners. The government was sup- Craig Landrieu Talent posed to manage the lands. Any reve- this provision that are deeply trou- Crapo Lautenberg Voinovich nues generated from oil drilling, min- bling. Dayton Leahy Warner ing, grazing, timber harvesting or any First, this rider is unconstitutional. DeWine Levin Wyden other use of the land was to be distrib- By telling the court how it must con- NAYS—2 uted to the account holders and their strue existing law, Congress would be Bayh Daschle heirs. violating the constitutional separation NOT VOTING—11 The government has never—never— of powers. In addition, by denying account holders a full accounting of their Biden Hatch Murkowski lived up to its trust fund responsibil- Corzine Kerry Sarbanes ities. The Indian trust fund has been so trust fund monies and other assets, Edwards Lieberman Thomas badly mismanaged, for so long, by ad- this rider constitutes a taking of prop- Graham (FL) Miller ministrations of both political parties, erty without just compensation or due The conference report was agreed to. that today, no one knows how much process of law. Mr. BURNS. Mr. President, I move to money the trust fund should contain. Second, there has been virtually no reconsider the vote. Estimates of how much is owed to indi- public debate or discussion of this Mr. BOND. I move to lay that motion vidual account holders range from a rider. It was drafted without any con- on the table. low of $10 billion to more than $100 bil- sultation with tribes, with plaintiffs in The motion to lay on the table was lion. As Tex Hall, president of the Na- the Cobell Indian trust fund lawsuit or agreed to. tional Congress of American Indians with the membership of the Congres- Mr. BURNS. Mr. President, again, I has said, ‘‘This is the Enron of Indian sional committees of jurisdiction. This express my gratitude to all of those Country.’’ In fact, it may well be big- rider ignores the government-to-gov- who contributed to this appropriations ger than Enron. ernment relationship between tribes bill. There are many in this body, in The people who are being denied jus- and the Federal Government, and is al- fact too many to mention. But Senator tice in this case include some of the most universally opposed in Indian DORGAN and I appreciate their coopera- most impoverished people in all of Country. Since any effective, long- tion. We think it is a good bill. America. More than 68,000 are enrolled term solution to the trust fund prob- I suggest the absence of a quorum. members of South Dakota, North Da- lem must be based on government-to- The PRESIDING OFFICER. The kota and Nebraska tribes. Some live in government dialogue, this rider is like- clerk will call the roll. homes that are little more than ly to prove deeply counter-productive.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13791 Last week, the Senate Indian Affairs Mr. LOTT. Mr. President, I ask unan- S. 150, the Internet Tax Nondiscrimina- Committee held a hearing on a settle- imous consent that the order for the tion Act. ment bill where both parties agreed to quorum call be rescinded. As many of my colleagues have heard mediation. The House Resources Com- The PRESIDING OFFICER. Without me say on many occasions, I believe it mittee has been holding field hearings objection, it is so ordered. is important that we—and I tried to do on settlement. This is the way the f it myself—advocate policies and ideas trust fund dispute should be resolved— that promote freedom and opportunity ORDER OF BUSINESS not in back-room deals. for all Americans. We in the Senate Third and finally, this provision per- Mr. LOTT. Mr. President, for clari- must advance ideas that help create petuates a shameful pattern of neglect fication for those of us who have an in- more investment, thereby creating of American Indians and tribes and a terest in the proceedings from this more jobs and prosperity rather than failure of the Federal Government to point forward, if I could inquire, do we more burdens from taxation and regu- meet its legal and moral obligations to have anything scheduled now other lation. them. than morning business? This measure permanently extends Mr. President, there’s another The PRESIDING OFFICER. We do the moratorium banning access taxes shameful truth about this bill—and not. and taxes that discriminate against the that is what is not in it. Mr. LOTT. Do we have any idea how Internet. It is one of my priorities. I Earlier this month, during Senate de- long morning business will last? know the Senator presiding shares that bate on the Interior appropriations The PRESIDING OFFICER. We are same philosophy and has been a great bill, Democrats offered an amendment not in morning business yet. leader in that regard. to address a critical funding shortfall Mr. LOTT. Do we anticipate morning As we all know, the Internet is one of for the Indian Health Service—a short- business of 15 minutes—or how long? I our country’s greatest tools and sym- fall so acute that Indian people are fre- would like to keep an eye on this place. bols of innovation and individual em- quently turned away from IHS clinics I just as soon it not be any longer than powerment. I look at the invention of and hospitals unless they are literally necessary. I would like the staff to be the Internet as profoundly trans- in danger of losing a life or limb. They able to go home. forming and revolutionary for the dis- are denied earlier, less expensive care The PRESIDING OFFICER. The semination of ideas and information, as that might prevent such a dangerous Chair does not have any orders at this important as was the Gutenberg Press. condition in the first place. point in time. Accordingly, I think everyone in the We asked our Republican colleagues Mr. LOTT. Mr. President, could I in- Senate would want to help the Internet to restore the $292 million that they quire of the leadership? Do we have any grow and flourish as a viable tool for had promised, during the budget de- idea what the schedule for the remain- education, information, and commerce. bate, to support. They refused. The ac- der of the evening will be? I stand on the side of freedom of the tual shortfall in IHS clinical services is Mr. FRIST. Mr. President, through Internet, trusting free people and free over $2.9 billion. And our colleagues re- the Chair, we are working on the entrepreneurs—not on the side of mak- fused to provide one-tenth of that schedule right now. We just cleared the ing this advancement in technology amount in this bill. They refused to Syria Accountability Act and we are easier to tax for the tax collectors. support one-tenth of what is needed to going to be making some plans shortly. One of the great things about the provide basic health services to Amer- We will be in morning business for a Internet is that it is not limited by ican Indians. while. I wouldn’t send staff home until boundaries of State governments, local Our Republican colleagues said they we have planned out exactly what we governments, not even limited by the agreed on the need for better health will be doing. We should know in about boundary of this country. Clearly, the care for Indian people; they said they 20 minutes or so. We have gotten a lot Internet is intrastate commerce. Thus, agreed that much of the care being de- of things cleared. Right now we are the Federal Government, Congress, has nied is truly essential; but they said, working on this. We will get the sched- jurisdiction in the taxation and regula- we simply can’t afford to do more. ule planned in a very few minutes. We tion of the Internet. Given some of the spending we’ve seen will be in morning business and may be lately, that excuse rings pretty hollow My legislation, S. 150, promotes equal doing a little more business tonight as access to the Internet for all Ameri- to Indian people. And it rings pretty we go forward. I do not expect to have hollow to me, too. cans and protects every American from any more rollcall votes tonight. harmful, regressive taxes on Internet We spend twice as much on health Mr. LOTT. Mr. President, I thank the access services as well as duplicative care for Federal prisoners as we spend leader for that information. and predatory taxes on Internet trans- for American Indians. The Indian I suggest the absence of a quorum. Health Service has to ration care be- The PRESIDING OFFICER. The actions. Specifically, as reported out of cause of lack of funding. That is inex- clerk will call the roll. the Commerce Committee, S. 150 has cusable. The assistant legislative clerk pro- five provisions. Despite these deep flaws with the In- ceeded to call the roll. First, it extends permanently the dian trust fund and the Indian Health Mr. MCCONNELL. Mr. President, I country’s Federal prohibition of State Service, the Senate has approved this ask unanimous consent that the order and local taxation on Internet access rider, in part because this conference for the quorum call be rescinded. service. report contains many other programs The PRESIDING OFFICER (Mr. GRA- Second, it makes permanent the ban that are urgently needed. But this is HAM). Without objection, it is so or- on all multiple and discriminatory not the end. This in no way absolves dered. taxes relating to electronic commerce. This ensures that several jurisdictions the Interior Department of its legal f and moral obligation to restore integ- cannot tax the same transaction sim- rity to trust fund management as soon MORNING BUSINESS ply because the transaction happens to as possible. We will continue to press Mr. MCCONNELL. Mr. President, I occur over the Internet. for a full and fair accounting of all as- ask that there now be a period of morn- Third, my legislation repeals the so- sets in the Indian trust funds. And we ing business with Senators permitted called grandfathering provision over a will continue to push for full funding of to speak therein for up to 10 minutes 3-year-period. Indian health care. It is long past time each. Fourth, we make clear the original that we keep the promises we have The PRESIDING OFFICER. Without intent of the Internet Tax Freedom Act made to American Indians and tribes. objection, it is so ordered. by updating the definition of Internet I yield the floor and suggest the ab- f access to ensure the moratorium ap- sence of a quorum. plies consistently to all consumers. If The PRESIDING OFFICER. The THE INTERNET TAX we are going to exempt Internet access clerk will call the roll. NONDISCRIMINATION ACT—S. 150 services from taxation permanently, The assistant legislative clerk pro- Mr. ALLEN. Mr. President, I rise then it makes sense to do so in a man- ceeded to call the roll. today to ask my colleagues to support ner that applies to all methods and

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13792 CONGRESSIONAL RECORD — SENATE November 3, 2003 ways a consumer might have access to taxes on a consumer’s ability to access colleague, Senator CONRAD Burns, says the Internet, regardless of how they the Internet. out in the country there is a lot of dirt choose to access it, whether by DSL— Since the last extension of the Inter- to dig between light bulbs. digital subscriber line connections—by net Tax Freedom Act in 2001, some If you are going to get broadband to wireless connections, by cable modem States have begun taxing the high- rural areas, there is a great investment service, satellite, or dial-up service. speed component of broadband Internet to get it there because you have a Fifth, and lastly, this legislation en- access services by asserting that cer- fewer number of customers to recoup sures that nothing prevents the collec- tain portions of high-speed broadband your investment. In the event a tax is tion or remittance of State and Federal Internet access are telecommunication put on to broadband, it means obvi- universal service fees. services rather than Internet access ously fewer people can afford it, there- The Internet tax moratorium has services. The States doing this are by making it less likely that a com- contributed to extending Internet ac- therefore circumventing the original pany is going to invest the millions cess to over 127 million citizens, ap- intentions of the law. and millions of dollars it will take to proximately 45 percent of our country’s Working with our chairman of the get broadband deployed or high speed population. Unfortunately, that mora- Commerce Committee, Senator JOHN deployed to rural areas, thereby ruin- torium expired Friday night. Every day MCCAIN, as well as Senator RON WYDEN ing, hindering, hampering the ability that the moratorium lapses, consumers and Senator JOHN SUNUNU in the Com- of people and small businesses in rural are susceptible to more pestering, bur- merce Committee, we have updated the communities to get access to high- densome new taxes on Internet access definition of Internet access to ensure speed Internet services which is vital services, as well as taxes on e-mail, that all Internet access services, re- for them getting information, edu- taxes on instant messages, spam fil- gardless of the technology used to de- cation, as well as conducting business. ters, and even Web searches. liver that service, are covered by the The fact is, S. 150 only makes perma- For every dollar in taxation—and moratorium and therefore exempt from nent the tax moratorium on Internet most kids in elementary school will State and local taxation. access services, which is simply the understand these economics—every I want to also address for my col- ability to get access to the Internet. dollar added in taxation adds to the leagues the misleading statements Once a consumer has accessed the cost of the Internet access. With that, made regarding S. 150. I understand the Internet, the moratorium does not af- you could expect to see lost utilization proponents of higher taxes at the State fect the services that are purchased, of the Internet by thousands of Amer- and local level have raised a number of used, or sold over the Internet that ican families, especially lower income concerns about this legislation, indi- would otherwise be taxable, even if families. cating that we expanded the morato- those services are bundled together According to the Pew Internet and rium on Internet access to include all with Internet access services. American Life Project, 30 percent of telecommunication services, making Proponents of Internet taxes say this non-internet users say cost is the tax free even traditional services such bill is an unfunded mandate. The fact major reason they remain off line. Ad- as local and long-distance telephone is, the cost associated with S. 150 only ditionally, 43 percent of non-internet communications. Additionally, they affects those few States and localities users agreed with the statement, have raised the question whether or that were grandfathered under the ‘‘Internet access is too expensive.’’ not this bill would prohibit States from original Tax Freedom Act of 1998. Addi- For roughly 55 percent of the Amer- imposing property and corporate in- tionally, my legislation delays the re- ican people who are still off line, keep- come taxes on telecommunication car- peal of the grandfathering provision for ing access affordable—and that means riers and Internet service providers. a 3-year period, ensuring that the mor- keeping access free from State, local, The false assertions come maybe from atorium on Internet access taxes ap- and Federal taxation—is vital. confusion, maybe from a misunder- plies equally in all 50 States, while giv- The guiding principle of this legisla- standing, but in some cases they are ing these few taxing States and local- tion is simple and clear: The Internet intentionally, outright, and flat wrong ities additional time to adjust their should remain as accessible as possible statements. I am here to set the record budgets accordingly. to all people in all parts of the country straight. Let’s realize this has been now 5 forever. That has been the position I I want all the Members of this body years where these States and localities have taken on this and held since 1997 to understand and be clear on the facts have had time—5 years—to remove during my days as Governor of Virginia about this legislation: S. 150 does not these Internet access taxes. With my when I was one of only four Governors affect traditional voice or long-dis- bill, S. 150, they will have, in effect, 8 to share this position. tance telephone services or any other years to repeal these regressive taxes I cannot envision any time in our fu- communication service that is not di- on Internet access. ture where it will be desirable for any rectly used to provide Internet access; I would invite them to look at the government to tax access to the Inter- S. 150 does not affect a State’s ability record since the enactment of the 1998 net. I cannot envision any instance or to collect income, property, or other moratorium where several States, plus event that would precipitate the jus- corporate taxes, such as franchising the District of Columbia, have in fact tification for multiple or discrimina- fees, that are unrelated to Internet ac- chosen to move away from Internet tory taxes on the Internet by any gov- cess. taxes. ernment, whether large or small, local, The fact is S. 150 does not unneces- For example, in 1999, Iowa enacted a State, or national. sarily expand the moratorium on Inter- law specifically exempting Internet ac- Yet if the Senate fails to take action net access. Rather, the legislation cess from taxation. In South Carolina, by the end of this week or any Senator clarifies the original intentions of the after the enactment of the Federal votes against this legislation, such Internet Tax Freedom Act to include moratorium in 1998, the Governor and Member is in effect advocating taxing high-speed Internet access services. tax department issued formal an- the Internet. Only because some States and local- nouncements indicating the State There are more Americans empow- ities attempted to circumvent the would abide by the national tax mora- ered by the Internet primarily because original law by taxing portions of high- torium and would cease trying to col- the Federal policy of the United States speed Internet access did the definition lect taxes on Internet access services. has consciously allowed Internet of Internet access need to be updated. Connecticut’s State legislature ap- innovators, entrepreneurs, and con- The impact of what the States and proved a law that accelerated the sumers to remain free from onerous localities are trying to do in taxing phaseout of Internet access taxes in taxation. broadband has implications that par- July of 2001. Additionally, in April of As many know, Congress first en- ticularly are harmful to small commu- 2000, Arizona enacted a law exempting acted this moratorium with the Inter- nities and rural areas. We have always Internet access from State and local net Tax Freedom Act in 1998 after doz- advocated that we have to get sales tax. Finally, in 1999, the District ens of State and local taxing broadband to rural areas. Obviously, it of Columbia also eliminated taxes on commissars began to impose disparate costs a great deal of money. Our good Internet access.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13793 Meanwhile, we do have these other nently extends the Internet morato- The committee includes the Senators States—for example, Kentucky, Ala- rium on access, multiple, and discrimi- who have been the most engaged on bama, and others—that have attempted natory taxes. this front. I want to commend Senator to tax the transport of high-speed In sum, I ask my colleagues to be BURNS for his leadership on the issue, broadband Internet access. leaders, leaders who stand strong for along with Senator DORGAN, Senator In summary, the fact is, by allowing individual freedom and stand strong for STEVENS, Chairman MCCAIN, and Rank- the moratorium to expire, the Senate opportunities for all Americans. ing Member HOLLINGS. I look forward has opened the door for States and lo- f to working with them to keep the uni- calities to begin imposing regressive MODERN TELECOMMUNICATIONS versal service system strong and effec- taxes on Internet access services. By SERVICES tive. taxing Internet access, States and lo- Senator GORDON SMITH has intro- calities are actually contributing to Mr. DASCHLE. Mr. President, last duced legislation that addresses an im- the economic digital divide. The more week the Senate Committee on Com- portant component of universal serv- expensive we allow the State and local merce, Science, and Transportation ice, high cost funding for nonrural car- tax commissars to make Internet ac- held a hearing on Universal Service, riers. Today, I am cosponsoring that cess, the less likely people are to be taking testimony from Michael Powell, legislation, S. 1380, the Rural Universal able to buy these advanced services, the Chairman of the Federal Commu- Service Equity Act of 2003, which seeks such as high-speed broadband connec- nications Commission. I want to com- to more equitably distribute that portions. It makes it harder for them to mend the committee for examining tion of universal service. purchase Internet protocol software, issues affecting the preservation and Today, telephone companies in only wireless fidelity, or WiFi devices, or advancement of universal service. This eight States receive all of these funds. many other multimedia applications. is a discussion that is of great interest Nonrural carriers in the rest of the to me and great importance to my These applications are all made less country, even those in rural States like State. likely to be affordable for many mil- South Dakota, receive nothing. We We have long sought to ensure that should reevaluate that distribution as lions of Americans. telephone service is available in rural In a time when technology and the part of universal service reform. America, through direct infrastructure Internet have grown into improving al- I fully appreciate that S. 1380 only programs like those of the Rural Utili- most every aspect of our daily lives, addresses one small, albeit significant, ties Service, through internal tele- and where access to the Internet is a portion of Universal Service. It is im- phone company cross-subsidies and, necessity for Americans, it just seems portant to focus attention on the need more recently, through the universal to understand and address it. to me that imposing new taxes on ac- service fund. The low population den- cess or levying taxes that discriminate That point made, I favor reforming sity in so much of our Nation makes the high cost support program for non- against the Internet as a form of com- some assistance necessary; the costs of merce will just never be sound policy rural companies within the context of wiring such areas is simply too high. reform of the entire system. Telephone for our country. Phone service is simply too important As a tool, what is great about the service has developed in different ways to our social fabric to ignore this chal- throughout the country, with service Internet is it breaks down economic lenge. We must keep it affordable for provided to various degrees by the Re- and educational barriers, leveling the all Americans. That is why we need gional Bell Operating Companies, inde- playing field for millions of Americans. universal service. You will also hear some say: Let’s Access to modern telecommuni- pendent phone companies, coopera- just have a short extension. Let’s have cations services is vital to the economy tives, wireless, and competitive car- a short extension. We do not need to of my home State of South Dakota and riers. We should keep that in mind make it permanent. Well, going back in rural areas throughout the Nation. when we consider alternative ap- to the business model and under- It helps new businesses develop, even if proaches and look at the system as a standing how businesses have to invest, they are far away from their customers whole, not just focus on each indi- they like to see some certainty. If you or clients. Telecommuting is already vidual component of universal service have a short moratorium, there is less allowing many of my constituents to separately. certainty, there is less predictability remain in, or move back to, their home When we do consider universal serv- for investment, therefore, fewer job op- towns rather than having to leave in ice legislation, I think the approach portunities, and less likelihood that search of employment. That is a trend taken by S. 1380 shifting the basis of broadband or high speed will get out to we need to encourage and build upon. support for nonrural companies to the smaller towns and communities in But it is only possible if rural America costs at the wire center level, rather rural areas. has a modern telecommunications in- than statewide costs deserves consider- More than ever before, with our Na- frastructure. ation as part of a broader package. tion’s economy finally moving forward Universal service is vital to South Using statewide costs makes it dif- in the right direction, the people of Dakota. Yet universal service is not ficult for a company that serves a rel- this country need security with regard just about rural America. It also sup- atively large city to obtain support for to their financial future. Any addi- ports telephone service for low-income rural areas that it serves in the same tional tax burdens on the Internet will individuals throughout the country, State. That can limit its ability to in- mean additional costs many Americans and telecommunications services and vest in and modernize its rural infra- cannot afford, forcing the poorest in Internet access in our schools and li- structure. our society to reduce or even forego braries. I believe it is important that I do want to raise a specific concern the use of the Internet as a tool for the country remain committed to these about S. 1380. In reallocating some uni- commerce, education, information, ex- goals and the principle of universal versal service funding, the bill shifts ploration, and individual responsibility service. funds around, creating winners and los- and opportunity. Despite its importance, the future of ers. I am worried that this approach In a society—indeed, a world—where universal service is uncertain. Some pits carriers and regions against each the quality of life and an individual’s question the long-term viability of the other, rather than uniting in a com- opportunity for prosperity are directly current structure, as its funding base mon goal of protecting universal serv- related proportionately to one’s access of interstate telephone revenue de- ice and the people who depend upon it to and the acquisition of knowledge, we clines. I believe that we will need to re- for affordable telephone service in as a Senate must choose to close this evaluate the universal service struc- rural and low-income communities economic digital divide rather than ex- ture and consider comprehensive legis- throughout the country. We can and acerbate it by allowing States and lo- lation to ensure that the program re- should fix that problem. That is an- calities to further tax the Internet. mains effective and affordable in the other reason why I think the bill I call on my colleagues to join me in future. I am pleased that the Com- should be considered within the con- supporting S. 150, the Internet Tax merce Committee has begun that proc- text of broader universal service re- Nondiscrimination Act, which perma- ess. form.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13794 CONGRESSIONAL RECORD — SENATE November 3, 2003 I want to note a special problem with work be conducted in the wildland egories to current hate crimes law, one potential loser under the bill. It urban interface, but we should have sending a signal that violence of any shifts some funds that are currently al- strengthened this directive by passing kind is unacceptable in our society. located to Puerto Rico. Puerto Rico is Senator BOXER’s amendment that On July 7 of last year, three gay not represented in this body. Without would have raised wildland/urban inter- friends were violently beaten by a 21- an advocate of its own to force atten- face work to 70 percent. year-old man in Tampa, FL. The man tion to the Commonwealth’s concerns, Lastly, the underlying bill made an later pled guilty to charges of aggra- it is important that we all carefully earnest attempt to provide some pro- vated battery and battery with evi- consider the impact legislation can tection for old-growth stands in our na- dence of prejudice. The victims were have upon Puerto Rico and its resi- tional forests. Unfortunately, the bill approached in a parking garage shortly dents. When we address universal serv- leaves a couple of significant loopholes after leaving a party at the Florida ice, we should not take steps that that, if abused by our forest managers, Aquarium, one event in a 6-day gay might inadvertently reduce the avail- could threaten these ancient trees. pride celebration. Sadly, one of the vic- ability and affordability of telephone That is why I offered an amendment to tims had to visit the dentist more than and telecommunications services to close these loopholes and better pro- twenty times to replace teeth lost in the residents of Puerto Rico. tect old-growth stands. Unfortunately, the beating. In conclusion, I want to again thank my amendment was defeated. I believe that Government’s first the Commerce Committee for focusing Now that the Senate has spoken on duty is to defend its citizens, to defend greater attention on the future of uni- the overall bill, the House should take them against the harms that come out versal service. I look forward to work- up this legislation and pass it of hate. The Local Law Enforcement ing with Senators on the committee unaltered. The President should drop Enhancement Act is a symbol that can and others concerned about universal his opposition to the increased spend- become substance. I believe that by service for rural residents, low-income ing associated in the bill and urge its passing this legislation and changing consumers and our schools and librar- quick passage by the House. The Presi- current law, we can change hearts and ies to lay the groundwork for legisla- dent’s opposition to increased spending minds as well. tion to reform and strengthen the uni- presents a real and tangible risk to f versal service system. every community looking to treat for- BREAST CANCER AWARENESS ests surrounding their homes, schools, f MONTH and businesses. HEALTHY FORESTS If this bill is signed into law, the bur- Ms. SNOWE. Mr. President, I rise Mrs. MURRAY. Mr. President, last den will shift to the Forest Service and today to speak as we have just con- week, we passed an amended version of Bureau of Land Management to imple- cluded Breast Cancer Awareness H.R. 1904, the Healthy Forests Act. ment the programs in the most respon- Month. During October, about 16,000 While this bill is not everything I sible and effective manner possible. more women heard the news all women hoped it would be, it is an improve- Again, they will need to focus on pro- dread, ‘‘You have breast cancer.’’ That ment over what was proposed by the tecting communities. It will be unac- is over 190,000 women this year. Among President and passed by the House. The ceptable to treat forest stands far from women between 35 and 54 years of age, devastating fires in California and human population while any commu- no disease claims more lives. In more throughout the West over the past few nity’s wildland/urban interface remains personal terms, an American woman years have added great urgency to the untreated. faces a one in nine chance of sitting need to remove dangerous fuel loads They need to focus on taking out of down and hearing those words from her from many of our forests. We need to the forests the materials that truly physician. At that moment everything treat those hazards now, and this bill is threaten to generate catastrophic changes. really the only relevant legislation wildfires. We should not see large, fire We can be thankful that more women that can pass Congress and be signed resistant trees being removed from our are surviving this diagnosis. Modern into law by the President this year. forests under the guise of ‘‘healthy for- treatments and early detection are sav- That is why I voted for the bill on final ests.’’ Any old-growth stands that are ing lives. Many of my colleagues have passage. treated need to be treated in ways that joined with me in supporting research During the floor debate, I offered an protect their unique ecosystems. into better diagnosis and treatment. amendment to strengthen the under- Finally, in a fiscally responsible Just last month, we learned of a new lying bill’s old-growth protections and manner, the agencies need to maximize drug treatment which substantially re- I also voted for a number of other the positive economic influence these duced the recurrence of breast cancer. amendments. It is unfortunate that fuel reduction projects can have on our We have made great strides, and I am these amendments were not accepted rural economies. This means not only grateful to the many researchers who because they would have reassured a hiring local workers and companies to fight long hours battling this disease. greater portion of our citizens of the conduct the work, but also looking for And we sometimes forget the men and real intent of the legislation and would opportunities to use the resulting ma- women who, while suffering the effects have made it more effective. terial for other economic enterprises. of breast cancer, have volunteered in We don’t have the funding we need to The bill passed by the Senate has the these studies, at a time when they are remove all the dangerous fuel loads in potential to truly work in a manner already going through such a struggle. our forests. We should have made more nearly everyone can accept. Alteration We owe all of them our gratitude for funding available and ensured more re- by the House or poor implementation the strides we have made in fighting sources were focused on the wildland by the agencies will only threaten our this disease. urban interface that presents the wildfire endangered communities. Despite this progress, one in every greatest risk to property and to the I am committed to making this legis- five women diagnosed still will not sur- lives of our firefighters and citizens. lation work and stand ready to assist vive breast cancer. Modern treatments While the underlying bill will in- the communities in Washington State are useless without a diagnosis. With crease authorization levels for fuel re- protect their families and homes. early detection and treatment, death duction activities, it does not guar- f and injury can be so greatly reduced. I antee this money will be made avail- call on American women today to take able. We should have passed Senator LOCAL LAW ENFORCEMENT ACT the initiative. Many women have been BINGAMAN’s amendment that would OF 2003 taught to do self-exams, and while they have guaranteed the funding and Mr. SMITH. Mr. President, I rise can help, they are no substitute for a stopped the raiding of fuel reduction today to speak about the need for hate mammogram. I urge you now to ask accounts to pay for fire suppression. crimes legislation. On May 1, 2003, Sen- your physician about a mammogram. Likewise, the Senate bill is an im- ator KENNEDY and I introduced the Mammograms saves lives. provement over the House legislation Local Law Enforcement Enhancement But maybe you have put it off: you in directing at least 50 percent of the Act, a bill that would add new cat- can’t miss work, or the kids have an

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13795 event, or maybe, well, the previous breast cancer during their lifetime. after the death of her sister Hattie in mammograms were OK, so you think This is a tragedy, and we must do more 1993. The mother of five children and you are probably fine. Instead, think of to treat it and find a cure. six grandchildren, Ann spent her adult missing other things, such as your As Breast Cancer Awareness Month life caring for others as a home hospice child’s graduation, those anniversaries comes to a close, I want to share the care nurse. When eastern North Caro- with your spouse, or doing any of the story of an extraordinary family in lina was hit by catastrophic floods, things we too often take for granted, Goldsboro, who has been impacted by Ann spent considerable time making just due to making the visit a bit too this disease in the most devastating sure her family and friends had ade- late. and tragic sense. Willie and Mittie Dar- quate housing. Her family says that When a woman receives bad news she den, are the parents of 15 children. her concern for others was so great is facing so many worries—the threat When Mr. Darden passed away in 1976, that she was working on that project to her life. She first asks, Will I survive Mrs. Darden, known to her friends and until the breast cancer had claimed this? Then she asks how she will sur- family as Mit, became the head of the her, 2 days after her sister Bert had vive. What will they do to me? The for- Darden family. As you can imagine, passed away. It was May 14, 2000, Moth- tunate woman has her loved ones, her family gatherings at her home are al- er’s Day. family, her friends to stand by and sup- ways large, loving, and filled with joy. On Mother’s Day 2000, Mittie Coley port her. But she needs more. Mit has always been a woman of the When the news is bad, we can make deepest faith. Being a life-long member Darden was a mother grieving yet the battle easier. I have recently re- of Darden Chapel Free Will Baptist again over the loss of not one but two introduced legislation to ensure that. Church, her faith was the underpinning more daughters to breast cancer. All of The Women’s Health and Cancer Rights of the strength she needed to endure these women were wives, mothers, Act of 2003, S. 1730, will provide the as- the loss of two children to childhood grandmothers, and friends. Words could surances women need. illness. No doubt the pain was tremen- not describe her anguish. Her faith sus- No woman with breast cancer should dous. Years later this pillar of strength tained her though. She is the rock be subjected to substandard care. A for her family and community would upon which others drew strength. It is woman should be confident in her diag- endure the harshest of fates as she in her tragedy that others in her nosis and every cancer patient deserves would lose four daughters to breast church and community have become a second opinion. S. 1730 ensures that. cancer. They were Hattie Williams, more aware of the importance of orga- Every woman should be offered treat- Louise Darden, Bertha Bennett, and nizations like the Susan G. Komen ment options, including inpatient care. Ann Bryant. Foundation, where early detection and Every woman should have adequate Hattie Williams was the mother of awareness programs are stressed. It is time to recover. It is time to recognize one daughter and had four grand- the story of her daughters that moti- that the best judgment comes from the children. She spent 20 years in the vates others to participate in events expert physician working with the pa- Wayne County School System as a like the Race for the Cure and to give tient. The last question a woman Head Start teacher, later becoming the of their resources to this cause. should have to worry about when fac- owner and operator of her own day care Many of those who learn of Mit Dar- ing breast cancer is whether or not her center. On her 50th birthday, March 24, den’s daughters are touched by the im- health insurance plan will pay for ap- 1993, Mrs. Williams invited her family mense loss but are moved to action. I, propriate care after a mastectomy of to visit her. Her family recounts that too, am deeply touched and inspired. lumpectomy, or that she won’t be able she spent the evening walking the halls Very recently another of Mrs. Darden’s to remain in her doctor’s immediate with them as she sang and gave thanks daughter’s was diagnosed with breast care for as long as she needs to be. to God for her life and her family. Two cancer. It was discovered very early The evidence for the need for this days later at dawn she passed away. through one of her regular screenings. bill, especially when it comes to so- Louise Darden, nicknamed Lou Lou, Her doctors say that it was discovered called ‘‘drive through mastectomies,’’ was the mother of four children and a in time and she has already started is more than just allegorical. Indeed, grandmother of four. She, too, was a treatment. Through it all Mit Darden the facts speak for themselves. Be- Head Start teacher. Ms. Darden was is ever faithful and prays that others tween 1986 and 1995, the average length also an avid cook and was responsible will never have to endure what she has. of stay for a mastectomy dropped from for designing the t-shirts for the family She only wants to share what we all about 6 days to about 2 to 3 days. reunions. As her illness worsened, it hope and pray for—a cure. Many of my colleagues have joined was she who gave strength and comfort I am proud to have led several efforts with me in working for better screen- to her family. She truly felt we are in Congress with ways to help reach ing, research, and improved treatment. spiritual beings going through a human that goal and help women who are di- This issue of treatment and ensuring experience. She transitioned this life agnosed. The bipartisan Patient Pro- standards of care have been introduced on March 2, 1998. tection Act that passed the Senate last and discussed. We have had hearings Bertha Bennett is remembered as the year allows women to choose an OB/ back in the 105th Congress. And in the life of the party to her family. She GYN as a primary care physician. The intervening years, well over a million spent most of her adult life in Wash- bill also requires health insurers to more women faced those words, ‘‘You ington, D.C., where she was a mother of cover hospital stays for breast cancer have breast cancer’’. Women, and their three children and a grandmother of treatment procedures. In the 106th loved ones, deserve more. nine. Family members say that the Congress, I joined many of my col- I urge my colleagues to join me in teachings of her parents, rooted in the leagues in cosponsoring and passing supporting this bill and work towards church, are what caused her to over- legislation that gives Federal match- passing it this year. come alcohol dependency and become a ing Medicaid dollars to provide breast At the request of Mr. DASCHLE, the devout Jehovah Witness. Mrs. Bennett, following statement was ordered to be called Bert by her family, served as a and cervical cancer-related treatment. This law was an important step in en- printed in the RECORD. source of inspiration to her family and ∑ Mr. EDWARDS. Mr. President, I rise countless friends. Her family was vis- suring that individuals suffering from to acknowledge October as National iting her here in Washington at a hos- breast cancer have access to modern Breast Cancer Awareness Month. This pice when word was sent to them that treatment and technology regardless of gives us an opportunity to remember Ann was being moved to a hospice in their income level. the millions of victims and their fami- Goldsboro as she, too, was fighting On behalf of Mit Darden and her lies affected by breast cancer. More breast cancer. By the time the family daughters, and all the women and their than 6,000 individuals in North Caro- returned home to North Carolina, they friends and families affected by breast lina are diagnosed each year with learned Bert had died. It was May 12, cancer, we must continue the fight breast cancer, and 1,100 of them die as 2000. against this disease with compassion a result. Across the country, one in Ann Bryant had taken over the du- and action. I urge my colleagues to nine women will be diagnosed with ties as family secretary and organizer join me.∑

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13796 CONGRESSIONAL RECORD — SENATE November 3, 2003 HEALTHY FORESTS RESTORATION ager, Senator MCCONNELL, about a pro- amendments effective November 1, ACT vision in the Fiscal Year 2004 foreign 2003, except for amendments to the reg- Mr. BINGAMAN. Mr. President, last operations bill of particular impor- ulations governing furniture, acces- Thursday the Senate passed H.R. 1904, tance to me. This appropriations bill sories and special allowances policy the Healthy Forests Restoration Act. I provides $100 million for water con- which shall be effective January 3, 2005. voted for the bill because I believe we servation, $1.5 million of which the I. The following regulations are ap- need to take action to bring our forests committee report sets aside for Water proved as amended: back to good health, and there are Missions International for its safe A. Committee Regulations Governing some good provisions in the Senate- water supply and wastewater treat- the Payment of Funeral Expenses of passed version of the bill. For example, ment projects for several regional hos- Deceased Members, as amended, by the Senate version allows communities pitals in Honduras. Water Missions is a adding, deleting and substituting as to provide recommendations on reduc- faith-based South Carolina organiza- follows: Delete the last sentence in the first ing the threat of unnaturally intense tion that delivers potable water engi- paragraph and substitute—‘‘Such ar- catastrophic wildfire in community neering systems to towns and villages rangements may include ordinary and wildfire protection plans. in developing countries around the In addition, two amendments that I world. I ask Senator MCCONNELL if he necessary expenses for the following:’’ Add the following after item 4—‘‘(flo- offered were adopted by the Senate. is familiar with Water Missions Inter- ral expenses themselves are personal in The first amendment requires collabo- national and this important dem- nature and are not considered an offi- rative monitoring of the social and ec- onstration project. cial expense, with the exception of one ological effects of projects. Without Mr. MCCONNELL. Yes, I am familiar floral arrangement from the United this requirement, we will never be able with Water Missions International and States Senate);’’ to rebuild trust between rural commu- its work to provide water to communities in developing countries. I am Delete the word ‘‘Service’’ and sub- nities and the agencies. The second stitute the word ‘‘Reasonable’’ at the amendment encourages the Forest particularly familiar with their current water project in a regional hos- beginning of item 6, and insert the Service and the Bureau of Land Man- words ‘‘use of a’’ after the word ‘‘for’’ agement to hire local contractors for pital in Honduras. I recently met with Water Missions’ founders, George and and before the word ‘‘church’’. Also in- forest thinning projects in order to cre- sert the word ‘‘other’’ after the word ate jobs in forest-dependent commu- Molly Greene, to discuss this important project and was impressed by ‘‘or’’ and before the word ‘‘place’’. nities. Substitute ‘‘$5,000’’ for ‘‘$2,000’’ for Even so, I continue to believe there Water Missions International’s use of casket expense in item 9. low-cost, appropriate technology for are serious problems with this legisla- Substitute ‘‘$2,000’’ for ‘‘$1,000’’ for improving drinking water supplies. tion. Most significantly, the bill fails burial plot in item 10. Mr. GRAHAM of South Carolina. If I to tackle the main obstacle con- Add the following as item 11—‘‘Mis- may raise one more issue, I am con- straining the Forest Service from im- cellaneous expenses directly related to cerned that United States Agency for proving forest health which is the the funeral (e.g., fee for minister and International Development, USAID, agency’s harmful policy of borrowing musician) and not personal in nature has at times not followed report rec- from proactive forest restoration ac- (e.g., food, flowers, cards), not to ex- ommendations made by the Senate and counts to pay for firefighting. Some of ceed $2,500 in the aggregate.’’ the other major issues raised by the House Appropriations Committees. Is Add the following as item 12—‘‘Any Senate language include a lack of any it the manager’s intention that USAID request for exceptions to this list must new funding to reduce hazardous fuels; follow the recommendation in the re- be made to the Sergeant at Arms, and curtailing public participation in the port? approved by the Committee on Rules Mr. MCCONNELL. Absolutely. I management of public lands, including and Administration.’’ the establishment of a new so-called strongly support the report language A copy of the Committee Regulations ‘‘pre-decisional’’ review process; and that was included in Omnibus Appro- governing funeral expenses for de- lack of protection for National Monu- priations Bill earlier this year, saying ceased Members, as amended, is in- ments, roadless areas and other envi- that ‘‘the managers expect the Depart- cluded as Attachment A. These amend- ronmentally sensitive areas. ment of State and USAID to follow the ed regulations shall be effective as of I tried to fix these problems by offer- recommendations in the House and November 1, 2003. ing and cosponsoring amendments, in- Senate reports, unless those rec- B. Committee Regulations Governing cluding one to give the Forest Service ommendations are modified in the Advance Payment, as amended, by add- new authority to borrow funds directly statement of the managers.’’ I am ing new sections (l) and (m) as follows: from the Treasury when firefighting pleased that senior USAID officials re- ‘‘(l) Metro subsidy, one week in ad- costs exceed available funds. Unfortu- cently met with Water Missions to vance of the new month’’ nately, this amendment did not pre- begin the partnership process in imple- ‘‘(m) Pre-paid cellular and telephone vail. However, Senator BURNS, Senator menting this particular recommenda- communications’’. NICKLES, and others offered to work tion. A copy of the Committee Regulations with me to seek solutions to the ‘‘fire Mr. GRAHAM of South Carolina. I governing advance payment, as amend- borrowing’’ problem. I accept their gra- thank Senator MCCONNELL for his sup- ed, is included as Attachment B. These cious offer and look forward to address- port of Water Missions and its inclu- amended regulations shall be effective ing this issue in the future with their sion as an USAID project. as of November 1, 2003. cooperation and assistance. f C. Committee Regulations Governing Furniture, Accessories and Special Al- Other amendments that were offered AMENDMENTS TO VARIOUS REGU- lowances Policy for Senate Office by myself and others to improve the LATIONS OF THE COMMITTEE ON Buildings, as amended, by substituting bill were defeated. Nonetheless, I voted RULES AND ADMINISTRATION for final passage of H.R. 1904 because as follows: the Senate version was an improve- Mr. LOTT. Mr. President, I would Substitute ‘‘$5,000’’ for ‘‘$2,500’’ under ment as compared to the one passed by like to give notice to Members and Operational Policy for Senators’ Spe- the House earlier this year. staff of the Senate that the Committee cial Furniture and Accessory Allow- on Rules and Administration has ap- f ance. proved amendments to six committee A copy of the Committee Regulations FOREIGN OPERATIONS EXPORT FI- regulations. Pursuant to Title V of the governing furniture, accessories and NANCING, AND RELATED AGEN- Rules of Procedure for the Committee special allowances policy, as amended, CIES APPROPRIATIONS ACT, 2004 on Rules and Administration, and hav- is included as Attachment C. These WATER MISSIONS’ HONDURAS WATER SUPPLY ing provided advance notice of our in- amended regulations shall be effective DEMONSTRATION PROJECT tention to approve the following as of January 3, 2005. Mr. GRAHAM of South Carolina. Mr. amendments to the regulations at- D. Committee Regulations Governing President I rise to ask the bill’s man- tached hereto, we hereby approve said Payments and Reimbursements From

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13797 the Senate Contingent Fund for Ex- or any other official resources for partisan, ATTACHMENT B—COMMITTEE REGULATIONS penses of Senate Committees and Ad- political or campaign purposes—such use is GOVERNING ADVANCE PAYMENT—(ADOPTED ministrative Offices (adopted by the strictly prohibited under any circumstances. BY THE COMMITTEE ON RULES AND ADMINIS- Committee on Rules and Administra- Nothing contained herein shall be construed TRATION, OCTOBER 30, 1997, AMENDED ON to permit the use of official Senate resources SEPTEMBER 30, 1998) tion on July 23, 1987 as authorized by for any commercial activity or any income- Senate Resolution 258, 100th Congress, Under the authority granted by Sec. 1(b) generating purpose or for any other illegal for P.L. 105–55, the FY98 Legislative Branch 1st session, these regulations supercede activity. Appropriations bill and using these regula- regulations adopted by the Committee It is the responsibility of each Senator, tions— on October 22, 1975 and April 30, 1981), Committee Chairman, Officer of the Senate, The term ‘‘advance payment’’ means any as amended, by substituting as follows: or administrative office head to oversee the expense authorized, by the Committee on Substitute ‘‘$50’’ for ‘‘$35’’ in Section use of official Senate resources by their of- Rules and Administration, pursuant to P.L. 1. fice and to ensure that the use is consistent 105–55. Substitute ‘‘$50’’ for ‘‘$35’’ in Section with the requirements established by this By the above definition of advance pay- 3. policy as well as any other applicable laws ment and following the enactment of the and regulations. Nothing contained in the Substitute ‘‘$50’’ for ‘‘$35’’ in Section FY98 Legislative Branch Appropriations bill, above policy shall prevent a Senator, Com- in addition to subscriptions, the following 6 in both instances. mittee Chairman, Officer of the Senate or items are for advance payment: Substitute ‘‘$50’’ for ‘‘$35’’ in Section administrative office head from adopting a (a) Rental of water coolers (cooler units 8. more restrictive de minimis use policy.’’ only/not for water) A copy of the Committee Regulations A copy of the Committee Regulations (b) Monthly maintenance on equipment governing reimbursements for Senate that is either non-standard and/or above the governing Assignment, Accountability, Committee expenses, as amended, is in- $500 limit and Inventory Control of Equipment, cluded as Attachment D. These amend- (c) Cable TV services (including basic sat- as amended, is included as Attachment ed regulations shall be effective as of ellite service where needed) F. These amended regulations shall be (d) Online services (for official use by the November 1, 2003. Senator only) E. Committee Regulations Governing effective as of November 1, 2003. I ask unanimous consent that the at- (e) Rental booths at State Fairs, rent for Senators’ Official Personnel and Office space to be used during town hall meetings tachments be printed in the RECORD. Expense Accounts (adopted by the and associated costs (not to include insur- Committee on Rules and Administra- There being no objection, the mate- ance) tion Pursuant to Senate Resolution 170 rial was ordered to be printed in the (f) Conference and seminar fees (not to in- agreed to September 19, 1979), as RECORD, as follows: clude meals charged separately) (g) Payments on leased equipment amended, by substituting as follows: ATTACHMENT A—COMMITTEE ON RULES AND ADMINISTRATION REGULATIONS GOVERNING (h) Paging service Substitute ‘‘$50’’ for ‘‘$35’’ in Section (i) Clipping services THE PAYMENT OF FUNERAL EXPENSES OF DE- 2. (j) Yellow page listings (not to include the CEASED MEMBERS—ADOPTED JULY 23, 1987 Substitute ‘‘$50’’ for ‘‘$35’’ in Section classified yellow pages) 3. In accordance with Sec. 3.(a)(1) of Senate (k) State office rents, up to 1 year in ad- Substitute ‘‘$50’’ for ‘‘$35’’ in Section Resolution 458, agreed to October 4, 1984, fu- vance 6 in both instances. neral arrangements for deceased Senators (l) Metro subsidy, one week in advance of the A copy of the Committee Regulations made by the Sergeant at Arms and paid from new month governing Senators’ official personnel the contingent fund of the Senate shall be (m) Pre-paid cellular and telephone commu- generally limited to those activities and and office expense accounts, as amend- nications costs associated with the transportation, With respect to charges for on-line served, is included as Attachment E. These preparation, and disposition of the remains. ices, paging services, clipping services, and amended regulations shall be effective øSuch activities and costs may include, but equipment maintenance, advance payment as of November 1, 2003. not be limited to, the following:¿ Such ar- shall only be made in the cases of ‘‘flat fee F. Committee Regulations Governing rangements may include ordinary and necessary services.’’ Also, no advance payment will be Assignment, Accountability, and In- expenses for the following: allowed in instances where cancellation fees ventory Control of Equipment, as 1. The transportation of remains to the may be incurred. Time limitation on the ob- amended, by adding a new section as mortuary; ligation of funds is restricted to a Member’s follows: 2. Complete preparation and care of the re- six-year term of office and a Committee’s bi- mains; ennial funding period. ‘‘DE MINIMIS EXCEPTION FOR USE OF SENATE 3. Automotive equipment, including lim- EQUIPMENT ATTACHMENT C—COMMITTEE REGULATIONS ousine service for the immediate family, GOVERNING FURNITURE, ACCESSORIES AND Sec. 11. It is the normal and standing pol- pallbearers, and the funeral coach; SPECIAL ALLOWANCES POLICY FOR SENATE icy of the Senate that official Senate re- 4. Funeral home expenses for the receipt, OFFICE BUILDINGS sources may only be used in connection with care, and arrangement of floral tributes and official business. However, in recognition of OPERATIONAL POLICY—SENATORS’ SPECIAL a supply of acknowledgment cards, (floral ex- FURNITURE AND ACCESSORY ALLOWANCE the infrequent need for authorized users of penses themselves are personal in nature and ø ¿ official Senate resources or equipment to are not considered an official expense, with the 1. An amount of $2,500 $5,000 will be allot- take care of occasional personal matters dur- exception of one floral arrangement from the ted from appropriated funds to each newly ing normal business hours, pursuant to S. United States Senate); elected/re-elected Senator for the purpose of furnishing a Senator’s personal office, recep- Res. 238 (108th Congress, 1st Session), the de 5. Preparation of usual newspaper notices, tion room, and conference room. minimis use of official Senate resources (i.e. procuring and executing the required certifi- 2. This allowance is for the purchase of fur- computers, Internet services, cellular tele- cates and permits; phones, copiers and facsimile machines and niture and furnishings which are in addition 6. øService¿ Reasonable fee for use of a other such similar devices) is hereby per- to the furnishings requested from the Stand- church, synagogue or other place of service; mitted. ard Furniture and Accessories list and will For purposes of this policy, ‘‘de minimis 7. Cremation fees, including urn; be authorized at the beginning of each Sen- use’’ is defined as the incidental, unofficial 8. Interment fees or charges for grave serv- ator’s new term of office. The balance in the use of Senate resources or equipment when ices; account will remain available until expended such use is significantly negligible in nature 9. Burial vault and casket, not to exceed or the end of the term of office. and frequency and at nominal expense to the ø$2,000¿ $5,000; 3. Provisions will be made for Senators to government. Such use must also not create 10. If not previously purchased by the fam- purchase from this special allowance fur- the appearance of impropriety. The de mini- ily, one burial plot (not to exceed ø$1,000¿ niture and accessory items which are unique mis use of official resources as described $2,000) and temporary marker. Permanent to their offices and/or home states. herein is considered to be in the interest of grave markers or headstones are personal 4. a. Items authorized for purchase include the Senate. The de minimis uses permitted items and are not authorized by these regu- furniture, furnishings and accessory items. herein are only acceptable when such uses lations to be paid from appropriated funds. All items shall be separate from other items are performed without measurable inter- 11. Miscellaneous expenses directly related to or assemblies, shall not be perishable, shall ference to the performance of the official du- the funeral (e.g., fee for minister and musician) be storable, shall be capable of accepting ties of the authorized user and are in compli- and not personal in nature (e.g., food, flowers, Senate inventory tags, and, except as noted ance with the Senate Code of Official Con- cards), not to exceed $2,500 in the aggregate. in 4.b., shall be able to be returned to stock duct. 12. Any request for exceptions to this list must for reissue. Items purchased shall be sub- Nothing contained herein shall be con- be made to the Sergeant at Arms, and approved stantial, shall not be of a temporary nature, strued to permit the use of Internet services by the Committee on Rules and Administration. and shall, in general, be replaceable. The

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purchase of items of art, antiques and arti- ATTACHMENT D—REGULATIONS GOVERNING Section 7. Cash advances from the Dis- facts is not provided for in this allowance. PAYMENTS AND REIMBURSEMENTS FROM THE bursing Office are to be used for travel and Items purchased shall not be available SENATE CONTINGENT FUND FOR EXPENSES OF petty cash expenses only. No more than through other means such as the Senator’s SENATE COMMITTEES AND ADMINISTRATIVE $5,000 may be outstanding at one time for Official Personnel and Office Expense Ac- OFFICES Senate committees or administrative offices, count. Examples of items not provided for in- (Adopted by the Committee on Rules and Ad- unless otherwise authorized by law or resolu- clude ashtrays, paintings, frames, photo- ministration on July 23, 1987 as authorized tion, and no more than $300 of that amount graphs, clocks, cut flowers, decorative flow- by S. Res. 258, 100th Cong., 1st sess., these may be used for a petty cash fund. The indi- ers, vases, or bookends. regulations supercede regulations adopted vidual receiving the cash advance will be b. Items which are exceptions to the above by the Committee on October 22, 1975 and personally liable. The Committee on Rules requirements in 4.a., that is, are not required April 30, 1981) and Administration may, in special instances, increase these nonstatutory limits to be returned to stock, but which may be Section 1. Unless otherwise authorized by upon written request by the Chairman of procured through this allowance, include law or waived pursuant to Section 6, herein, that committee and proper justification. materials to construct draperies, upgraded no payment or reimbursement will be made Section 8. Documentation of petty cash ex- carpeting, and materials and labor for the from the contingent fund of the Senate for penses shall be listed on an official petty custom upholstering of furniture items. any official expenses incurred by any Senate cash itemization sheet available from the committee (standing, select, joint, or spe- c. The Committee on Rules and Adminis- Disbursing Office and should include ALL of cial), commission, administrative office, or tration, in conjunction with the Architect of the following information: the Capitol, will monitor requests for non- other authorized Senate activity whose (a) date expense was incurred; standard items to preserve the architectural funds are disbursed by the Secretary of the (b) amount of expense; conformity of the Senate Office Buildings. Senate, in excess of ø$35¿ $50, unless the (c) product or service provided; and voucher submitted for such expenses is ac- (d) the person incurring the expense 5. All furniture and accessories, whether companied by documentation, and the chosen from the Standard list or purchased (payee). voucher is certified by the properly des- Each sheet must be signed by the Senate from the Senators’ Special Furniture and ignated staff member and approved by the employee receiving cash and an authorizing Accessory Allowance, remain the property of Chairman or elected Senate officer. The des- official (i.e., someone other than the em- the Architect of the Capitol. ignation of such staff members for certifi- ployee(s) authorized to certify vouchers). 6. Furnishings secured through this allow- cation shall be done by means of a letter to Original receipts or facsimiles must accom- ance may be returned at any time at the re- the Chairman of the Committee on Rules and pany the itemization sheet for petty cash ex- quest of the Senator, or the Senator’s des- Administration. ‘‘Official expenses’’, for the penses over ø$35¿ $50. ignated Office Head, to the Architect’s in- purposes of these regulations, means ordi- Section 9. Petty cash funds should be used ventory without credit to the Senators’ spe- nary and necessary business expenses in sup- for the following incidental expenses: cial allowance. port of a committee’s or administrative of- (a) postage; 7. Items obtained through the special al- fice’s official duties. (b) delivery expenses; lowance may be purchased, at a depreciated Section 2. Such documentation should con- (c) interdepartmental transportation (re- price, from a Senator’s personal funds at any sist of invoices, bills, statements, receipts, imbursements for parking, taxi, subway, bus, time. However, furniture furnished as stand- or other evidence of expenses incurred, and travel in a privately-owned vehicle; etc.); (d) single copies of publications (not sub- ard furniture for Senators or Staff from the should include ALL of the following informa- scriptions); Standard Furniture and Accessories list, but tion: (e) office supplies not available in the Sen- which has been custom upholstered with ma- (a) date expense was incurred; (b) the amount of the expense; ate Stationery Room; and terials purchased from the special allowance, (f) official telephone calls made from a is not available for purchase unless the (c) the product or service provided; (d) the vendor providing the product or staff member’s residence or toll charges Building Superintendent has declared it to within a staff member’s duty station. be surplus. service; (e) the address of the vendor; and Petty cash funds should not be used for the 8. Items purchased through the special al- (f) the person or office to whom the prod- procurement of equipment. lowance which have been returned to the Ar- uct or service was provided. Section 10. Committees are encouraged to chitect’s inventory may be obtained by a Expenses being claimed should reflect only maintain a separate checking account only Senator at the depreciated value as a charge current charges. Original copies of docu- for the purpose of a petty cash fund and with to that Senator’s Special Furniture and Ac- mentation should be submitted. However, a balance not in excess of $300. cessory Allowance. legible facsimiles will be accepted. Section 11. Vouchers for the reimbursement of official travel expenses to a com- 9. Depreciation on all items will be cal- Section 3. Official expenses of ø$35¿ $50 or mittee chairman or member, officer, em- culated on the following basis: less must either be documented or must be itemized in sufficient detail so as to leave no ployee, contractor, detailee, or witness shall Percent of doubt of the identity of, and the amount be accompanied by an ‘‘Expense Summary During year original pur- spent for, each item. However, hotel bills or Report—Non Travel’’ signed by such person. chase price other evidence of lodging costs will be con- Vouchers for the reimbursement to any such One ...... 100 sidered necessary in support of per diem ex- individual for official expenses other than Two ...... 90 penses and cannot be itemized. travel expenses shall be accompanied by an Three ...... 80 ‘‘Expense Summary Report—Non Travel’’ Four ...... 70 Section 4. Documentation for services ren- Five ...... 60 dered on a contract fee basis shall consist of signed by such person. Six ...... 50 a contract status report form available from ATTACHMENT E—(REGULATIONS GOVERNING Seven ...... 40 Eight ...... 30 the Disbursing Office. However, other ex- SENATORS’ OFFICIAL PERSONNEL AND OFFICE penses authorized expressly in the contract EXPENSE ACCOUNTS—ADOPTED BY THE COM- Salvage value is considered to be 30 percent of the original purchase will be subject to the documentation re- MITTEE ON RULES AND ADMINISTRATION PUR- price. quirements set forth in these regulations. SUANT TO SENATE RESOLUTION 170 AGREED Procedure for Ordering Items Section 5. No documentation will be re- TO SEPTEMBER 19, 1979, AS AMENDED.) quired for the following expenses: Section 1. For the purposes of these regula- Special furniture and accessory items may (a) Salary reimbursement for compensa- tions, the following definitions shall apply: be obtained by submitting a request in writ- tion on a ‘‘When Actually Employed’’ basis; (a) Documentation means invoices, bills, ing to the Office of the Superintendent with (b) reimbursement of official travel in a statements, receipts, or other evidence of ex- all details pertaining to the items desired in- privately owned vehicle; penses incurred, approved by the Committee cluding a complete description, cost, avail- (c) foreign travel expenses incurred by offi- on Rules and Administration. ability, vendor(s), etc. Procurement methods cial congressional delegations, pursuant to (b) Official expenses means ordinary and will be consistent with the procedures de- S. Res. 179, 95th Cong., 1st sess.; necessary business expenses in support of the scribed in the Federal Acquisition Regula- (d) expenses for receptions of foreign dig- Senators’ official and representational du- tion, and all items procured through the spe- nitaries pursuant to S. Res. 247, 87th Cong., ties. cial allowance will be at a fair and reason- 2nd sess., as amended; and Section 2. No reimbursement will be made able price reflective of the fair market value. (e) expenses for receptions of foreign dig- from the contingent fund of the Senate for Procurement will be accomplished by the nitaries pursuant to Sec. 2 of Pub. Law 100– any official expenses incurred under a Sen- issuance of a purchase order from the Archi- 71 effective July 11, 1987. ator’s Official Personnel and Office Expense tect of the Capitol to the vendor. Vendors Section 6. In special circumstances, the Account, in excess of ø$35¿ $50, unless the will then bill the Architect of the Capitol Committee on Rules and Administration voucher submitted for such expenses is ac- against the purchase order, with payment may require documentation for expenses in- companied by documentation, and the following approval of each invoice. Reim- curred of ø$35¿ $50 or less, or authorize pay- voucher is personally signed by the Senator. bursements to other accounts will not be ment of expenses incurred in excess of ø$35¿ Section 3. Official expenses of ø$35¿ $50 or made from the special allowance accounts. $50 without documentation. less must either be documented or must be

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13799 itemized in sufficient detail so as to leave no (H) Office of a United States Senator, the equipment, the Sergeant at Arms shall not doubt of the identity of, and the amount Senator; make such equipment available to such com- spent for, each item. Items of a similar na- (I) Committee of the Senate, the Chair- mittee or office unless the chairman or head ture may be grouped together in one total on man; thereof enters into an agreement with the a voucher, but must be itemized individually (J) Democratic Policy Committee, the Sergeant at Arms sufficient to assure the on a supporting itemization sheet. Chairman; Sergeant at Arms that proper account- Section 4. Travel expenses shall be subject (K) Democratic Conference, the Chairman; ability, assignment, and inventory control to the same documentation requirements as (L) Republican Policy Committee, the procedures will be carried out with respect other official expenses, with the following Chairman; to such equipment. exceptions: (M) Republican Conference, the Chairman; (c) The Sergeant at Arms shall not furnish (a) Hotel bills or other evidence of lodging (N) Office of the Sergeant at Arms, the equipment to replace equipment which has costs will be considered necessary in support Sergeant at Arms; been lost, stolen, or damaged, unless the ap- of per diem. (O) Office of the Secretary of the Senate, propriate report required by section 5(b) has (b) Documentation will not be required for the Secretary of the Senate; been submitted. reimbursement of official travel in a pri- (P) Office of the Secretary to the Majority, INVENTORY AND INSPECTION BY SERGEANT AT vately owned vehicle. the Secretary to the Majority; ARMS Section 5. No documentation will be re- (Q) Office of the Secretary to the Minority, Sec. 3. (a) The Sergeant at Arms shall con- quired for reimbursement of the following the Secretary to the Minority; duct an on-site physical inventory and in- classes of expenses, as these are billed and (R) Office of the Legislative Counsel, the spection of all Senate equipment made avail- paid directly through the Sergeant at Arms Legislative Counsel; and able to each office head on an annual basis or and Doorkeeper: (S) Office of the Senate Legal Counsel, the as otherwise determined appropriate by the (a) official telegrams and long distance Senate Legal Counsel; Sergeant at Arms in the interest of sound in- calls and related services; (3) ‘‘Committee’’ means a standing com- ventory control. (b) stationery and other office supplies pro- mittee of the Senate, a select committee of (b) In addition to any such inventory or in- cured through the Senate Stationery Room the Senate, or a special committee of the spection conducted pursuant to subsection for use for official business. Senate; (a), the Sergeant at Arms shall conduct such Section 6. The Committee on Rules and (4) ‘‘current value’’ means the fair market special physical inventories and inspections Administration may require documentation value, less 20 percent, or, if the fair market as may be necessary to assure the proper ac- for expenses incurred of ø$35¿ $50 or less, or value cannot be determined satisfactorily, countability for Senate equipment. authorize payment of expenses incurred in the depreciated value; (c) Such inventories and inspections shall excess of $35 $50 without documentation, in (5) ‘‘fair market value’’ means the price at be carried out in accordance with such regu- special circumstances. which such or similar equipment is freely lations as the Sergeant at Arms, with the ap- ATTACHMENT F—REGULATIONS GOVERNING sold, or in the absence of sales, offered for proval of the Committee on Rules and Ad- ASSIGNMENT, ACCOUNTABILITY, AND INVEN- sale in the metropolitan area of Washington, ministration, shall adopt. TORY CONTROL OF EQUIPMENT DC, in retail quantities and in the ordinary RESPONSIBILITY FOR SAFEGUARDING Approved by the Committee on Rules and course of trade; EQUIPMENT Administration, United States Senate, on (6) ‘‘depreciated value’’ means the original Sec. 4. (a) Except to the extent otherwise January 25, 1983, effective March 1, 1983, to purchase price of equipment depreciated provided in this section each office head cover Senators, chairmen of committees and (A) in the case of typewriters and mailing shall have the responsibility for safeguarding subcommittees, officers of the Senate, joint equipment, by using a straight-line ten year equipment made available to his or her office committees of the Congress, other officers useful life basis; or committee and for reporting promptly to and individuals of the legislative branch, and (B) in the case of word processing equip- the Sergeant at Arms any such equipment employees of the United States Senate and ment, by using a straight-line eight year which is lost, stolen, damaged or for which to supersede the regulations adopted June 28, useful life basis; and such office head cannot account. Assignment 1978, which became effective on September 1, (C) in the case of all other equipment cov- of equipment to an office head shall be docu- 1978. ered by these regulations, by using a mented on Senate Form EQU 1, the format Resolved by the Committee on Rules and straight-line six year useful life basis; and content of which are set forth in section Administration of the United States Senate, (7) ‘‘salvage value’’ means the price at 10. That equipment provided to Senators, com- which such or similar equipment which is ir- (b) Notwithstanding any other provision of mittee chairmen, other officers and employ- reparably inoperable or beyond its normal these regulations, each chairman of a com- ees of the United States Senate, and other useful life is freely sold, or in the absence of mittee may transfer to each chairman of a individuals shall be subject to the following sales, offered for sale for recovery of scrap subcommittee of such committee all of the regulations relating to assignment, account- materials or spare parts in the metropolitan responsibilities and obligations which the ability, and inventory control. area of Washington, DC; chairman of the committee would otherwise DEFINITIONS (8) ‘‘earnings’’ means compensation paid or have with respect to such equipment under Sec. 1. (a) As used in these regulations, the payable by the United States Senate for per- these regulations. In any case involving such term— sonal services, whether denominated as a delegation to a chairman of a sub- (1) ‘‘equipment’’ includes, but is not lim- wages, salary, commission, bonus, or other- committee, such chairman shall be deemed ited to, typewriters, dictation machines, cal- wise; and an office head within the meaning of these culators, facsimile transmission equipment, (9) ‘‘disposable earnings’’ means that part regulations. Such transfers of responsibility photocopiers, sound reproduction and record- of the earnings of any individual remaining are to be documented on Senate Form EQU ing equipment, video recording equipment, after the deduction from those earnings of: 2, the format and content of which are set desk-top computers and peripheral equip- (A) any amounts required by law or court forth in section 10. ment, portable computers, answering de- order to be withheld; and (c) Each office head may delegate to any vices, headsets, Telecommunications Devices (B) amounts withheld for retirement, life employee of the office under his or her juris- for the Deaf (TDDs), modems, intelligent insurance, health insurance, and charitable diction responsibility for safeguarding equip- wiring hubs, telephone instruments, cellular contributions; ment assigned to such employee and the re- telephones, voice couplers, and pagers, (b) In the case of any other office of the sponsibility for reporting promptly to the of- whether owned, rented, or leased by the Sen- Senate not designated in subsection (a), the fice head and the Sergeant at Arms any such ate; Senator, staff director, or other officer or equipment so assigned which is lost, stolen, (2) ‘‘office head’’ means, with respect to staff member in charge of such office shall be damaged, or for which such employee cannot each of the following offices and committees, an ‘‘office head’’ for purposes of these regula- account. Such delegations are to be docu- the following designated officer: tions. mented on Senate Form EQU 3, the form and content of which are set forth in section 10. (A) Office of the Vice President, the Vice REQUESTS FOR EQUIPMENT President; (d) Each office head may adopt such proce- (B) Office of the President Pro Tempore, Sec. 2. (a) An office head shall have the dures for the office under his or her jurisdic- the President Pro Tempore; sole authority to request equipment from tion as such office head may deem appro- (C) Office of the Deputy President Pro the Sergeant at Arms for use in connection priate regarding the assignment to employ- Tempore, the Deputy President Pro Tem- with the office or committee under his or her ees of such office head of equipment which pore; jurisdiction. No such equipment shall be may be used by any such employee in the (D) Office of the Majority Leader, the Ma- made available except pursuant to a letter to conduct of official business at points other jority Leader; the Sergeant at Arms signed by such office than his official post of duty. Such assign- (E) Office of the Minority Leader, the Mi- head. ments are to be documented on Senate Form nority Leader; (b) In the case of any joint committee of EQU 4, the form and content of which are set (F) Office of the Assistant Majority Lead- the Congress which is authorized to receive forth in section 10. er, the Assistant Majority Leader; equipment from the Sergeant at Arms, and (e) Each office head shall designate a mem- (G) Office of the Assistant Minority Lead- any other office which, whether or not a part ber of his or her staff as the individual reer, the Assistant Minority Leader; of the Senate, is authorized to receive such sponsible for giving the notice required

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13800 CONGRESSIONAL RECORD — SENATE November 3, 2003 under paragraph (2) of subsection (f) in the (A) is stolen, if such employee or other in- retary of the Senate shall withhold from any absence of such office head. dividual promptly reported such equipment compensation or other payments due such (f)(1) An office head to whom equipment as stolen to the appropriate law enforcement office head such amount or amounts as may has been assigned under these regulations agency and promptly notified the Sergeant be necessary to satisfy such obligation. and who intends to retire, resign, or other- at Arms and, in the case of an employee, (b) In the case of any employee who is re- wise terminate his or her employment shall such employee’s office head of that fact in signing or retiring from or who has left or is notify the Secretary of the Senate of his im- writing; or otherwise leaving, his or her employment, pending retirement, resignation, or termi- (B) is damaged, if such employee or other the Secretary of the Senate, upon receiving nation as soon as practical. individual reported such equipment as dam- notification in accordance with subsections (2)(A) Whenever an office head, or indi- aged, together with a statement as to how (e) and (f)(2) of section 4 of these regulations, vidual designated by that office head pursu- such damage occurred, to the Sergeant at shall withhold from any compensation or ant to subsection (e) of this section, is noti- Arms and, in the case of an employee, the other payments due such employee such fied to the effect (i) that an employee to employee’s office head as soon as practicable amount or amounts as may be necessary to whom such office head has assigned the re- after it has been determined damaged, and, satisfy such obligation. sponsibility for equipment under these regu- on the basis of such statement and other in- (c) In any other case in which the Sergeant lations intends to retire, resign, or otherwise formation available to the Sergeant at Arms, at Arms is unable, after a diligent effort, to leave his or her employment, and (ii) that the Sergeant at Arms determines that such obtain from any office head or employee re- such employee has an unfulfilled financial employee or other individual exercised a imbursement of any obligation to the Senate obligation to the Senate arising out of such standard of care with respect to such equip- pursuant to these regulations, the Sergeant assignment, such office head or designated ment entrusted to such employee or other at Arms shall notify the Secretary of the individual shall, not later than the next individual which a reasonably prudent and Senate to that effect and the Secretary shall business day following the day on which such careful person would be expected to take of withhold amounts from compensation or office head or individual learns of such in- his own property of a like description under other payments otherwise due such office tended retirement, resignation, or termi- like circumstances and that, in spite of such head or employee until such reimbursement nation of employment, notify the Secretary care, such equipment was so damaged. obligation has been satisfied subject to the of the Senate of such pending retirement, (3) Notwithstanding any other provision of limitations set forth in subsection (d). resignation, or termination of employment, these regulations, in any case in which the (d) The maximum part of the compensation and of such obligation. Sergeant at Arms is unable to obtain reim- or other payments such office head, em- (B) For purposes of this paragraph (2), the bursement from any employee in connection ployee, or other individual derived from term ‘‘business day’’ means any day other with equipment assigned to that employee earnings for any work period which is sub- than a Saturday, Sunday, or holiday. by an office head, such office head shall be ject to withholding under subsection (c) shall REIMBURSEMENT FOR LOST, STOLEN, OR liable for such reimbursement to the extent not exceed the lesser of DAMAGED EQUIPMENT not recovered from such employee in the (1) twenty-five percent of his disposable Sec. 5. (a) In the case of any equipment same manner as if such assignment had not earnings for that period, or covered by these regulations which is stolen, occurred. The preceding sentence shall not (2) if the work period is a workweek, the lost, or otherwise unaccounted for, reim- apply in the case of an employee who fails to amount by which his disposable earnings for bursement shall be made in an amount equal so reimburse the Senate and who resigns or that workweek exceed 30 times the Federal to the current value of such equipment as de- retires or otherwise leaves his employment, minimum hourly wage prescribed by section termined in accordance with section 6. In the if such office head is in compliance with sub- 6(a)(1) of the Fair Labor Standards Act of case of any such equipment which is dam- sections (e) and (f)(2) of section 4 of these 1938 in effect at the time the earnings are aged, reimbursement shall be made in an regulations. payable, or, if the work period is not a work- amount equal to the cost of repairs to such (c) Whenever lost or stolen equipment for week, the amount by which his disposable equipment, or its current value (reduced by which reimbursement has been made is found earnings for that period exceed 30 times the its salvage value), whichever is less. or recovered, the individual from whom re- equivalent multiple of the Federal minimum (b)(1) Except to the extent otherwise pro- imbursement was received shall notify the hourly wage prescribed by the Secretary of vided in this section, an office head shall be Sergeant at Arms immediately upon its re- Labor for such period pursuant to section 303 responsible for promptly reimbursing the covery and shall tender the property to the of the Consumer Credit Protection Act. Senate, through the Sergeant at Arms, for appropriate office of the Senate for inspec- (e) In any case in which the Sergeant at any such equipment made available to him tion by the Sergeant at Arms. The Sergeant Arms is unable, after a diligent effort, to ob- in accordance with these regulations which at Arms shall: tain from any office head or employee or any is lost, stolen, damaged (normal wear and (1) Accept the equipment and refund to individual who is not an officer or employee tear excepted), or otherwise unaccounted for, such individual the amount of reimburse- of the Senate (but who receives, or is respon- except that no such reimbursement shall be ment paid; sible for equipment received from the Sen- required for such equipment which (2) Accept the equipment and refund to ate), reimbursement due from such office (A) is stolen, if such office head promptly such individual an amount equal to the head or employee or individual pursuant to reported such equipment as stolen to the ap- amount of reimbursement paid less the de- these regulations, the Sergeant at Arms propriate law enforcement agency and crease in value of the equipment between the shall take all lawful action to obtain such promptly notified the Sergeant at Arms of time of its loss and its recovery; or reimbursement. that fact in writing; or (3) Refuse to accept return of the equip- (f) To the extent permitted by law, moneys (B) is damaged, if such office head reported ment and not refund any of the reimburse- so withheld or recovered as reimbursement such equipment as damaged, together with a ment. in connection with equipment lost, stolen, statement as to how such damage occurred, DETERMINATION OF VALUE damaged, or otherwise unaccounted for pur- to the Sergeant at Arms as soon as prac- Sec. 6. Whenever necessary for the deter- suant to these regulations, or by any other ticable after it had been determined dam- mination of an amount of reimbursement lawful means, shall be deposited in the aged, and, on the basis of such statement and under these regulations, the Sergeant at United States Treasury for credit to the ap- other information available to the Sergeant Arms shall determine the current value of propriation for ‘‘Miscellaneous Items’’ under at Arms, the Sergeant at Arms determines equipment which has been lost, stolen, or is the heading ‘‘Contingent Expenses of the that such office head exercised a standard of otherwise unaccounted for, and the current Senate.’’ care with respect to the equipment entrusted value, salvage value, and cost of repairs of (g) Nothing in these regulations shall be to him which a reasonably prudent and care- equipment which has been damaged. construed as precluding the Sergeant at ful person would be expected to exercise in Arms from utilizing any other lawful means the case of his or her own property of a like WITHHOLDING OF COMPENSATION OR OTHER or remedies available to him in connection description under like circumstances and PAYMENTS with the obtaining from any such office head that, in spite of such care, such equipment Sec. 7. (a) Promptly following receipt by or employee, or any such former office head, was so damaged. him of official notification or reliable public employee, or other individual any reimburse- (2) An employee to whom responsibility for information that an office head is resigning ment due the Senate for equipment lost, sto- equipment has been delegated in accordance or retiring from, or has left or is otherwise len, damaged, or otherwise unaccounted for with the provisions of Section 4 and any leaving, his or her office, the Secretary of under these regulations. other individual who is not an officer or an the Senate shall notify the Sergeant at Arms employee of the Senate but who receives or of that fact in writing. Upon receipt of such WAIVER AND PETITION is responsible for equipment received from notice, the Sergeant at Arms shall promptly Sec. 8. (a) Notwithstanding any other pro- the Senate shall be responsible for reimburs- ascertain whether such office head had an vision of these regulations, in any case in ing the Senate, through the Sergeant at unfilled financial obligation to the Senate in which the Sergeant at Arms determines that Arms, for any such equipment so assigned to connection with any equipment covered by the enforcement of the provisions of these such employee which is lost, stolen, dam- these regulations and shall promptly notify regulations relating to reimbursement would aged, or otherwise unaccounted for, except the Secretary of the Senate of his findings. create an undue hardship, or would not be in that no such reimbursement shall be re- In the case of an office head who has such an the public interest, the Sergeant at Arms is quired for such equipment which unfulfilled financial obligation, the Sec- authorized to waive, in whole or in part,

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13801 such reimbursement otherwise required ficial Senate resources by their office and to en- Charlotte Moreland is retiring from under these regulations. sure that the use is consistent with the require- my office after a distinguished career. (b) Any office head, employee, or other in- ments established by this policy as well as any You need look no further than the dividual who is aggrieved by any final action other applicable laws and regulations. Nothing plaques and awards she has received of the Sergeant at Arms under these regula- contained in the above policy shall prevent a tions involving the matter of reimbursement Senator, Committee Chairman, Officer of the from Veterans Service Organizations to may petition the Committee on Rules and Senate or administrative office head from adopt- know that she will be missed. You can Administration for a review of such action. ing a more restrictive de minimis use policy. hear praise in the telephone calls and On the basis of such petition, the Committee f the compliments in countless letters to is authorized to approve, disapprove, or mod- my office to know that she will be ify the action taken by the Sergeant at RETIREMENT OF CHARLOTTE missed. I am very proud that Charlotte Arms, and, in the case of any such dis- MORELAND Moreland has been on my staff for approval or modification, to direct the Ser- Mr. ROCKEFELLER. Mr. President, these many years, and I wish her all geant at Arms to take action in conformity today I want to honor an extraordinary therewith. the best. person and one of my most dedicated EQUIPMENT OBTAINED UNDER SECTION 506(A)(9) staff who is retiring from service in the f OF THE SUPPLEMENTAL APPROPRIATIONS ACT, United States Senate, Charlotte 1973 (2 U.S.C. 58(A)(9)) ADDITIONAL STATEMENTS Moreland. Sec. 9. The provisions of these regulations For 19 years, Charlotte has worked in shall apply to equipment purchased, leased, my DC office, joining my team during or otherwise acquired by a Senator with CHARLES E. KRUSE funds available under section 506(a)(9) of the my very first year in the Senate. And Supplemental Appropriations Act, 1973 (2 for all these years, Charlotte has al- ∑ Mr. BOND. Mr. President, it is my U.S.C. 58(a)(9)) and to equipment purchased ways been an advocate for West Vir- honor and great privilege to recognize by a committee or an officer of the Senate ginia. Starting in my personal office, my fellow Missourian and personal with appropriated funds. For purposes of Charlotte moved to the Veterans Com- friend, Mr. Charles E. Kruse, president these regulations, any equipment so acquired mittee when I became Chairman and of Missouri Farm Bureau. Mr. Kruse shall be treated as having been requested found herself developing a voice and has been recently awarded the Distin- from the Sergeant at Arms, and as having guished Eagle Scout Award, the high- been made available by him on the date on sense of duty for veterans in West Vir- which it is delivered and installed in the of- ginia and across our country. Over the est honor awarded to Eagle Scouts by fice of the Senator. years, she listened patiently as they the Great Rivers Council. Today I am proud to join with family and friends FORMS FOR THE DELEGATION AND TRANSFER OF expressed their concerns about a dis- ACCOUNTABILITY ability claim or health care. She took to recognize and honor Mr. Kruse on Sec. 10. In the case of equipment issued, re- note as they told their stories of brav- this occasion. assigned, or otherwise made available on or ery and sacrifice. She remembered the I have, over the course of my career, after the effective date of these regulations, details of their lives that made the dif- worked with Charlie Kruse on many oc- delegations and transfers of accountability ference in getting them the benefits casions and have come to know him as for equipment covered by these regulations they had earned. Charlotte then took a great friend and close ally on behalf shall be documented on forms, the content those stories to help craft legislation of agriculture. In 1983, as Governor, I and format of which are set forth below. to improve benefits for all veterans. appointed Charlie to serve on the Uni- [Applicable forms are supplied by the Ser- versity of Missouri Board of Curators. geant at Arms’ Equipment Division when She spoke eloquently on behalf of making equipment assignments or reassign- these veterans. As Charlotte often Since his appointment Charlie went on ments.] would tell those around her, VA is the to serve as director of the Missouri De- DE MINIMIS EXCEPTION FOR USE OF SENATE second largest department in the partment of Agriculture, as the sole EQUIPMENT United States, right behind the Depart- Missourian on President Bush’s Coun- Sec. 11. It is the normal and standing policy ment of Defense, and I have no doubt cil on Rural America, Brigadier Gen- of the Senate that official Senate resources may that many working for VA have heard eral of the National Guard, and as the only be used in connection with official busi- the voice of Charlotte Moreland. Her exclusive vice president of North ness. However, in recognition of the infrequent voice was gentle, but firm, when urging American Equipment Dealers Associa- need for authorized users of official Senate re- VA to take a second look at a claim or tion. sources or equipment to take care of occasional to check their records for something Since August of 1992, Charlie has so- personal matters during normal business hours, lidified his longtime friendship with pursuant to S. Res 238 (108th Congress, 1st Ses- they may have missed initially. But I sion), the de minimis use of official Senate re- have to tell you, this same voice would the Missouri farmer by serving as sources (i.e. computers, Internet services, cel- rise a few notches and not back down president of the Missouri Farm Bureau. lular telephones, copiers and facsimile machines to get attention for a veteran whom He is a fourth generation farmer; is on and other such similar devices) is hereby per- she felt was being treated unfairly on a the American Farm Bureau Federation mitted. claim, unable to get medical treat- Board of Directors; has served on nu- For purposes of this policy, ‘‘de minimis use’’ ment, or to ensure that a veteran got merous Presidential commissions mak- is defined as the incidental, unofficial use of proper recognition with a headstone to ing recommendations on farm, tax, Senate resources or equipment when such use is trade and environmental policies, and; significantly negligible in nature and frequency pay one last respect to their service. and at nominal expense to the government. When those times came, I often won- he is married to Pam—the lady whose Such use must also not create the appearance of dered how Charlotte maintained such a name is on the farm combine and who impropriety. The de minimis use of official re- friendly working relationship with harvests corn at home when Charlie is sources as described herein is considered to be in those at VA. She always smiled at me harvesting awards around the country. the interest of the Senate. The de minimis uses and said it was because they knew her Charlie has been a close friend and permitted herein are only acceptable when such heart was in the right place. advisor for as long as I have been in the uses are performed without measurable inter- For West Virginia veterans, she has Senate and longer than either of us ference to the performance of the official duties been a tireless advocate. Whenever care to admit. He has contributed im- of the authorized user and are in compliance with the Senate Code of Official Conduct. Charlotte saw a gap in services or an measurably to his community, State Nothing contained herein shall be construed unmet need, she worked to fill it. Our and country. He is the product of gen- to permit the use of Internet services or any State’s four VA Medical Centers re- erations of rural ancestors and is other official resources for partisan, political or ceived numerous visits from Charlotte, blessed to be deputy commander of his campaign purposes—such use is strictly prohib- and the facilities are better because of own terrific family. His tireless and en- ited under any circumstances. Nothing con- those visits. Over the years, West Vir- thusiastic contributions and his family tained herein shall be construed to permit the ginia has expanded the number of vet- inspire his love and inspiration. Charlie use of official Senate resources for any commer- eran centers and community-based out- is as good a friend as rural America cial activity or any income-generating purpose or for any other illegal activity. patient clinics so that veterans can could ever have. We congratulate him It is the responsibility of each Senator, Com- have quality services nearby. Charlotte for this important recognition and mittee Chairman, Officer of the Senate, or ad- has made a real difference in the lives thank him for his for your service to ministrative office head to oversee the use of of- of many veterans and their families. our country.∑

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13802 CONGRESSIONAL RECORD — SENATE November 3, 2003 2003 PROFESSORS OF THE YEAR including the James A. Huston Excel- S. 1806. A bill to prohibit civil liability ac- ∑ Mr. WARNER. Mr. President, I rise lence in Scholarship Award. Dr. Hale is tions from brought or continued against manufacturers, distributors, dealers, or im- today to congratulate two Virginians, committed to serving those less fortunate and has invested countless hours porters of firearms or ammunition for dam- Dr. Edward Ayers and Dr. Patty Hale, ages resulting from the misuse of their prod- on their recent selection as Professors in forging community relationships to ucts by others. help disadvantaged people in her area. of the Year. This award, given by the f Council for Advancement and Support She and her students have started proof Education, is a major accomplish- grams to provide health services to REPORTS OF COMMITTEES ment as only four national awards are residents at several area shelters, clin- The following reports of committees given out each year. Dr. Ayers was rec- ics, and neighborhood health centers, were submitted: most of which serve inner city low-in- ognized as Outstanding Doctoral and By Mr. INHOFE, from the Committee on Research College Professor of the Year, come populations. Environment and Public Works, with an and Dr. Hale was recognized as Out- I commend both Dr. Ayers and Dr. amendment in the nature of a substitute: standing Master’s University and Col- Hales for the excellence in education, S. 1279. A bill to amend the Robert T. Staf- lege Professor of the Year. and am pleased to recognize them as ford Disaster Relief and Emergency Assist- While I have not had the pleasure of recipients of Professors of the Year.∑ ance Act to authorize the President to carry out a program for the protection of the meeting with these individuals person- f ally, I have reviewed their qualifica- health and safety of residents, workers, vol- tions. These two individuals, who have MESSAGES FROM THE PRESIDENT unteers, and others in a disaster area (Rept. No. 108-183). dedicated large portions of their lives Messages from the President of the By Mr. McCAIN, from the Committee on to higher learning and to educating to- United States were communicated to Commerce, Science, and Transportation, morrow’s leaders, are imminently the Senate by Mr. Williams, one of his with amendments and an amendment to the qualified for these awards. How fortu- secretaries. title: nate we are in Virginia to have two f S. 1262. A bill to authorize appropriations such distinguished professors. for fiscal years 2004, 2005, and 2006 for certain Dr. Edward Ayers is a Professor of EXECUTIVE MESSAGES REFERRED maritime programs of the Department of History and Dean of Arts and Sciences As in executive session the Presiding Transportation, and for other purposes at the University of Virginia in Char- (Rept. No. 108-184). Officer laid before the Senate messages By Mr. GREGG, from the Committee on lottesville, VA. An expert in Southern from the President of the United Health, Education, Labor, and Pensions, history, Dr. Ayers has taught for over States submitting sundry nominations with an amendment in the nature of a sub- 20 years and has authored numerous which were referred to the appropriate stitute: books. In 2000, he was appointed to the committees. S. 1248. A bill to reauthorize the Individ- National Council for the Humanities by (The nominations received today are uals with Disabilities Education Act, and for President Clinton, and in 2002, he was printed at the end of the Senate pro- other purposes (Rept. No. 108-185). named to the Executive Board of the ceedings.) f National Council for History Edu- f INTRODUCTION OF BILLS AND cation. He has also been recognized for JOINT RESOLUTIONS excellence in teaching, having received MEASURES REFERRED ON 10/30/2003 the Arthur Stocker Award for Out- The following bill was read the first The following bills and joint resolu- standing Teaching from the ODK and second times by unanimous con- tions were introduced, read the first Honor Society at U.Va. and the Out- sent, and referred as indicated: and second times by unanimous consent, and referred as indicated: standing Faculty Award from the State H.R. 1720. An act to authorize the Sec- Council of Higher Education in Vir- retary of Veterans Affairs to carry out con- By Ms. CANTWELL: ginia. struction projects for the purpose of improv- S. 1812. A bill to amend the Home Owner’s In addition, Dr. Ayers has created an ing, renovating, establishing, and updating Loan Act to clarify the citizenship of Fed- innovative online program, the Valley patient care facilities at Department of Vet- eral savings associations for purposes of Fed- erans Affairs medical centers, to provide by eral court jurisdiction; to the Committee on of the South Project, which is a digital Banking, Housing, and Urban Affairs. archive that allows people from around law for the establishment and functions of the Office of Research Oversight in the Vet- By Mr. LEAHY (for himself, Mrs. FEIN- the world to explore the history of the erans Health Administration of the Depart- STEIN, Mr. DURBIN, and Mrs. CLIN- Civil War. Four million people have ment of Veterans Affairs, and for other pur- TON): visited the Valley of the South Project poses; to the Committee on Veterans Affairs. S. 1813. A bill to prohibit profiteering and to explore the issues surrounding the fraud relating to military action, relief, and The following bill was re-referred to reconstruction efforts in Iraq, and for other coming, fighting, and aftermath of the the following committee, by unani- Civil War. The Project has also won the purposes; to the Committee on the Judici- mous consent: ary. critical acclaim of Dr. Ayers’ peers, S. 139. A bill to provide for a program of By Mr. BOND: garnering the James Harvey Robinson scientific research on abrupt climate change, S. 1814. A bill to transfer federal lands be- Prize from the American Historical As- to accelerate the reduction of greenhouse gas tween the Secretary of Agriculture and the sociation and the E-Lincoln Prize for emissions in the United States by estab- Secretary of the Interior; to the Committee Best Digital Project. lishing a market-driven system of green- on Environment and Public Works. Dr. Patty Hale is a Professor of Nurs- house gas tradeable allowances that could be By Mr. COCHRAN (for himself, Mr. ing at Lynchburg College, in Lynch- used interchangably with passenger vehicle HARKIN, Mr. GRASSLEY, Mr. BAUCUS, burg, VA. At Lynchburg College, she fuel economy standard credits, to limited Mr. CONRAD, Mr. LUGAR, Mr. ROB- has won several teaching awards, in- greenhouse gas emissions in the United ERTS, Mr. COLEMAN, Mr. FITZGERALD, Mr. CHAMBLISS, and Mr. CRAPO): cluding the State Council of Higher States and reduce dependence upon foreign oil, and ensure benefits to consumers from S.J. Res. 22. A joint resolution recognizing Education Distinguished Faculty the trading in such allowances to the Com- the Agricultural Research Service of the De- Achievement Award. mittee on Environment and Public Works. partment of Agriculture for 50 years of out- One of Dr. Hale’s most successful standing service to the Nation through agri- f ventures has been her collaboration cultural research; considered and passed. with four of her students on writing MEASURES PLACED ON THE f two directories of their community’s CALENDAR health and social services. These book- SUBMISSION OF CONCURRENT AND The following bills were read the sec- SENATE RESOLUTIONS lets have been distributed free of ond time, and placed on the calendar: charge to area residents and health The following concurrent resolutions S. 1805. A bill to prohibit civil liability ac- professionals and have enhanced the tions from being brought or continued and Senate resolutions were read, and knowledge and patronage of area against manufacturers, distributors, dealers, referred (or acted upon), as indicated: health resources. or importers of firearms or ammunition for By Ms. LANDRIEU: Her work has earned Dr. Hale great damages resulting from the misuse of their S. Res. 257. A resolution expressing the respect and honors in her community, products by others. sense of the Senate that Congress should

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13803 give priority to passing legislation to pro- nity development, and for other pur- (Mr. BAUCUS) was added as a cosponsor vide tax relief for United States military poses. of S. 1645, a bill to provide for the ad- personnel and should offset the cost of such S. 976 justment of status of certain foreign tax relief with legislation preventing indi- At the request of Mr. WARNER, the agricultural workers, to amend the Im- viduals from avoiding taxes by renouncing United States citizenship; considered and names of the Senator from Colorado migration and Nationality Act to re- agreed to. (Mr. ALLARD), the Senator from Rhode form the H–2A worker program under Island (Mr. CHAFEE), the Senator from that Act, to provide a stable, legal ag- f Georgia (Mr. CHAMBLISS), the Senator ricultural workforce, to extend basic ADDITIONAL COSPONSORS from South Carolina (Mr. GRAHAM), legal protections and better working S. 50 and the Senator from Alabama (Mr. conditions to more workers, and for At the request of Mr. JOHNSON, the SESSIONS) were added as cosponsors of other purposes. name of the Senator from Vermont S. 976, a bill to provide for the issuance S. 1755 of a coin to commemorate the 400th an- (Mr. LEAHY) was added as a cosponsor At the request of Mr. LEAHY, the of S. 50, a bill to amend title 38, United niversary of the Jamestown settle- name of the Senator from Vermont ment. States Code, to provide for a guaran- (Mr. JEFFORDS) was added as a cospon- teed adequate level of funding for vet- S. 1172 sor of S. 1755, a bill to amend the Rich- erans health care, and for other pur- At the request of Mr. FRIST, the ard B. Russell National School Lunch poses. name of the Senator from South Da- Act to provide grants to support farm- kota (Mr. JOHNSON) was added as a co- to-cafeteria projects. S. 339 sponsor of S. 1172, a bill to establish S. 1765 At the request of Mr. BAUCUS, the grants to provide health services for name of the Senator from South Da- improved nutrition, increased physical At the request of Mr. LOTT, the kota (Mr. DASCHLE) was added as a co- activity, obesity prevention, and for names of the Senator from Colorado sponsor of S. 339, a bill to amend the other purposes. (Mr. ALLARD) and the Senator from Wyoming (Mr. THOMAS) were added as Internal Revenue Code of 1986 to sim- S. 1248 cosponsors of S. 1765, a bill to preserve plify the application of the excise tax At the request of Mr. GREGG, the imposed on bows and arrows. name of the Senator from Maryland and protect the free choice of individual employees to form, join, or as- S. 382 (Ms. MIKULSKI) was added as a cospon- sist labor organizations, or to refrain At the request of Mr. DORGAN, the sor of S. 1248, a bill to reauthorize the name of the Senator from Nevada (Mr. Individuals with Disabilities Education from such activities. ENSIGN) was added as a cosponsor of S. Act, and for other purposes. S. 1766 382, a bill to amend title XVIII of the S. 1339 At the request of Mr. LEAHY, the Social Security Act to provide for cov- At the request of Mr. BREAUX, the names of the Senator from Maine (Ms. erage of cardiovascular screening tests name of the Senator from Vermont COLLINS), the Senator from Rhode Is- under the medicare program. (Mr. JEFFORDS) was added as a cospon- land (Mr. CHAFEE) and the Senator EED S. 641 sor of S. 1339, a bill to amend title 5, from Rhode Island (Mr. R ) were added as cosponsors of S. 1766, a bill to At the request of Mrs. LINCOLN, the United States Code, to provide for ap- name of the Senator from Arkansas propriate overtime pay for National amend the Food Security Act of 1985 to prohibit the use of certain conserva- (Mr. PRYOR) was added as a cosponsor Weather Service employees who per- of S. 641, a bill to amend title 10, form essential services during severe tion funding to provide technical as- United States Code, to support the weather events. sistance under the conservation reserve Federal Excess Personal Property pro- S. 1353 program. gram of the Forest Service by making At the request of Mr. BROWNBACK, the S. 1780 it a priority of the Department of De- name of the Senator from New Jersey At the request of Mr. BIDEN, the fense to transfer to the Forest Service (Mr. LAUTENBERG) was added as a co- name of the Senator from Arizona (Mr. excess personal property of the Depart- sponsor of S. 1353, a bill to establish MCCAIN) was added as a cosponsor of S. ment of Defense that is suitable to be new special immigrant categories. 1780, a bill to amend the Controlled loaned to rural fire departments. S. 1380 Substances Act to clarify the defini- ASCHLE tion of anabolic steroids and to provide S. 736 At the request of Mr. D , his name was added as a cosponsor of S. for research and education activities At the request of Mr. ENSIGN, the 1380, a bill to distribute universal serv- relating to steroids and steroid precur- names of the Senator from Pennsyl- ice support equitably throughout rural sors. vania (Mr. SANTORUM), the Senator America, and for other purposes . S. RES. 107 from New York (Mrs. CLINTON), the S. 1414 Senator from Florida (Mr. NELSON), At the request of Mr. INOUYE, the and the Senator from Maine (Ms. At the request of Mr. HATCH, the name of the Senator from Georgia (Mr. name of the Senator from Missouri SNOWE) were added as cosponsors of S. CHAMBLISS) was added as a cosponsor of (Mr. TALENT) was added as a cosponsor 736, a bill to amend the Animal Welfare S. Res. 107, a resolution expressing the of S. 1414, a bill to restore second Act to strengthen enforcement of pro- sense of the Senate to designate the amendment rights in the District of visions relating to animal fighting, and month of November 2003 as ‘‘National Columbia. for other purposes. Military Family Month’’. S. 1595 S. 853 f At the request of Mr. KERRY, the At the request of Ms. SNOWE, the name of the Senator from Vermont STATEMENTS ON INTRODUCED name of the Senator from North Caro- (Mr. LEAHY) was added as a cosponsor BILLS AND JOINT RESOLUTIONS lina (Mr. EDWARDS) was added as a co- of S. 1595, a bill to amend the Internal By Mr. LEAHY (for himself, Mrs. sponsor of S. 853, a bill to amend title Revenue Code of 1986 to allow small FEINSTEIN, Mr. DURBIN, and XVIII of the Social Security Act to business employers a credit against in- Mrs. CLINTON): eliminate discriminatory copayment come tax with respect to employees S. 1813. A bill to prohibit profiteering rates for outpatient psychiatric serv- who participate in the military reserve and fraud relating to military action, ices under the medicare program. components and are called to active relief, and reconstruction efforts in S. 875 duty and with respect to replacement Iraq, and for other purposes; to the At the request of Mr. KERRY, the employees and to allow a comparable Committee on the Judiciary. name of the Senator from West Vir- credit for activated military reservists Mr. LEAHY. Mr. President, today I ginia (Mr. ROCKEFELLER) was added as who are self-employed individuals, and am introducing with Senators FEIN- a cosponsor of S. 875, a bill to amend for other purposes. STEIN, DURBIN, and CLINTON the ‘‘War the Internal Revenue Code of 1986 to S. 1645 Profiteering Prevention Act of 2003.’’ allow an income tax credit for the pro- At the request of Mr. CRAIG, the This bill creates criminal penalties for vision of homeownership and commu- name of the Senator from Montana war profiteers and cheats who would

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13804 CONGRESSIONAL RECORD — SENATE November 3, 2003 exploit the relief and reconstruction ef- that ‘‘a few do not gain from the sac- now it has become necessary for this forts in Iraq to make an extra buck. rifices of the many.’’ Then, as now, our transfer to be handled legislatively. My Sadly, these very same provisions are government cannot in good faith ask legislation will ensure that the Center missing from the final version of the its people to sacrifice for reconstruc- will continue to be a positive force that $87 billion spending bill for Iraq and Af- tion efforts that allow so many others shapes the lives of our youth. Our econ- ghanistan because House conferees re- to unfairly profit. omy and the kids who depend upon this fused to accept the amendment, offer- There is urgency to this important facility will remain the real winners ing no substitute and no willingness to measure because criminal statutes can- here. compromise. Republican and Demo- not be applied retroactively. These cratic Senate conferees consistently controls need to be in place now. We f supported the provision, which had can only hope that the Senate will con- been unanimously accepted during Sen- tinue to press and support its prompt SUBMITTED RESOLUTIONS ate Appropriations Committee markup passage through Congress. of the bill. There are, of course, fraud statutes By Mr. BOND: to protect against waste of tax dollars S. 1814. A bill to transfer lands be- SENATE RESOLUTION 257—EX- at home. But none expressly prohibit tween the Secretary of Agriculture and PRESSING THE SENSE OF THE war profiteering and none expressly the Secretary of the Interior; to the SENATE THAT CONGRESS confer extraterritorial jurisdiction Committee on Environment and Public SHOULD GIVE PRIORITY TO overseas. Technical jurisdictional ele- Works. PASSING LEGISLATION TO PRO- ments in existing laws also make their Mr. BOND. Mr. President, I rise VIDE TAX RELIEF FOR UNITED applicability in these unique cir- today to introduce legislation that will STATES MILITARY PERSONNEL cumstances more difficult. The Leahy- transfer the control of the Mingo Job AND SHOULD OFFSET THE COST Feinstein-Durbin-Clinton bill would Corps Center to the U.S. Department of OF SUCH TAX RELIEF WITH LEG- criminalize ‘‘war profiteering’’—over- Agriculture to be administered by the ISLATION PREVENTING INDIVID- charging taxpayers for any good or U.S. Forest Service. Since its incep- UALS FROM AVOIDING TAXES BY service with the specific intent to ex- tion, the Center has served at-risk RENOUNCING UNITED STATES cessively profit from the war or recon- youth by providing a facility where CITIZENSHIP struction efforts in Iraq. The bill also students can complete their secondary prohibits fraud and false statements in education and serve the local area Ms. LANDRIEU submitted the fol- any matter involving a contract or the through community service projects. lowing resolution; which was consid- provision of goods or services in Iraq. The Department of Labor has expressed ered and agreed to: These new crimes would be felonies, their plans to contract out operations S. RES. 257 subject to criminal penalties of up to 20 of the Mingo Center, which is currently Whereas Congress is responsible for pro- years in prison and fines of up to $1 administered by the Fish and Wildlife viding United States military personnel with million or twice the illegal gross prof- Service, an action that would greatly the equipment, supplies, and other resources its of the crime. These are strong and increase the chances for the permanent needed to preserve our freedom; focused sanctions that are narrowly closure of the facility. Whereas Congress is responsible for pro- tailored to criminalize and create The Mingo Job Corps Center has been viding United States military personnel with extremely successful in southern Mis- a comprehensive compensation package; tough criminal penalties for fraud or Whereas, since 2001, Congress has passed excessive profiteering in contracts, souri. For over 40 years, the Center has and the President has signed legislation pro- here and abroad, related to the war or been a place for students to complete viding for $1,750,000,000,000 in tax relief; reconstruction efforts in Iraq. their education, learn a trade, and Whereas the Senate has passed legislation Congress is about to send billions and serve the community. Through the providing for $1,100,000,000 in additional tax billions of dollars to a place where Center, students master trades from relief for United States military personnel there is no functioning government, auto repair to fire fighting, from car- and their families; under a plan with too little account- pentry to culinary arts, and from Whereas United States citizens benefit ability and too few financial controls. bricklaying to business. The closure of from economic opportunities which arise from the liberty protected by United States That’s a formula for mischief. We need the facility would mean 250 students military personnel; strong disincentives for those who would not be able to receive their High Whereas the United States loses approxi- would defraud taxpayers. It baffles me School Diploma, GED, or learn the mately $80,000,000 per year in tax revenue why House members would not want to skills necessary to earn gainful em- from individuals who renounce United States provide this protection to taxpayers. ployment. citizenship; Every penny of our taxpayers’ money For over 40 years the Center has Whereas the Senate has unanimously must be scrupulously spent and pro- made a substantial contribution to the passed legislation which prevents individuals tected from waste. The message sent community through service projects. from avoiding taxes by renouncing United States citizenship as an offset to the cost of by this bill speaks volumes; any act Mingo students have participated in providing tax relief for the 1,400,000 active taken to financially exploit the crisis national projects such as the recovery duty military personnel and the 1,200,000 situation in Iraq for exorbitant per- of the space shuttle Columbia and fight- members of the National Guard and Re- sonal gain is simply reprehensible. It ing western forest fires. However, the serves; and demeans and cheapens the sacrifices main impact of their activities are felt Whereas Congress has asked the Comp- that our military and civilian per- locally in southern Missouri. Each year troller General of the United States to con- sonnel are making in Iraq. the Mingo Job Corps completes over $1 duct a study on the total compensation In post-war times, where U.S. tax- million worth of community and con- package provided for United States military payers have been called upon to bear personnel in order to ensure that the unique servation projects. These projects in- needs of military personnel are addressed: the burden of reconstruction conclude construction of the Poplar Bluff Now, therefore, be it tracts—where contracts are awarded in Forest Service District Office, con- Resolved, That it is the sense of the Senate a system that offers little competition struction of many Puxico School build- that— and even less accountability—concerns ings, and the painting and repair of fur- (1) Congress should give priority to passing about wartime profiteering are of grave niture at various local schools. legislation to provide tax relief for— concern. Historical efforts to stem such The Mingo Job Corps Training Center (A) United States military personnel, in- profiteering have been successful: Con- is truly an invaluable asset to the cluding those serving in the National Guard gress implemented excessive-profits State of Missouri that must be pre- and Reserves; and taxes and contract renegotiation laws served. Last year, with the help of Con- (B) the employers of active duty members of the National Guard and Reserves; and after both World Wars, and again after gresswomen JO ANN EMERSON, I secured (2) the cost of such tax relief should be off- the Korean War. Advocating exactly a commitment from the USDA to have set by legislation which prevents individuals such an approach, President Roosevelt the Forest Service assume operation of from avoiding taxes by renouncing United once declared it our duty to ensure the Mingo Job Corps Center. However, States citizenship.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13805 AMENDMENTS SUBMITTED AND Sec. 110. Tax relief and assistance for fami- SEC. 102. TREATMENT OF DEATH GRATUITIES PROPOSED lies of Space Shuttle Columbia PAYABLE WITH RESPECT TO DE- heroes. CEASED MEMBERS OF THE ARMED SA 2051. Mr. MCCONNELL (for Mr. MCCAIN FORCES. (for himself, Mr. BAUCUS, and Mr. GRASS- TITLE II—REVENUE PROVISION (a) INCREASE IN AMOUNT OF DEATH GRA- LEY)) proposed an amendment to the bill TUITY.— H.R. 3365, an act to amend title 10, United Sec. 201. Extension of customs user fees. (1) IN GENERAL.—Section 1478(a) of title 10, States Code, and the Internal Revenue Code TITLE I—IMPROVING TAX EQUITY FOR United States Code, is amended by striking of 1986 to increase the death gratuity pay- MILITARY PERSONNEL ‘‘$6,000’’ and inserting ‘‘$12,000’’. able with respect to deceased members of the (2) EFFECTIVE DATE.—The amendment Armed Forces and to exclude such gratuity SEC. 101. EXCLUSION OF GAIN FROM SALE OF A made by this subsection shall take effect as from gross income, to provide additional tax PRINCIPAL RESIDENCE BY A MEM- of September 11, 2001, and shall apply with relief for members of the Armed Forces and BER OF THE UNIFORMED SERVICES respect to deaths occurring on or after that their families, and for other purposes. OR THE FOREIGN SERVICE. date. SA 2052. Mr. MCCONNELL (for Mr. MCCAIN) (a) IN GENERAL.—Subsection (d) of section (b) EXCLUSION FROM GROSS INCOME.— proposed an amendment to the bill H.R. 3365, 121 (relating to exclusion of gain from sale of (1) IN GENERAL.—Subsection (b)(3) of sec- supra. principal residence) is amended by redesig- tion 134 (relating to certain military benefits) is amended by adding at the end the fol- f nating paragraph (9) as paragraph (10) and by inserting after paragraph (8) the following lowing new subparagraph: TEXT OF AMENDMENTS new paragraph: ‘‘(C) EXCEPTION FOR DEATH GRATUITY AD- JUSTMENTS MADE BY LAW.—Subparagraph (A) SA 2051. Mr. MCCONNELL (for Mr. ‘‘(9) MEMBERS OF UNIFORMED SERVICES AND shall not apply to any adjustment to the MCCAIN (for himself, Mr. BAUCUS, and FOREIGN SERVICE.— ‘‘(A) IN GENERAL.—At the election of an in- amount of death gratuity payable under Mr. GRASSLEY)) proposed an amend- chapter 75 of title 10, United States Code, ment to the bill H.R. 3365, an act to dividual with respect to a property, the running of the 5-year period described in sub- which is pursuant to a provision of law en- amend title 10, United States Code, and sections (a) and (c)(1)(B) and paragraph (7) of acted after September 9, 1986.’’. the Internal Revenue Code of 1986 to in- this subsection with respect to such property (2) CONFORMING AMENDMENT.—Subpara- crease the death gratuity payable with shall be suspended during any period that graph (A) of section 134(b)(3) is amended by respect to deceased members of the such individual or such individual’s spouse is striking ‘‘subparagraph (B)’’ and inserting Armed Forces and to exclude such gra- serving on qualified official extended duty as ‘‘subparagraphs (B) and (C)’’. (3) EFFECTIVE DATE.—The amendments tuity from gross income, to provide ad- a member of the uniformed services or of the Foreign Service of the United States. made by this subsection shall apply with re- ditional tax relief for members of the spect to deaths occurring after September 10, Armed Forces and their families, and ‘‘(B) MAXIMUM PERIOD OF SUSPENSION.—The 5-year period described in subsection (a) 2001. for other purposes; as follows: shall not be extended more than 10 years by SEC. 103. EXCLUSION FOR AMOUNTS RECEIVED Strike all after the enacting clause and in- reason of subparagraph (A). UNDER DEPARTMENT OF DEFENSE HOMEOWNERS ASSISTANCE PRO- sert the following: ‘‘(C) QUALIFIED OFFICIAL EXTENDED DUTY.— GRAM. SECTION 1. SHORT TITLE, ETC. For purposes of this paragraph— (a) IN GENERAL.—Section 132(a) (relating to (a) SHORT TITLE.—This Act may be cited as ‘‘(i) IN GENERAL.—The term ‘qualified offi- the exclusion from gross income of certain the ‘‘Military Family Tax Relief Act of cial extended duty’ means any extended duty fringe benefits) is amended by striking ‘‘or’’ 2003’’. while serving at a duty station which is at at the end of paragraph (6), by striking the (b) AMENDMENT OF 1986 CODE.—Except as least 50 miles from such property or while re- period at the end of paragraph (7) and insert- otherwise expressly provided, whenever in siding under Government orders in Govern- ing ‘‘, or’’, and by adding at the end the fol- this Act an amendment or repeal is ex- ment quarters. lowing new paragraph: pressed in terms of an amendment to, or re- ‘‘(ii) UNIFORMED SERVICES.—The term ‘uni- ‘‘(8) qualified military base realignment peal of, a section or other provision, the ref- formed services’ has the meaning given such and closure fringe.’’. erence shall be considered to be made to a term by section 101(a)(5) of title 10, United (b) QUALIFIED MILITARY BASE REALIGNMENT section or other provision of the Internal States Code, as in effect on the date of the AND CLOSURE FRINGE.—Section 132 is amend- Revenue Code of 1986. enactment of this paragraph. ed by redesignating subsection (n) as sub- (c) TABLE OF CONTENTS.— ‘‘(iii) FOREIGN SERVICE OF THE UNITED section (o) and by inserting after subsection STATES.—The term ‘member of the Foreign (m) the following new subsection: Service of the United States’ has the mean- Sec. 1. Short title, etc. ‘‘(n) QUALIFIED MILITARY BASE REALIGN- ing given the term ‘member of the Service’ TITLE I—IMPROVING TAX EQUITY FOR MENT AND CLOSURE FRINGE.—For purposes of by paragraph (1), (2), (3), (4), or (5) of section MILITARY PERSONNEL this section— 103 of the Foreign Service Act of 1980, as in ‘‘(1) IN GENERAL.—The term ‘qualified mili- Sec. 101. Exclusion of gain from sale of a effect on the date of the enactment of this tary base realignment and closure fringe’ principal residence by a mem- paragraph. ber of the uniformed services or means 1 or more payments under the author- ‘‘(iv) EXTENDED DUTY.—The term ‘extended ity of section 1013 of the Demonstration Cit- the Foreign Service. duty’ means any period of active duty pursu- ies and Metropolitan Development Act of Sec. 102. Treatment of death gratuities pay- ant to a call or order to such duty for a pe- 1966 (42 U.S.C. 3374) (as in effect on the date able with respect to deceased riod in excess of 90 days or for an indefinite of the enactment of this subsection) to offset members of the Armed Forces. period. Sec. 103. Exclusion for amounts received the adverse effects on housing values as a re- ‘‘(D) SPECIAL RULES RELATING TO ELEC- under Department of Defense sult of a military base realignment or clo- TION.— homeowners assistance pro- sure. ‘‘(i) ELECTION LIMITED TO 1 PROPERTY AT A gram. ‘‘(2) LIMITATION.—With respect to any prop- TIME.—An election under subparagraph (A) Sec. 104. Expansion of combat zone filing erty, such term shall not include any pay- with respect to any property may not be rules to contingency oper- ment referred to in paragraph (1) to the ex- made if such an election is in effect with re- ations. tent that the sum of all of such payments respect to any other property. Sec. 105. Modification of membership related to such property exceeds the maximum ‘‘(ii) REVOCATION OF ELECTION.—An election quirement for exemption from amount described in clause (1) of subsection under subparagraph (A) may be revoked at tax for certain veterans’ orga- (c) of such section (as in effect on such any time.’’. nizations. date).’’. Sec. 106. Clarification of the treatment of (b) EFFECTIVE DATE; SPECIAL RULE.— (c) EFFECTIVE DATE.—The amendments certain dependent care assist- (1) EFFECTIVE DATE.—The amendments made by this section shall apply to payments ance programs. made by this section shall take effect as if made after the date of the enactment of this Sec. 107. Clarification relating to exception included in the amendments made by section Act. from additional tax on certain 312 of the Taxpayer Relief Act of 1997. SEC. 104. EXPANSION OF COMBAT ZONE FILING distributions from qualified tui- (2) WAIVER OF LIMITATIONS.—If refund or RULES TO CONTINGENCY OPER- tion programs, etc. on account credit of any overpayment of tax resulting ATIONS. of attendance at military acad- from the amendments made by this section (a) IN GENERAL.—Section 7508(a) (relating emy. is prevented at any time before the close of to time for performing certain acts post- Sec. 108. Suspension of tax-exempt status of the 1-year period beginning on the date of poned by reason of service in combat zone) is terrorist organizations. the enactment of this Act by the operation amended— Sec. 109. Above-the-line deduction for over- of any law or rule of law (including res judi- (1) by inserting ‘‘, or when deployed out- night travel expenses of Na- cata), such refund or credit may nevertheless side the United States away from the indi- tional Guard and Reserve mem- be made or allowed if claim therefor is filed vidual’s permanent duty station while par- bers. before the close of such period. ticipating in an operation designated by the

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13806 CONGRESSIONAL RECORD — SENATE November 3, 2003 Secretary of Defense as a contingency oper- ‘‘or’’ at the end of clause (iii), by redesig- tion described in paragraph (2) during the pe- ation (as defined in section 101(a)(13) of title nating clause (iv) as clause (v), and by in- riod described in paragraph (3). 10, United States Code) or which became serting after clause (iii) the following new ‘‘(5) DENIAL OF ADMINISTRATIVE OR JUDICIAL such a contingency operation by operation of clause: CHALLENGE OF SUSPENSION OR DENIAL OF DE- law’’ after ‘‘section 112’’, ‘‘(iv) made on account of the attendance of DUCTION.—Notwithstanding section 7428 or (2) by inserting in the first sentence ‘‘or at the designated beneficiary at the United any other provision of law, no organization any time during the period of such contin- States Military Academy, the United States or other person may challenge a suspension gency operation’’ after ‘‘for purposes of such Naval Academy, the United States Air Force under paragraph (1), a designation or identi- section’’, Academy, the United States Coast Guard fication described in paragraph (2), the pe- (3) by inserting ‘‘or operation’’ after ‘‘such Academy, or the United States Merchant riod of suspension described in paragraph (3), an area’’, and Marine Academy, to the extent that the or a denial of a deduction under paragraph (4) by inserting ‘‘or operation’’ after ‘‘such amount of the payment or distribution does (4) in any administrative or judicial pro- area’’. not exceed the costs of advanced education ceeding relating to the Federal tax liability (b) CONFORMING AMENDMENTS.— (as defined by section 2005(e)(3) of title 10, of such organization or other person. (1) Section 7508(d) is amended by inserting United States Code, as in effect on the date ‘‘(6) ERRONEOUS DESIGNATION.— ‘‘or contingency operation’’ after ‘‘area’’. of the enactment of this section) attrib- ‘‘(A) IN GENERAL.—If— (2) The heading for section 7508 is amended utable to such attendance, or’’. ‘‘(i) the tax exemption of any organization by inserting ‘‘OR CONTINGENCY OPER- (b) EFFECTIVE DATE.—The amendments described in paragraph (2) is suspended under ATION’’ after ‘‘COMBAT ZONE’’. made by this section shall apply to taxable paragraph (1), (3) The item relating to section 7508 in the years beginning after December 31, 2002. ‘‘(ii) each designation and identification table of sections for chapter 77 is amended by SEC. 108. SUSPENSION OF TAX-EXEMPT STATUS described in paragraph (2) which has been inserting ‘‘or contingency operation’’ after OF TERRORIST ORGANIZATIONS. made with respect to such organization is de- (a) IN GENERAL.—Section 501 (relating to ‘‘combat zone’’. termined to be erroneous pursuant to the exemption from tax on corporations, certain (c) EFFECTIVE DATE.—The amendments law or Executive order under which such des- trusts, etc.) is amended by redesignating made by this section shall apply to any pe- ignation or identification was made, and subsection (p) as subsection (q) and by in- riod for performing an act which has not ex- serting after subsection (o) the following new ‘‘(iii) the erroneous designations and iden- pired before the date of the enactment of subsection: tifications result in an overpayment of in- this Act. ‘‘(p) SUSPENSION OF TAX-EXEMPT STATUS OF come tax for any taxable year by such orga- SEC. 105. MODIFICATION OF MEMBERSHIP RE- TERRORIST ORGANIZATIONS.— nization, QUIREMENT FOR EXEMPTION FROM ‘‘(1) IN GENERAL.—The exemption from tax credit or refund (with interest) with respect TAX FOR CERTAIN VETERANS’ ORGA- under subsection (a) with respect to any or- to such overpayment shall be made. NIZATIONS. ganization described in paragraph (2), and ‘‘(B) WAIVER OF LIMITATIONS.—If the credit (a) IN GENERAL.—Subparagraph (B) of sec- the eligibility of any organization described or refund of any overpayment of tax de- tion 501(c)(19) (relating to list of exempt or- in paragraph (2) to apply for recognition of scribed in subparagraph (A)(iii) is prevented ganizations) is amended by striking ‘‘or wid- exemption under subsection (a), shall be sus- at any time by the operation of any law or owers’’ and inserting ‘‘, widowers, ancestors, pended during the period described in para- rule of law (including res judicata), such or lineal descendants’’. graph (3). credit or refund may nevertheless be allowed (b) EFFECTIVE DATE.—The amendments ‘‘(2) TERRORIST ORGANIZATIONS.—An organi- or made if the claim therefor is filed before made by this section shall apply to taxable zation is described in this paragraph if such the close of the 1-year period beginning on years beginning after the date of the enact- organization is designated or otherwise indi- the date of the last determination described ment of this Act. vidually identified— in subparagraph (A)(ii). SEC. 106. CLARIFICATION OF THE TREATMENT ‘‘(A) under section 212(a)(3)(B)(vi)(II) or 219 ‘‘(7) NOTICE OF SUSPENSIONS.—If the tax ex- OF CERTAIN DEPENDENT CARE AS- SISTANCE PROGRAMS. of the Immigration and Nationality Act as a emption of any organization is suspended terrorist organization or foreign terrorist or- under this subsection, the Internal Revenue (a) IN GENERAL.—Section 134(b) (defining ganization, Service shall update the listings of tax-ex- qualified military benefit) is amended by ‘‘(B) in or pursuant to an Executive order empt organizations and shall publish appro- adding at the end the following new para- which is related to terrorism and issued priate notice to taxpayers of such suspension graph: under the authority of the International and of the fact that contributions to such or- ‘‘(4) CLARIFICATION OF CERTAIN BENEFITS.— Emergency Economic Powers Act or section ganization are not deductible during the pe- For purposes of paragraph (1), such term in- 5 of the United Nations Participation Act of riod of such suspension.’’. cludes any dependent care assistance pro- 1945 for the purpose of imposing on such or- (b) EFFECTIVE DATE.—The amendments gram (as in effect on the date of the enact- ganization an economic or other sanction, or made by this section shall apply to designa- ment of this paragraph) for any individual ‘‘(C) in or pursuant to an Executive order tions made before, on, or after the date of described in paragraph (1)(A).’’. issued under the authority of any Federal the enactment of this Act. (b) CONFORMING AMENDMENTS.— law if— SEC. 109. ABOVE-THE-LINE DEDUCTION FOR (1) Section 134(b)(3)(A), as amended by sec- OVERNIGHT TRAVEL EXPENSES OF tion 102, is amended by inserting ‘‘and para- ‘‘(i) the organization is designated or otherwise individually identified in or pursuant NATIONAL GUARD AND RESERVE graph (4)’’ after ‘‘subparagraphs (B) and (C)’’. MEMBERS. to such Executive order as supporting or en- (2) Section 3121(a)(18) is amended by strik- (a) DEDUCTION ALLOWED.—Section 162 (re- gaging in terrorist activity (as defined in ing ‘‘or 129’’ and inserting ‘‘, 129, or lating to certain trade or business expenses) section 212(a)(3)(B) of the Immigration and 134(b)(4)’’. is amended by redesignating subsection (p) (3) Section 3306(b)(13) is amended by strik- Nationality Act) or supporting terrorism (as as subsection (q) and inserting after sub- ing ‘‘or 129’’ and inserting ‘‘, 129, or defined in section 140(d)(2) of the Foreign Re- section (o) the following new subsection: 134(b)(4)’’. lations Authorization Act, Fiscal Years 1988 ‘‘(p) TREATMENT OF EXPENSES OF MEMBERS (4) Section 3401(a)(18) is amended by strik- and 1989); and OF RESERVE COMPONENT OF ARMED FORCES OF ing ‘‘or 129’’ and inserting ‘‘, 129, or ‘‘(ii) such Executive order refers to this THE UNITED STATES.—For purposes of sub- 134(b)(4)’’. subsection. section (a)(2), in the case of an individual ‘‘(3) PERIOD OF SUSPENSION.—With respect (c) EFFECTIVE DATE.—The amendments who performs services as a member of a re- made by this section shall apply to taxable to any organization described in paragraph serve component of the Armed Forces of the years beginning after December 31, 2002. (2), the period of suspension— United States at any time during the taxable ‘‘(A) begins on the later of— (d) NO INFERENCE.—No inference may be year, such individual shall be deemed to be drawn from the amendments made by this ‘‘(i) the date of the first publication of a away from home in the pursuit of a trade or section with respect to the tax treatment of designation or identification described in business for any period during which such in- any amounts under the program described in paragraph (2) with respect to such organiza- dividual is away from home in connection section 134(b)(4) of the Internal Revenue tion, or with such service.’’. Code of 1986 (as added by this section) for ‘‘(ii) the date of the enactment of this sub- (b) DEDUCTION ALLOWED WHETHER OR NOT any taxable year beginning before January 1, section, and TAXPAYER ELECTS TO ITEMIZE.—Section 2003. ‘‘(B) ends on the first date that all designa- 62(a)(2) (relating to certain trade and busi- tions and identifications described in para- ness deductions of employees) is amended by SEC. 107. CLARIFICATION RELATING TO EXCEP- graph (2) with respect to such organization adding at the end the following new subpara- TION FROM ADDITIONAL TAX ON CERTAIN DISTRIBUTIONS FROM are rescinded pursuant to the law or Execu- graph: QUALIFIED TUITION PROGRAMS, tive order under which such designation or ‘‘(E) CERTAIN EXPENSES OF MEMBERS OF RE- ETC. ON ACCOUNT OF ATTENDANCE identification was made. SERVE COMPONENTS OF THE ARMED FORCES OF AT MILITARY ACADEMY. ‘‘(4) DENIAL OF DEDUCTION.—No deduction THE UNITED STATES.—The deductions allowed (a) IN GENERAL.—Subparagraph (B) of sec- shall be allowed under any provision of this by section 162 which consist of expenses, de- tion 530(d)(4) (relating to exceptions from ad- title, including sections 170, 545(b)(2), termined at a rate not in excess of the rates ditional tax for distributions not used for 556(b)(2), 642(c), 2055, 2106(a)(2), and 2522, with for travel expenses (including per diem in educational purposes) is amended by striking respect to any contribution to an organiza- lieu of subsistence) authorized for employees

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13807 of agencies under subchapter I of chapter 57 U.S.C. 58c(j)(3)) is amended by striking TITLE I—EXPORT AND INVESTMENT of title 5, United States Code, paid or in- ‘‘March 31, 2004’’ and inserting ‘‘March 1, ASSISTANCE curred by the taxpayer in connection with 2005’’. EXPORT-IMPORT BANK OF THE UNITED STATES the performance of services by such taxpayer INSPECTOR GENERAL OF THE EXPORT-IMPORT as a member of a reserve component of the SA 2052. Mr. MCCONNELL (for Mr. BANK Armed Forces of the United States for any MCCAIN) proposed an amendment to For necessary expenses of the Office of In- period during which such individual is more the bill H.R. 3365, an act to amend title spector General of the Export-Import Bank of than 100 miles away from home in connec- 10, United States Code, and the Inter- the United States in carrying out the provisions tion with such services.’’. nal Revenue Code of 1986 to increase of the Inspector General Act of 1978, as amend- (c) EFFECTIVE DATE.—The amendments ed, $1,000,000. made by this section shall apply to amounts the death gratuity payable with repaid or incurred in taxable years beginning spect to decreased members of the EXPORT-IMPORT BANK LOANS PROGRAM ACCOUNT after December 31, 2002. Armed Forces and to exclude such gra- The Export-Import Bank of the United States is authorized to make such expenditures within SEC. 110. TAX RELIEF AND ASSISTANCE FOR FAM- tuity from gross income, to provide ad- ILIES OF SPACE SHUTTLE COLUM- the limits of funds and borrowing authority ditional tax relief for members of the available to such corporation, and in accord- BIA HEROES. Armed Forces and their families, and (a) INCOME TAX RELIEF.— ance with law, and to make such contracts and for other purposes; as follows: (1) IN GENERAL.—Subsection (d) of section commitments without regard to fiscal year limi- 692 (relating to income taxes of members of Amend the title so as to read: ‘‘An Act to tations, as provided by section 104 of the Gov- Armed Forces and victims of certain ter- amend title 10, United States Code, and the ernment Corporation Control Act, as may be rorist attacks on death) is amended by add- Internal Revenue Code of 1986 to increase the necessary in carrying out the program for the ing at the end the following new paragraph: death gratuity payable with respect to de- current fiscal year for such corporation: Pro- ‘‘(5) RELIEF WITH RESPECT TO ASTRO- ceased members of the Armed Forces and to vided, That none of the funds available during NAUTS.—The provisions of this subsection exclude such gratuity from gross income, to the current fiscal year may be used to make ex- shall apply to any astronaut whose death oc- provide additional tax relief for members of penditures, contracts, or commitments for the curs in the line of duty, except that para- the Armed Forces and their families, and for export of nuclear equipment, fuel, or technology graph (3)(B) shall be applied by using the other purposes.’’. to any country, other than a nuclear-weapon date of the death of the astronaut rather state as defined in Article IX of the Treaty on than September 11, 2001.’’. f the Non-Proliferation of Nuclear Weapons eligi- (2) CONFORMING AMENDMENTS.— ble to receive economic or military assistance (A) Section 5(b)(1) is amended by inserting AUTHORITY FOR COMMITTEES TO under this Act, that has detonated a nuclear ex- ‘‘, astronauts,’’ after ‘‘Forces’’. MEET plosive after the date of the enactment of this (B) Section 6013(f)(2)(B) is amended by in- Act: Provided further, That notwithstanding serting ‘‘, astronauts,’’ after ‘‘Forces’’. SUBCOMMITTEE ON FINANCIAL MANAGEMENT, section 1(c) of Public Law 103–428, as amended, THE BUDGET AND INTERNATIONAL SECURITY (3) CLERICAL AMENDMENTS.— sections 1(a) and (b) of Public Law 103–428 shall (A) The heading of section 692 is amended Mr. BURNS. Mr. President, I ask remain in effect through October 1, 2004. by inserting ‘‘, ASTRONAUTS,’’ after unanimous consent that the Com- ADMINISTRATIVE EXPENSES ‘‘FORCES’’. mittee on Governmental Affairs Sub- For administrative expenses to carry out the (B) The item relating to section 692 in the committee on Financial Management, direct and guaranteed loan and insurance pro- table of sections for part II of subchapter J the Budget, and International Security grams, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, of chapter 1 is amended by inserting ‘‘, astro- be authorized to meet on Monday, No- nauts,’’ after ‘‘Forces’’. and not to exceed $30,000 for official reception (4) EFFECTIVE DATE.—The amendments vember 3, at 10:30 a.m. for a hearing ti- and representation expenses for members of the made by this subsection shall apply with re- tled, ‘‘Mutual Funds: Trading Practices Board of Directors, $74,395,000: Provided, That spect to any astronaut whose death occurs and Abuses that Harm Investors.’’ the Export-Import Bank may accept, and use, after December 31, 2002. The PRESIDING OFFICER. Without payment or services provided by transaction (b) DEATH BENEFIT RELIEF.— objection, it is so ordered. participants for legal, financial, or technical (1) IN GENERAL.—Subsection (i) of section services in connection with any transaction for 101 (relating to certain death benefits) is f which an application for a loan, guarantee or amended by adding at the end the following insurance commitment has been made: Provided new paragraph: PRIVILEGES OF THE FLOOR further, That, notwithstanding subsection (b) of ‘‘(4) RELIEF WITH RESPECT TO ASTRO- section 117 of the Export Enhancement Act of NAUTS.—The provisions of this subsection Mr. HARKIN. Mr. President, I ask 1992, subsection (a) thereof shall remain in ef- shall apply to any astronaut whose death oc- unanimous consent that Dennis O’Con- fect until October 1, 2004. curs in the line of duty.’’. nor of my staff be granted floor privi- OVERSEAS PRIVATE INVESTMENT CORPORATION (2) CLERICAL AMENDMENT.—The heading for leges for the duration of today’s ses- NONCREDIT ACCOUNT subsection (i) of section 101 is amended by in- sion. The Overseas Private Investment Corporation serting ‘‘OR ASTRONAUTS’’ after ‘‘VICTIMS’’. The PRESIDING OFFICER. Without is authorized to make, without regard to fiscal (3) EFFECTIVE DATE.—The amendments year limitations, as provided by 31 U.S.C. 9104, made by this subsection shall apply to objection, it is so ordered. Mr. REED. Mr. President, I ask unan- such expenditures and commitments within the amounts paid after December 31, 2002, with limits of funds available to it and in accordance respect to deaths occurring after such date. imous consent that Thomas Heibert, a with law as may be necessary: Provided, That (c) ESTATE TAX RELIEF.— fellow in my office, be granted the the amount available for administrative ex- (1) IN GENERAL.—Section 2201(b) (defining privileges of the floor for this debate. penses to carry out the credit and insurance qualified decedent) is amended by striking The PRESIDING OFFICER. Without programs (including an amount for official re- ‘‘and’’ at the end of paragraph (1)(B), by objection, it is so ordered. ception and representation expenses which shall striking the period at the end of paragraph not exceed $35,000) shall not exceed $41,385,000: (2) and inserting ‘‘, and’’, and by adding at f Provided further, That project-specific trans- the end the following new paragraph: FOREIGN OPERATIONS, EXPORT FINANC- action costs, including direct and indirect costs ‘‘(3) any astronaut whose death occurs in incurred in claims settlements, and other direct the line of duty.’’. ING, AND RELATED AGENCIES APPRO- PRIATIONS ACT, 2004 costs associated with services provided to spe- (2) CLERICAL AMENDMENTS.— On Thursday, October 30, 2003, the cific investors or potential investors pursuant to (A) The heading of section 2201 is amended section 234 of the Foreign Assistance Act of 1961, by inserting ‘‘, DEATHS OF ASTRONAUTS,’’ Senate passed H.R. 2800, as follows: shall not be considered administrative expenses after ‘‘FORCES’’. H.R. 2800 for the purposes of this heading. (B) The item relating to section 2201 in the Resolved, That the bill from the House of PROGRAM ACCOUNT table of sections for subchapter C of chapter Representatives (H.R. 2800) entitled ‘‘An Act For the cost of direct and guaranteed loans, 11 is amended by inserting ‘‘, deaths of astro- making appropriations for foreign oper- $24,000,000, as authorized by section 234 of the nauts,’’ after ‘‘Forces’’. ations, export financing, and related pro- Foreign Assistance Act of 1961, to be derived by (3) EFFECTIVE DATE.—The amendments grams for the fiscal year ending September transfer from the Overseas Private Investment made by this subsection shall apply to es- 30, 2004, and for other purposes.’’, do pass Corporation Non-Credit Account: Provided, tates of decedents dying after December 31, with the following amendment: Strike out That such costs, including the cost of modifying 2002. all after the enacting clause and insert: such loans, shall be as defined in section 502 of TITLE II—REVENUE PROVISION That the following sums are appropriated, out the Congressional Budget Act of 1974: Provided SEC. 201. EXTENSION OF CUSTOMS USER FEES. of any money in the Treasury not otherwise ap- further, That such sums shall be available for Section 13031(j)(3) of the Consolidated Om- propriated, for the fiscal year ending September direct loan obligations and loan guaranty com- nibus Budget Reconciliation Act of 1985 (19 30, 2004, and for other purposes, namely: mitments incurred or made during fiscal years

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13808 CONGRESSIONAL RECORD — SENATE November 3, 2003 2004 and 2005: Provided further, That such sums but funds made available for such costs may not 104 of the Foreign Assistance Act of 1961: Pro- shall remain available through fiscal year 2012 be derived from amounts made available for con- vided further, That to the maximum extent fea- for the disbursement of direct and guaranteed tribution under this and the preceding proviso: sible, taking into consideration cost, timely loans obligated in fiscal year 2004, and through Provided further, That none of the funds made availability, and best health practices, funds fiscal year 2013 for the disbursement of direct available in this Act nor any unobligated bal- appropriated in this Act or prior appropriations and guaranteed loans obligated in fiscal year ances from prior appropriations may be made Acts that are made available for condom pro- 2005. available to any organization or program which, curement shall be made available only for the In addition, such sums as may be necessary as determined by the President of the United procurement of condoms manufactured in the for administrative expenses to carry out the States, supports or participates in the manage- United States: Provided further, That informa- credit program may be derived from amounts ment of a program of coercive abortion or invol- tion provided about the use of condoms as part available for administrative expenses to carry untary sterilization: Provided further, That of projects or activities that are funded from out the credit and insurance programs in the none of the funds made available under this Act amounts appropriated by this Act shall be medi- Overseas Private Investment Corporation Non- may be used to pay for the performance of abor- cally accurate and shall include the public credit Account and merged with said account. tion as a method of family planning or to moti- health benefits and failure rates of such use. FUNDS APPROPRIATED TO THE PRESIDENT vate or coerce any person to practice abortions: DEVELOPMENT ASSISTANCE Provided further, That none of the funds made TRADE AND DEVELOPMENT AGENCY For necessary expenses to carry out the provi- available under this Act may be used to lobby For necessary expenses to carry out the provisions of sections 103, 105, 106, and 131, and for or against abortion: Provided further, That sions of section 661 of the Foreign Assistance chapter 10 of part I of the Foreign Assistance in order to reduce reliance on abortion in devel- Act of 1961, $50,000,000, to remain available until Act of 1961, $1,423,000,000, to remain available oping nations, funds shall be available only to until September 30, 2005: Provided, That none of September 30, 2005. voluntary family planning projects which offer, the funds appropriated under title II of this Act TITLE II—BILATERAL ECONOMIC either directly or through referral to, or infor- that are managed by or allocated to the United ASSISTANCE mation about access to, a broad range of family States Agency for International Development’s FUNDS APPROPRIATED TO THE PRESIDENT planning methods and services, and that any Global Development Secretariat, may be made For expenses necessary to enable the Presi- such voluntary family planning project shall available except through the regular notifica- dent to carry out the provisions of the Foreign meet the following requirements: (1) service pro- tion procedures of the Committees on Appropria- Assistance Act of 1961, and for other purposes, viders or referral agents in the project shall not tions: Provided further, That $220,000,000 should to remain available until September 30, 2004, un- implement or be subject to quotas, or other nu- be allocated for basic education: Provided fur- less otherwise specified herein, as follows: merical targets, of total number of births, num- ther, That none of the funds appropriated UNITED STATES AGENCY FOR INTERNATIONAL ber of family planning acceptors, or acceptors of under this heading may be made available for DEVELOPMENT a particular method of family planning (this any activity which is in contravention to the provision shall not be construed to include the CHILD SURVIVAL AND HEALTH PROGRAMS FUND Convention on International Trade in Endan- use of quantitative estimates or indicators for gered Species of Flora and Fauna: Provided fur- (INCLUDING TRANSFER OF FUNDS) budgeting and planning purposes); (2) the ther, That of the funds appropriated under this For necessary expenses to carry out the provi- project shall not include payment of incentives, heading that are made available for assistance sions of chapters 1 and 10 of part I of the For- bribes, gratuities, or financial reward to: (A) an programs for displaced and orphaned children eign Assistance Act of 1961, for child survival, individual in exchange for becoming a family and victims of war, not to exceed $32,500, in ad- health, and family planning/reproductive health planning acceptor; or (B) program personnel for dition to funds otherwise available for such pur- activities, in addition to funds otherwise avail- achieving a numerical target or quota of total poses, may be used to monitor and provide over- able for such purposes, $1,435,500,000, to remain number of births, number of family planning ac- sight of such programs: Provided further, That available until September 30, 2005: Provided, ceptors, or acceptors of a particular method of of the aggregate amount of the funds appro- That this amount shall be made available for family planning; (3) the project shall not deny priated by this Act that are made available for such activities as: (1) immunization programs; any right or benefit, including the right of ac- agriculture and rural development programs, (2) oral rehydration programs; (3) health, nutri- cess to participate in any program of general $40,000,000 should be made available for plant tion, water and sanitation programs which di- welfare or the right of access to health care, as biotechnology research and development: Pro- rectly address the needs of mothers and chil- a consequence of any individual’s decision not vided further, That not less than $2,300,000 dren, and related education programs; (4) assist- to accept family planning services; (4) the should be made available for core support for ance for displaced and orphaned children; (5) project shall provide family planning acceptors the International Fertilizer Development Center: programs for the prevention, treatment, and comprehensible information on the health bene- Provided further, That of the funds appro- control of, and research on, HIV/AIDS, tuber- fits and risks of the method chosen, including priated under this heading, not less than culosis, malaria, polio and other infectious dis- those conditions that might render the use of $1,000,000 shall be made available for support of eases; and (6) family planning/reproductive the method inadvisable and those adverse side the United States Telecommunications Training health: Provided further, That none of the effects known to be consequent to the use of the Institute: Provided further, That of the funds funds appropriated under this heading may be method; and (5) the project shall ensure that ex- appropriated under this heading, not less than made available for nonproject assistance, except perimental contraceptive drugs and devices and $20,000,000 should be made available for the that funds may be made available for such as- medical procedures are provided only in the American Schools and Hospitals Abroad pro- sistance for ongoing health activities: Provided context of a scientific study in which partici- gram: Provided further, That of the funds ap- further, That of the funds appropriated under pants are advised of potential risks and benefits; propriated under this heading, up to $3,000,000 this heading, not to exceed $150,000, in addition and, not less than 60 days after the date on should be made available for support of the to funds otherwise available for such purposes, which the Administrator of the United States International Real Property Foundation: Pro- may be used to monitor and provide oversight of Agency for International Development deter- vided further, That of the funds appropriated child survival, maternal and family planning/re- mines that there has been a violation of the re- by this Act, $100,000,000 shall be made available productive health, and infectious disease pro- quirements contained in paragraph (1), (2), (3), for drinking water supply projects and related grams: Provided further, That the following or (5) of this proviso, or a pattern or practice of activities. amounts should be allocated as follows: violations of the requirements contained in INTERNATIONAL DISASTER ASSISTANCE $345,000,000 for child survival and maternal paragraph (4) of this proviso, the Administrator For necessary expenses for international dis- health; $30,000,000 for vulnerable children; shall submit to the Committees on Appropria- aster relief, rehabilitation, and reconstruction $500,000,000 for HIV/AIDS including not less tions a report containing a description of such assistance pursuant to section 491 of the Foreign than $22,000,000 which should be made available violation and the corrective action taken by the Assistance Act of 1961, as amended, $235,500,000, to support the development of microbicides as a Agency: Provided further, That in awarding to remain available until expended. means for combating HIV/AIDS; $185,000,000 for grants for natural family planning under sec- FAMINE FUND other infectious diseases; and $375,500,000 for tion 104 of the Foreign Assistance Act of 1961 no For necessary expenses for famine prevention family planning/reproductive health, including applicant shall be discriminated against because and relief, including for mitigation of the effects in areas where population growth threatens bio- of such applicant’s religious or conscientious of famine, pursuant to section 491 of the Foreign diversity or endangered species: Provided fur- commitment to offer only natural family plan- Assistance Act of 1961, as amended, $100,000,000, ther, That of the funds appropriated under this ning; and, additionally, all such applicants to remain available until expended: Provided, heading that are available for HIV/AIDS pro- shall comply with the requirements of the pre- That funds appropriated under this heading grams and activities, $18,000,000 should be made vious proviso: Provided further, That for pur- shall be available for obligation subject to prior available for the International AIDS Vaccine poses of this or any other Act authorizing or ap- consultation with the Committees on Appropria- Initiative: Provided further, That of the funds propriating funds for foreign operations, export tions. appropriated under this heading, $60,000,000 financing, and related programs, the term ‘‘mo- TRANSITION INITIATIVES should be made available for a United States tivate’’, as it relates to family planning assist- For necessary expenses for international dis- contribution to The Vaccine Fund, and up to ance, shall not be construed to prohibit the pro- aster rehabilitation and reconstruction assist- $6,000,000 may be transferred to and merged vision, consistent with local law, of information ance pursuant to section 491 of the Foreign As- with funds appropriated by this Act under the or counseling about all pregnancy options: Pro- sistance Act of 1961, $55,000,000, to remain avail- heading ‘‘Operating Expenses of the United vided further, That nothing in this paragraph able until expended, to support transition to de- States Agency for International Development’’ shall be construed to alter any existing statu- mocracy and to long-term development of coun- for costs directly related to international health, tory prohibitions against abortion under section tries in crisis: Provided, That such support may

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13809 include assistance to develop, strengthen, or and related capital investments, pursuant to further legal reforms in the West Bank and preserve democratic institutions and processes, section 667, $100,000,000, to remain available Gaza, including judicial training on commercial revitalize basic infrastructure, and foster the until expended: Provided, That this amount is disputes and ethics: Provided further, That of peaceful resolution of conflict: Provided further, in addition to funds otherwise available for the funds appropriated under this heading that That the United States Agency for International such purposes: Provided further, That the Ad- are made available for assistance for Pakistan, Development shall submit a report to the Com- ministrator of the United States Agency for not less than $10,000,000 should be made avail- mittees on Appropriations at least 5 days prior International Development shall assess fair and able to support programs and activities con- to beginning a new program of assistance: Pro- reasonable rental payments for the use of space ducted by indigenous organizations that seek to vided further, That if the President determines by employees of other United States Government further educational, health, employment, and that is important to the national interests of the agencies in buildings constructed using funds other opportunities for the people of Pakistan: United States to provide transition assistance in appropriated under this heading, and such rent- Provided further, That of the funds made avail- excess of the amount appropriated under this al payments shall be deposited into this account able for indigenous organizations pursuant to heading, up to $5,000,000 of the funds appro- as an offsetting collection: Provided further, the previous proviso, $4,000,000 should be made That the rental payments collected pursuant to priated by this Act to carry out the provisions of available for the Pakistan Human Development the previous proviso and deposited as an offset- part I of the Foreign Assistance Act of 1961 may Fund and $1,000,000 for the Amanut Society: ting collection shall be available for obligation be used for purposes of this heading and under Provided further, That $15,000,000 of the funds only pursuant to the regular notification proce- the authorities applicable to funds appropriated appropriated under this heading shall be made dures of the Committees on Appropriations: Pro- under this heading: Provided further, That available for Cyprus to be used only for scholar- vided further, That the assignment of United funds made available pursuant to the previous ships, administrative support of the scholarship States Government employees or contractors to proviso shall be made available subject to prior program, bicommunal projects, and measures consultation with the Committees on Appropria- space in buildings constructed using funds ap- aimed at reunification of the island and de- tions. propriated under this heading shall be subject to signed to reduce tensions and promote peace DEVELOPMENT CREDIT AUTHORITY the concurrence of the Administrator of the United States Agency for International Develop- and cooperation between the two communities (INCLUDING TRANSFER OF FUNDS) ment: Provided further, That funds appro- on Cyprus: Provided further, That $35,000,000 of For the cost of direct loans and loan guaran- priated under this heading shall be available for the funds appropriated under this heading shall tees, as authorized by sections 108 and 635 of the obligation only pursuant to the regular notifica- be made available for assistance for Lebanon, of Foreign Assistance Act of 1961, up to $21,000,000, tion procedures of the Committees on Appropria- which not less than $4,000,000 shall be made to remain available until September 30, 2005, tions. available only for American educational institu- and to be derived by transfer from funds appro- OPERATING EXPENSES OF THE UNITED STATES tions for scholarships and other programs: Pro- priated by this Act to carry out part I of such AGENCY FOR INTERNATIONAL DEVELOPMENT OF- vided further, That notwithstanding section Act and under the heading ‘‘Assistance for FICE OF INSPECTOR GENERAL 634(a) of this Act, funds appropriated under this Eastern Europe and the Baltic States’’: Pro- For necessary expenses to carry out the provi- heading that are made available for assistance vided, That such costs, including the cost of sions of section 667 of the Foreign Assistance for the Central Government of Lebanon shall be modifying such direct and guaranteed loans, Act of 1961, $35,000,000, to remain available until subject to the regular notification procedures of shall be as defined in section 502 of the Congres- September 30, 2005, which sum shall be available the Committees on Appropriations: Provided sional Budget Act of 1974, as amended: Provided for the Office of the Inspector General of the further, That the Government of Lebanon further, That funds made available by this United States Agency for International Develop- should enforce the custody and international paragraph and under this heading in prior Acts ment. pickup orders, issued during calendar year 2001, making appropriations for foreign operations, of Lebanon’s civil courts regarding abducted OTHER BILATERAL ECONOMIC ASSISTANCE export financing, and related programs, may be American children in Lebanon: Provided fur- ECONOMIC SUPPORT FUND used for the cost of modifying any such guaran- ther, That of the funds appropriated under this For necessary expenses to carry out the provi- teed loans under this Act or prior Acts. heading, not less than $10,000,000 shall be made sions of chapter 4 of part II, $2,415,000,000, to re- In addition, for administrative expenses to available for programs and activities in rural main available until September 30, 2005: Pro- carry out credit programs administered by the Mexico to promote microcredit lending, small vided, That of the funds appropriated under United States Agency for International Develop- business and entrepreneurial development, and this heading, not less than $480,000,000 shall be ment, $8,000,000, to remain available until Sep- private property ownership in rural commu- available only for Israel, which sum shall be tember 30, 2004, which may be transferred to and nities, and to support small farmers who have available on a grant basis as a cash transfer merged with the appropriation for Operating been affected by adverse economic conditions: and shall be disbursed within 30 days of the en- Expenses of the United States Agency for Inter- Provided further, That funds made available actment of this Act: Provided further, That not national Development. pursuant to the previous proviso may be made less than $575,000,000 shall be available only for PAYMENT TO THE FOREIGN SERVICE RETIREMENT available only if the case involving three Ameri- AND DISABILITY FUND Egypt, which sum shall be provided on a grant basis, and of which sum cash transfer assistance cans arrested in Oaxaca, Mexico on October 6, For payment to the ‘‘Foreign Service Retire- shall be provided with the understanding that 2003, in connection with a private property dis- ment and Disability Fund’’, as authorized by Egypt will undertake significant economic re- pute is resolved satisfactorily, and such funds the Foreign Service Act of 1980, $43,859,000. forms which are additional to those which were shall be subject to the regular notification pro- OPERATING EXPENSES OF THE UNITED STATES undertaken in previous fiscal years, and of cedures of the Committees on Appropriations: AGENCY FOR INTERNATIONAL DEVELOPMENT which not less than $200,000,000 shall be pro- Provided further, That of the funds appro- For necessary expenses to carry out the provi- vided as Commodity Import Program assistance: priated under this heading, not less than sions of section 667, $604,100,000, of which up to Provided further, That of the funds made avail- $25,000,000 shall be made available for assistance $25,000,000 may remain available until Sep- able pursuant to the previous proviso, $2,000,000 for the Democratic Republic of Timor-Leste to tember 30, 2005: Provided, That none of the shall be made available for the Ibn Khaldun support subsistence agriculture and other in- funds appropriated under this heading and Center for Development: Provided further, That come generating opportunities, expand basic under the heading ‘‘Capital Investment Fund’’ the Government of Egypt should promptly pro- education and vocational training, strengthen may be made available to finance the construc- vide the United States Embassy in Cairo with the judiciary, promote good governance and the tion (including architect and engineering serv- assurances that it will honor contracts entered sustainable use of natural resources, and im- ices), purchase, or long term lease of offices for into with United States companies in a timely prove health care and other basic human serv- use by the United States Agency for Inter- manner: Provided further, That in exercising ices and physical infrastructure, of which up to national Development, unless the Administrator the authority to provide cash transfer assistance $1,000,000 may be available for administrative has identified such proposed construction (infor Israel, the President shall ensure that the expenses of the United States Agency for Inter- cluding architect and engineering services), pur- level of such assistance does not cause an ad- national Development: Provided further, That chase, or long term lease of offices in a report verse impact on the total level of nonmilitary ex- of the funds made available under this heading, submitted to the Committees on Appropriations ports from the United States to such country not less than $2,500,000 shall be made available, at least 15 days prior to the obligation of these and that Israel enters into a side letter agree- in addition to amounts otherwise available for funds for such purposes: Provided further, That ment in an amount proportional to the fiscal such purposes, as a United States contribution contracts or agreements entered into with funds year 1999 agreement: Provided further, That of to the Office of the United Nations High Com- appropriated under this heading may entail the funds appropriated under this heading, not missioner for Human Rights, to support its ac- commitments for the expenditure of such funds less than $250,000,000 shall be made available for tivities including human rights training for through fiscal year 2005: Provided further, That assistance for Jordan: Provided further, That of peacekeepers, activities to address trafficking in the previous proviso shall not apply where the the funds appropriated under this heading, up persons, monitoring and field activities: Pro- total cost of construction (including architect to $5,000,000 may be made available for the vided further, That of the funds appropriated and engineering services), purchase, or long Yitzhak Rabin Center for Israel Studies in Tel under this heading, not less than $250,000 shall term lease of offices does not exceed $1,000,000. Aviv, Israel, and up to $5,000,000 may be made be made available to support the Commission to CAPITAL INVESTMENT FUND available for the Center for Human Dignity Mu- Investigate Illegal Groups and Clandestine Se- For necessary expenses for overseas construc- seum of Tolerance in Jerusalem, Israel: Provided curity Apparatus in Guatemala: Provided fur- tion and related costs, and for the procurement further, That of the funds appropriated under ther, That of the funds appropriated under this and enhancement of information technology this heading, up to $1,000,000 should be used to heading, not less than $2,500,000 shall be made

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13810 CONGRESSIONAL RECORD — SENATE November 3, 2003 available for assistance for countries to imple- That such contribution shall be expended at the States and without further appropriation by the ment and enforce the Kimberley Process Certifi- minimum rate necessary to make timely payment Congress. Funds made available for Enterprise cation Scheme: Provided further, That funds for projects and activities: Provided further, Funds shall be expended at the minimum rate appropriated under this heading may be used, That of the funds appropriated under this head- necessary to make timely payment for projects notwithstanding any other provision of law, to ing, $150,000,000 is made available for the Inter- and activities. provide assistance to the National Democratic national Mother and Child HIV Prevention Ini- (c) Funds appropriated under this heading Alliance of Sudan to strengthen its ability to tiative: Provided further, That funds made shall be considered to be economic assistance protect civilians from attacks, slave raids, and available for HIV/AIDS programs and activities under the Foreign Assistance Act of 1961 for aerial bombardment by the Sudanese Govern- under the headings ‘‘Child Survival and Health purposes of making available the administrative ment forces and its militia allies, and the provi- Programs Fund’’, ‘‘Economic Support Fund’’, authorities contained in that Act for the use of sion of such funds shall be subject to the regular ‘‘Assistance for Eastern Europe and the Baltic economic assistance. notification procedures of the Committees on States’’ and ‘‘Assistance for the Independent (d) With regard to funds appropriated under Appropriations: Provided further, That in the States of the Former Soviet Union’’ in this Act this heading for the economic revitalization pro- previous proviso, the term ‘‘assistance’’ includes may be transferred to and merged with funds gram in Bosnia and Herzegovina, and local cur- non-lethal, non-food aid such as blankets, medi- appropriated under this heading: Provided fur- rencies generated by such funds (including the cine, fuel, mobile clinics, water drilling equip- ther, That of the funds appropriated under this conversion of funds appropriated under this ment, communications equipment to notify civil- heading, $20,000,000 may be apportioned directly heading into currency used by Bosnia and ians of aerial bombardment, non-military vehi- to the Peace Corps to remain available until ex- Herzegovina as local currency and local cur- cles, tents, and shoes: Provided further, That of pended for necessary expenses to carry out ac- rency returned or repaid under such program) the funds appropriated under this heading, not tivities to combat HIV/AIDS, tuberculosis and the Administrator of the United States Agency less than $2,500,000 shall be made available dur- malaria: Provided further, That of the funds ap- for International Development shall provide ing fiscal year 2004 for a contribution to the propriated under this heading, funds shall be written approval for grants and loans prior to the obligation and expenditure of funds for such Special Court for Sierra Leone: Provided fur- made available to the World Health Organiza- purposes, and prior to the use of funds that ther, That of the funds appropriated under this tion’s HIV/AIDS, Tuberculosis and Malaria have been returned or repaid to any lending fa- heading, not less than $3,500,000 should be made Cluster: Provided further, That of the funds ap- cility or grantee. available for East Asia and Pacific Environment propriated under this heading, not more than (e) The provisions of section 629 of this Act Initiatives: Provided further, That of the funds $8,000,000 may be made available for administra- shall apply to funds made available under sub- appropriated under this heading, $10,000,000 tive expenses of the office of the ‘‘Coordinator of section (d) and to funds appropriated under this shall be made available to continue to support United States Government Activities to Combat heading: Provided, That notwithstanding any the provision of wheelchairs for needy persons HIV/AIDS Globally’’ of the Department of State: provision of this or any other Act, including in developing countries: Provided further, That Provided further, That of the funds appro- provisions in this subsection regarding the ap- of the funds appropriated under this heading, priated under this heading, not less than plication of section 629 of this Act, local cur- $3,000,000 should be made available for the $28,000,000 shall be made available for a United rencies generated by, or converted from, funds Foundation for Security and Sustainability: States contribution to UNAIDS: Provided fur- appropriated by this Act and by previous appro- Provided further, That of the funds appro- ther, That the Coordinator should seek to en- priations Acts and made available for the eco- priated under this heading, not less than sure that an appropriate percent of the budget nomic revitalization program in Bosnia may be $350,000 should be made available, notwith- for prevention and treatment programs of the used in Eastern Europe and the Baltic States to standing any other provision of law, for the Na- Global Fund to Fight AIDS, Tuberculosis and carry out the provisions of the Foreign Assist- tional Endowment for Democracy to support de- Malaria is made available to support technical ance Act of 1961 and the Support for East Euro- mocracy and human rights in North Korea: Pro- assistance to ensure the quality of such pro- pean Democracy (SEED) Act of 1989. vided further, That of the funds appropriated grams: Provided further, That of the funds ap- (f) The President is authorized to withhold under this heading, up to $1,000,000 should be propriated under this heading, not less than funds appropriated under this heading made made available for a program to promote greater $29,000,000 shall be made available for injection available for economic revitalization programs understanding and interaction among youth in safety programs, including national planning, in Bosnia and Herzegovina, if he determines Albania, Kosovo, Montenegro and Macedonia: the provision and international transport of and certifies to the Committees on Appropria- Provided further, That of the funds made avail- nonreusable autodisposable syringes or other tions that the Federation of Bosnia and able under this heading and the heading ‘‘Of- safe injection equipment, public education, Herzegovina has not complied with article III of fice of Transition Initiatives’’, not less than training of health providers, waste management, annex 1–A of the General Framework Agreement $5,000,000 shall be made available for disar- and publication of quantitative results: Pro- for Peace in Bosnia and Herzegovina con- mament, demobilization, and reintegration of vided further, That of the funds appropriated cerning the withdrawal of foreign forces, and child soldiers in Liberia: Provided further, That under this heading, not less than $46,000,000 that intelligence cooperation on training, inves- of the funds appropriated under this heading, shall be made available for blood safety pro- tigations, and related activities between state up to $15,000,000 should be made available as a grams, including the establishment and support sponsors of terrorism and terrorist organizations United States contribution to the Organization of national blood services, the provision of rapid and Bosnian officials has not been terminated. of American States for expenses related to the HIV test kits, staff training, and quality assur- ASSISTANCE FOR THE INDEPENDENT STATES OF OAS Special Mission in Haiti and the implemen- ance programs. THE FORMER SOVIET UNION tation of OAS Resolution 822 and subsequent ASSISTANCE FOR EASTERN EUROPE AND THE (a) For necessary expenses to carry out the resolutions related to improving security and the BALTIC STATES provisions of chapters 11 and 12 of part I of the holding of elections to resolve the political im- (a) For necessary expenses to carry out the Foreign Assistance Act of 1961 and the FREE- passe created by the disputed May 2000 election: provisions of the Foreign Assistance Act of 1961 DOM Support Act, for assistance for the Inde- Provided further, That with respect to funds ap- and the Support for East European Democracy pendent States of the former Soviet Union and propriated under this heading in this Act or (SEED) Act of 1989, $445,000,000, to remain for related programs, $596,000,000, to remain prior Acts making appropriations for foreign op- available until September 30, 2005, which shall available until September 30, 2005: Provided, erations, export financing, and related pro- be available, notwithstanding any other provi- That the provisions of such chapters shall apply grams, the responsibility for policy decisions sion of law, for assistance and for related pro- to funds appropriated by this paragraph: Pro- and justifications for the use of such funds, in- grams for Eastern Europe and the Baltic States: vided further, That of the funds made available cluding whether there will be a program for a Provided, That of the funds appropriated under for the Southern Caucasus region, notwith- country that uses those funds and the amount this heading that are made available for assist- standing any other provision of law, funds may of each such program, shall be the responsibility ance for Bulgaria, $3,000,000 should be made be used for confidence-building measures and of the Secretary of State and the Deputy Sec- available to enhance safety at nuclear power other activities in furtherance of the peaceful retary of State and this responsibility shall not plants: Provided further, That of the funds ap- resolution of the regional conflicts, especially be delegated. propriated under this heading, and under the those in the vicinity of Abkhazia and Nagorno- ACTIVITIES TO COMBAT HIV/AIDS GLOBALLY FUND headings ‘‘Assistance for the Independent States Karabagh: Provided further, That of the funds For necessary expenses to carry out the provi- of the Former Soviet Union’’ and ‘‘Economic appropriated under this heading, $20,000,000 sions of the Foreign Assistance Act of 1961 for Support Fund’’, not less than $50,000,000 shall shall be made available solely for assistance for the prevention, treatment, and control of, and be made available for programs for the preven- the Russian Far East: Provided further, That research on, HIV/AIDS, $700,000,000, to remain tion, treatment, and control of, and research on, $5,000,000 shall be made available to promote available until expended: Provided, That of the HIV/AIDS, tuberculosis, and malaria. freedom of the media and an independent media funds appropriated under this heading, up to (b) Funds appropriated under this heading or in Russia: Provided further, That not less than $250,000,000 may be made available, notwith- in prior appropriations Acts that are or have $3,000,000 shall be made available for programs standing any other provision of law, except for been made available for an Enterprise Fund and activities authorized under section 307 of the United States Leadership Against HIV/ may be deposited by such Fund in interest-bear- the FREEDOM Support Act (Public Law 102– AIDS, Tuberculosis, and Malaria Act of 2003 ing accounts prior to the Fund’s disbursement of 511): Provided further, That of the funds appro- (117 Stat. 711; 22 U.S.C. 7601 et seq.) as amended such funds for program purposes. The Fund priated under this heading, $500,000 shall be by section 699J of this Act, for a United States may retain for such program purposes any in- made available to support democracy building contribution to the Global Fund to Fight AIDS, terest earned on such deposits without returning programs in Russia through the Sakharov Ar- Tuberculosis and Malaria: Provided further, such interest to the Treasury of the United chives: Provided further, That, notwithstanding

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13811 any other provision of law, funds appropriated of directors of the Foundation may waive the ment of State for assistance to the Government under this heading in this Act or prior Acts $250,000 limitation contained in that section of Colombia shall be available to support a uni- making appropriations for foreign operations, with respect to a project: Provided further, That fied campaign against narcotics trafficking, export financing, and related programs, that are the Foundation shall provide a report to the against activities by organizations designated as made available pursuant to the provisions of Committees on Appropriations after each time terrorist organizations such as the Revolu- section 807 of Public Law 102–511 shall be sub- such waiver authority is exercised. tionary Armed Forces of Colombia (FARC), the ject to a 6 percent ceiling on administrative ex- PEACE CORPS National Liberation Army (ELN), and the penses. For necessary expenses to carry out the provi- United Self-Defense Forces of Colombia (AUC), (b) Of the funds appropriated under this sions of the Peace Corps Act (75 Stat. 612), and to take actions to protect human health heading that are made available for assistance $310,000,000, including the purchase of not to ex- and welfare in emergency circumstances, includ- for Ukraine, not less than $20,000,000 shall be ceed five passenger motor vehicles for adminis- ing undertaking rescue operations: Provided made available for nuclear reactor safety initia- trative purposes for use outside of the United further, That this authority shall cease to be ef- tives, of which $14,000,000 should be for simu- States: Provided, That none of the funds appro- fective if the Secretary of State has credible evi- lator-related projects; and not less than priated under this heading shall be used to pay dence that the Colombian Armed Forces are not for abortions: Provided further, That funds ap- $2,000,000 shall be made available for coal mine conducting vigorous operations to restore gov- propriated under this heading shall remain safety programs. ernment authority and respect for human rights (c) Of the funds appropriated under this available until September 30, 2005: Provided fur- in areas under the effective control of para- heading, $75,000,000 should be made available ther, That during fiscal year 2004 and any sub- military and guerrilla organizations: Provided for assistance for Georgia. sequent fiscal year, the Director of the Peace further, That the President shall ensure that if (d) Of the funds appropriated under this Corps may make appointments or assignments, any helicopter procured with funds under this heading, not less than $75,000,000 shall be made or extend current appointments or assignments, heading is used to aid or abet the operations of available for assistance for Armenia. to permit United States citizens to serve for peri- (e)(1) Of the funds appropriated under this ods in excess of 5 years in the case of individ- any illegal self-defense group or illegal security heading that are allocated for assistance for the uals whose appointment or assignment, such as cooperative, such helicopter shall be imme- Government of the Russian Federation, 60 per- regional safety security officers and employees diately returned to the United States: Provided cent shall be withheld from obligation until the within the Office of the Inspector General, in- further, That the Secretary of State, in con- President determines and certifies in writing to volves the safety of Peace Corps volunteers: Pro- sultation with the Administrator of the United the Committees on Appropriations that the Gov- vided further, That the Director of the Peace States Agency for International Development, ernment of the Russian Federation: Corps may make such appointments or assign- shall provide to the Committees on Appropria- (A) has terminated implementation of ar- ments notwithstanding the provisions of section tions not later than 45 days after the date of the rangements to provide Iran with technical ex- 7 of the Peace Corps Act limiting the length of enactment of this Act and prior to the initial ob- pertise, training, technology, or equipment nec- an appointment or assignment, the cir- ligation of funds appropriated under this head- essary to develop a nuclear reactor, related nu- cumstances under which such an appointment ing, a report on the proposed uses of all funds clear research facilities or programs, or ballistic or assignment may exceed 5 years, and the per- under this heading on a country-by-country missile capability; and centage of appointments or assignments that basis for each proposed program, project, or ac- (B) is providing full access to international can be made in excess of 5 years. tivity: Provided further, That of the funds appropriated under this heading, not less than non-government organizations providing hu- DEPARTMENT OF STATE manitarian relief to refugees and internally dis- $250,000,000 shall be apportioned directly to the INTERNATIONAL NARCOTICS CONTROL AND LAW placed persons in Chechnya. United States Agency for International Develop- ENFORCEMENT (2) Paragraph (1) shall not apply to— ment, to be used for alternative development/in- For necessary expenses to carry out section (A) assistance to combat infectious diseases, stitution building including judicial reform, of 481 of the Foreign Assistance Act of 1961, child survival activities, or assistance for victims which not less than $165,000,000 shall be made $284,550,000, to remain available until expended: of trafficking in persons; and available for such purposes in Colombia: Pro- Provided, That during fiscal year 2004, the De- (B) activities authorized under title V (Non- vided further, That of the funds appropriated partment of State may also use the authority of proliferation and Disarmament Programs and under this heading, not less than $25,000,000 section 608 of the Foreign Assistance Act of 1961, Activities) of the FREEDOM Support Act. shall be made available for judicial reform in without regard to its restrictions, to receive ex- (f) Section 907 of the FREEDOM Support Act Colombia: Provided further, That of the funds cess property from an agency of the United shall not apply to— appropriated under this heading, in addition to (1) activities to support democracy or assist- States Government for the purpose of providing it to a foreign country under chapter 8 of part funds made available pursuant to the previous ance under title V of the FREEDOM Support proviso, not less than $2,500,000 shall be made Act and section 1424 of Public Law 104–201 or I of that Act subject to the regular notification procedures of the Committees on Appropriations: available to protect human rights defenders in non-proliferation assistance; Colombia, not less than $3,500,000 shall be made (2) any assistance provided by the Trade and Provided further, That of the funds appropriated under this heading, $20,000,000 should available for the United Nations Office of the Development Agency under section 661 of the High Commissioner for Human Rights in Colom- Foreign Assistance Act of 1961 (22 U.S.C. 2421); be made available for anti-trafficking in persons programs, including trafficking prevention, pro- bia, not less than $10,000,000 shall be made (3) any activity carried out by a member of the available for assistance for the Colombian Attor- United States and Foreign Commercial Service tection and assistance for victims, and prosecution of traffickers: Provided further, That of the ney General’s Human Rights Unit, and not less while acting within his or her official capacity; than $2,500,000 shall be made available for as- (4) any insurance, reinsurance, guarantee or funds appropriated under this heading, $7,105,000 should be made available for the sistance for the human rights unit of the Colom- other assistance provided by the Overseas Pri- bian Procuraduria: Provided further, That not vate Investment Corporation under title IV of International Law Enforcement Academy in Roswell, New Mexico, of which $2,105,000 should more than 20 percent of the funds appropriated chapter 2 of part I of the Foreign Assistance Act by this Act that are used for the procurement of of 1961 (22 U.S.C. 2191 et seq.); be made available for construction and completion of a new facility: Provided further, That of chemicals for aerial coca and poppy fumigation (5) any financing provided under the Export- programs may be made available for such pro- Import Bank Act of 1945; or the funds appropriated under this heading, not grams unless the Secretary of State, after con- (6) humanitarian assistance. more than $25,117,000 may be available for administrative expenses: Provided further, That sultation with the Administrator of the Environ- INDEPENDENT AGENCIES $5,000,000 of amounts made available under this mental Protection Agency (EPA), certifies to the INTER-AMERICAN FOUNDATION heading shall be for combating piracy of United Committees on Appropriations that: (1) the her- For necessary expenses to carry out the func- States intellectual property. bicide mixture is being used in accordance with tions of the Inter-American Foundation in ac- ANDEAN COUNTERDRUG INITIATIVE EPA label requirements for comparable use in cordance with the provisions of section 401 of For necessary expenses to carry out section the United States and any additional controls the Foreign Assistance Act of 1969, $16,334,000, 481 of the Foreign Assistance Act of 1961 to sup- recommended by the EPA for this program, and to remain available until September 30, 2005. port counterdrug activities in the Andean region with the Colombian Environmental Management AFRICAN DEVELOPMENT FOUNDATION of South America, $660,000,000, to remain avail- Plan for aerial fumigation; and (2) the herbicide For necessary expenses to carry out title V of able until expended: Provided, That in addition mixture, in the manner it is being used, does not the International Security and Development Co- to the funds appropriated under this heading pose unreasonable risks or adverse effects to hu- operation Act of 1980, Public Law 96–533, and subject to the regular notification proce- mans or the environment: Provided further, $18,689,000, to remain available until September dures of the Committees on Appropriations, the That such funds may not be made available un- 30, 2005: Provided, That funds made available to President may make available up to an addi- less the Secretary of State certifies to the Com- grantees may be invested pending expenditure tional $37,000,000 for the Andean Counterdrug mittees on Appropriations that complaints of for project purposes when authorized by the Initiative, which may be derived from funds ap- harm to health or licit crops caused by such fu- board of directors of the Foundation: Provided propriated under the heading ‘‘International migation are evaluated and fair compensation is further, That interest earned shall be used only Narcotics Control and Law Enforcement’’ in being paid for meritorious claims: Provided fur- for the purposes for which the grant was made: this Act and in prior Acts making appropria- ther, That such funds may not be made avail- Provided further, That notwithstanding section tions for foreign operations, export financing, able for such purposes unless programs are 505(a)(2) of the African Development Founda- and related programs: Provided further, That in being implemented by the United States Agency tion Act, in exceptional circumstances the board fiscal year 2004, funds available to the Depart- for International Development, the Government

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13812 CONGRESSIONAL RECORD — SENATE November 3, 2003 of Colombia, or other organizations, in consulta- ment: Provided further, That funds made avail- tion to funds otherwise available for such pur- tion with local communities, to provide alter- able under this heading should be made avail- poses, may be used for administrative expenses native sources of income in areas where security able to international organizations for assist- related to the operation and management of the permits for small-acreage growers whose illicit ance for refugees from North Korea: Provided demining program: Provided further, That the crops are targeted for fumigation: Provided fur- further, That funds made available under this Secretary of State is authorized to provide not to ther, That of the funds appropriated under this heading should be made available for assistance exceed $250,000 for public-private partnerships heading, not less than $2,500,000 shall be made for persons in Thailand who fled Burma for hu- for mine action by grant, cooperative agreement, available for continued training, equipment, manitarian or other reasons: Provided further, or contract. and other assistance for the Colombian National That none of the funds appropriated by this Act DEPARTMENT OF THE TREASURY Park Service: Provided further, That none of shall be provided to the central Government of INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE the funds appropriated by this Act shall be Nepal until the Secretary of State determines For necessary expenses to carry out the provi- made available for aerial fumigation within Co- and reports to the Committees on Appropriations sions of section 129 of the Foreign Assistance lombia’s national parks: Provided further, That that the Government of Nepal is cooperating Act of 1961 (relating to international affairs section 482(b) of the Foreign Assistance Act of with the United Nations High Commissioner for technical assistance activities), $12,000,000, to 1961 shall not apply to funds appropriated Refugees and other appropriate international remain available until September 30, 2006, which under this heading: Provided further, That as- organizations on issues concerning the protec- shall be available notwithstanding any other sistance provided with funds appropriated tion of refugees from Tibet. provision of law. under this heading that is made available not- UNITED STATES EMERGENCY REFUGEE AND DEBT RESTRUCTURING withstanding section 482(b) of the Foreign As- MIGRATION ASSISTANCE FUND For the cost, as defined in section 502 of the sistance Act of 1961, as amended, and funds ap- For necessary expenses to carry out the provi- Congressional Budget Act of 1974, of modifying propriated by this Act that are made available sions of section 2(c) of the Migration and Ref- loans and loan guarantees, as the President for Colombia, shall be made available subject to ugee Assistance Act of 1962, as amended (22 may determine, for which funds have been ap- the regular notification procedures of the Com- U.S.C. 2601(c)), $40,000,000, to remain available propriated or otherwise made available for pro- mittees on Appropriations: Provided further, until expended: Provided, That funds made grams within the International Affairs Budget That the provisions of section 3204(b) through available under this heading are appropriated Function 150, including the cost of selling, re- (d) of Public Law 106–246, as amended by Public notwithstanding the provisions contained in ducing, or canceling amounts owed to the Law 107–115, shall be applicable to funds appro- section 2(c)(2) of such Act which would limit the United States as a result of concessional loans priated for fiscal year 2004: Provided further, amount of funds which could be appropriated made to eligible countries, pursuant to parts IV That no United States Armed Forces personnel for this purpose. and V of the Foreign Assistance Act of 1961, and or United States civilian contractor employed by NONPROLIFERATION, ANTI-TERRORISM, DEMINING of modifying concessional credit agreements the United States will participate in any combat AND RELATED PROGRAMS with least developed countries, as authorized operation in connection with assistance made For necessary expenses for nonproliferation, under section 411 of the Agricultural Trade De- available by this Act for Colombia: Provided anti-terrorism, demining and related programs velopment and Assistance Act of 1954, as amend- further, That funds appropriated under this and activities, $385,200,000, to carry out the pro- ed, and concessional loans, guarantees and heading that are available for the Bolivian mili- visions of chapter 8 of part II of the Foreign As- credit agreements, as authorized under section tary and police may be made available if the sistance Act of 1961 for anti-terrorism assist- 572 of the Foreign Operations, Export Financ- Secretary of State determines and reports to the ance, chapter 9 of part II of the Foreign Assist- ing, and Related Programs Appropriations Act, Committees on Appropriations that (1) the Bo- ance Act of 1961, section 504 of the FREEDOM 1989 (Public Law 100–461), and of canceling livian Government is vigorously investigating Support Act, section 23 of the Arms Export Con- amounts owed, as a result of loans or guaran- and prosecuting members of the Bolivian mili- trol Act or the Foreign Assistance Act of 1961 for tees made pursuant to the Export-Import Bank tary and police who have been credibly alleged demining activities, the clearance of unexploded Act of 1945, by countries that are eligible for to have committed gross violations of human ordnance, the destruction of small arms, and re- debt reduction pursuant to title V of H.R. 3425 rights and is promptly punishing those found to lated activities, notwithstanding any other pro- as enacted into law by section 1000(a)(5) of Pub- have committed such violations; and (2) the Bo- vision of law, including activities implemented lic Law 106–113, $195,000,000, to remain available livian military and police are cooperating with through nongovernmental and international or- until expended: Provided, That not less than such investigations and prosecutions: Provided ganizations, and section 301 of the Foreign As- $20,000,000 of the funds appropriated under this further, That of the funds appropriated under sistance Act of 1961 for a voluntary contribution heading shall be made available to carry out the this heading, not more than $16,285,000 may be to the International Atomic Energy Agency provisions of part V of the Foreign Assistance available for administrative expenses of the De- (IAEA), and for a United States contribution to Act of 1961: Provided further, That $75,000,000 partment of State, and not more than $4,500,000 the Comprehensive Nuclear Test Ban Treaty of the funds appropriated under this heading may be available, in addition to amounts other- Preparatory Commission: Provided, That of this may be used by the Secretary of the Treasury to wise available for such purposes, for administra- amount not to exceed $35,000,000, to remain pay to the Heavily Indebted Poor Countries tive expenses of the United States Agency for available until expended, may be made available (HIPC) Trust Fund administered by the Inter- International Development. for the Nonproliferation and Disarmament national Bank for Reconstruction and Develop- MIGRATION AND REFUGEE ASSISTANCE Fund, notwithstanding any other provision of ment amounts for the benefit of countries that For expenses, not otherwise provided for, nec- law, to promote bilateral and multilateral activi- are eligible for debt reduction pursuant to title essary to enable the Secretary of State to pro- ties relating to nonproliferation and disar- V of H.R. 3425 as enacted into law by section vide, as authorized by law, a contribution to the mament: Provided further, That such funds may 1000(a)(5) of Public Law 106–113: Provided fur- International Committee of the Red Cross, as- also be used for such countries other than the ther, That amounts paid to the HIPC Trust sistance to refugees, including contributions to Independent States of the former Soviet Union Fund may be used only to fund debt reduction the International Organization for Migration and international organizations when it is in under the enhanced HIPC initiative by— and the United Nations High Commissioner for the national security interest of the United (1) the Inter-American Development Bank; Refugees, and other activities to meet refugee States to do so: Provided further, That funds (2) the African Development Fund; and migration needs; salaries and expenses of appropriated under this heading may be made (3) the African Development Bank; and personnel and dependents as authorized by the available for the International Atomic Energy (4) the Central American Bank for Economic Foreign Service Act of 1980; allowances as au- Agency only if the Secretary of State determines Integration: thorized by sections 5921 through 5925 of title 5, (and so reports to the Congress) that Israel is Provided further, That funds may not be paid to United States Code; purchase and hire of pas- not being denied its right to participate in the the HIPC Trust Fund for the benefit of any senger motor vehicles; and services as author- activities of that Agency: Provided further, That country if the Secretary of State has credible ized by section 3109 of title 5, United States of the funds appropriated under this heading, evidence that the government of such country is Code, $760,197,000, which shall remain available $19,300,000 shall be made available for a United engaged in a consistent pattern of gross viola- until expended: Provided, That not more than States contribution to the Comprehensive Nu- tions of internationally recognized human rights $21,000,000 may be available for administrative clear Test Ban Treaty Preparatory Commission: or in military or civil conflict that undermines expenses: Provided further, That not less than Provided further, That notwithstanding the pre- its ability to develop and implement measures to $50,000,000 of the funds made available under vious proviso, funds earmarked in the previous alleviate poverty and to devote adequate human this heading shall be made available for refu- proviso that are not made available during fis- and financial resources to that end: Provided gees from the former Soviet Union and Eastern cal year 2004 for a contribution to the Com- further, That on the basis of final appropria- Europe and other refugees resettling in Israel: prehensive Nuclear Test Ban Treaty Pre- tions, the Secretary of the Treasury shall con- Provided further, That funds appropriated paratory Commission and that are not necessary sult with the Committees on Appropriations con- under this heading may be made available for a to make the United States contribution to the cerning which countries and international fi- headquarters contribution to the International Commission in the amount assessed for fiscal nancial institutions are expected to benefit from Committee of the Red Cross only if the Secretary year 2004 shall be made available for a vol- a United States contribution to the HIPC Trust of State determines (and so reports to the appro- untary contribution to the International Atomic Fund during the fiscal year: Provided further, priate committees of Congress) that the Magen Energy Agency and shall remain available until That the Secretary of the Treasury shall inform David Adom Society of Israel is not being denied September 30, 2005: Provided further, That of the Committees on Appropriations not less than participation in the activities of the Inter- the funds made available for demining and re- 15 days in advance of the signature of an agree- national Red Cross and Red Crescent Move- lated activities, not to exceed $690,000, in addi- ment by the United States to make payments to

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the HIPC Trust Fund of amounts for such coun- (4) CORPORATION.—The term ‘‘Corporation’’ proposal for the use of such assistance to the tries and institutions: Provided further, That means the Millennium Challenge Corporation Board in such manner and accompanied by the Secretary of the Treasury may disburse established by section 304(a). such information as the Board may reasonably funds designated for debt reduction through the (5) ELIGIBLE COUNTRY.—The term ‘‘eligible require. HIPC Trust Fund only for the benefit of coun- country’’ means a candidate country that is de- SEC. 306. CANDIDATE COUNTRY. (a) IN GEN- tries that— termined, under section 307, as being eligible to ERAL.—A country is a candidate country for the (1) have committed, for a period of 24 months, receive assistance under this title. purposes of this title— not to accept new market-rate loans from the (6) MILLENNIUM CHALLENGE ACCOUNT.—The (1) during fiscal year 2004, if such country is international financial institution receiving debt term ‘‘Millennium Challenge Account’’ means eligible to receive loans from the International repayment as a result of such disbursement, the account established under section 322. Development Association; other than loans made by such institutions to SEC. 304. ESTABLISHMENT AND MANAGEMENT (2) during fiscal year 2005, if the per capita in- export-oriented commercial projects that gen- OF THE MILLENNIUM CHALLENGE CORPORATION. come of such country is less than the historical erate foreign exchange which are generally re- (a) ESTABLISHMENT OF THE CORPORATION.— per capita income cutoff of the International ferred to as ‘‘enclave’’ loans; and There is established in the executive branch a Development Association for that year; and (2) have documented and demonstrated their corporation within the meaning of section 103 of (3) during any fiscal year after 2005— commitment to redirect their budgetary re- title 5, United States Code, to be known as the (A) for which more than $5,000,000,000 has sources from international debt repayments to Millennium Challenge Corporation with the been appropriated to the Millennium Challenge programs to alleviate poverty and promote eco- powers and authorities described in this title. Account, if the country is classified as a lower nomic growth that are additional to or expand (b) CEO OF THE CORPORATION.— middle income country by the World Bank on upon those previously available for such pur- (1) IN GENERAL.—There shall be a chief execu- the first day of such fiscal year; or poses: tive officer of the Corporation who shall be re- (B) for which not more than $5,000,000,000 has Provided further, That any limitation of sub- sponsible for the management of the Corpora- been appropriated to such Millennium Chal- section (e) of section 411 of the Agricultural tion. lenge Account, the per capita income of such Trade Development and Assistance Act of 1954 (2) APPOINTMENT.—The President shall ap- country is less than the historical per capita in- shall not apply to funds appropriated under this point, by and with the advice and consent of come cutoff of the International Development heading: Provided further, That none of the the Senate, the CEO. Association for that year. funds made available under this heading in this (3) RELATIONSHIP TO THE SECRETARY OF (b) LIMITATION ON ASSISTANCE TO CERTAIN or any other appropriations Act shall be made STATE.—The CEO shall report to and be under CANDIDATE COUNTRIES.—In a fiscal year in available for Sudan or Burma unless the Sec- the direct authority and foreign policy guidance which subparagraph (A) of subsection (a)(3) ap- retary of the Treasury determines and notifies of the Secretary of State. The Secretary of State plies with respect to determining candidate the Committees on Appropriations that a demo- shall coordinate the provision of United States countries, not more than 20 percent of the cratically elected government has taken office. foreign assistance. amounts appropriated to the Millennium Chal- TITLE III—MILLENNIUM CHALLENGE (4) DUTIES.—The CEO shall, in consultation lenge Account shall be available for assistance ASSISTANCE with the Board, direct the performance of all to countries that would not be candidate countries if subparagraph (B) of subsection (a)(3) ap- SEC. 301. SHORT TITLE. This title may be cited functions and the exercise of all powers of the Corporation, including ensuring that assistance plied during such year. as the ‘‘Millennium Challenge Act of 2003’’. SEC. 307. ELIGIBLE COUNTRY. (a) DETERMINA- SEC. 302. FINDINGS AND PURPOSES. (a) FIND- under this title is coordinated with other United States economic assistance programs. TION BY THE BOARD.—The Board shall deter- INGS.—Congress makes the following findings: mine whether a candidate country is an eligible (1) On March 14, 2002, President George W. (5) EXECUTIVE LEVEL II.—Section 5313 of title country by evaluating the demonstrated commit- Bush stated that ‘‘America supports the inter- 5, United States Code, is amended by adding at ment of the government of the candidate coun- national development goals in the U.N. Millen- the end the following: ‘‘Chief Executive Officer, Millennium Chal- try to— nium Declaration, and believes that the goals (1) just and democratic governance, including are a shared responsibility of developed and de- lenge Corporation.’’. (c) MILLENNIUM CHALLENGE BOARD.— a demonstrated commitment to— veloping countries.’’ The President also called (A) promote political pluralism and the rule of for a ‘‘new compact for global development, de- (1) ESTABLISHMENT OF THE BOARD.—There is established a Millennium Challenge Board. law; fined by new accountability for both rich and (B) respect human and civil rights; (2) COMPOSITION.—The Board shall be com- poor nations’’ and pledged support for increased (C) protect private property rights; posed of the following members: assistance from the United States through the (D) encourage transparency and account- (A) The Secretary of State, who shall serve as establishment of a Millennium Challenge Ac- ability of government; and count for countries that govern justly, invest in the Chair of the Board. (E) limit corruption; their own people, and encourage economic free- (B) The Secretary of the Treasury. (2) economic freedom, including a dem- dom. (C) The Administrator of the United States onstrated commitment to economic policies (2) The elimination of extreme poverty and the Agency for International Development. that— achievement of the other international develop- (D) The CEO. (A) encourage citizens and firms to participate ment goals of the United Nations Millennium (E) The United States Trade Representative. in global trade and international capital mar- Declaration adopted by the United Nations Gen- (2) FUNCTIONS OF THE BOARD.—The Board kets; eral Assembly on September 8, 2000, are impor- shall perform the functions specified to be car- (B) promote private sector growth and the sus- tant objectives and it is appropriate for the ried out by the Board in this title. tainable use of natural resources; and SEC. 305. AUTHORIZATION FOR MILLENNIUM United States to make development assistance (C) strengthen market forces in the economy; CHALLENGE ASSISTANCE. (a) AUTHORITY.—The available in a manner that will assist in achiev- and Corporation is authorized to provide assistance ing such goals. (3) investments in the people of such country, (3) The availability of financial assistance to an eligible entity consistent with the purposes including improving the availability of edu- through a Millennium Challenge Account, of this title set out in section 302(b) to conduct cational opportunities and health care for all linked to performance by developing countries, programs or projects consistent with the objec- citizens of such country. can contribute significantly to the achievement tives of a Millennium Challenge Contract. As- (b) ASSESSING ELIGIBILITY.— of the international development goals of the sistance provided under this title may be pro- (1) IN GENERAL.—To evaluate the dem- United Nations Millennium Declaration. vided notwithstanding any other provision of onstrated commitment of a candidate country (b) PURPOSES.—The purposes of this title law, except that the Corporation is prohibited for the purposes of subsection (a), the CEO shall are— from providing assistance to any entity for any recommend objective and quantifiable indica- (1) to provide United States assistance for project which is likely to— tors, to be approved by the Board, of a can- global development through the Millennium (1) cause the substantial loss of United States didate country’s performance with respect to the Challenge Corporation, as described in section jobs or the displacement of United States pro- criteria described in paragraphs (1), (2), and (3) 305; and duction; or of such subsection. In recognition of the essen- (2) to provide such assistance in a manner (2) pose an unreasonable or major environ- tial role of women in developing countries, the that promotes economic growth and the elimi- mental, health, or safety hazard. CEO shall ensure that such indicators, where nation of extreme poverty and strengthens good (b) EXCEPTION.—Assistance under this title appropriate, take into account and assess the governance, economic freedom, and investments may not be used for military assistance or train- role of women and girls. The approved indica- in people. ing. tors shall be used in selecting eligible countries. SEC. 303. DEFINITIONS. In this title: (c) FORM OF ASSISTANCE.—Assistance under (2) ANNUAL PUBLICATION OF INDICATORS.— (1) BOARD.—The term ‘‘Board’’ means the this title may be provided in the form of grants (A) INITIAL PUBLICATION.—Not later than 45 Millennium Challenge Board established by sec- to eligible entities. days prior to the final publication of indicators tion 304(c). (d) COORDINATION.—The provision of assist- under subparagraph (B) in any year, the Board (2) CANDIDATE COUNTRY.—The term ‘‘can- ance under this title shall be coordinated with shall publish in the Federal Register and make didate country’’ means a country that meets the other United States foreign assistance programs. available on the Internet the indicators that the criteria set out in section 306. (e) APPLICATIONS.—An eligible entity seeking Board proposes to use for the purposes of para- (3) CEO.—The term ‘‘CEO’’ means the chief assistance under this title to conduct programs graph (1) in such year. executive officer of the Corporation established or projects consistent with the objectives of a (B) FINAL PUBLICATION.—Not later than 15 by section 304(b). Millennium Challenge Contract shall submit a days prior to the selection of eligible countries

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13814 CONGRESSIONAL RECORD — SENATE November 3, 2003 in any year, the Board shall publish in the Fed- direct the CEO to suspend the provision of as- (3) may prescribe, amend, and repeal such eral Register and make available on the Internet sistance to an eligible country under a Millen- rules, regulations, and procedures as may be the indicators that are to be used for the pur- nium Challenge Contract during any period for necessary for carrying out the functions of the poses of paragraph (1) in such year. which such eligible country is ineligible to re- Corporation; (3) CONSIDERATION OF PUBLIC COMMENT.—The ceive assistance under a provision of the For- (4) may make and perform such contracts, Board shall consider any comments on the pro- eign Assistance Act of 1961 (22 U.S.C. 2151 et grants, and other agreements with any person posed indicators published under paragraph seq.). or government however designated and wher- (2)(A) that are received within 30 days after the SEC. 311. DISCLOSURE. (a) REQUIREMENT FOR ever situated, as may be necessary for carrying publication of such indicators when selecting DISCLOSURE.—The Corporation shall make out the functions of the Corporation; the indicators to be used for the purposes of available to the public on a continuous basis (5) may determine and prescribe the manner in paragraph (1). and on the earliest possible date, but not later which its obligations shall be incurred and its SEC. 308. ELIGIBLE ENTITY. (a) ASSISTANCE.— than 15 days after the information is available expenses allowed and paid, including expenses Any eligible entity may receive assistance under to the Corporation, the following information: for representation; this title to carry out a project in an eligible (1) A list of the candidate countries deter- (6) may lease, purchase, or otherwise acquire, country for the purpose of making progress to- mined to be eligible countries during any year. improve, and use such real property wherever ward achieving an objective of a Millennium (2) The text of each Millennium Challenge situated, as may be necessary for carrying out Challenge Contract. Contract entered into by the Corporation. the functions of the Corporation; (b) DETERMINATIONS OF ELIGIBILITY.—The (3) For assistance provided under this title— (7) may accept cash gifts or donations of serv- Board shall determine whether a person or gov- (A) the name of each entity to which assist- ices or of property (real, personal, or mixed), ernmental entity is an eligible entity for the ance is provided; tangible or intangible, for the purpose of car- purposes of this section. (B) the amount of assistance provided to the rying out the provisions of this title; (c) ELIGIBLE ENTITIES.—For the purposes of entity; and (8) may use the United States mails in the this section, an eligible entity is— (C) a description of the program or project for same manner and on the same conditions as the (1) a government, including a local or regional which assistance was provided. executive departments of Government; government; or (4) For each eligible country, an assessment (9) may contract with individuals for personal (2) a nongovernmental organization or other of— services, who shall not be considered Federal private entity. (A) the progress made during each year by an employees for any provision of law administered SEC. 309. MILLENNIUM CHALLENGE CONTRACT. eligible country toward achieving the objectives by the Office of Personnel Management; (a) IN GENERAL.—The Board shall invite the set out in the Millennium Challenge Contract (10) may hire or obtain passenger motor vehi- government of an eligible country to enter into entered into by the eligible country; and cles; and a Millennium Challenge Contract with the Cor- (B) the extent to which assistance provided (11) shall have such other powers as may be poration. A Millennium Challenge Contract under this title has been effective in helping the necessary and incident to carrying out this title. shall establish a multiyear plan for the eligible eligible country to achieve such objectives. (b) CONTRACTING AUTHORITY.—The functions country to achieve specific objectives consistent (b) DISSEMINATION.—The information required and powers authorized by this title may be per- with the purposes set out in section 302(b). to be disclosed under subsection (a) shall be formed without regard to any provision of law (b) CONTENT.—A Millennium Challenge Con- made available to the public by means of publi- regulating the making, performance, amend- tract shall include— cation in the Federal Register and posting on ment, or modification of contracts, grants, and (1) specific objectives to be achieved by the eli- the Internet, as well as by any other methods other agreements. gible country during the term of the Contract; that the Board determines appropriate. SEC. 315. COORDINATION WITH USAID. (a) RE- (2) a description of the actions to be taken by SEC. 312. MILLENNIUM CHALLENGE ASSISTANCE QUIREMENT FOR COORDINATION.—An employee the government of the eligible country and the TO CANDIDATE COUNTRIES. (a) AUTHORITY.— of the Corporation assigned to a United States United States Government for achieving such Notwithstanding any other provision of this title diplomatic mission or consular post or a United objectives; and subject to the limitation in subsection (c), States Agency for International Development (3) the role and contribution of private enti- the Corporation is authorized to provide assist- field mission in a foreign country shall, in a ties, nongovernmental organizations, and other ance to a candidate country that meets the con- manner that is consistent with the authority of organizations in achieving such objectives; ditions in subsection (b) for the purpose of as- the Chief of Mission, coordinate the perform- (4) a description of beneficiaries, to the extent sisting such country to become an eligible coun- ance of the functions of the Corporation in such possible disaggregated by gender; try. (5) regular benchmarks for measuring progress country with the officer in charge of the United (b) CONDITIONS.—Assistance under subsection toward achieving such objectives; States Agency of International Development (6) a schedule for achieving such objectives; (a) may be provided to a candidate country that programs located in such country. (7) a schedule of evaluations to be performed is not an eligible country under section 307 be- (b) USAID PROGRAMS.—The Administrator of to determine whether the country is meeting its cause of— the United States Agency for International De- commitments under the Contract; (1) the unreliability of data used to assess its velopment shall seek to ensure that appropriate (8) a statement that the Corporation intends eligibility under section 307; or programs of the Agency play a primary role in to consider the eligible country’s performance in (2) the failure of the government of the can- preparing candidate countries to become eligible achieving such objectives in making decisions didate country to perform adequately with re- countries under section 307. about providing continued assistance under the spect to only 1 of the indicators described in SEC. 316. PRINCIPAL OFFICE. The Corporation Contract; subsection (a) of section 307. shall maintain its principal office in the metro- (9) the strategy of the eligible country to sus- (c) LIMITATION.—The total amount of assist- politan area of Washington, District of Colum- tain progress made toward achieving such objec- ance provided under subsection (a) in a fiscal bia. tives after the expiration of the Contract; year may not exceed 10 percent of the funds SEC. 317. PERSONNEL AUTHORITIES. (a) RE- (10) a plan to ensure financial accountability made available to the Millennium Challenge Ac- QUIREMENT TO PRESCRIBE A HUMAN RESOURCES for any assistance provided to a person or gov- count during such fiscal year. MANAGEMENT SYSTEM.—The CEO shall, jointly ernment in the eligible country under this title; SEC. 313. ANNUAL REPORT TO CONGRESS. Not with the Director of the Office of Personnel and later than January 31 of each year, the Presi- Management, prescribe regulations that estab- (11) a statement that nothing in the Contract dent shall submit to Congress a report on the as- lish a human resources management system, in- may be construed to create a legally binding or sistance provided under this title during the cluding a retirement benefits program, for the enforceable obligation on the United States Gov- prior fiscal year. The report shall include— Corporation. ernment or on the Corporation. (1) information regarding obligations and ex- (b) RELATIONSHIP TO OTHER LAWS.— (c) REQUIREMENT FOR CONSULTATION.—The penditures for assistance provided to each eligi- (1) INAPPLICABILITY OF CERTAIN LAWS.—Ex- Corporation shall seek to ensure that the gov- ble country in the prior fiscal year; cept as provided in paragraph (2), the provisions ernment of an eligible country consults with pri- (2) a discussion, for each eligible country, of of title 5, United States Code, and of the Foreign vate entities and nongovernmental organiza- the objectives of such assistance; Service Act of 1980 (22 U.S.C. 3901 et seq.) shall tions in the eligible country for the purpose of (3) a description of the coordination of assist- not apply to the human resource management ensuring that the terms of a Millennium Chal- ance under this title with other United States program established pursuant to paragraph (1). lenge Contract entered into by the Corporation foreign assistance and related trade policies; (2) APPLICATION OF CERTAIN LAWS.—The and the eligible country— (4) a description of the coordination of assist- human resources management system estab- (1) reflect the needs of the rural and urban ance under this title with the contributions of lished pursuant to subsection (a) may not poor in the eligible country; and other donors; and waive, modify, or otherwise affect the applica- (2) provide means to assist poor men and (5) any other information the President con- tion to employees of the Corporation of the fol- women in the eligible country to escape poverty siders relevant to assistance provided under this lowing provisions: through their own efforts. title. (A) Section 2301 of title 5, United States Code. (d) REQUIREMENT FOR APPROVAL BY THE SEC. 314. POWERS OF THE CORPORATION. (a) (B) Section 2302(b) of such title. BOARD.—A Millennium Challenge Contract POWERS.—The Corporation— (C) Chapter 63 of such title (relating to leave). shall be approved by the Board before the Cor- (1) shall have perpetual succession unless dis- (D) Chapter 72 of such title (relating to anti- poration enters into the Contract. solved by an Act of Congress; discrimination). SEC. 310. SUSPENSION OF ASSISTANCE TO AN (2) may adopt, alter, and use a seal, which (E) Chapter 73 of such title (relating to suit- ELIGIBLE COUNTRY. The Secretary of State shall shall be judicially noticed; ability, security, and conduct).

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13815 (F) Chapter 81 of such title (relating to com- (2) applies for return to the agency not later with authority granted in this title or under au- pensation for work injuries). than 30 days before the date of the termination thority governing the activities of the agencies (G) Chapter 85 of such title (relating to unem- of the employment in the Corporation. of the United States Government to which such ployment compensation). SEC. 318. PERSONNEL OUTSIDE THE UNITED funds are allocated or transferred. (H) Chapter 87 of such title (relating to life in- STATES. (a) ASSIGNMENT TO UNITED STATES EM- (2) NOTIFICATION.—The notification require- surance). BASSIES.—An employee of the Corporation, in- ments of section 634A(a) of the Foreign Assist- (I) Chapter 89 of such title (relating to health cluding an individual detailed to or contracted ance Act of 1961 (22 U.S.C. 2394–1(a)) shall insurance). by the Corporation, may be assigned to a United apply to any allocation or transfer of funds (J) Chapter 90 of such title (relating to long- States diplomatic mission or consular post or a made pursuant to paragraph (1). term care insurance). United States Agency for International Develop- SEC. 324. APPROPRIATIONS. (a) IN GENERAL.— (3) RELATIONSHIP TO RETIREMENT BENEFITS ment field mission. There is hereby appropriated $1,000,000,000 for LAWS.—The retirement benefits program referred (b) PRIVILEGES AND IMMUNITIES.—The Sec- fiscal year 2004, to remain available until ex- to in subsection (a) shall permit the employees retary of State shall seek to ensure that an em- pended, to carry out the provisions of this title of the Corporation to be eligible, unless the CEO ployee of the Corporation, including an indi- to provide assistance for countries that have determines otherwise, for benefits under— vidual detailed to or contracted by the Corpora- demonstrated commitment to— (A) subchapter III of chapter 83 and chapter tion, and the members of the family of such em- (1) just and democratic governance; 84 of title 5, United States Code (relating to re- ployee, while the employee is performing duties (2) economic freedom; and tirement benefits); or in any country or place outside the United (3) investing in the well-being of their own (B) chapter 8 of title I of the Foreign Service States, enjoy the privileges and immunities that people. Act of 1980 (22 U.S.C. 4041 et seq.) (relating to are enjoyed by a member of the Foreign Service, (b) NOTIFICATION.—Funds appropriated under the Foreign Service Retirement and Disability or the family of a member of the Foreign Serv- this title shall be available for obligation only System). ice, as appropriate, of comparable rank and sal- pursuant to the regular notification procedures (c) APPOINTMENT AND TERMINATION.—Except ary of such employee, if such employee or a of the Committees on Appropriations. as otherwise provided in this section, the CEO member of the family of such employee is not a TITLE IV—MILITARY ASSISTANCE may, without regard to any civil service or For- national of or permanently resident in such FUNDS APPROPRIATED TO THE PRESIDENT eign Service law or regulation, appoint and ter- country or place. INTERNATIONAL MILITARY EDUCATION AND minate employees as may be necessary to enable (c) RESPONSIBILITY OF CHIEF OF MISSION.—An TRAINING the Corporation to perform its duties. employee of the Corporation, including an indi- For necessary expenses to carry out the provi- (d) COMPENSATION.— vidual detailed to or contracted by the Corpora- sions of section 541 of the Foreign Assistance (1) AUTHORITY TO FIX COMPENSATION.—Sub- tion, and a member of the family of such em- Act of 1961, $91,700,000, of which up to $3,000,000 ject to the provisions of paragraph (2), the CEO ployee, shall be subject to section 207 of the For- may remain available until expended: Provided, may fix the compensation of employees of the eign Service Act of 1980 (22 U.S.C. 3927) in the That the civilian personnel for whom military Corporation. same manner as United States Government em- education and training may be provided under (2) LIMITATIONS ON COMPENSATION.—The com- ployees while the employee is performing duties this heading may include civilians who are not pensation for an employee of the Corporation in any country or place outside the United members of a government whose participation may not exceed the lesser of— States if such employee or member of the family would contribute to improved civil-military rela- (A) the rate of compensation established of such employee is not a national of or perma- tions, civilian control of the military, or respect under title 5, United States Code, or any For- nently resident in such country or place. for human rights: Provided further, That funds eign Service law for an employee of the Federal SEC. 319. USE OF SERVICES OF OTHER AGEN- appropriated under this heading for military Government who holds a position that is com- CIES. The Corporation may utilize the informa- education and training for Guatemala may only parable to the position held by the employee of tion services, facilities and personnel of, or pro- be available for expanded international military the Corporation; or cure commodities from, any agency of the education and training, and funds made avail- (B) the rate of pay prescribed for level IV of United States Government on a fully or parable for Algeria, Cambodia, Nigeria and Guate- the Executive Schedule under section 5315 of tially reimbursable or nonreimbursable basis mala may only be provided through the regular title 5, United States Code. under such terms and conditions as may be notification procedures of the Committees on (e) TERM OF EMPLOYMENT.— agreed to by the head of such agency and the Appropriations. (1) IN GENERAL.—Except as provided in para- Corporation for carrying out this title. FOREIGN MILITARY FINANCING PROGRAM graphs (2) and (3), no individual may be em- SEC. 320. ADMINISTRATIVE AUTHORITIES. The (INCLUDING TRANSFER OF FUNDS) ployed by the Corporation for a total period of Corporation is authorized to use any of the ad- For expenses necessary for grants to enable employment that exceeds 5 years. ministrative authorities contained in the State the President to carry out the provisions of sec- (2) EXCEPTED POSITIONS.—The CEO, and not Department Basic Authorities Act of 1956 (22 tion 23 of the Arms Export Control Act, more than 3 other employees of the Corporation U.S.C. 2651a et seq.) and the Foreign Assistance $4,384,000,000: Provided, That of the funds ap- who are designated by the CEO, may be em- Act of 1961 (22 U.S.C. 2151 et seq.) unless such propriated under this heading, not less than ployed by the Corporation for an unlimited pe- authority is inconsistent with a provision of this $2,160,000,000 shall be available for grants only riod of employment. title. (3) WAIVER.—The CEO may waive the max- SEC. 321. APPLICABILITY OF CHAPTER 91 OF for Israel, and not less than $1,300,000,000 shall imum term of employment described in para- TITLE 31, UNITED STATES CODE. The Corpora- be made available for grants only for Egypt: graph (1) if the CEO determines that such waiv- tion shall be subject to chapter 91 of title 31, Provided further, That the funds appropriated er is essential to the achievement of the pur- United States Code. by this paragraph for Israel shall be disbursed poses of this title. SEC. 322. ESTABLISHMENT OF THE MILLENNIUM within 30 days of the enactment of this Act: (f) AUTHORITY FOR TEMPORARY EMPLOYEES.— CHALLENGE ACCOUNT. There is established on Provided further, That to the extent that the The CEO may procure temporary and intermit- the books of the Treasury an account to be Government of Israel requests that funds be tent services under section 3109(b) of title 5, known as the Millennium Challenge Account used for such purposes, grants made available United States Code, at rates for individuals that shall be administered by the CEO under the for Israel by this paragraph shall, as agreed by which do not exceed the daily equivalent of the direction of the Board. All amounts made avail- Israel and the United States, be available for annual rate of basic pay prescribed for level V able to carry out the provisions of this title shall advanced weapons systems, of which not less of the Executive Schedule under section 5316 of be deposited into such Account and such than $568,000,000 shall be available for the pro- such title. amounts shall be available to carry out such curement in Israel of defense articles and de- (g) DETAIL OF FEDERAL EMPLOYEES TO THE provisions. fense services, including research and develop- CORPORATION.—Any Federal Government em- SEC. 323. AUTHORIZATION OF APPROPRIATIONS. ment: Provided further, That of the funds ap- ployee may be detailed to the Corporation on a (a) IN GENERAL.—There are authorized to be appropriated by this paragraph, $206,000,000 shall fully or partially reimbursable or on a nonreim- propriated to carry out the provisions of this be made available for assistance for Jordan: bursable basis, and such detail shall be without title $1,000,000,000 for fiscal year 2004, Provided further, That of the funds appro- interruption or loss of civil service or Foreign $2,300,000,000 for fiscal year 2005, and priated by this paragraph, $27,000,000 shall be Service status or privilege. $5,000,000,000 for fiscal year 2006. made available for assistance for Poland: Pro- (h) REINSTATEMENT.—An employee of the Fed- (b) AVAILABILITY.—Funds appropriated under vided further, That of the funds appropriated eral Government serving under a career or ca- subsection (a)— by this paragraph, $2,500,000 shall be made reer conditional appointment, or the equivalent, (1) are authorized to remain available until available for assistance for Armenia: Provided in a Federal agency who transfers to or converts expended, subject to appropriations acts; and further, That of the funds appropriated by this to an appointment in the Corporation with the (2) are in addition to funds otherwise avail- paragraph, $15,000,000 shall be transferred to consent of the head of the agency is entitled to able for such purposes. and merged with funds appropriated under the be returned to the employee’s former position or (c) ALLOCATION OF FUNDS.— heading ‘‘Nonproliferation, Anti-Terrorism, a position of like seniority, status, and pay (1) IN GENERAL.—The Corporation may allo- Demining and Related Programs’’, and made without grade or pay reduction in the agency if cate or transfer to any agency of the United available, in addition to amounts otherwise the employee— States Government any of the funds available available for such purposes, as follows: (1) is being separated from the Corporation for for carrying out this title. Such funds shall be $10,000,000, to remain available until expended, reasons other than misconduct, neglect of duty, available for obligation and expenditure for the shall be made available to carry out the provi- or malfeasance; and purposes for which authorized, in accordance sions of section 504 of the FREEDOM Support

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13816 CONGRESSIONAL RECORD — SENATE November 3, 2003 Act for the Nonproliferation and Disarmament tees on Appropriations: Provided further, That sources of the African Development Fund, Fund, notwithstanding any other provision of foreign military financing program funds esti- $118,081,000, to remain available until expended. law, to promote bilateral and multilateral activi- mated to be outlayed for Egypt during fiscal CONTRIBUTION TO THE EUROPEAN BANK FOR ties relating to nonproliferation and disar- year 2004 shall be transferred to an interest RECONSTRUCTION AND DEVELOPMENT mament; $2,000,000 shall be made available to bearing account for Egypt in the Federal Re- For payment to the European Bank for Re- carry out the provisions of chapter 8 of part II serve Bank of New York within 30 days of en- construction and Development by the Secretary of the Foreign Assistance Act of 1961 for the actment of this Act. of the Treasury, $35,431,000, for the United Small Arms/Light Weapons Destruction pro- PEACEKEEPING OPERATIONS States share of the paid-in portion of the in- gram; and $3,000,000 shall be made available as For necessary expenses to carry out the provi- crease in capital stock, to remain available until an additional contribution to the International sions of section 551 of the Foreign Assistance expended. Atomic Energy Agency: Provided further, That Act of 1961, $84,900,000: Provided, That none of LIMITATION ON CALLABLE CAPITAL of the funds appropriated by this paragraph, the funds appropriated under this heading shall SUBSCRIPTIONS not less than $17,000,000 shall be transferred to be obligated or expended except as provided The United States Governor of the European and merged with funds appropriated under the through the regular notification procedures of Bank for Reconstruction and Development may heading ‘‘Andean Counterdrug Initiative’’ and the Committees on Appropriations. subscribe without fiscal year limitation to the made available for aircraft and related assist- TITLE V—MULTILATERAL ECONOMIC callable capital portion of the United States ance for the Colombian National Police: Pro- ASSISTANCE share of such capital stock in an amount not to vided further, That funds appropriated by this exceed $122,085,000. paragraph shall be nonrepayable notwith- FUNDS APPROPRIATED TO THE PRESIDENT CONTRIBUTION TO THE INTERNATIONAL FUND FOR standing any requirement in section 23 of the INTERNATIONAL FINANCIAL INSTITUTIONS AGRICULTURAL DEVELOPMENT Arms Export Control Act: Provided further, GLOBAL ENVIRONMENT FACILITY That funds made available under this para- For the United States contribution for the For the United States contribution by the Sec- graph shall be obligated upon apportionment in Global Environment Facility, $170,997,000 to the retary of the Treasury to increase the resources accordance with paragraph (5)(C) of title 31, International Bank for Reconstruction and De- of the International Fund for Agricultural De- United States Code, section 1501(a). velopment as trustee for the Global Environment velopment, $15,004,000, to remain available until None of the funds made available under this Facility, by the Secretary of the Treasury, to re- expended. heading shall be available to finance the pro- main available until expended. INTERNATIONAL ORGANIZATIONS AND PROGRAMS curement of defense articles, defense services, or CONTRIBUTION TO THE INTERNATIONAL For necessary expenses to carry out the provi- design and construction services that are not DEVELOPMENT ASSOCIATION sions of section 301 of the Foreign Assistance sold by the United States Government under the For payment to the International Develop- Act of 1961, and of section 2 of the United Na- Arms Export Control Act unless the foreign ment Association by the Secretary of the Treas- tions Environment Program Participation Act of country proposing to make such procurements ury, $976,825,000, to remain available until ex- 1973, $322,550,000: Provided, That of the funds has first signed an agreement with the United pended. appropriated under this heading, $120,000,000 States Government specifying the conditions CONTRIBUTION TO THE MULTILATERAL shall be made available for a contribution to the under which such procurements may be fi- INVESTMENT GUARANTEE AGENCY United Nations Children’s Fund, $11,428,500 nanced with such funds: Provided, That all For payment to the Multilateral Investment shall be made available for a contribution to the country and funding level increases in alloca- Guarantee Agency by the Secretary of the United Nations Environment Program, tions shall be submitted through the regular no- Treasury, $1,124,000, for the United States paid- $5,465,875 shall be made available for the United tification procedures of section 615 of this Act: in share of the increase in capital stock, to re- Nations Voluntary Fund for Victims of Torture, Provided further, That none of the funds appro- main available until expended. $3,621,250 shall be made available for the Orga- priated under this heading shall be available for LIMITATION ON CALLABLE CAPITAL nization of American States Fund for Strength- assistance for Sudan, Guatemala and Liberia: SUBSCRIPTIONS ening Democracy, $1,937,975 shall be made avail- Provided further, That funds made available The United States Governor of the Multilat- able for International Contributions for Sci- under this heading may be used, notwith- eral Investment Guarantee Agency may sub- entific, Educational and Cultural Activities, standing any other provision of law, for scribe without fiscal year limitation for the call- $1,000,000 shall be made available for the United demining, the clearance of unexploded ord- able capital portion of the United States share Nations Center for Human Settlements, nance, and related activities, and may include of such capital stock in an amount not to exceed $1,500,000 shall be made available for the United activities implemented through nongovern- $16,340,000. Nations Fund for Human Rights, $6,732,750 mental and international organizations: Pro- CONTRIBUTION TO THE INTER-AMERICAN shall be made available for International Con- vided further, That the authority contained in INVESTMENT CORPORATION servation Programs, and $5,600,000 shall be the previous proviso or any other provision of made available for the Intergovernmental Panel law relating to the use of funds for programs For payment to the Inter-American Invest- on Climate Change/United Nations Framework under this heading, including provisions con- ment Corporation, by the Secretary of the Treas- Convention on Climate Change: Provided fur- tained in previously enacted appropriations ury, $898,000, for the United States share of the ther, That none of the funds appropriated Acts, shall not apply to activities relating to the increase in subscriptions to capital stock, to re- under this heading may be made available to clearance of unexploded ordnance resulting main available until expended. the International Atomic Energy Agency from United States Armed Forces testing or CONTRIBUTION TO THE ENTERPRISE FOR THE (IAEA). training exercises: Provided further, That the AMERICAS MULTILATERAL INVESTMENT FUND previous proviso shall not apply to San Jose Is- For payment to the Enterprise for the Amer- TITLE VI—GENERAL PROVISIONS land, Republic of Panama: Provided further, icas Multilateral Investment Fund by the Sec- OBLIGATIONS DURING LAST MONTH OF That only those countries for which assistance retary of the Treasury, for the United States AVAILABILITY was justified for the ‘‘Foreign Military Sales Fi- contribution to the fund, $30,614,000, to remain SEC. 601. Except for the appropriations enti- nancing Program’’ in the fiscal year 1989 con- available until expended. tled ‘‘International Disaster Assistance’’ and gressional presentation for security assistance CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND ‘‘United States Emergency Refugee and Migra- programs may utilize funds made available For the United States contribution by the Sec- tion Assistance Fund’’, not more than 15 per- under this heading for procurement of defense retary of the Treasury to the increase in recent of any appropriation item made available articles, defense services or design and construc- sources of the Asian Development Fund, as au- by this Act shall be obligated during the last tion services that are not sold by the United thorized by the Asian Development Bank Act, as month of availability. States Government under the Arms Export Con- amended, $136,921,000, to remain available until PRIVATE AND VOLUNTARY ORGANIZATIONS trol Act: Provided further, That funds appro- expended. SEC. 602. (a) None of the funds appropriated priated under this heading shall be expended at CONTRIBUTION TO THE AFRICAN DEVELOPMENT or otherwise made available by this Act for de- the minimum rate necessary to make timely pay- BANK velopment assistance may be made available to ment for defense articles and services: Provided For payment to the African Development any United States private and voluntary organi- further, That not more than $40,500,000 of the Bank by the Secretary of the Treasury, zation, except any cooperative development or- funds appropriated under this heading may be $5,105,000, for the United States paid-in share of ganization, which obtains less than 20 percent obligated for necessary expenses, including the the increase in capital stock, to remain available of its total annual funding for international ac- purchase of passenger motor vehicles for re- until expended. tivities from sources other than the United placement only for use outside of the United LIMITATION ON CALLABLE CAPITAL States Government: Provided, That the Adminis- States, for the general costs of administering SUBSCRIPTIONS trator of the United States Agency for Inter- military assistance and sales: Provided further, The United States Governor of the African national Development, after informing the Com- That not more than $361,000,000 of funds real- Development Bank may subscribe without fiscal mittees on Appropriations, may, on a case-by- ized pursuant to section 21(e)(1)(A) of the Arms year limitation for the callable capital portion of case basis, waive the restriction contained in Export Control Act may be obligated for ex- the United States share of such capital stock in this subsection, after taking into account the ef- penses incurred by the Department of Defense an amount not to exceed $79,610,000. fectiveness of the overseas development activities during fiscal year 2004 pursuant to section 43(b) CONTRIBUTION TO THE AFRICAN DEVELOPMENT of the organization, its level of volunteer sup- of the Arms Export Control Act, except that this FUND port, its financial viability and stability, and limitation may be exceeded only through the For the United States contribution by the Sec- the degree of its dependence for its financial regular notification procedures of the Commit- retary of the Treasury to the increase in re- support on the agency.

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(b) Funds appropriated or otherwise made MILITARY COUPS LIMITATION ON ASSISTANCE TO COUNTRIES IN available under title II of this Act should be SEC. 608. None of the funds appropriated or DEFAULT made available to private and voluntary organi- otherwise made available pursuant to this Act SEC. 612. No part of any appropriation con- zations at a level which is at least equivalent to shall be obligated or expended to finance di- tained in this Act shall be used to furnish assist- the level provided in fiscal year 1995. rectly any assistance to the government of any ance to the government of any country which is LIMITATION ON RESIDENCE EXPENSES country whose duly elected head of government in default during a period in excess of one calendar year in payment to the United States of SEC. 603. Of the funds appropriated or made is deposed by decree or military coup: Provided, available pursuant to this Act, not to exceed That assistance may be resumed to such govern- principal or interest on any loan made to the $100,500 shall be for official residence expenses ment if the President determines and certifies to government of such country by the United of the United States Agency for International the Committees on Appropriations that subse- States pursuant to a program for which funds Development during the current fiscal year: quent to the termination of assistance a demo- are appropriated under this Act unless the Provided, That appropriate steps shall be taken cratically elected government has taken office: President determines, following consultations to assure that, to the maximum extent possible, Provided further, That the provisions of this with the Committees on Appropriations, that as- United States-owned foreign currencies are uti- section shall not apply to assistance to promote sistance to such country is in the national inter- lized in lieu of dollars. democratic elections or public participation in est of the United States. COMMERCE AND TRADE LIMITATION ON EXPENSES democratic processes: Provided further, That funds made available pursuant to the previous SEC. 613. (a) None of the funds appropriated SEC. 604. Of the funds appropriated or made provisos shall be subject to the regular notifica- or made available pursuant to this Act for direct available pursuant to this Act, not to exceed tion procedures of the Committees on Appropria- assistance and none of the funds otherwise $5,000 shall be for entertainment expenses of the tions. made available pursuant to this Act to the Ex- United States Agency for International Develop- port-Import Bank and the Overseas Private In- TRANSFERS ment during the current fiscal year. vestment Corporation shall be obligated or ex- LIMITATION ON REPRESENTATIONAL ALLOWANCES SEC. 609. (a) TRANSFERS BETWEEN AC- pended to finance any loan, any assistance or COUNTS.— None of the funds made available by SEC. 605. Of the funds appropriated or made any other financial commitments for estab- this Act may be obligated under an appropria- available pursuant to this Act, not to exceed lishing or expanding production of any com- tion account to which they were not appro- $125,000 shall be available for representation al- modity for export by any country other than the priated, except for transfers specifically pro- lowances for the United States Agency for Inter- United States, if the commodity is likely to be in vided for in this Act, unless the President, not national Development during the current fiscal surplus on world markets at the time the result- less than five days prior to the exercise of any year: Provided, That appropriate steps shall be ing productive capacity is expected to become authority contained in the Foreign Assistance taken to assure that, to the maximum extent operative and if the assistance will cause sub- Act of 1961 to transfer funds, consults with and possible, United States-owned foreign currencies stantial injury to United States producers of the provides a written policy justification to the are utilized in lieu of dollars: Provided further, same, similar, or competing commodity: Pro- Committees on Appropriations of the House of That of the funds made available by this Act for vided, That such prohibition shall not apply to Representatives and the Senate. general costs of administering military assist- the Export-Import Bank if in the judgment of its ance and sales under the heading ‘‘Foreign (b) AUDIT OF INTER-AGENCY TRANSFERS.—Any Board of Directors the benefits to industry and Military Financing Program’’, not to exceed agreement for the transfer or allocation of funds employment in the United States are likely to $2,000 shall be available for entertainment ex- appropriated by this Act, or prior Acts, entered outweigh the injury to United States producers penses and not to exceed $125,000 shall be avail- into between the United States Agency for Inter- of the same, similar, or competing commodity, able for representation allowances: Provided national Development and another agency of and the Chairman of the Board so notifies the further, That of the funds made available by the United States Government under the author- Committees on Appropriations. this Act under the heading ‘‘International Mili- ity of section 632(a) of the Foreign Assistance (b) None of the funds appropriated by this or tary Education and Training’’, not to exceed Act of 1961 or any comparable provision of law, any other Act to carry out chapter 1 of part I $50,000 shall be available for entertainment al- shall expressly provide that the Office of the In- of the Foreign Assistance Act of 1961 shall be lowances: Provided further, That of the funds spector General for the agency receiving the available for any testing or breeding feasibility made available by this Act for the Inter-Amer- transfer or allocation of such funds shall per- study, variety improvement or introduction, ican Foundation, not to exceed $2,000 shall be form periodic program and financial audits of consultancy, publication, conference, or train- available for entertainment and representation the use of such funds: Provided, That funds ing in connection with the growth or production allowances: Provided further, That of the funds transferred under such authority may be made in a foreign country of an agricultural com- made available by this Act for the Peace Corps, available for the cost of such audits. modity for export which would compete with a not to exceed a total of $4,000 shall be available DEOBLIGATION/REOBLIGATION AUTHORITY similar commodity grown or produced in the United States: Provided, That this subsection for entertainment expenses: Provided further, SEC. 610. Obligated balances of funds appro- That of the funds made available by this Act shall not prohibit— priated to carry out section 23 of the Arms Ex- (1) activities designed to increase food security under the heading ‘‘Trade and Development port Control Act as of the end of the fiscal year Agency’’, not to exceed $2,000 shall be available in developing countries where such activities immediately preceding the current fiscal year will not have a significant impact on the export for representation and entertainment allow- are, if deobligated, hereby continued available ances. of agricultural commodities of the United States; during the current fiscal year for the same pur- or PROHIBITION ON FINANCING NUCLEAR GOODS pose under any authority applicable to such ap- (2) research activities intended primarily to SEC. 606. None of the funds appropriated or propriations under this Act: Provided, That the benefit American producers. authority of this section may not be used in fis- made available (other than funds for ‘‘Non- SURPLUS COMMODITIES cal year 2004. proliferation, Anti-terrorism, Demining and Re- SEC. 614. The Secretary of the Treasury shall lated Programs’’) pursuant to this Act, for car- AVAILABILITY OF FUNDS instruct the United States Executive Directors of rying out the Foreign Assistance Act of 1961, SEC. 611. No part of any appropriation con- the International Bank for Reconstruction and may be used, except for purposes of nuclear tained in this Act shall remain available for ob- Development, the International Development safety, to finance the export of nuclear equip- ligation after the expiration of the current fiscal Association, the International Finance Corpora- ment, fuel, or technology. year unless expressly so provided in this Act: tion, the Inter-American Development Bank, the PROHIBITION AGAINST DIRECT FUNDING FOR Provided, That funds appropriated for the pur- International Monetary Fund, the Asian Devel- CERTAIN COUNTRIES poses of chapters 1, 8, 11, and 12 of part I, sec- opment Bank, the Inter-American Investment SEC. 607. None of the funds appropriated or tion 667, chapter 4 of part II of the Foreign As- Corporation, the North American Development otherwise made available pursuant to this Act sistance Act of 1961, as amended, section 23 of Bank, the European Bank for Reconstruction shall be obligated or expended to finance di- the Arms Export Control Act, and funds pro- and Development, the African Development rectly any assistance or reparations to Cuba, vided under the heading ‘‘Assistance for East- Bank, and the African Development Fund to Libya, North Korea, Iran, Sudan, or Syria: Pro- ern Europe and the Baltic States’’, shall remain use the voice and vote of the United States to vided, That, for the purposes of section 501 of available for an additional four years from the oppose any assistance by these institutions, Public Law 106–570, the terms ‘‘areas outside of date on which the availability of such funds using funds appropriated or made available pur- control of the Government of Sudan’’ and ‘‘area would otherwise have expired, if such funds are suant to this Act, for the production or extrac- in Sudan outside of control of the Government initially obligated before the expiration of their tion of any commodity or mineral for export, if of Sudan’’ shall, upon conclusion of a peace respective periods of availability contained in it is in surplus on world markets and if the as- agreement between the Government of Sudan this Act: Provided further, That, notwith- sistance will cause substantial injury to United and the Sudan People’s Liberation Movement, standing any other provision of this Act, any States producers of the same, similar, or com- have the same meaning and application as was funds made available for the purposes of chap- peting commodity. the case immediately prior to the conclusion of ter 1 of part I and chapter 4 of part II of the NOTIFICATION REQUIREMENTS such agreement: Provided further, That for pur- Foreign Assistance Act of 1961 which are allo- SEC. 615. For the purposes of providing the ex- poses of this section, the prohibition on obliga- cated or obligated for cash disbursements in ecutive branch with the necessary administrations or expenditures shall include direct loans, order to address balance of payments or eco- tive flexibility, none of the funds made available credits, insurance and guarantees of the Export- nomic policy reform objectives, shall remain under this Act for ‘‘Child Survival and Health Import Bank or its agents. available until expended. Programs Fund’’, ‘‘Development Assistance’’,

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13818 CONGRESSIONAL RECORD — SENATE November 3, 2003 ‘‘International Organizations and Programs’’, (2) if that government applies or transfers eign Assistance Act of 1961, as amended, may be ‘‘Trade and Development Agency’’, ‘‘Inter- United States assistance to any entity for the used to pay for any biomedical research which national Narcotics Control and Law Enforce- purpose of expropriating or seizing ownership or relates in whole or in part, to methods of, or the ment’’, ‘‘Andean Counterdrug Initia- control of assets, investments, or ventures. performance of, abortions or involuntary steri- tive’’,‘‘Assistance for Eastern Europe and the Assistance may be furnished without regard to lization as a means of family planning. None of Baltic States’’, ‘‘Assistance for the Independent this subsection if the President determines that the funds made available to carry out part I of States of the Former Soviet Union’’, ‘‘Economic to do so is in the national interest. the Foreign Assistance Act of 1961, as amended, Support Fund’’, ‘‘Peacekeeping Operations’’, (b) None of the funds appropriated under the may be obligated or expended for any country or ‘‘Capital Investment Fund’’, ‘‘Operating Ex- heading ‘‘Assistance for the Independent States organization if the President certifies that the penses of the United States Agency for Inter- of the Former Soviet Union’’ shall be made use of these funds by any such country or orga- national Development’’, ‘‘Operating Expenses of available for assistance for a government of an nization would violate any of the above provi- the United States Agency for International De- Independent State of the former Soviet Union if sions related to abortions and involuntary steri- velopment Office of Inspector General’’, ‘‘Non- that government directs any action in violation lizations. proliferation, Anti-terrorism, Demining and Re- of the territorial integrity or national sov- EXPORT FINANCING TRANSFER AUTHORITIES lated Programs’’, ‘‘Foreign Military Financing ereignty of any other Independent State of the SEC. 619. Not to exceed 5 percent of any ap- Program’’, ‘‘International Military Education former Soviet Union, such as those violations in- propriation other than for administrative ex- and Training’’, ‘‘Peace Corps’’, and ‘‘Migration cluded in the Helsinki Final Act: Provided, That penses made available for fiscal year 2004, for and Refugee Assistance’’, shall be available for such funds may be made available without re- programs under title I of this Act may be trans- obligation for activities, programs, projects, type gard to the restriction in this subsection if the ferred between such appropriations for use for of materiel assistance, countries, or other oper- President determines that to do so is in the na- any of the purposes, programs, and activities for ations not justified or in excess of the amount tional security interest of the United States. which the funds in such receiving account may justified to the Committees on Appropriations (c) None of the funds appropriated under the be used, but no such appropriation, except as for obligation under any of these specific head- heading ‘‘Assistance for the Independent States otherwise specifically provided, shall be in- ings unless the Committees on Appropriations of of the Former Soviet Union’’ shall be made creased by more than 25 percent by any such both Houses of Congress are previously notified available for any state to enhance its military transfer: Provided, That the exercise of such au- 15 days in advance: Provided, That the Presi- capability: Provided, That this restriction does thority shall be subject to the regular notifica- dent shall not enter into any commitment of not apply to demilitarization, demining or non- tion procedures of the Committees on Appropria- funds appropriated for the purposes of section proliferation programs. tions. 23 of the Arms Export Control Act for the provi- (d) Funds appropriated under the heading SPECIAL NOTIFICATION REQUIREMENTS sion of major defense equipment, other than ‘‘Assistance for the Independent States of the SEC. 620. None of the funds appropriated by conventional ammunition, or other major de- Former Soviet Union’’ for the Russian Federa- this Act shall be obligated or expended for Co- fense items defined to be aircraft, ships, missiles, tion, Armenia, Georgia, and Ukraine shall be lombia, Liberia, Serbia, Sudan, Zimbabwe, Paki- or combat vehicles, not previously justified to subject to the regular notification procedures of stan, or the Democratic Republic of the Congo Congress or 20 percent in excess of the quan- the Committees on Appropriations. except as provided through the regular notifica- tities justified to Congress unless the Committees (e) Funds made available in this Act for as- tion procedures of the Committees on Appropria- on Appropriations are notified 15 days in ad- sistance for the Independent States of the tions. vance of such commitment: Provided further, former Soviet Union shall be subject to the pro- That this section shall not apply to any re- DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY visions of section 117 (relating to environment programming for an activity, program, or project SEC. 621. For the purpose of this Act, ‘‘pro- and natural resources) of the Foreign Assistance under chapter 1 of part I of the Foreign Assist- gram, project, and activity’’ shall be defined at Act of 1961. ance Act of 1961 of less than 10 percent of the the appropriations Act account level and shall (f) Funds appropriated in this or prior appro- amount previously justified to the Congress for include all appropriations and authorizations priations Acts that are or have been made avail- obligation for such activity, program, or project Acts earmarks, ceilings, and limitations with the able for an Enterprise Fund in the Independent for the current fiscal year: Provided further, exception that for the following accounts: Eco- States of the Former Soviet Union may be depos- That the requirements of this section or any nomic Support Fund and Foreign Military Fi- similar provision of this Act or any other Act, ited by such Fund in interest-bearing accounts nancing Program, ‘‘program, project, and activ- including any prior Act requiring notification in prior to the disbursement of such funds by the ity’’ shall also be considered to include country, accordance with the regular notification proce- Fund for program purposes. The Fund may re- regional, and central program level funding dures of the Committees on Appropriations, may tain for such program purposes any interest within each such account; for the development be waived if failure to do so would pose a sub- earned on such deposits without returning such assistance accounts of the United States Agency stantial risk to human health or welfare: Pro- interest to the Treasury of the United States for International Development ‘‘program, vided further, That in case of any such waiver, and without further appropriation by the Con- project, and activity’’ shall also be considered to notification to the Congress, or the appropriate gress. Funds made available for Enterprise include central, country, regional, and program congressional committees, shall be provided as Funds shall be expended at the minimum rate level funding, either as: (1) justified to the Con- early as practicable, but in no event later than necessary to make timely payment for projects gress; or (2) allocated by the executive branch in 3 days after taking the action to which such no- and activities. accordance with a report, to be provided to the tification requirement was applicable, in the (g) In issuing new task orders, entering into Committees on Appropriations within 30 days of context of the circumstances necessitating such contracts, or making grants, with funds appro- the enactment of this Act, as required by section waiver: Provided further, That any notification priated in this Act or prior appropriations Acts 653(a) of the Foreign Assistance Act of 1961. provided pursuant to such a waiver shall con- under the heading ‘‘Assistance for the Inde- CHILD SURVIVAL AND HEALTH ACTIVITIES tain an explanation of the emergency cir- pendent States of the Former Soviet Union’’ and SEC. 622. Up to $15,500,000 of the funds made cumstances. under comparable headings in prior appropria- available by this Act for assistance under the LIMITATION ON AVAILABILITY OF FUNDS FOR tions Acts, for projects or activities that have as heading ‘‘Child Survival and Health Programs INTERNATIONAL ORGANIZATIONS AND PROGRAMS one of their primary purposes the fostering of Fund’’, may be used to reimburse United States SEC. 616. Subject to the regular notification private sector development, the Coordinator for Government agencies, agencies of State govern- procedures of the Committees on Appropriations, United States Assistance to the New Inde- ments, institutions of higher learning, and pri- funds appropriated under this Act or any pre- pendent States and the implementing agency vate and voluntary organizations for the full viously enacted Act making appropriations for shall encourage the participation of and give cost of individuals (including for the personal foreign operations, export financing, and re- significant weight to contractors and grantees services of such individuals) detailed or assigned lated programs, which are returned or not made who propose investing a significant amount of to, or contracted by, as the case may be, the available for organizations and programs be- their own resources (including volunteer serv- United States Agency for International Develop- cause of the implementation of section 307(a) of ices and in-kind contributions) in such projects ment for the purpose of carrying out activities the Foreign Assistance Act of 1961, shall remain and activities. under that heading: Provided, That up to available for obligation until September 30, 2005. PROHIBITION ON FUNDING FOR ABORTIONS AND $3,500,000 of the funds made available by this INDEPENDENT STATES OF THE FORMER SOVIET INVOLUNTARY STERILIZATION Act for assistance under the heading ‘‘Develop- UNION SEC. 618. None of the funds made available to ment Assistance’’ may be used to reimburse such SEC. 617. (a) None of the funds appropriated carry out part I of the Foreign Assistance Act of agencies, institutions, and organizations for under the heading ‘‘Assistance for the Inde- 1961, as amended, may be used to pay for the such costs of such individuals carrying out pendent States of the Former Soviet Union’’ performance of abortions as a method of family other development assistance activities: Pro- shall be made available for assistance for a gov- planning or to motivate or coerce any person to vided further, That funds appropriated by this ernment of an Independent State of the former practice abortions. None of the funds made Act that are made available for child survival Soviet Union— available to carry out part I of the Foreign As- activities or disease programs including activi- (1) unless that government is making progress sistance Act of 1961, as amended, may be used to ties relating to research on, and the prevention, in implementing comprehensive economic repay for the performance of involuntary steriliza- treatment and control of, HIV/AIDS may be forms based on market principles, private own- tion as a method of family planning or to coerce made available notwithstanding any other pro- ership, respect for commercial contracts, and eq- or provide any financial incentive to any person vision of law except for the United States Lead- uitable treatment of foreign private investment; to undergo sterilizations. None of the funds ership Against HIV/AIDS, Tuberculosis, and and made available to carry out part I of the For- Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13819 et seq.) as amended by section 699J of this Act: and ‘‘Nonproliferation, Anti-Terrorism, shall be made available for the National Endow- Provided further, That funds appropriated Demining and Related Programs’’, may be obli- ment for Democracy to support the activities de- under title II of this Act may be made available gated and expended notwithstanding section 10 scribed in subsection (b): Provided, That the pursuant to section 301 of the Foreign Assist- of Public Law 91–672 and section 15 of the State funds appropriated by this Act that are made ance Act of 1961 if a primary purpose of the as- Department Basic Authorities Act of 1956. available for the National Endowment for De- sistance is for child survival and related pro- DEMOCRACY PROGRAMS mocracy may be made available notwith- grams: Provided further, That of the funds ap- SEC. 626. (a) Notwithstanding any other provi- standing any other provision of law or regula- propriated under title II of this Act, not less sion of law, of the funds appropriated by this tion, and the Secretary of State shall provide a than $445,000,000 shall be made available for Act to carry out the provisions of chapter 4 of report to the Committees on Appropriations family planning/reproductive health. part II of the Foreign Assistance Act of 1961, not within 120 days of the date of enactment of this AFGHANISTAN less than $35,000,000 shall be made available for Act on the status of the allocation, obligation, SEC. 623. Of the funds appropriated by this assistance for activities to support democracy, and expenditure of such funds. Act, $600,000,000 shall be made available for as- human rights, and the rule of law in the Peo- PROHIBITION ON BILATERAL ASSISTANCE TO sistance for Afghanistan, of which not less than ple’s Republic of China, Hong Kong and Tibet: TERRORIST COUNTRIES $395,000,000 shall be made available for humani- Provided, That not to exceed $4,000,000 shall be SEC. 627. (a) Funds appropriated for bilateral tarian, reconstruction, and related assistance: provided to nongovernmental organizations to assistance under any heading of this Act and Provided, That of the funds made available pur- support activities which preserve cultural tradi- funds appropriated under any such heading in suant to this section, not less than $164,000,000 tions and promote sustainable development and a provision of law enacted prior to the enact- should be from funds appropriated under the environmental conservation in Tibetan commu- ment of this Act, shall not be made available to heading ‘‘Economic Support Fund’’ for rehabili- nities in the Tibetan Autonomous Region and in any country which the President determines— tation of primary roads, implementation of the other Tibetan communities in China, of which (1) grants sanctuary from prosecution to any Bonn Agreement and women’s development pro- up to $3,000,000 may be made available for the individual or group which has committed an act grams: Provided further, That of the funds Bridge Fund of the Rockefeller Philanthropic of international terrorism; or made available pursuant to this section, not less Advisors to support such activities: Provided (2) otherwise supports international terrorism. than $5,000,000 shall be made available for a re- further, That funds appropriated under the (b) The President may waive the application forestation program in Afghanistan which heading ‘‘Economic Support Fund’’ should be of subsection (a) to a country if the President should utilize, as appropriate, the technical ex- made available for assistance for Taiwan for the determines that national security or humani- pertise of American universities: Provided fur- purposes of furthering political and legal re- tarian reasons justify such waiver. The Presi- ther, That funds made available pursuant to the forms: Provided further, That such funds shall dent shall publish each waiver in the Federal previous proviso should be matched, to the max- only be made available to the extent that they Register and, at least 15 days before the waiver imum extent possible, with contributions from are matched from sources other than the United takes effect, shall notify the Committees on Ap- American and Afghan businesses: Provided fur- States Government: Provided further, That propriations of the waiver (including the jus- ther, That of the funds made available pursuant funds made available pursuant to the authority tification for the waiver) in accordance with the to this section, not less than $4,500,000 shall be of this subsection shall be subject to the regular regular notification procedures of the Commit- made available for the Afghan Independent notification procedures of the Committees on tees on Appropriations. Human Rights Commission and not less than Appropriations. DEBT-FOR-DEVELOPMENT $2,500,000 shall be made available for the Af- (b) In addition to the funds made available in SEC. 628. In order to enhance the continued ghan Judicial Reform Commission: Provided fur- subsection (a), of the funds appropriated by this participation of nongovernmental organizations ther, That of the funds made available pursuant Act under the heading ‘‘Economic Support in economic assistance activities under the For- to this section, not less than $25,000,000 shall be Fund’’ not less than $25,000,000 shall be made eign Assistance Act of 1961, including endow- made available to support activities of the Af- available for programs and activities to foster ments, debt-for-development and debt-for-nature ghan Ministry of Women’s Affairs, including to democracy, human rights, civic education, wom- exchanges, a nongovernmental organization improve the capacity and effectiveness of the en’s development, press freedoms, and the rule which is a grantee or contractor of the United Ministry, and to support programs aimed at ad- of law in countries with a significant Muslim States Agency for International Development dressing the needs of Afghan women in con- population, and where such programs and ac- may place in interest bearing accounts funds sultation with other Afghan ministries: Provided tivities would be important to United States ef- made available under this Act or prior Acts or further, That funds made available pursuant to forts to respond to, deter, or prevent acts of local currencies which accrue to that organiza- this section shall be made available for training international terrorism: Provided, That funds tion as a result of economic assistance provided and equipment to improve the capacity of made available pursuant to the authority of this under title II of this Act and any interest earned women-led Afghan nongovernmental organiza- subsection should support new initiatives or bol- on such investment shall be used for the purpose tions and to support the activities of such orga- ster ongoing programs and activities in those for which the assistance was provided to that nizations: Provided further, That not less than countries: Provided further, That not less than organization. $2,500,000 shall be made available for assistance $3,000,000 of such funds shall be made available SEPARATE ACCOUNTS for Afghan communities and families that suffer for programs and activities that provide profes- SEC. 629. (a) SEPARATE ACCOUNTS FOR LOCAL losses as a result of the military operations. sional training for journalists: Provided further, CURRENCIES.—(1) If assistance is furnished to NOTIFICATION ON EXCESS DEFENSE EQUIPMENT That notwithstanding any other provision of the government of a foreign country under SEC. 624. Prior to providing excess Department law, not to exceed $5,000,000 of such funds may chapters 1 and 10 of part I or chapter 4 of part of Defense articles in accordance with section be used in coordination with the Middle East II of the Foreign Assistance Act of 1961 under 516(a) of the Foreign Assistance Act of 1961, the Partnership Initiative for making grants to edu- agreements which result in the generation of Department of Defense shall notify the Commit- cational, humanitarian and nongovernmental local currencies of that country, the Adminis- tees on Appropriations to the same extent and organizations and individuals inside Iran to trator of the United States Agency for Inter- under the same conditions as are other commit- support the advancement of democracy and national Development shall— tees pursuant to subsection (f) of that section: human rights in Iran: Provided further, That (A) require that local currencies be deposited Provided, That before issuing a letter of offer to funds made available pursuant to this sub- in a separate account established by that gov- sell excess defense articles under the Arms Ex- section shall be subject to the regular notifica- ernment; port Control Act, the Department of Defense tion procedures of the Committees on Appropria- (B) enter into an agreement with that govern- shall notify the Committees on Appropriations tions. ment which sets forth— in accordance with the regular notification pro- (c) Of the funds made available under sub- (i) the amount of the local currencies to be cedures of such Committees if such defense arti- section (a), not less than $15,000,000 shall be generated; and cles are significant military equipment (as de- made available for the Human Rights and De- (ii) the terms and conditions under which the fined in section 47(9) of the Arms Export Control mocracy Fund of the Bureau of Democracy, currencies so deposited may be utilized, con- Act) or are valued (in terms of original acquisi- Human Rights and Labor, Department of State, sistent with this section; and tion cost) at $7,000,000 or more, or if notification to support the activities described in subsection (C) establish by agreement with that govern- is required elsewhere in this Act for the use of (a), and of the funds made available under sub- ment the responsibilities of the United States appropriated funds for specific countries that section (b), not less than $15,000,000 shall be Agency for International Development and that would receive such excess defense articles: Pro- made available for such Fund to support the ac- government to monitor and account for deposits vided further, That such Committees shall also tivities described in subsection (b): Provided, into and disbursements from the separate ac- be informed of the original acquisition cost of That funds made available in this section for count. such defense articles. such Fund are in addition to the $17,000,000 re- (2) USES OF LOCAL CURRENCIES.—As may be AUTHORIZATION REQUIREMENT quested by the President for the Fund for fiscal agreed upon with the foreign government, local SEC. 625. Funds appropriated by this Act, ex- year 2004. currencies deposited in a separate account pur- cept funds appropriated under the headings (d) Of the funds made available under sub- suant to subsection (a), or an equivalent ‘‘Trade and Development Agency’’, ‘‘Inter- section (a), not less than $10,000,000 shall be amount of local currencies, shall be used only— national Military Education and Training’’, made available for the National Endowment for (A) to carry out chapter 1 or 10 of part I or ‘‘Foreign Military Financing Program’’, ‘‘Mi- Democracy to support the activities described in chapter 4 of part II (as the case may be), for gration and Refugee Assistance’’, ‘‘Peace subsection (a), and of the funds made available such purposes as— Corps’’, ‘‘Millennium Challenge Assistance’’, under subsection (b), not less than $5,000,000 (i) project and sector assistance activities; or

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13820 CONGRESSIONAL RECORD — SENATE November 3, 2003 (ii) debt and deficit financing; or national Bank for Reconstruction and Develop- by this Act to carry out the provisions of sec- (B) for the administrative requirements of the ment, the Inter-American Development Bank, tions 103 through 106, and chapter 4 of part II, United States Government. the Asian Development Bank, the Asian Devel- of the Foreign Assistance Act of 1961 may be (3) PROGRAMMING ACCOUNTABILITY.—The opment Fund, the African Development Bank, used, notwithstanding any other provision of United States Agency for International Develop- the African Development Fund, the Inter- law, for the purpose of supporting tropical for- ment shall take all necessary steps to ensure national Monetary Fund, the North American estry and biodiversity conservation activities that the equivalent of the local currencies dis- Development Bank, and the European Bank for and energy programs aimed at reducing green- bursed pursuant to subsection (a)(2)(A) from the Reconstruction and Development. house gas emissions: Provided, That such assist- separate account established pursuant to sub- DISCRIMINATION AGAINST MINORITY RELIGIOUS ance shall be subject to sections 116, 502B, and section (a)(1) are used for the purposes agreed FAITHS IN THE RUSSIAN FEDERATION 620A of the Foreign Assistance Act of 1961. upon pursuant to subsection (a)(2). SEC. 631. None of the funds appropriated (c) PERSONAL SERVICES CONTRACTORS.—Funds (4) TERMINATION OF ASSISTANCE PROGRAMS.— under this Act may be made available for the appropriated by this Act to carry out chapter 1 Upon termination of assistance to a country Government of the Russian Federation, after 180 of part I, chapter 4 of part II, and section 667 under chapter 1 or 10 of part I or chapter 4 of days from the date of the enactment of this Act, of the Foreign Assistance Act of 1961, and title part II (as the case may be), any unencumbered unless the President determines and certifies in II of the Agricultural Trade Development and balances of funds which remain in a separate writing to the Committees on Appropriations Assistance Act of 1954, may be used by the account established pursuant to subsection (a) that the Government of the Russian Federation United States Agency for International Develop- shall be disposed of for such purposes as may be has implemented no statute, executive order, ment to employ up to 25 personal services con- agreed to by the government of that country regulation or similar government action that tractors in the United States, notwithstanding and the United States Government. would discriminate, or who have as its principal any other provision of law, for the purpose of (5) REPORTING REQUIREMENT.—The Adminis- effect discrimination, against religious groups or providing direct, interim support for new or ex- trator of the United States Agency for Inter- religious communities in the Russian Federation panded overseas programs and activities man- national Development shall report on an annual in violation of accepted international agree- aged by the agency until permanent direct hire basis as part of the justification documents sub- ments on human rights and religious freedoms personnel are hired and trained: Provided, That mitted to the Committees on Appropriations on to which the Russian Federation is a party. not more than 10 of such contractors shall be as- the use of local currencies for the administrative AUTHORITIES FOR THE PEACE CORPS, INTER-AMER- signed to any bureau or office: Provided further, requirements of the United States Government ICAN FOUNDATION AND AFRICAN DEVELOPMENT That such funds appropriated to carry out title as authorized in subsection (a)(2)(B), and such FOUNDATION II of the Agricultural Trade Development and report shall include the amount of local cur- SEC. 632. Unless expressly provided to the con- Assistance Act of 1954, may be made available rency (and United States dollar equivalent) used trary, provisions of this or any other Act, in- only for personal services contractors assigned and/or to be used for such purpose in each ap- cluding provisions contained in prior Acts au- to the Office of Food for Peace. plicable country. thorizing or making appropriations for foreign (d)(1) WAIVER.—The President may waive the (b) SEPARATE ACCOUNTS FOR CASH TRANS- operations, export financing, and related pro- provisions of section 1003 of Public Law 100–204 FERS.—(1) If assistance is made available to the grams, shall not be construed to prohibit activi- if the President determines and certifies in writ- government of a foreign country, under chapter ties authorized by or conducted under the Peace ing to the Speaker of the House of Representa- 1 or 10 of part I or chapter 4 of part II of the Corps Act, the Inter-American Foundation Act tives and the President pro tempore of the Sen- Foreign Assistance Act of 1961, as cash transfer or the African Development Foundation Act. ate that it is important to the national security assistance or as nonproject sector assistance, The agency shall promptly report to the Com- interests of the United States. that country shall be required to maintain such mittees on Appropriations whenever it is con- (2) PERIOD OF APPLICATION OF WAIVER.—Any funds in a separate account and not commingle ducting activities or is proposing to conduct ac- waiver pursuant to paragraph (1) shall be effec- them with any other funds. tivities in a country for which assistance is pro- tive for no more than a period of 6 months at a (2) APPLICABILITY OF OTHER PROVISIONS OF hibited. time and shall not apply beyond 12 months after LAW.—Such funds may be obligated and ex- IMPACT ON JOBS IN THE UNITED STATES the enactment of this Act. pended notwithstanding provisions of law SEC. 633. None of the funds appropriated by (e) CONTINGENCIES.—During fiscal year 2004, which are inconsistent with the nature of this this Act may be obligated or expended to pro- the President may use up to $50,000,000 under assistance including provisions which are ref- vide— the authority of section 451 of the Foreign As- (a) any financial incentive to a business en- erenced in the Joint Explanatory Statement of sistance Act, notwithstanding the funding ceil- terprise currently located in the United States the Committee of Conference accompanying ing in section 451(a). for the purpose of inducing such an enterprise (f) SMALL BUSINESS.—In entering into mul- House Joint Resolution 648 (House Report No. to relocate outside the United States if such in- tiple award indefinite-quantity contracts with 98–1159). centive or inducement is likely to reduce the funds appropriated by this Act, the United (3) NOTIFICATION.—At least 15 days prior to number of employees of such business enterprise obligating any such cash transfer or nonproject States Agency for International Development in the United States because United States pro- sector assistance, the President shall submit a may provide an exception to the fair oppor- duction is being replaced by such enterprise out- notification through the regular notification tunity process for placing task orders under side the United States; or procedures of the Committees on Appropriations, such contracts when the order is placed with (b) assistance for any program, project, or ac- any category of small or small disadvantaged which shall include a detailed description of tivity that contributes to the violation of inter- how the funds proposed to be made available business. nationally recognized workers rights, as defined (g) SHIPMENT OF HUMANITARIAN ASSIST- will be used, with a discussion of the United in section 507(4) of the Trade Act of 1974, of ANCE.—During fiscal year 2004, of the amounts States interests that will be served by the assist- workers in the recipient country, including any made available by the United States Agency for ance (including, as appropriate, a description of designated zone or area in that country: Pro- International Development to carry out the pro- the economic policy reforms that will be provided, That the application of section 507(4) (D) visions of section 123(b) of the Foreign Assist- moted by such assistance). and (E) of such Act should be commensurate ance Act of 1961, funds may be made available (4) EXEMPTION.—Nonproject sector assistance with the level of development of the recipient to nongovernmental organizations for adminis- funds may be exempt from the requirements of country and sector, and shall not preclude as- trative costs necessary to implement a program subsection (b)(1) only through the notification sistance for the informal sector in such country, to obtain available donated space on commercial procedures of the Committees on Appropriations. micro and small-scale enterprise, and ships for the shipment of humanitarian assist- COMPENSATION FOR UNITED STATES EXECUTIVE smallholder agriculture. ance overseas. DIRECTORS TO INTERNATIONAL FINANCIAL INSTI- SPECIAL AUTHORITIES (h) RECONSTITUTING CIVILIAN POLICE AU- TUTIONS SEC. 634. (a) AFGHANISTAN, PAKISTAN, LEB- THORITY.—In providing assistance with funds SEC. 630. (a) No funds appropriated by this ANON, MONTENEGRO, VICTIMS OF WAR, DIS- appropriated by this Act under section 660(b)(6) Act may be made as payment to any inter- PLACED CHILDREN, AND DISPLACED BURMESE.— of the Foreign Assistance Act of 1961, support national financial institution while the United Funds appropriated by this Act that are made for a nation emerging from instability may be States Executive Director to such institution is available for assistance for Afghanistan may be deemed to mean support for regional, district, compensated by the institution at a rate which, made available notwithstanding section 612 of municipal, or other sub-national entity emerg- together with whatever compensation such Di- this Act or any similar provision of law and sec- ing from instability, as well as a nation emerg- rector receives from the United States, is in ex- tion 660 of the Foreign Assistance Act of 1961, ing from instability. cess of the rate provided for an individual occu- and funds appropriated in titles I and II of this (i) WORLD FOOD PROGRAM.—Of the funds pying a position at level IV of the Executive Act that are made available for Lebanon, Mon- managed by the Bureau for Democracy, Con- Schedule under section 5315 of title 5, United tenegro, Pakistan, and for victims of war, dis- flict, and Humanitarian Assistance of the States Code, or while any alternate United placed children, and displaced Burmese, and to United States Agency for International Develop- States Director to such institution is com- assist victims of trafficking in persons and, sub- ment, from this or any other Act, not less than pensated by the institution at a rate in excess of ject to the regular notification procedures of the $6,000,000 shall be made available as a general the rate provided for an individual occupying a Committees on Appropriations, to combat such contribution to the World Food Program, not- position at level V of the Executive Schedule trafficking, may be made available notwith- withstanding any other provision of law. under section 5316 of title 5, United States Code. standing any other provision of law. (j) WAIVER.—The prohibition in section 694 of (b) For purposes of this section, ‘‘inter- (b) TROPICAL FORESTRY AND BIODIVERSITY this Act may be waived on a country by country national financial institutions’’ are: the Inter- CONSERVATION ACTIVITIES.—Funds appropriated basis if the President determines that doing so is

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(1) the steps the Administration is taking to ing statutory prohibitions against abortion or NONGOVERNMENTAL ORGANIZATIONS— obtain the cooperation of the government in sur- involuntary sterilizations contained in this or DOCUMENTATION rendering the indictee in question to the Special any other Act. SEC. 642. None of the funds appropriated or Court for Sierra Leone (SCSL) or the Inter- (b) PUBLIC LAW 480.—During fiscal year 2004, made available pursuant to this Act shall be national Criminal Tribunal for Rwanda (ICTR); restrictions contained in this or any other Act available to a nongovernmental organization (2) a strategy for bringing the indictee before with respect to assistance for a country shall which fails to provide upon timely request any ICTR or SCSL; and not be construed to restrict assistance under the document, file, or record necessary to the audit- (3) the justification for exercising the waiver Agricultural Trade Development and Assistance ing requirements of the United States Agency authority. Act of 1954: Provided, That none of the funds for International Development. ARAB LEAGUE BOYCOTT OF ISRAEL appropriated to carry out title I of such Act and SEC. 635. It is the sense of the Congress that— made available pursuant to this subsection may PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN- (1) the Arab League boycott of Israel, and the be obligated or expended except as provided MENTS THAT EXPORT LETHAL MILITARY EQUIP- secondary boycott of American firms that have through the regular notification procedures of MENT TO COUNTRIES SUPPORTING INTER- commercial ties with Israel, is an impediment to the Committees on Appropriations. NATIONAL TERRORISM peace in the region and to United States invest- (c) EXCEPTION.—This section shall not SEC. 643. (a) None of the funds appropriated ment and trade in the Middle East and North apply— or otherwise made available by this Act may be Africa; (1) with respect to section 620A of the Foreign available to any foreign government which pro- (2) the Arab League boycott, which was re- Assistance Act of 1961 or any comparable provi- vides lethal military equipment to a country the grettably reinstated in 1997, should be imme- sion of law prohibiting assistance to countries government of which the Secretary of State has diately and publicly terminated, and the Cen- that support international terrorism; or determined is a terrorist government for pur- tral Office for the Boycott of Israel immediately (2) with respect to section 116 of the Foreign poses of section 6(j) of the Export Administra- disbanded; Assistance Act of 1961 or any comparable provi- tion Act. The prohibition under this section (3) the three Arab League countries with dip- sion of law prohibiting assistance to the govern- with respect to a foreign government shall termi- lomatic and trade relations with Israel should ment of a country that violates internationally nate 12 months after that government ceases to return their ambassadors to Israel, should re- recognized human rights. provide such military equipment. This section frain from downgrading their relations with EARMARKS applies with respect to lethal military equipment Israel, and should play a constructive role in se- SEC. 638. (a) Funds appropriated by this Act provided under a contract entered into after Oc- curing a peaceful resolution of the Israeli-Arab which are earmarked may be reprogrammed for tober 1, 1997. conflict; other programs within the same account not- (b) Assistance restricted by subsection (a) or (4) the remaining Arab League states should withstanding the earmark if compliance with any other similar provision of law, may be fur- normalize relations with their neighbor Israel; the earmark is made impossible by operation of nished if the President determines that fur- (5) the President and the Secretary of State any provision of this or any other Act: Pro- nishing such assistance is important to the na- should continue to vigorously oppose the Arab vided, That any such reprogramming shall be tional interests of the United States. League boycott of Israel and find concrete steps subject to the regular notification procedures of (c) Whenever the waiver authority of sub- to demonstrate that opposition by, for example, the Committees on Appropriations: Provided section (b) is exercised, the President shall sub- taking into consideration the participation of further, That assistance that is reprogrammed mit to the appropriate congressional committees any recipient country in the boycott when de- pursuant to this subsection shall be made avail- a report with respect to the furnishing of such termining to sell weapons to said country; and able under the same terms and conditions as assistance. Any such report shall include a de- (6) the President should report to Congress originally provided. tailed explanation of the assistance to be pro- annually on specific steps being taken by the (b) In addition to the authority contained in vided, including the estimated dollar amount of United States to encourage Arab League states subsection (a), the original period of availability such assistance, and an explanation of how the to normalize their relations with Israel to bring of funds appropriated by this Act and adminis- assistance furthers United States national inter- about the termination of the Arab League boy- tered by the United States Agency for Inter- ests. cott of Israel, including those to encourage al- national Development that are earmarked for WITHHOLDING OF ASSISTANCE FOR PARKING FINES lies and trading partners of the United States to particular programs or activities by this or any OWED BY FOREIGN COUNTRIES enact laws prohibiting businesses from com- other Act shall be extended for an additional plying with the boycott and penalizing busi- fiscal year if the Administrator of such agency SEC. 644. (a) Subject to subsection (c), of the nesses that do comply. determines and reports promptly to the Commit- funds appropriated by this Act that are made ADMINISTRATION OF JUSTICE ACTIVITIES tees on Appropriations that the termination of available for assistance for a foreign country, an amount equal to 110 percent of the total SEC. 636. Of the funds appropriated or other- assistance to a country or a significant change wise made available by this Act for ‘‘Economic in circumstances makes it unlikely that such amount of the unpaid fully adjudicated parking Support Fund’’, assistance may be provided to earmarked funds can be obligated during the fines and penalties owed by such country shall strengthen the administration of justice in coun- original period of availability: Provided, That be withheld from obligation for such country tries in Latin America and the Caribbean and in such earmarked funds that are continued avail- until the Secretary of State submits a certifi- other regions consistent with the provisions of able for an additional fiscal year shall be obli- cation to the appropriate congressional commit- section 534(b) of the Foreign Assistance Act of gated only for the purpose of such earmark. tees stating that such parking fines and pen- 1961, except that programs to enhance protec- CEILINGS AND EARMARKS alties are fully paid. tion of participants in judicial cases may be SEC. 639. Ceilings and earmarks contained in (b) Funds withheld from obligation pursuant conducted notwithstanding section 660 of that this Act shall not be applicable to funds or au- to subsection (a) may be made available for Act. Funds made available pursuant to this sec- thorities appropriated or otherwise made avail- other programs or activities funded by this Act, tion may be made available notwithstanding able by any subsequent Act unless such Act spe- after consultation with and subject to the regu- section 534(c) and the second and third sen- cifically so directs. Earmarks or minimum fund- lation notification procedures of the appropriate tences of section 534(e) of the Foreign Assistance ing requirements or prohibitions contained in congressional committees, provided that no such Act of 1961. any other Act shall not be applicable to funds funds shall be made available for assistance to a foreign country that has not paid the total ELIGIBILITY FOR ASSISTANCE appropriated by this Act. amount of the fully adjudicated parking fines SEC. 637. (a) ASSISTANCE THROUGH NON- PROHIBITION ON PUBLICITY OR PROPAGANDA and penalties owed by such country. GOVERNMENTAL ORGANIZATIONS.—Restrictions SEC. 640. No part of any appropriation con- contained in this or any other Act with respect tained in this Act shall be used for publicity or (c) Subsection (a) shall not include amounts to assistance for a country shall not be con- propaganda purposes within the United States that have been withheld under any other provi- strued to restrict assistance in support of pro- not authorized before the date of the enactment sion of law. grams of nongovernmental organizations from of this Act by the Congress: Provided, That not (d) The Secretary of State may waive the re- funds appropriated by this Act to carry out the to exceed $750,000 may be made available to quirements set forth in subsection (a) with re- provisions of chapters 1, 10, 11, and 12 of part I carry out the provisions of section 316 of Public spect to a country if the Secretary— and chapter 4 of part II of the Foreign Assist- Law 96–533. (1) determines that the waiver is in the na- ance Act of 1961, and from funds appropriated PROHIBITION OF PAYMENTS TO UNITED NATIONS tional security interests of the United States; under the heading ‘‘Assistance for Eastern Eu- MEMBERS and rope and the Baltic States’’: Provided, That be- SEC. 641. None of the funds appropriated or (2) submits to the appropriate congressional fore using the authority of this subsection to made available pursuant to this Act for carrying committees a written justification for such deter- furnish assistance in support of programs of out the Foreign Assistance Act of 1961, may be mination that includes a description of the steps nongovernmental organizations, the President used to pay in whole or in part any assessments, being taken to collect the parking fines and pen- shall notify the Committees on Appropriations arrearages, or dues of any member of the United alties owed by such country. under the regular notification procedures of Nations or, from funds appropriated by this Act (e) In this section:

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(1) The term ‘‘appropriate congressional com- any successor Palestinian governing entity pro- LIMITATION ON ASSISTANCE TO SECURITY FORCES mittees’’ means the Committee on Appropria- vided for in the Israel-PLO Declaration of Prin- SEC. 653. None of the funds made available by tions of the Senate and the Committee on Ap- ciples: Provided, That this restriction shall not this Act may be provided to any unit of the se- propriations of the House of Representatives. apply to the acquisition of additional space for curity forces of a foreign country if the Sec- (2) The term ‘‘fully adjudicated’’ includes cir- the existing Consulate General in Jerusalem: retary of State has credible evidence that such cumstances in which the person to whom the ve- Provided further, That meetings between offi- unit has committed gross violations of human hicle is registered— cers and employees of the United States and of- rights, unless the Secretary determines and re- (A)(i) has not responded to the parking viola- ficials of the Palestinian Authority, or any suc- ports to the Committees on Appropriations that tion summons; or cessor Palestinian governing entity provided for the government of such country is taking effec- (ii) has not followed the appropriate adjudica- in the Israel-PLO Declaration of Principles, for tive measures to bring the responsible members tion procedure to challenge the summons; and the purpose of conducting official United States of the security forces unit to justice: Provided, (B) the period of time for payment or chal- Government business with such authority That nothing in this section shall be construed lenge the summons has lapsed. should continue to take place in locations other to withhold funds made available by this Act (3) The term ‘‘parking fines and penalties’’ than Jerusalem. As has been true in the past, of- from any unit of the security forces of a foreign means parking fines and penalties— ficers and employees of the United States Gov- country not credibly alleged to be involved in (A) owed to— ernment may continue to meet in Jerusalem on gross violations of human rights: Provided fur- (i) the District of Columbia; or other subjects with Palestinians (including ther, That in the event that funds are withheld (ii) New York, New York; and those who now occupy positions in the Pales- from any unit pursuant to this section, the Sec- (B) incurred during the period April 1, 1997 tinian Authority), have social contacts, and retary of State shall promptly inform the foreign through September 30, 2003. have incidental discussions. government of the basis for such action and LIMITATION ON ASSISTANCE FOR THE PLO FOR THE PROHIBITION OF PAYMENT OF CERTAIN EXPENSES shall, to the maximum extent practicable, assist WEST BANK AND GAZA SEC. 649. None of the funds appropriated or the foreign government in taking effective meas- SEC. 645. None of the funds appropriated by otherwise made available by this Act under the ures to bring the responsible members of the se- this Act may be obligated for assistance for the heading ‘‘International Military Education and curity forces to justice. Palestine Liberation Organization for the West Training’’ or ‘‘Foreign Military Financing Pro- ENVIRONMENT PROGRAMS Bank and Gaza unless the President has exer- gram’’ for Informational Program activities or SEC. 654. (a) FUNDING.—Of the funds appro- cised the authority under section 604(a) of the under the headings ‘‘Child Survival and Health priated by this Act, not less than $485,000,000 Middle East Peace Facilitation Act of 1995 (title Programs Fund’’, ‘‘Development Assistance’’, shall be made available for environment pro- VI of Public Law 104–107) or any other legisla- and ‘‘Economic Support Fund’’ may be obli- grams: Provided, That of the funds appro- tion to suspend or make inapplicable section 307 gated or expended to pay for— priated under the heading ‘‘Development Assist- of the Foreign Assistance Act of 1961 and that (1) alcoholic beverages; or ance’’, not less than $165,000,000 shall be made suspension is still in effect: Provided, That if (2) entertainment expenses for activities that available for programs and activities which di- the President fails to make the certification are substantially of a recreational character, in- rectly protect biodiversity, including forests, in under section 604(b)(2) of the Middle East Peace cluding but not limited to entrance fees at sport- developing countries: Provided further, That of Facilitation Act of 1995 or to suspend the prohi- ing events, theatrical and musical productions, the funds made available under the previous bition under other legislation, funds appro- and amusement parks. proviso, $1,500,000 shall be made available to im- priated by this Act may not be obligated for as- TIBET prove the capacity of indigenous groups and sistance for the Palestine Liberation Organiza- SEC. 650. The Secretary of Treasury should in- local environmental organizations and law en- tion for the West Bank and Gaza. struct the United States executive director to forcement agencies to protect the biodiversity of WAR CRIMES TRIBUNALS DRAWDOWN each international financial institution to use the voice and vote of the United States to sup- indigenous reserves in the Amazon Basin region SEC. 646. If the President determines that of Brazil, which amount shall be in addition to doing so will contribute to a just resolution of port projects in Tibet if such projects do not provide incentives for the migration and settlement the amount requested in this Act for assistance charges regarding genocide or other violations of non-Tibetans into Tibet or facilitate the for Brazil for fiscal year 2004: Provided further, of international humanitarian law, the Presi- transfer of ownership of Tibetan land and nat- That not later than one year after enactment of dent may direct a drawdown pursuant to sec- ural resources to non-Tibetans; are based on a this Act, the Secretary of State, in coordination tion 552(c) of the Foreign Assistance Act of 1961, thorough needs-assessment; foster self-suffi- with the Administrator of the United States as amended, of up to $30,000,000 of commodities ciency of the Tibetan people and respect Tibetan Agency for International Development and and services for the United Nations War Crimes culture and traditions; and are subject to effec- other appropriate departments and agencies, Tribunal established with regard to the former tive monitoring. and after consultation with appropriate govern- Yugoslavia by the United Nations Security ments and nongovernmental organizations, Council or such other tribunals or commissions HAITI SEC. 651. The Government of Haiti shall be eli- shall submit to the Committees on Appropria- as the Council may establish or authorize to tions a strategy for biodiversity conservation in deal with such violations, without regard to the gible to purchase defense articles and services under the Arms Export Control Act (22 U.S.C. the Amazon Basin region of South America: ceiling limitation contained in paragraph (2) Provided further, That of the funds appro- thereof: Provided, That the determination re- 2751 et seq.), for the Coast Guard. LIMITATION ON ASSISTANCE TO THE PALESTINIAN priated under the headings ‘‘Development As- quired under this section shall be in lieu of any sistance’’ and ‘‘Andean Counterdrug Initia- determinations otherwise required under section AUTHORITY SEC. 652. (a) PROHIBITION OF FUNDS.—None of tive’’, not less than $5,000,000 shall be made 552(c): Provided further, That the drawdown available in fiscal year 2004 to develop the strat- made under this section for any tribunal shall the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the For- egy described in the previous proviso: Provided not be construed as an endorsement or prece- further, That funds appropriated by this Act dent for the establishment of any standing or eign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the under the heading ‘‘Child Survival and Health permanent international criminal tribunal or Programs Fund’’ should be used to fund child court: Provided further, That funds made avail- Palestinian Authority. (b) WAIVER.—The prohibition included in sub- survival, health, and family planning activities able for tribunals other than Yugoslavia, Rwan- section (a) shall not apply if the President cer- of integrated population-health-environment da, or the Special Court for Sierra Leone shall tifies in writing to the Speaker of the House of programs, including in areas where biodiversity be made available subject to the regular notifi- Representatives and the President pro tempore and endangered species are threatened, and cation procedures of the Committees on Appro- of the Senate that waiving such prohibition is funds appropriated by this Act under the head- priations. important to the national security interests of ing ‘‘Development Assistance’’ should be used to LANDMINES the United States and that the Palestinian Au- fund environment, conservation, natural re- SEC. 647. Notwithstanding any other provision thority has taken steps to arrest terrorists, con- source management, and sustainable agriculture of law, demining equipment available to the fiscate weapons and dismantle the terrorist in- activities of such integrated programs: Provided United States Agency for International Develop- frastructure. further, That of the funds appropriated by this ment and the Department of State and used in (c) PERIOD OF APPLICATION OF WAIVER.—Any Act, not less than $185,000,000 shall be made support of the clearance of landmines and waiver pursuant to subsection (b) shall be effec- available to support policies and programs in unexploded ordnance for humanitarian pur- tive for no more than a period of 6 months at a developing countries and countries in transition poses may be disposed of on a grant basis in for- time and shall not apply beyond 12 months after that directly (1) promote a wide range of energy eign countries, subject to such terms and condi- the enactment of this Act. conservation, energy efficiency and clean en- tions as the President may prescribe. (d) REPORT.—Whenever the waiver authority ergy programs and activities, including the RESTRICTIONS CONCERNING THE PALESTINIAN pursuant to subsection (b) is exercised, the transfer of clean and environmentally sustain- AUTHORITY President shall submit a report to the Commit- able energy technologies; (2) measure, monitor, SEC. 648. None of the funds appropriated by tees on Appropriations detailing the steps the and reduce greenhouse gas emissions; (3) in- this Act may be obligated or expended to create Palestinian Authority has taken to arrest ter- crease carbon sequestration activities; and (4) in any part of Jerusalem a new office of any de- rorists, confiscate weapons and dismantle the enhance climate change mitigation and adapta- partment or agency of the United States Govern- terrorist infrastructure. The report shall also in- tion programs. ment for the purpose of conducting official clude a description of how funds will be spent (b) CLIMATE CHANGE REPORT.—Not later than United States Government business with the and the accounting procedures in place to en- 45 days after the date on which the President’s Palestinian Authority over Gaza and Jericho or sure that they are properly disbursed. fiscal year 2005 budget request is submitted to

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13823 Congress, the President shall submit a report to pates, to oppose and vote against the extension carried out extrajudicial and political killings the Committees on Appropriations describing in by such institution of any loan or financial or that occurred during the March 1997 grenade detail the following— technical assistance or any other utilization of attack against the Khmer Nation Party, the (1) all Federal agency obligations and expend- funds of the respective bank to and for Burma. July 1997 coup d’etat, and election related vio- itures, domestic and international, for climate (b) Of the funds appropriated under the head- lence that occurred during the 1998, 2002, and change programs and activities in fiscal year ing ‘‘Economic Support Fund’’, not less than 2003 elections in Cambodia. 2004, including an accounting of expenditures $15,000,000 shall be made available to support (e) None of the funds appropriated or other- by agency with each agency identifying climate democracy activities in Burma, along the wise made available by this Act may be used to change activities and associated costs by line Burma-Thailand border, for activities of Bur- provide assistance to any tribunal established item as presented in the President’s Budget Ap- mese student groups and other organizations lo- by the Government of Cambodia unless the Sec- pendix; and cated outside Burma, and for the purpose of retary of State certifies to the Committees on (2) all fiscal year 2003 obligations and esti- supporting the provision of humanitarian assist- Appropriations that the perpetrators of the mated expenditures, fiscal year 2004 estimated ance to displaced Burmese along Burma’s bor- March 1997 grenade attack and election-related expenditures and estimated obligations, and fis- ders: Provided, That funds made available killings, including former parliamentarian Om cal year 2005 requested funds by the United under this heading may be made available not- Radsady, have been arrested and prosecuted. States Agency for International Development, withstanding any other provision of law: Pro- FOREIGN MILITARY TRAINING REPORT by country and central program, for each of the vided further, That not more than 60 days after SEC. 661. (a) Notwithstanding any other provi- following: (i) to promote the transfer and de- enactment of this Act, the Secretary of State, in sion of law, the Secretary of Defense and the ployment of a wide range of United States clean consultation with the Administrator of the Secretary of State shall jointly provide to the energy and energy efficiency technologies; (ii) to United States Agency for International Develop- Congress by May 1, 2004, a report on all military assist in the measurement, monitoring, report- ment, shall submit a report to the Committees on training provided to foreign military personnel ing, verification, and reduction of greenhouse Appropriations detailing the amount and rate of (excluding sales and training provided to the gas emissions; (iii) to promote carbon capture disbursement of fiscal years 2002 and 2003 fund- military personnel of countries belonging to the and sequestration measures; (iv) to help meet ing for HIV/AIDS programs and activities in North Atlantic Treaty Organization (NATO) or such countries’ responsibilities under the Burma, the amount of funds expended by the of a country that has concluded a protocol with Framework Convention on Climate Change; and State Peace and Development Council (SPDC) NATO for accession to NATO) under programs (v) to develop assessments of the vulnerability to on HIV/AIDS programs and activities in cal- administered by the Department of Defense and impacts of climate change and mitigation and endar years 2001, 2002, and 2003, and the extent the Department of State during fiscal year 2003 adaptation response strategies. to which international nongovernmental organi- and those proposed for fiscal year 2004. This re- REGIONAL PROGRAMS FOR EAST ASIA AND THE zations are able to conduct HIV/AIDS programs port shall include, for each such military train- PACIFIC throughout Burma, including the ability of ex- ing activity, the foreign policy justification and SEC. 655. Funds appropriated by this Act patriate staff to freely travel through the coun- purpose for the training activity, the cost of the under the heading ‘‘Economic Support Fund’’ try and to conduct programmatic oversight inde- training activity, the number of foreign students that are allocated for ‘‘Regional Democracy’’ pendent of SPDC handling and monitoring: Pro- trained and their units of operation, and the lo- and ‘‘ASEAN Regional’’ assistance for East Asia vided further, That funds made available by cation of the training. In addition, this report and the Pacific shall be made available for the this section shall be subject to the regular notifi- shall also include, with respect to United States Human Rights and Democracy Fund of the Bu- cation procedures of the Committees on Appro- personnel, the operational benefits to United reau for Democracy, Human Rights and Labor, priations. States forces derived from each such training Department of State to support democracy pro- (c) It is the sense of the Senate that the activity and the United States military units in- grams in Iraq. United Nations Security Council should debate volved in each such training activity. This re- and consider sanctions against Burma as a re- ZIMBABWE port may include a classified annex if deemed sult of the threat to regional stability and peace SEC. 656. The Secretary of the Treasury shall necessary and appropriate. posed by the repressive and illegitimate rule of instruct the United States executive director to (b) For purposes of this section a report to the State Peace and Development Council. each international financial institution to vote Congress shall be deemed to mean a report to against any extension by the respective institu- ENTERPRISE FUND RESTRICTIONS the Appropriations and Foreign Relations Com- tion of any loans, to the Government of SEC. 659. Prior to the distribution of any as- mittees of the Senate and the Appropriations Zimbabwe, except to meet basic human needs or sets resulting from any liquidation, dissolution, and International Relations Committees of the to promote democracy, unless the Secretary of or winding up of an Enterprise Fund, in whole House of Representatives. State determines and certifies to the Committees or in part, the President shall submit to the ENTERPRISE FUNDS IN THE MIDDLE EAST REGION on Appropriations that the rule of law has been Committees on Appropriations, in accordance restored in Zimbabwe, including respect for with the regular notification procedures of the SEC. 662. (a) Funds appropriated by this Act ownership and title to property, freedom of Committees on Appropriations, a plan for the under the heading ‘‘Economic Support Fund’’ speech and association. distribution of the assets of the Enterprise may be made available, notwithstanding any NIGERIA Fund. other provision of law, to establish and operate one or more enterprise funds in the Middle East SEC. 657. None of the funds appropriated CAMBODIA region for the purpose of supporting the private under the headings ‘‘International Military SEC. 660. (a) The Secretary of the Treasury sectors in that region: Provided, That provisions Education and Training’’ and ‘‘Foreign Mili- shall instruct the United States executive direc- contained in section 201 of the Support for East tary Financing Program’’ may be made avail- tors of the international financial institutions to European Democracy (SEED) Act of 1989 (ex- able for assistance for Nigeria until the Presi- use the voice and vote of the United States to cluding the authorizations of appropriations dent certifies to the Committees on Appropria- oppose loans to the Central Government of Cam- provided in subsection (b) of that section) shall tions that the Nigerian Minister of Defense, the bodia, except loans to meet basic human needs. apply with respect to such enterprise funds: Chief of the Army Staff, and the Minister of (b)(1) None of the funds appropriated by this Provided further, That prior to obligating any State for Defense/Army are suspending from the Act may be made available for assistance for the funds for purposes other than the administra- Armed Forces those members, of whatever rank, Central Government of Cambodia. tive support of any such enterprise fund, and against whom there is credible evidence of gross (2) Paragraph (1) shall not apply to assistance every six months after the establishment of such violations of human rights in Benue State in for basic education, reproductive and maternal fund, the President shall certify and report to October 2001, and the Government of Nigeria and child health, cultural and historic preserva- the Committees on Appropriations that— and the Nigerian Armed Forces are taking effec- tion, programs for the prevention, treatment, (1) the enterprise fund has taken all appro- tive measures to bring such individuals to jus- and control of, and research on, HIV/AIDS, tu- priate steps to ensure that amounts appro- tice: Provided, That the President may waive berculosis, malaria, polio and other infectious priated by this Act that are provided to the fund such prohibition if he determines that doing so diseases, programs to combat human trafficking for the purpose of assisting the development of is in the national security interest of the United that are provided through nongovernmental or- the private sector are not provided to or through States: Provided further, That prior to exer- ganizations, and for the Ministry of Women and any individual or entity that the management of cising such waiver authority, the President Veterans Affairs to combat human trafficking. shall submit a report to the Committees on Ap- (c) Of the funds appropriated by this Act the fund knows or has reason to believe advo- propriations describing the involvement of the under the heading ‘‘Economic Support Fund’’, cates, plans, sponsors, or engages in, or has en- Nigerian Armed Forces in the incident in Benue $7,000,000 shall be made available, notwith- gaged in, terrorist activity; State, the measures that are being taken to standing subsection (b), for assistance for demo- (2) the enterprise fund furthers United States bring such individuals to justice, and whether cratic opposition political parties in Cambodia. commercial interests in the region; and any Nigerian Armed Forces units involved with (d) Funds appropriated by this Act to carry (3) the enterprise fund is managed in a fis- the incident in Benue State are receiving United out provisions of section 541 of the Foreign As- cally responsible manner. States assistance. sistance Act of 1961 may be made available not- PALESTINIAN STATEHOOD BURMA withstanding subsection (b) only if at least 15 SEC. 663. (a) LIMITATION ON ASSISTANCE.— SEC. 658. (a) The Secretary of the Treasury days prior to the obligation of such funds, the None of the funds appropriated by this Act may shall instruct the United States executive direc- Secretary of State provides to the Committees on be provided to support a Palestinian state unless tor to each appropriate international financial Appropriations a list of those individuals who the Secretary of State determines and certifies to institution in which the United States partici- have been credibly alleged to have ordered or the appropriate congressional committees that—

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13824 CONGRESSIONAL RECORD — SENATE November 3, 2003 (1) a new leadership of a Palestinian gov- works by arresting commanders and financial for the bilateral West Bank and Gaza Program, erning entity, that has not supported acts of ter- backers, especially in regions where these net- the Secretary of State shall certify to the appro- rorism, has been democratically elected through works have a significant presence. priate committees of Congress that procedures credible and competitive elections; (3) The balance of such funds may be obli- have been established to assure the Comptroller (2) the elected governing entity of a new Pal- gated after July 31, 2004, if the Secretary of General of the United States will have access to estinian state— State certifies and reports to the appropriate appropriate United States financial information (A) has demonstrated a firm commitment to congressional committees, after such date, that in order to review the uses of United States as- peaceful co-existence with the State of Israel; the Colombian Armed Forces are continuing to sistance for the Program funded under the (B) has taken appropriate measures to counter meet the conditions contained in paragraph (2) heading ‘‘Economic Support Fund’’ for the West terrorism and terrorist financing in the West and are conducting vigorous operations to re- Bank and Gaza. Bank and Gaza, including the dismantling of store government authority and respect for (b) VETTING.—Prior to the obligation of funds terrorist infrastructures; human rights in areas under the effective con- appropriated by this Act under the heading (C) has established a new Palestinian security trol of paramilitary and guerrilla organizations. ‘‘Economic Support Fund’’ for assistance for the entity that is fully cooperative with appropriate (b) CONSULTATIVE PROCESS.—At least 10 days West Bank and Gaza, the Secretary of State Israeli and other appropriate security organiza- prior to making the certifications required by shall take all appropriate steps to ensure that tions; and subsection (a), the Secretary of State shall con- such assistance is not provided to or through (D) has taken appropriate measures to enact a sult with internationally recognized human any individual or entity that the Secretary constitution assuring the rule of law and other rights organizations regarding progress in meet- knows or has reason to believe advocates, plans, reforms assuring transparent and accountable ing the conditions contained in that subsection. sponsors, engages in, or has engaged in, ter- (c) DEFINITIONS.—In this section: governance. rorist activity. The Secretary of State shall, as (1) AIDED OR ABETTED.—The term ‘‘aided or (b) WAIVER.—The President may waive sub- appropriate, establish procedures specifying the abetted’’ means to provide any support to para- section (a) if he determines that it is in the na- steps to be taken in carrying out this subsection. military groups, including taking actions which tional security interests of the United States to (c) AUDITS.—(1) The Administrator of the allow, facilitate, or otherwise foster the activi- do so. United States Agency for International Develop- ties of such groups. ment shall ensure that Federal or non-Federal (c) EXEMPTION.—The restriction in subsection (2) PARAMILITARY GROUPS.—The term ‘‘para- (a) shall not apply to assistance intended to military groups’’ means illegal self-defense audits of all contractors and grantees, and sig- help reform the Palestinian Authority and af- groups and illegal security cooperatives. nificant subcontractors and subgrantees, under the West Bank and Gaza Program, are con- filiated institutions, or a newly elected gov- ILLEGAL ARMED GROUPS erning entity, in order to help meet the require- ducted at least on an annual basis to ensure, SEC. 665. (a) DENIAL OF VISAS TO SUPPORTERS ments of subsection (a), consistent with the pro- among other things, compliance with this sec- OF COLOMBIAN ILLEGAL ARMED GROUPS.—Sub- tion. visions of section 652 of this Act (‘‘Limitation on ject to subsection (b), the Secretary of State (2) Of the funds appropriated by this Act Assistance to the Palestinian Authority’’). shall not issue a visa to any alien who the Sec- under the heading ‘‘Economic Support Fund’’ COLOMBIA retary determines, based on credible evidence— SEC. 664. (a) DETERMINATION AND CERTIFI- (1) has willfully provided any support to the that are made available for assistance for the CATION REQUIRED.—Notwithstanding any other Revolutionary Armed Forces of Colombia West Bank and Gaza, up to $1,000,000 may be provision of law, funds appropriated by this Act (FARC), the National Liberation Army (ELN), used by the Office of the Inspector General of that are available for assistance for the Colom- or the United Self-Defense Forces of Colombia the United States Agency for International De- bian Armed Forces, may be made available as (AUC), including taking actions or failing to velopment for audits, inspections, and other ac- follows: take actions which allow, facilitate, or other- tivities in furtherance of the requirements of (1) Up to 50 percent of such funds may be obli- wise foster the activities of such groups; or this subsection. Such funds are in addition to gated prior to a determination and certification (2) has committed, ordered, incited, assisted, funds otherwise available for such purposes. by the Secretary of State pursuant to paragraph or otherwise participated in the commission of INDONESIA (2). gross violations of human rights, including SEC. 669. Funds appropriated by this Act (2) Up to 25 percent of such funds may be obli- extra-judicial killings, in Colombia. under the heading ‘‘Foreign Military Financing gated only after the Secretary of State certifies (b) WAIVER.—Subsection (a) shall not apply if Program’’ may be made available for assistance and reports to the appropriate congressional the Secretary of State determines and certifies to for Indonesia, and licenses may be issued for the committees that: the appropriate congressional committees, on a export of lethal defense articles for the Indo- (A) The Commander General of the Colombian case-by-case basis, that the issuance of a visa to nesian Armed Forces, only if the President cer- Armed Forces is suspending from the Armed the alien is necessary to support the peace proc- tifies to the appropriate congressional commit- Forces those members, of whatever rank, who, ess in Colombia or for urgent humanitarian rea- tees that— according to the Minister of Defense or the sons. (1) the Indonesia Minister of Defense is sus- Procuraduria General de la Nacion, have been PROHIBITION ON ASSISTANCE TO THE PALESTINIAN pending from the Armed Forces those members, credibly alleged to have committed gross viola- BROADCASTING CORPORATION of whatever rank, who have been credibly al- tions of human rights, including extra-judicial SEC. 666. None of the funds appropriated or leged to have committed gross violations of killings, or to have aided or abetted para- otherwise made available by this Act may be human rights, or to have aided or abetted mili- military organizations. used to provide equipment, technical support, tia groups; (B) The Colombian Government is vigorously consulting services, or any other form of assist- (2) the Indonesian Government is prosecuting investigating and prosecuting those members of ance to the Palestinian Broadcasting Corpora- those members of the Indonesian Armed Forces, the Colombian Armed Forces, of whatever rank, tion. of whatever rank, who have been credibly al- who have been credibly alleged to have com- IRAQ leged to have committed gross violations of mitted gross violations of human rights, includ- SEC. 667. Notwithstanding any other provision human rights, or to have aided or abetted mili- ing extra-judicial killings, or to have aided or of law, funds appropriated under the heading tia groups, and is punishing those members of abetted paramilitary organizations, and is ‘‘Economic Support Fund’’ may be made avail- the Indonesian Armed Forces found to have promptly punishing those members of the Colom- able for assistance for Iraq: Provided, That the committed such violations of human rights or to bian Armed Forces found to have committed provisions of section 620G of the Foreign Assist- have aided or abetted militia groups; such violations of human rights or to have aided ance Act of 1961, or any other provision of law (3) the Indonesian Armed Forces are cooper- or abetted paramilitary organizations. that applies to countries that have supported ating with civilian prosecutors and judicial au- (C) The Colombian Armed Forces have made terrorism, shall not apply with respect to coun- thorities in Indonesia and with the joint United substantial progress in cooperating with civilian tries that provide assistance to Iraq: Provided Nations-East Timor Serious Crimes Unit (SCU) prosecutors and judicial authorities in such further, That funds appropriated by this Act or in such cases (including extraditing those in- cases (including providing requested informa- prior appropriations Acts for Iraq should be dicted by the SCU to East Timor and providing tion, such as the identity of persons suspended made available for the removal and safe disposal access to witnesses, relevant military documents, from the Armed Forces and the nature and in Iraq of unexploded ordnance, low level radio- and other requested information); cause of the suspension, and access to wit- active waste, and other environmental hazards: (4) the Indonesian Government and Armed nesses, relevant military documents, and other Provided further, That not less than $10,000,000 Forces are cooperating with the Federal Bureau requested information). of the funds appropriated by this Act or prior of Investigation’s investigation of the killings (D) The Colombian Armed Forces have made appropriations Acts that are available for assist- and wounding of American and Indonesian citi- substantial progress in severing links (including ance for Iraq should be made available for in- zens in Papua on August 31, 2002; and denying access to military intelligence, vehicles, vestigations of human rights violations by the (5) the Minister of Defense is making publicly and other equipment or supplies, and ceasing former Iraq regime including the excavation of available audits of receipts and expenditures of other forms of active or tacit cooperation) at the mass graves: Provided further, That funds made the Indonesian Armed Forces. command, battalion, and brigade levels, with available under this section are made available RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS paramilitary organizations, especially in regions subject to the regular notification procedures of DESTABILIZING WEST AFRICA where these organizations have a significant the Committees on Appropriations. SEC. 670. (a) None of the funds appropriated presence. WEST BANK AND GAZA PROGRAM by this Act may be made available for assistance (E) The Colombian Armed Forces are disman- SEC. 668. (a) OVERSIGHT.—For fiscal year 2004, for the government of any country for which the tling paramilitary leadership and financial net- 30 days prior to the initial obligation of funds Secretary of State determines there is credible

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13825 evidence that such government has aided or tion 702(6) of that Act or on receipt of payment funds for the UNFPA as contained in section abetted, within the previous 6 months, in the il- from an eligible purchaser, reduce or cancel 576(c) of Public Law 107–115 shall apply to any licit distribution, transportation, or sale of dia- such loan or portion thereof, only for the pur- assistance provided for the UNFPA in this Act. monds mined in Sierra Leone or Liberia. pose of facilitating— CENTRAL ASIA (b) Whenever the prohibition on assistance re- (A) debt-for-equity swaps, debt-for-develop- SEC. 674. (a) Funds appropriated by this Act quired under subsection (a) is exercised, the Sec- ment swaps, or debt-for-nature swaps; or may be made available for assistance for the retary of State shall notify the Committees on (B) a debt buyback by an eligible country of central Government of Uzbekistan only if the Appropriations in a timely manner. its own qualified debt, only if the eligible coun- Secretary of State determines and reports to the SPECIAL DEBT RELIEF FOR THE POOREST try uses an additional amount of the local cur- Committees on Appropriations that the Govern- SEC. 671. (a) AUTHORITY TO REDUCE DEBT.— rency of the eligible country, equal to not less ment of Uzbekistan is making substantial and The President may reduce amounts owed to the than 40 percent of the price paid for such debt continuing progress in meeting its commitments United States (or any agency of the United by such eligible country, or the difference be- under the ‘‘Declaration on the Strategic Part- States) by an eligible country as a result of— tween the price paid for such debt and the face nership and Cooperation Framework Between (1) guarantees issued under sections 221 and value of such debt, to support activities that the Republic of Uzbekistan and the United 222 of the Foreign Assistance Act of 1961; link conservation and sustainable use of natural States of America’’, including respect for human (2) credits extended or guarantees issued resources with the local community develop- rights, establishing a genuine multi-party sys- under the Arms Export Control Act; or ment, and child survival and other child devel- tem, and ensuring free and fair elections, free- (3) any obligation or portion of such obliga- opment, in a manner consistent with sections dom of expression, and the independence of the tion, to pay for purchases of United States agri- 707 through 710 of the Foreign Assistance Act of media. cultural commodities guaranteed by the Com- 1961, if the sale, reduction, or cancellation (b) Funds appropriated by this Act may be modity Credit Corporation under export credit would not contravene any term or condition of made available for assistance for the Govern- guarantee programs authorized pursuant to sec- any prior agreement relating to such loan. ment of Kazakhstan only if the Secretary of tion 5(f) of the Commodity Credit Corporation (2) TERMS AND CONDITIONS.—Notwithstanding State determines and reports to the Committees Charter Act of June 29, 1948, as amended, sec- any other provision of law, the President shall, on Appropriations that the Government of tion 4(b) of the Food for Peace Act of 1966, as in accordance with this section, establish the Kazakhstan has made significant improvements amended (Public Law 89–808), or section 202 of terms and conditions under which loans may be in the protection of human rights during the the Agricultural Trade Act of 1978, as amended sold, reduced, or canceled pursuant to this sec- preceding 6 month period. (Public Law 95–501). tion. (c) The Secretary of State may waive the re- (b) LIMITATIONS.— (3) ADMINISTRATION.—The Facility, as defined quirements under subsection (b) if he determines (1) The authority provided by subsection (a) in section 702(8) of the Foreign Assistance Act of and reports to the Committees on Appropriations may be exercised only to implement multilateral 1961, shall notify the administrator of the agen- that such a waiver is in the national security official debt relief and referendum agreements, cy primarily responsible for administering part I interests of the United States. commonly referred to as ‘‘Paris Club Agreed of the Foreign Assistance Act of 1961 of pur- (d) Not later than October 1, 2004, the Sec- Minutes’’. chasers that the President has determined to be retary of State shall submit a report to the Com- (2) The authority provided by subsection (a) eligible, and shall direct such agency to carry mittees on Appropriations describing the fol- may be exercised only in such amounts or to out the sale, reduction, or cancellation of a loan lowing: such extent as is provided in advance by appro- pursuant to this section. Such agency shall (1) The defense articles, defense services, and priations Acts. make adjustment in its accounts to reflect the financial assistance provided by the United (3) The authority provided by subsection (a) sale, reduction, or cancellation. States to the countries of Central Asia during may be exercised only with respect to countries (4) LIMITATION.—The authorities of this sub- the 6-month period ending 30 days prior to sub- with heavy debt burdens that are eligible to bor- section shall be available only to the extent that mission of each such report. row from the International Development Asso- appropriations for the cost of the modification, (2) The use during such period of defense arti- ciation, but not from the International Bank for as defined in section 502 of the Congressional cles, defense services, and financial assistance Reconstruction and Development, commonly re- Budget Act of 1974, are made in advance. provided by the United States by units of the ferred to as ‘‘IDA-only’’ countries. (b) DEPOSIT OF PROCEEDS.—The proceeds from armed forces, border guards, or other security (c) CONDITIONS.—The authority provided by the sale, reduction, or cancellation of any loan forces of such countries. subsection (a) may be exercised only with re- sold, reduced, or canceled pursuant to this sec- (e) For purposes of this section, the term spect to a country whose government— tion shall be deposited in the United States Gov- ‘‘countries of Central Asia’’ means Uzbekistan, (1) does not have an excessive level of military ernment account or accounts established for the Kazakhstan, Kyrgyz Republic, Tajikistan, and expenditures; repayment of such loan. Turkmenistan. (2) has not repeatedly provided support for (c) ELIGIBLE PURCHASERS.—A loan may be COMMERCIAL LEASING OF DEFENSE ARTICLES acts of international terrorism; sold pursuant to subsection (a)(1)(A) only to a SEC. 675. Notwithstanding any other provision (3) is not failing to cooperate on international purchaser who presents plans satisfactory to the of law, and subject to the regular notification narcotics control matters; President for using the loan for the purpose of procedures of the Committees on Appropriations, (4) (including its military or other security engaging in debt-for-equity swaps, debt-for-de- the authority of section 23(a) of the Arms Export forces) does not engage in a consistent pattern velopment swaps, or debt-for-nature swaps. Control Act may be used to provide financing to of gross violations of internationally recognized (d) DEBTOR CONSULTATIONS.—Before the sale Israel, Egypt and NATO and major non-NATO human rights; and to any eligible purchaser, or any reduction or allies for the procurement by leasing (including (5) is not ineligible for assistance because of cancellation pursuant to this section, of any leasing with an option to purchase) of defense the application of section 527 of the Foreign Re- loan made to an eligible country, the President articles from United States commercial suppliers, lations Authorization Act, Fiscal Years 1994 and should consult with the country concerning the not including Major Defense Equipment (other 1995. amount of loans to be sold, reduced, or canceled than helicopters and other types of aircraft hav- (d) AVAILABILITY OF FUNDS.—The authority and their uses for debt-for-equity swaps, debt- ing possible civilian application), if the Presi- provided by subsection (a) may be used only for-development swaps, or debt-for-nature dent determines that there are compelling for- with regard to the funds appropriated by this swaps. eign policy or national security reasons for Act under the heading ‘‘Debt Restructuring’’. (e) AVAILABILITY OF FUNDS.—The authority those defense articles being provided by commer- (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A provided by subsection (a) may be used only cial lease rather than by government-to-govern- reduction of debt pursuant to subsection (a) with regard to funds appropriated by this Act ment sale under such Act. shall not be considered assistance for the pur- under the heading ‘‘Debt Restructuring’’. WAR CRIMINALS poses of any provision of law limiting assistance CONTRIBUTIONS TO UNITED NATIONS POPULATION SEC. 676. (a)(1) None of the funds appro- to a country. The authority provided by sub- FUND priated or otherwise made available pursuant to section (a) may be exercised notwithstanding SEC. 673. Funds appropriated in Public Law this Act may be made available for assistance, section 620(r) of the Foreign Assistance Act of 107–115 and Public Law 108–7 that were avail- and the Secretary of the Treasury shall instruct 1961 or section 321 of the International Develop- able for the United Nations Population Fund the United States executive directors to the ment and Food Assistance Act of 1975. (UNFPA), and $35,000,000 in this Act, shall be international financial institutions to vote AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR made available for the UNFPA unless the Presi- against any new project involving the extension SALES dent determines that the UNFPA supports or by such institutions of any financial or tech- SEC. 672. (a) LOANS ELIGIBLE FOR SALE, RE- participates in the management of a program of nical assistance, to any country, entity, or mu- DUCTION, OR CANCELLATION.— coercive abortion or involuntary sterilization: nicipality whose competent authorities have (1) AUTHORITY TO SELL, REDUCE, OR CANCEL Provided, That none of the funds made avail- failed, as determined by the Secretary of State, CERTAIN LOANS.—Notwithstanding any other able for the UNFPA may be used in the People’s to take necessary and significant steps to imple- provision of law, the President may, in accord- Republic of China: Provided further, That the ment its international legal obligations to appre- ance with this section, sell to any eligible pur- other conditions on availability of funds for hend and transfer to the International Criminal chaser any concessional loan or portion thereof abortion and abortion-related activities con- Tribunal for the former Yugoslavia (the ‘‘Tri- made before January 1, 1995, pursuant to the tained in this Act shall apply to any assistance bunal’’) all persons in their territory who have Foreign Assistance Act of 1961, to the govern- provided for the UNFPA in this Act: Provided been indicted by the Tribunal and to otherwise ment of any eligible country as defined in sec- further, That the conditions on availability of cooperate with the Tribunal.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13826 CONGRESSIONAL RECORD — SENATE November 3, 2003 (2) The provisions of this subsection shall not subject to the conditions in subsection (c): Pro- (1) Cuba does not have in place appropriate apply to humanitarian assistance or assistance vided, That section 576 of the Foreign Oper- procedures to protect against the loss of inno- for democratization. ations, Export Financing, and Related Programs cent life in the air and on the ground in connec- (b) The provisions of subsection (a) shall Appropriations Act, 1997, as amended, shall not tion with the interdiction of illegal drugs; and apply unless the Secretary of State determines apply to the provision of loans and assistance to (2) there is evidence of involvement of the and reports to the appropriate congressional the Federal Republic of Yugoslavia (or a suc- Government of Cuba in drug trafficking. committees that the competent authorities of cessor state) through international financial in- COMMUNITY-BASED POLICE ASSISTANCE such country, entity, or municipality are— stitutions. SEC. 681. (a) AUTHORITY.—Funds made avail- (1) cooperating with the Tribunal, including (c) The determination and certification re- able to carry out the provisions of chapter 1 of access for investigators to archives and wit- ferred to in subsection (a) is a determination by part I and chapter 4 of part II of the Foreign nesses, the provision of documents, and the sur- the President and a certification to the Commit- Assistance Act of 1961, may be used, notwith- render and transfer of indictees or assistance in tees on Appropriations that the Government of standing section 660 of that Act, to enhance the their apprehension; and the Federal Republic of Yugoslavia (or a gov- effectiveness and accountability of civilian po- (2) are acting consistently with the Dayton ernment of a successor state) is— lice authority through training and technical (1) cooperating with the International Crimi- Accords. assistance in internationally recognized human nal Tribunal for the former Yugoslavia includ- (c) Not less than 10 days before any vote in an rights, the rule of law, strategic planning, and ing access for investigators, the provision of international financial institution regarding the through assistance to foster civilian police roles documents, and the surrender and transfer of extension of any new project involving financial that support democratic governance including indictees, including Ratko Mladic, or assistance or technical assistance or grants to any country assistance for programs to prevent conflict and in their apprehension; or entity described in subsection (a), the Sec- foster improved police relations with the commu- (2) taking steps that are consistent with the retary of the Treasury, in consultation with the nities they serve. Dayton Accords to end Serbian financial, polit- Secretary of State, shall provide to the Commit- (b) NOTIFICATION.—Assistance provided under ical, security and other support which has tees on Appropriations a written justification subsection (a) shall be subject to the regular no- served to maintain separate Republika Srpska for the proposed assistance, including an expla- tification procedures of the Committees on Ap- nation of the United States position regarding institutions; and (3) taking steps to implement policies which propriations. any such vote, as well as a description of the lo- (c) Report.—The requirement for an annual cation of the proposed assistance by munici- reflect a respect for minority rights and the rule of law, including the release of political pris- report, contained in section 582 (b)(1) of Divi- pality, its purpose, and its intended bene- sion E of Public Law 108–7, shall be applicable ficiaries. oners from Serbian jails and prisons. (d) This section shall not apply to Monte- to all programs for which funds are provided (d) In carrying out this section, the Secretary under the authority of this subsection. of State, the Administrator of the United States negro, Kosovo, humanitarian assistance or as- OVERSEAS PRIVATE INVESTMENT CORPORATION Agency for International Development, and the sistance to promote democracy in municipalities. AND EXPORT-IMPORT BANK RESTRICTIONS Secretary of the Treasury shall consult with MULTILATERAL DEVELOPMENT BANK representatives of human rights organizations ACCOUNTABILITY SEC. 682. (a) LIMITATION ON USE OF FUNDS BY and all government agencies with relevant in- SEC. 679. Beginning not more than 180 days OPIC.—None of the funds made available in formation to help prevent indicted war criminals after the date of enactment of this Act, the Sec- this Act may be used by the Overseas Private from benefiting from any financial or technical retary of the Treasury shall instruct the United Investment Corporation to insure, reinsure, assistance or grants provided to any country or States Executive Director of each multilateral guarantee, or finance any investment in connec- entity described in subsection (a). development bank or subsidiary or window tion with a project involving the mining, (e) The Secretary of State may waive the ap- thereof (hereinafter ‘‘Bank’’), not to vote in polishing or other processing, or sale of dia- plication of subsection (a) with respect to favor of any action proposed to be taken by monds in a country that fails to meet the re- projects within a country, entity, or munici- such Bank unless not less than 45 days before quirements of subsection (c). pality upon a written determination to the Com- consideration by the board of directors of such (b) LIMITATION ON USE OF FUNDS BY THE EX- mittees on Appropriations that such assistance Bank, the Secretary of State, in consultation PORT-IMPORT BANK.—None of the funds made directly supports the implementation of the with the Secretary of the Treasury, has deter- available in this Act may be used by the Export- Dayton Accords. mined that— Import Bank of the United States to guarantee, (1) such Bank is implementing regular, inde- (f) DEFINITIONS.—As used in this section— insure, extend credit, or participate in an exten- pendent external audits of internal management (1) COUNTRY.—The term ‘‘country’’ means sion of credit in connection with the export of Bosnia and Herzegovina, Croatia and Serbia. controls and procedures for meeting operational any goods to a country for use in an enterprise objectives, complying with Bank policies, and (2) ENTITY.—The term ‘‘entity’’ refers to the involving the mining, polishing or other proc- Federation of Bosnia and Herzegovina, Kosovo, preventing fraud, and is making reports describ- essing, or sale of diamonds in a country that Montenegro and the Republika Srpska. ing the scope and findings of such audits avail- fails to meet the requirements of subsection (c). (3) MUNICIPALITY.—The term ‘‘municipality’’ able to the public on at least an annual basis; (c) REQUIREMENTS.—The requirements re- (2) any proposed loan, credit, or grant agree- means a city, town or other subdivision within ferred to in subsections (a) and (b) are that the ment has been published and includes the re- a country or entity as defined herein. country concerned is implementing the rec- sources and conditionality necessary to ensure (4) DAYTON ACCORDS.—The term ‘‘Dayton Ac- ommendations, obligations and requirements de- that the borrower complies with applicable laws cords’’ means the General Framework Agree- veloped by the Kimberley Process on conflict in carrying out such loan, credit, or grant ment for Peace in Bosnia and Herzegovina, to- diamonds. agreement, including laws pertaining to the in- gether with annexes relating thereto, done at AMERICAN CHURCHWOMEN AND OTHER CITIZENS IN tegrity and transparency of the process such as Dayton, November 10 through 16, 1995. EL SALVADOR AND GUATEMALA public consultation, and to public health and USER FEES SEC. 683. (a) Information relevant to the De- safety and environmental protection; and cember 2, 1980, murders of four American SEC. 677. The Secretary of the Treasury shall (3) such Bank is implementing effective proce- churchwomen in El Salvador, and the May 5, instruct the United States Executive Director at dures for the receipt, retention, and treatment of 2001, murder of Sister Barbara Ann Ford and each international financial institution (as de- (A) complaints received by the Bank regarding the murders of other American citizens in Gua- fined in section 1701(c)(2) of the International fraud, accounting, mismanagement, internal ac- temala since December 1999, should be declas- Financial Institutions Act) and the Inter- counting controls, or auditing matters; and (B) sified and made public as soon as possible. national Monetary Fund to oppose any loan, the confidential, anonymous submission by em- (b) In making determinations concerning de- grant, strategy or policy of these institutions ployees of the Bank of concerns regarding classification and release of relevant informa- that would require user fees or service charges fraud, accounting, mismanagement, internal action, all Federal agencies and departments on poor people for primary education or primary counting controls, or auditing matters. should use the discretion contained within such healthcare, including prevention and treatment COOPERATION WITH CUBA ON COUNTER-NARCOTICS existing standards and procedures on classifica- efforts for HIV/AIDS, malaria, tuberculosis, and MATTERS infant, child, and maternal well-being, in con- tion in support of releasing, rather than with- SEC. 680. (a) Subject to subsection (b), of the holding, such information. nection with the institutions’ financing pro- funds appropriated under the heading ‘‘Inter- CONFLICT RESOLUTION grams. national Narcotics Control and Law Enforce- FUNDING FOR SERBIA ment’’, $5,000,000 should be made available for SEC. 684. Of the funds appropriated under the SEC. 678. (a) Funds appropriated by this Act the purposes of preliminary work by the Depart- headings ‘‘Economic Support Fund’’ and ‘‘As- may be made available for assistance for Serbia ment of State, or such other entity as the Sec- sistance for Eastern Europe and the Baltic after March 31, 2004, if the President has made retary of State may designate, to establish co- States’’, $15,000,000 shall be made available to the determination and certification contained in operation with appropriate agencies of the Gov- support conflict resolution programs and activi- subsection (c). ernment of Cuba on counter-narcotics matters, ties which bring together individuals of different (b) After March 31, 2004, the Secretary of the including matters relating to cooperation, co- ethnic, religious, and political backgrounds from Treasury should instruct the United States exec- ordination, and mutual assistance in the inter- areas of civil conflict and war. utive directors to the international financial in- diction of illicit drugs being transported through NICARAGUA stitutions to support loans and assistance to the Cuba airspace or over Cuba waters. SEC. 685. Of the funds appropriated under the Government of the Federal Republic of Yugo- (b) The amount in subsection (a) shall not be headings ‘‘Economic Support Fund’’, ‘‘Develop- slavia (or a government of a successor state) available if the President certifies that— ment Assistance’’, and ‘‘Child Survival and

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Notwithstanding any other provision the President designates, in a Presidential De- available pursuant to this section, priority shall of law, regulation, or policy, in determining eli- termination, a target number of refugees to be be given to programs to provide alternative gibility for assistance authorized under part I of admitted to the United States under the United means of income for subsistence farmers and to the Foreign Assistance Act of 1961 (22 U.S.C. States Refugee Resettlement Program. promote judicial reform. 2151 et seq.), foreign nongovernmental organiza- (4) Although the President authorized the ad- REPORT ON INTERNATIONAL COFFEE CRISIS tions— mission of 70,000 refugees in fiscal year 2003, SEC. 686. Not later than 120 days after enact- (1) shall not be ineligible for such assistance only 28,419 refugees were admitted. solely on the basis of health or medical services ment of this Act, the Secretary of State, in con- (5) From fiscal year 1980 to fiscal year 2000, including counseling and referral services, pro- sultation with the Administrator of the United the average level of United States refugee admis- vided by such organizations with non-United States Agency for International Development sions was slightly below 100,000 per year. and the Secretary of the Treasury, shall submit States Government funds if such services do not violate the laws of the country in which they (6) The United States Government policy is to a report to the Committees on Appropriations resettle the designated number of refugees each describing the progress the United States is mak- are being provided and would not violate United States Federal law if provided in the United fiscal year. Congress expects the Department of ing toward meeting the objectives set forth in State, the Department of Homeland Security, paragraph (1) of S. Res. 368 (107th Congress) States; and (2) shall not be subject to requirements relat- and the Department of Health and Human Serv- and paragraph (1) of H. Res. 604 (107th Con- ing to the use of non-United States Government ices to implement the admission of 70,000 refu- gress), including adopting a global strategy to funds for advocacy and lobbying activities other gees as authorized by the President for fiscal deal with the international coffee crisis and than those that apply to United States non- year 2004. measures to support and complement multilat- governmental organizations receiving assistance (b)(1) The Secretary of State shall utilize pri- eral efforts to respond to the international cof- under part I of such Act. vate voluntary organizations with expertise in fee crisis. PROHIBITION ON FUNDING TO COUNTRIES THAT the protection needs of refugees in the proc- VENEZUELA TRADE IN CERTAIN WEAPONS WITH NORTH KOREA essing of refugees overseas for admission and re- SEC. 687. (a) None of the funds appropriated SEC. 692. (a) No funds appropriated pursuant settlement to the United States, and shall utilize or otherwise made available pursuant by this to this Act may be made available to the govern- such agencies in addition to the United Nations Act may be made available for assistance for the ment of a country or for a project in a country High Commissioner for Refugees in the identi- central Government of Venezuela if the Sec- that, during the 12-month period ending on the fication and referral of refugees. retary of State certifies to the Committees on date that such funds would be obligated, has— (2) The Secretary of State shall establish a Appropriations that the central Government of (1) exported to North Korea any item listed on system for accepting referrals of appropriate Venezuela is assisting, harboring, or providing the United States Munitions List under section candidates for resettlement from local private, sanctuary for Colombian terrorist organizations. 38 of the Arms Export Control Act (22 U.S.C. voluntary organizations and work to ensure (b) The provision of subsection (a) shall not 2278) or any dual-use item on the Commerce that particularly vulnerable refugee groups re- apply to democracy and rule of law assistance Control List pursuant to the Export Administra- ceive special consideration for admission into for Venezuela. tion Regulations (15 C.F.R. part 730 et seq.), if the United States, including— (c) Of the funds appropriated by this Act the President determines that such items are in- under the heading ‘‘Economic Support Fund’’, (A) long-stayers in countries of first asylum; tended for use in a weapons of mass destruction (B) unaccompanied refugee minors; not less than $5,000,000 shall be made available or a missile program in North Korea; or for democracy and rule of assistance for Ven- (2) imported from North Korea any item de- (C) refugees outside traditional camp settings; ezuela. scribed in paragraph (1). and DISABILITY ACCESS (b) The President may waive the prohibition (D) refugees in woman-headed households. SEC. 688. The Administrator of the United in subsection (a) with respect to a county or (3) The Secretary of State shall give special States Agency for International Development project if the President certifies to Congress that consideration to— (‘‘USAID’’) shall seek to ensure that programs, it is in the national interest of the United States (A) refugees of all nationalities who have projects, and activities administered by USAID to waive the prohibition. close family ties to citizens and residents of the in Iraq and Afghanistan comply fully with MALAYSIA United States; and USAID’s ‘‘Policy Paper: Disability’’ issued on SEC. 693. (a) Funds appropriated by this Act (B) other groups of refugees who are of special September 12, 1997: Provided, That the Adminis- that are available for assistance for Malaysia concern to the United States. trator shall submit a report to the Committees on may be made available if the Secretary of State (4) Not later than 90 days after the date of en- Appropriations not later than December 31, determines and reports to the Committees on Ap- actment of this Act, the Secretary of State shall 2004, describing the manner in which the needs propriations that the Government of Malaysia submit a report to the appropriate congressional of people with disabilities were met in the devel- supports and promotes religious freedoms, in- committees describing the steps that have been opment and implementation of USAID pro- cluding tolerance for people of the Jewish faith. taken to implement this subsection. grams, projects, and activities in Iraq and Af- (b) The Secretary of State may waive the re- (c) Not later than September 30, 2004, if the ghanistan in fiscal year 2004: Provided further, quirements of subsection (a) if he determines actual refugee admissions numbers do not con- That the Administrator, not later than 180 days and reports to the Committees on Appropriations form with the authorized ceiling on the number after enactment of this Act and in consultation, that such a waiver is in the national security of refugees who may be admitted, the Secretary as appropriate, with other appropriate depart- interests of the United States. of State, the Secretary of Homeland Security, ments and agencies, the Architectural and WAR CRIMES IN AFRICA and the Secretary of Health and Human Serv- Transportation Barriers Compliance Board, and SEC. 694. Funds appropriated by this Act, in- ices shall report to Congress on the— nongovernmental organizations with expertise cluding funds for debt restructuring, shall not (1) execution and implementation of the ref- in the needs of people with disabilities, shall de- be made available to the central government of ugee resettlement program; and a country in which individuals indicted by the velop and implement appropriate standards for (2) reasons for the failure to resettle the max- International Criminal Tribunal for Rwanda access for people with disabilities for construc- imum number of refugees. tion projects funded by USAID. (ICTR) and the Special Court for Sierra Leone ANNUAL REPORT ON INTERNATIONAL RELIGIOUS THAILAND (SCSL) are credibly alleged to be living unless FREEDOM TO INCLUDE INFORMATION ON ANTI- SEC. 689. Funds appropriated by this Act that the Secretary of State certifies to the President SEMITISM AND OTHER RELIGIOUS INTOLERANCE are available for the central Government of of the Senate and the Speaker of the House of Thailand may be made available if the Secretary Representatives that such government is cooper- SEC. 696. Section 102(b)(1) of the International of State determines and reports to the Commit- ating with ICTR and SCSL, including the sur- Religious Freedom Act of 1998 (22 U.S.C. tees on Appropriations that the central Govern- render and transfer of indictees: Provided, That 6412(b)(1)) is amended by adding at the end the ment of Thailand (1) supports the advancement the previous proviso shall not apply to assist- following new subparagraph: of democracy in Burma and is taking action to ance provided under section 551 of the Foreign ‘‘(G) ACTS OF ANTI-SEMITISM AND OTHER RELI- sanction the military junta in Rangoon; (2) is Assistance Act of 1961: Provided further, That GIOUS INTOLERANCE.—A description for each for- not hampering the delivery of humanitarian as- the United States shall use its voice and vote in eign country of— sistance to people in Thailand who have fled the United Nations Security Council to fully ‘‘(i) acts of violence against people of the Jew- Burma; and (3) is not forcibly repatriating Bur- support efforts by ICTR and SCSL to bring to ish faith and other faiths that occurred in that mese to Burma. justice individuals indicted by such tribunals. country; MODIFICATION ON REPORTING REQUIREMENTS REPORT ON ADMISSION OF REFUGEES ‘‘(ii) the response of the government of that SEC. 690. Section 3204(f) of the Emergency SEC. 695. (a) Congress makes the following country to such acts of violence; and Supplemental Act, 2000 (Public Law 106–246) is findings: ‘‘(iii) actions by the government of that coun- amended— (1) As of October 2003, there are 13,000,000 ref- try to enact and enforce laws relating to the (1) in the heading, by striking ‘‘BI- ugees worldwide, many of whom have fled reli- protection of the right to religious freedom with MONTHLY’’ and inserting ‘‘QUARTERLY’’; gious, political, and other forms of persecution. respect to people of the Jewish faith.

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POST DIFFERENTIALS AND DANGER PAY Azerbaijan, and to hold a new election if such GUINEA WORM ERADICATION PROGRAM ALLOWANCES a commission finds that a new election is war- SEC. 699D. Of the funds made available in title SEC. 697. (a) Section 5925(a) of title 5, United ranted; II under the headings ‘‘CHILD SURVIVAL AND States Code, is amended in the third sentence by (2) the violence that followed the election HEALTH PROGRAMS FUND’’ and ‘‘DEVELOPMENT inserting after ‘‘25 percent of the rate of basic should be condemned and should be investigated ASSISTANCE’’, not less than $5,000,000 may be pay’’ the following: ‘‘or, in the case of an em- in a full and impartial investigation; made available for the Carter Center’s Guinea ployee of the United States Agency for Inter- (3) the perpetrators of criminal acts related to Worm Eradication Program. national Development, 35 percent of the rate of the election, including Azerbaijani police, SEC. 699E. (a) Congress makes the following basic pay’’. should be held accountable; and findings: (b) Section 5928 of title 5, United States Code, (4) the Government of Azerbaijan should im- (1) The Islamic Republic of Iran is neither free is amended by inserting after ‘‘25 percent of the mediately release from detention all members of nor fully democratic, and undemocratic institu- basic pay of the employee’’ both places it ap- opposition political parties who were arrested tions, such as the Guardians Council, thwart pears the following: ‘‘or 35 percent of the basic for peacefully expressing political opinions. the will of the Iranian people. (c) Not later than 90 days after the date of the pay of the employee in the case of an employee (2) There is ongoing repression of journalists, enactment of this Act, the Secretary of State, in of the United States Agency for International students, and intellectuals in Iran, women in consultation with the Attorney General, shall Development’’. Iran are deprived of their internationally recog- (c) The amendments made by subsections (a) submit a report to the Committee on Foreign Re- nized human rights, and religious freedom is not and (b) shall take effect on October 1, 2003, and lations and the Committee on Appropriations of respected under the laws of Iran. shall apply with respect to post differentials and the Senate and the Committee on International (3) The Department of State asserted in its danger pay allowances paid for months begin- Relations and the Committee of Appropriations ‘‘Patterns of Global Terrorism 2002’’ report re- ning on or after that date. of the House of Representatives on the inves- leased on April 30, 2003, that Iran remained the tigation of the murder of United States democ- most active state sponsor of terrorism and that SENSE OF CONGRESS ON CONTRACTING FOR racy worker John Alvis. Such report shall in- Iran continues to provide funding, safe-haven, DELIVERY OF ASSISTANCE BY AIR clude— training, and weapons to known terrorist SEC. 698. It is the sense of Congress that the (1) a description of the steps taken by the groups, notably Hizballah, HAMAS, the Pal- Administrator of the United States Agency for Government of Azerbaijan to further such inves- estine Islamic Jihad, and the Popular Front for International Development should, to the max- tigation and bring to justice those responsible the Liberation of Palestine. imum extent practicable and in a manner con- for the murder of John Alvis; (4) The International Atomic Energy Agency sistent with the use of full and open competition (2) a description of the actions of the Govern- (IAEA) has found that Iran has failed to accu- (as that term is defined in section 4(6) of the Of- ment of Azerbaijan to cooperate with United rately disclose all elements of its nuclear pro- fice of Federal Procurement Policy Act (41 States agencies involved in such investigation; gram. The IAEA is engaged in efforts to deter- U.S.C. 403(6))), contract with small, domestic air and mine the extent, origin and implications of Ira- transport providers for purposes of the delivery (3) any recommendations of the Secretary for nian nuclear activities that were not initially re- by air of assistance available under this Act. furthering progress of such investigation. ported to the IAEA. SEC. 699. (a) Congress makes the following REPORT ON SIERRA LEONE (5) There have been credible reports of Iran findings: SEC. 699A. Not later than 6 months after the harboring Al Qaeda fugitives and permitting the (1) International organizations and non-gov- date of enactment of this Act, the Administrator passage of terrorist elements into Iraq. ernmental observers, including the Organization of the United States Agency for International (b) It is the sense of Congress that it should be for Security and Cooperation in Europe, the Na- Development shall submit a report to the Com- the policy of the United States to— tional Democratic Institute, and Human Rights mittee on Foreign Relations and Committee on (1) support transparent, full democracy in Watch documented widespread government ma- Appropriations of the Senate and the Committee Iran; nipulation of the electoral process in advance of on International Relations and Committee on (2) support the rights of the Iranian people to the Presidential election held in Azerbaijan on Appropriations of the House of Representatives choose their system of government; October 15, 2003. on the feasibility of establishing a United States (3) condemn the brutal treatment and impris- (2) Such organizations and the Department of mission in Sierra Leone. onment and torture of Iranian civilians express- State reported widespread vote falsification dur- REPORT ON SOMALIA ing political dissent; ing the election, including ballot stuffing, (4) call upon the Government of Iran to com- fraudulent additions to voter lists, and irreg- SEC. 699B. (a) Not later than 180 days after ply fully with requests by the International ularities with vote tallies and found that elec- the date of the enactment of this Act, the Sec- Atomic Energy Agency for information and to tion commission members from opposition parties retary of State shall submit to the Committees immediately suspend all activities related to the were bullied into signing falsified vote tallies. on Appropriations and Foreign Relations of the development of nuclear weapons and their deliv- (3) The Department of State issued a state- Senate and the Committees on Appropriations ery systems; ment on October 21, 2003 concluding that the and International Relations of the House of (5) demand that Al Qaeda members be imme- irregularities that occurred during the elections Representatives a report on a strategy for en- diately turned over to governments requesting ‘‘cast doubt on the credibility of the election’s gaging with competent and responsible authori- their extradition; and results’’. ties and organizations within Somalia, includ- (6) demand that Iran prohibit and prevent the (4) Human Rights Watch reported that gov- ing in Somaliland, to strengthen local capacity passage of armed elements into Iraq and cease ernment forces in Azerbaijan used excessive and establish incentives for communities to seek all activities to undermine the Iraqi Governing force against demonstrators protesting election stability. Council and the reconstruction of Iraq. fraud and that such force resulted in at least (b) The report shall describe a multi-year SEC. 699F. (a) None of the funds made avail- one death and injuries to more than 300 individ- strategy for— able by title II under the heading ‘‘MIGRATION uals. (1) increasing access to primary and sec- AND REFUGEE ASSISTANCE’’ or ‘‘UNITED STATES (5) Following the elections, the Government of ondary education and basic health care serv- EMERGENCY REFUGEE AND MIGRATION ASSISTANCE Azerbaijan arrested more than 330 individuals, ices; FUND’’ to provide assistance to refugees or inter- many of whom are leaders and rank-and-file (2) supporting efforts underway to establish nally displaced persons may be provided to an members of opposition parties in Azerbaijan, in- clear systems for effective regulation and moni- organization that has failed to adopt a code of cluding individuals who served as observers and toring of Somali hawala, or informal banking, conduct consistent with the Inter-Agency polling-station officials who refused to sign vote establishments; and Standing Committee Task Force on Protection (3) supporting initiatives to rehabilitate the tallies from polling stations that the individuals From Sexual Exploitation and Abuse in Human- livestock export sector in Somalia. believed were fraudulent. itarian Crises six core principles for the protec- (6) The national interest of the United States DESIGNATION OF THE GLOBAL FUND TO FIGHT tion of beneficiaries of humanitarian assistance. in promoting stability in the Caucasus and Cen- AIDS, TUBERCULOSIS AND MALARIA UNDER THE (b) In administering the amounts made avail- tral Asia and in winning the war on terrorism is INTERNATIONAL ORGANIZATIONS IMMUNITIES able for the accounts described in subsection (a), best protected by maintaining relationships with ACT the Secretary of State and Administrator of the democracies committed to the rule of law. SEC. 699C. The International Organizations United States Agency for International Develop- (7) The credible reports of fraud and intimida- Immunities Act (22 U.S.C. 288 et seq.) is amendment shall incorporate specific policies and pro- tion cast serious doubt on the legitimacy of the ed by adding at the end the following new sec- grams for the purpose of identifying specific October 15, 2003 Presidential election in Azer- tion: needs of, and particular threats to, women and baijan and on the victory of Ilham Aliev in such ‘‘SEC. 16. The provisions of this title may be children at the various stages of a complex hu- election. extended to the Global Fund to Fight AIDS, Tu- manitarian emergency, especially at the onset of (b) It is the sense of Congress that— berculosis and Malaria in the same manner, to such emergency. (1) the President and the Secretary of State the same extent, and subject to the same condi- (c) Not later than 90 days after the date of en- should urge the Government of Azerbaijan to tions, as they may be extended to a public inter- actment of this Act, the Secretary of State shall create an independent commission, with partici- national organization in which the United submit to the Committee on Foreign Relations of pation from the Organization for Security and States participates pursuant to any treaty or the Senate, the Committee on International Re- Cooperation in Europe and the Council of Eu- under the authority of any Act of Congress au- lations of the House of Representatives and the rope, to investigate the fraud and intimidation thorizing such participation or making an ap- Committees on Appropriations a report on ac- surrounding the October 15, 2003 election in propriation for such participation.’’. tivities of the Government of the United States

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0637 Sfmt 6333 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13829 to protect women and children affected by a Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.) newspaper accounts have noted that complex humanitarian emergency. The report is amended— charitable giving has declined in the shall include— (1) in section 202(d)(4)(A), by adding at the recent year. Clearly, the President is (1) an assessment of the specific protection end the following new clause: right to seek additional tax benefits for needs of women and children at the various ‘‘(vi) for the purposes of clause (i), ‘funds con- stages of a complex humanitarian emergency; tributed to the Global Fund from all sources’ charitable giving. (2) a description of which agencies and offices means funds contributed to the Global Fund at I cannot improve upon the Demo- of the United States Government are responsible any time during fiscal years 2004 through 2008 cratic leader’s own assessment at the for addressing each aspect of such needs and that are not contributed to fulfill a commitment time the CARE Act was passed by the threats; and made for a fiscal year prior to fiscal year 2004.’’; Senate, when he said this: (3) guidelines and recommendations for im- (2) in section 202(d)(4)(B), by adding at the This legislation, the CARE Act, expands proving United States and international systems end the following new clause: our Nation’s capacity to respond to the for the protection of women and children during ‘‘(iv) Notwithstanding clause (i), after July 1 needs of its citizens who need help. a complex humanitarian emergency. of each of the fiscal years 2004 through 2008, These are very fine words. Unfortu- DEMOCRACY BUILDING IN CUBA any amount made available under this sub- nately, these words are not being SEC. 699G. (a) Of the funds appropriated in section that is withheld by reason of subpara- translated into action. The Finance title II, under the heading ‘‘TRANSITION INITIA- graph (A)(i) is authorized to be made available TIVES’’ not more than $5,000,000 shall be avail- to carry out sections 104A, 104B, and 104C of the Committee passed the CARE Act on able for individuals and independent non- Foreign Assistance Act of 1961 (as added by title February 27 and it was passed by the governmental organizations to support democ- III of this Act).’’; and full Senate on April 9. The other body racy-building efforts for Cuba, including the fol- (3) in section 301(f), by inserting ‘‘, except passed the CARE Act earlier this fall. lowing: that this subsection shall not apply to the Glob- However, the Senate has been pre- (1) Published and informational material, al Fund to Fight AIDS, Tuberculosis and Ma- vented from going to conference on such as books, videos, and cassettes, on transi- laria or to any United Nations voluntary agen- this important legislation. The other tions to democracy, human rights, and market cy’’ after ‘‘trafficking’’. side has repeatedly blocked efforts to economics, to be made available to independent GLOBAL AIDS ASSISTANCE democratic groups in Cuba. take the traditional step of going to SEC. 699K. For an additional amount for conference with the House to resolve (2) Humanitarian assistance to victims of po- ‘‘Global AIDS Initiative’’, $289,000,000, to re- litical repression, and their families. main available until September 30, 2006, for pro- outstanding matters and, in turn, then (3) Support for democratic and human rights grams for the prevention, treatment, and control put the President’s good goals into law. groups in Cuba. of, and research on, HIV/AIDS, tuberculosis, While there have been many argu- (4) Support for visits and permanent deploy- and malaria, which may include additional con- ments and claims made by the other ment of independent international human rights tributions to the Global Fund to Fight AIDS, side about why we cannot go to con- monitors in Cuba. Tuberculosis, and Malaria. (b) In this section: ference on the CARE Act, they seem to (1) The term ‘‘independent nongovernmental INTERNATIONAL MILITARY TRAINING ASSISTANCE have settled now on one, that the organization’’ means an organization that the FOR INDONESIA CARE Act is not going forward because Secretary of State determines, not less than 15 SEC. 699L. (a) Subject to subsection (b), none of concerns that Democrat conferees days before any obligation of funds made avail- of the funds appropriated under the heading from the Senate will not be able to able under this section to the organization, is a ‘‘INTERNATIONAL MILITARY EDUCATION AND meaningfully participate in this con- charitable or nonprofit nongovernmental orga- TRAINING’’ shall be made available for Indo- nesia, except that such prohibition shall not ference. nization that is not an agency or instrumen- I think, at least in the case of any tality of the Cuban Government. apply to expanded military education and train- (2) The term ‘‘individuals’’ means a Cuban ing. legislation coming out of the Finance national in Cuba, including a political prisoner (b) The President may waive the application Committee, that sort of argument is and the family of such prisoner, who is not an of subsection (a) if the President determines that pure nonsense. There is nothing in the official of the Cuban Government or of the rul- important national security interests of the history of this specific act, the CARE ing political party in Cuba, as defined in section United States justify such a waiver and the Act, or my dealings with the other 4(10) of the Cuban Liberty and Democratic Soli- President submits notice of such a waiver and side, that would give the other side darity (LIBERTAD) Act of 1996 (22 U.S.C. justification to the Committees on Appropria- cause to suggest that they have jus- tions in accordance with the regular notifica- 6023(10)). tification to be concerned they would (c) The notification requirements of section tion procedures of such Committees. (c) Respect of the Indonesian military for be shut out. 634A of the Foreign Assistance Act of 1961 (22 The CARE Act has at all times been U.S.C. 2394–1) shall apply to any allocation or human rights and the normalization of the mili- transfer of funds made pursuant to this section. tary relationship between the United States and a bipartisan effort, beginning with Sen- RESPONSIBLE JUSTICE AND RECONCILIATION Indonesia is in the interests of both countries. ators SANTORUM and LIEBERMAN as the MECHANISMS IN CENTRAL AFRICA The normalization process cannot begin until prime sponsors of this CARE Act. In SEC. 699H. (a) Of the funds appropriated the Federal Bureau of Investigation has re- addition, I have worked closely with under title II under the heading ‘‘ECONOMIC ceived full cooperation from the Government of Senator BAUCUS on this matter as well SUPPORT FUND’’, $12,000,000 should be made Indonesia and the Indonesian armed forces with as other members of the Democratic available to support the development of respon- respect to its investigation into the August 31, side of the aisle. Many of the provi- 2002, murders of two American citizens and one sible justice and reconciliation mechanisms in sions of this bill are due to priorities the Democratic Republic of the Congo, Rwanda, Indonesian citizen in Timika, Indonesia, and the individuals responsible for those murders and concerns voiced by the minority. I Burundi, and Uganda, including programs to think it is fair to say that, as chair- increase awareness of gender-based violence and have been prosecuted and appropriately pun- improve local capacity to prevent and respond ished. man, no one has gone further in work- to such violence. TECHNICAL CORRECTION RELATING TO THE ing with and listening to the other side SEC. 699I. Beginning not later than 60 days ENHANCED HIPC INITIATIVE. on matters that are of concern, not after the date of enactment of this Act, the Co- SEC. 699M. Section 1625(a)(1)(B)(ii) of the only in the CARE Act but in all legisla- ordinator should make publicly available (in- International Financial Institutions Act (as tion considered by the Finance Com- cluding through posting on Internet web sites added by section 501 of the United States Lead- mittee. maintained by the Coordinator) prices paid to ership Against HIV/AIDS, Tuberculosis, and The relationship between Senator purchase HIV/AIDS pharmaceuticals, antiviral Malaria Act of 2003 (Public Law 108–25)) is BAUCUS and I working cooperatively is amended by striking ‘‘subparagraph (A)’’ and therapies, diagnostic and monitoring tests, and too well known for the leadership on other appropriate medicines, including medi- inserting ‘‘clause (i)’’. cines to treat opportunistic infections, for the This Act may be cited as the ‘‘Foreign Oper- the other side to ignore. I intend that treatment of people with HIV/AIDS and the pre- ations, Export Financing, and Related Programs tradition of bipartisanship to continue vention of mother-to-child transmission of HIV/ Appropriations Act, 2004’’. in conference on the CARE Act. In fact, AIDS in developing counties— f let me make it very clear. I give my (1) through the use of funds appropriated word at this time, as at other times, under this Act; and THE CARE ACT that all conferees from the Senate will (2) to the extent available, by— Mr. GRASSLEY. Mr. President, I rise be meaningfully participating in the (A) the World Health Organization; and (B) the Global Fund to Fight AIDS, Tuber- to speak on the CARE Act. The CARE conference, and I am confident we will culosis, and Malaria. Act is the President’s initiative to come back from conference with a bill ASSISTANCE FOR HIV/AIDS strengthen the work of charities in this that will enjoy similar strong bipar- SEC. 699J. The United States Leadership country by providing greater incen- tisan support enjoyed by the CARE Act Against HIV/AIDS, Tuberculosis, and Malaria tives to give to nonprofits. Recent when it first passed the Senate.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13830 CONGRESSIONAL RECORD — SENATE November 3, 2003 I cannot make a stronger statement Let me close by saying I have ad- proceed to the immediate consider- or commitment. To reject it is to sug- dressed the other side’s stated con- ation of H.R. 7, as reported by the Sen- gest that the Democratic leadership cerns. I have given my personal com- ate Finance Committee; that there be does not think that I and Senator BAU- mitment that Democratic Members only two amendments in order, which CUS will continue our tradition of will be meaningful participants in the are at the desk; that those amend- working in a bipartisan spirit on this conference on the CARE Act. If that is ments be agreed to; that the act, as bill. I cannot believe the leadership of their only reason, then I have put that amended, be read a third time and the other side harbors such a view. to rest. If they continue to object, I passed; and the motion to reconsider be So if that is the true reason, concern fear it is for a small reason, maybe a laid upon the table without any inter- that Senate Democrats will not be able petty reason, a reason that puts par- vening action or debate. to meaningfully participate, I have tisanship before the welfare of those I think that will move this very im- given my word that will not be the most in need. If that is the case, I can portant piece of legislation forward, case. So we should now be able to go only state that I am saddened and cer- and we can resolve it within a matter forward with a conference on the legis- tainly disappointed. of days. lation that the minority leader stated, At this point, I ask unanimous con- The PRESIDING OFFICER. Is there when it passed, sent that the Senate proceed to the im- objection to the request by the Senator . . . will get meaningful aid to organiza- mediate consideration of H.R. 7, the from Nevada? tions and institutions that are equipped to charitable giving bill. I further ask Mr. GRASSLEY. Mr. President, re- help those who need help the most. unanimous consent that all after the serving the right to object—and I will I am worried that even though I have enacting clause be stricken; that the object—first of all, we have advanced addressed the stated concern, we will Snowe amendment and the Grassley- this bill according to the rules of the still not see movement on the CARE Baucus amendments which are at the Senate with the provisions that are Act for unspoken reasons. desk be agreed to en bloc; that the sub- necessary to go to conference. I am dis- When it comes to unspoken reasons, stitute amendment which is the text of appointed we don’t have that oppor- it is just a matter of guess, or maybe S. 476, the Senate-passed version of the tunity to go to conference. This will responding to whispers in the hallways. charitable choice bill, as amended by not be our last effort to try to get to It has been discussed widely in the the Snowe and Grassley-Baucus amend- conference. media that many people ‘‘hate’’ Presi- ments, be agreed to; that the bill, as I appreciate the unanimous consent dent Bush. I fear this hatred is being amended, be read a third time and request by my friend from Nevada, the translated into stopping the Presi- assistant minority leader, because I dent’s signature initiative of strength- passed; that the motion to reconsider know he is sincere in proceeding along ening our charitable arena. be laid upon the table; further, that the The sad thing is that the zeal to keep Senate insist upon its amendments and the lines he would like to proceed. But the President from having a ‘‘win’’ will request a conference with the House; I think it does suggest that there is a mean, as well noted by the minority and, lastly, that the Chair be author- nervousness on the other side as to the leader, ‘‘fewer meals for the hungry, ized to appoint conferees with the ratio rightness of my original request and fewer beds for the homeless, fewer safe of 3 to 12, and that any statements re- that we ought to get this to con- havens for battered wives and chil- lating to the bill be printed in the ference. dren.’’ I think this is most unfortunate. RECORD. The conference could be settled very When I questioned President Clin- The PRESIDING OFFICER. Is there quickly. We could get the bill back ton’s AmeriCorps Program 10 years objection? here and for charitable organizations ago, I did not seek to end that pro- Mr. REID. Mr. President, reserving and for military families, and also try gram. I sought to reform it and to the right to object, first of all, I say to to help low-income families with re- make it work the way President Clin- my friend that I have the greatest ad- fundable tax credits, as has been the ton intended that it work. I thought miration and respect for the Senator position of the Senate for a long period then that President Clinton had a right from Iowa. I don’t say that lightly. No of time. to a small program for which he had one I know of has ever questioned his I also suggest he may be legitimately campaigned so aggressively. President ability to be a legislator in the truest concerned about how the other body Bush deserves the same courtesy by al- sense of the word. handles conferences. I appreciate his lowing these tax initiatives for Let me also say—and I speak for my- understanding that I try to be fair. But chartable giving to go through. self and I hope I speak for everyone on in the process, comity dictates that I am also concerned that overlooked this side—that I don’t hate President what the other body does the other is that the CARE Act contains many Bush. I disagree with him on certain body does, and we have to work within other provisions Members are stopping. issues. I certainly don’t hate him. I the environment of what we can con- Let us not forget that the CARE Act is don’t dislike President Bush. I like trol. What we can control is what the paid for by the most sweeping efforts him. In all of our meetings, on a per- Senate does. Along those lines, I have to stop tax shelters in a generation. sonal basis, he has been very cordial. made my commitment that there be Those who stop the CARE Act are cer- He seems to be a very nice man, and he full Democrat participation, and that tainly being cheered on by the huck- is President of the United States; I rec- is about as far as I can go. sters selling tax shelters so that cor- ognize that. But on some issues, I dis- So I object to the unanimous consent porations can continue to avoid fair agree. request by the Senator from Nevada, taxation. This matter of how we should pro- the assistant minority leader. In addition, the CARE Act also now ceed has nothing to do with the integ- The PRESIDING OFFICER. Objec- includes legislation that will provide rity of the chairman of the Finance tion is heard. tax relief for our military as well as Committee. It has everything to do Mr. GRASSLEY. Mr. President, I low-income families with children. I with what has happened with the Re- yield the floor. I thank the Senator have never seen such hand-wringing in publican leadership in the House and from Nevada. this Chamber as has been the case re- the Senate as to what happened with f garding the need to pass military tax the bills that need to go to conference. UNANIMOUS CONSENT REQUEST— relief and expanded child credit for We, of course, over here are very con- H.R. 1904 low-income families. Now that we have cerned—and it is almost to a point of a chance to have these matters go to frightening—with these nonconferences Mr. MCCONNELL. Mr. President, I conference on a bill that has a real that take place. ask unanimous consent that with re- chance of becoming law, we are being I object, and I will put forward my spect to H.R. 1904, the Healthy Forests stopped by the Democratic minority. I own unanimous consent request. bill, the Senate insist upon its amend- am worried that what is desired by The PRESIDING OFFICER. Objec- ments and request a conference with some is an issue—not a solution to the tion is heard. the House. I further ask that the Chair child credit for low-income families Mr. REID. Mr. President, I ask unan- be authorized to appoint conferees at a and tax relief for military personnel. imous consent that the Senate now ratio of 3–2.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13831 Mr. REID. Reserving the right to ob- should take our suggestion. It is not able with respect to deceased members of the ject, Mr. President, we have had a dif- anything unique. It has been done Armed Forces and to exclude such gratuity ficult time with conference commit- many times in the past. We have done from gross income. tees. A perfect example is the very im- it this year; that is, just take what we There being no objection, the Senate portant Medicare conference. With that have passed in the Senate and send it proceeded to consider the bill. matter, we have had the majority say to the House. If there is something Mr. GRASSLEY. Mr. President, we you can have two Democrats attend, they don’t like, they can send it back are tonight adopting long overdue leg- but they are the only ones. If anybody to us with an amendment. That would islation to rectify a number of inequi- else comes into the room who should be my suggestion. ties faced by members of our Nation’s not be on the conference, we will ter- armed services. f Since the terrorist attacks of Sep- minate that session of the conference. tember 11, these brave men and women Conferences have not been as we be- UNANIMOUS CONSENT REQUEST— have been called upon to make terrific lieve they should, where you have H.R. 7 sacrifices. They have left their families Mr. MCCONNELL. Mr. President, I Democrats representing the minority and friends behind for months at a ask unanimous consent that the Sen- and Republicans representing the ma- time to willingly cast themselves into ate proceed to the immediate consider- jority meeting and trying to work out harm’s way. Whether in Afghanistan, ation of H.R. 7, the charitable giving issues. These matters are simply re- Iraq, or on whatever battlefield the war solved behind closed doors with Demo- bill. I further ask unanimous consent against terrorism must be fought, crats having no input. Regarding the that all after the enacting clause be these courageous patriots have put very important supplemental, which stricken and the Snowe amendment their lives on the line to defend our was completed and voted on and passed and the Grassley-Baucus amendment, freedoms. today, Senator STEVENS specifically which are at the desk, be agreed to en While I realize that we could never said on the floor he would have a full bloc; that the substitute amendment, begin to fully repay these fine young participation of all conferees. We did which is the text of S. 476, the Senate- Americans—not to mention the loved that. The conference took 2 days. It passed version of the charitable giving ones they leave behind—the Senate has was tough and grueling. We won very bill, as amended by the Snowe and an opportunity tonight to show our few issues, but at least we had a con- Grassley-Baucus amendments, be gratitude for their sacrifices. ference. agreed to; that the bill, as amended, be The legislation before us, which the Healthy Forests is a bill I support read a third time and passed; that the Finance Committee first developed wholeheartedly. As I indicated with the motion to reconsider be laid upon the during the 107th Congress, will ensure votes taken by the Senate on this table; further, that the Senate insist that members of the uniformed serv- issue, most Democrats support this on its amendment and request a con- ices, the National Guard, and the for- issue. But we want a conference. We ference with the House; that the Chair eign service are treated fairly in all as- are not going to get one. What we sug- be authorized to appoint conferees with pects of the tax code. gest is we take our bill and merge it a ratio of 3 to 2; and that any state- First, this legislation ensures that with the House bill and send it back to ment relating to the bill be printed in the families of military personnel the House. If they don’t like some- the RECORD. called into active duty are not dis- thing, they can send it back with The PRESIDING OFFICER. Is there advantaged under the home sale exclu- amendments. That is what we rec- objection? sion. Unlike most Americans, military ommend and that is how we are going Mr. REID. Reserving the right to ob- personnel who are called to active duty to stand on the issue. ject. or asked to relocate often lack the Respectfully, I object to the unani- The PRESIDING OFFICER. The Sen- flexibility to meet residency require- mous consent request. ator from Nevada. ments under the exclusion and are ad- The PRESIDING OFFICER. Objec- Mr. REID. Mr. President, the chair- versely impacted by these rules. This tion is heard. man of the Finance Committee, Sen- legislation would suspend the residency Mr. MCCONNELL. Mr. President, we ator GRASSLEY, and this Senator just test for periods of active duty aggre- have had forest fires raging in the West had a discussion on this same issue. gating no more than 10 years. for a number of years, and this year it We are concerned about going to con- We should not punish members of our military and their families who are finally hit in a big State—California— ference because there will wind up asked to relocate in the name of serv- and destroyed the home of the chair- being no conference. What we want to man of the House Armed Services Com- ice to their country. do is merge the Senate bill with the This legislation also clarifies that de- mittee. Finally, it got the attention of House bill, send it back to the House, pendent care benefits provided to fami- large numbers of Americans, including and if they have a problem, they can lies of the uniformed services will not Members of this body. send it back to us. Therefore, I object. be treated as taxable compensation. With all due respect to my friend The PRESIDING OFFICER. Objec- The provision of affordable childcare is from Nevada, the way we do legislation tion is heard. an important function of the military is we appoint conferees and the House Mr. MCCONNELL. Mr. President, as during peacetime; but it is never more and Senate work out their differences. my friend from Nevada indicates, once critical than during periods of con- I hope some time before we are out of again the normal legislative process is flict—families. session this year we will be able to fol- being prevented by not allowing con- We must also not forget about the in- low the normal legislative procedure ferees from the House and Senate to be creasing role that Reserve and Na- and give the conferees a chance to rec- approved, which is typically the way tional Guard members fulfill in our Na- oncile the differences between the differences between House and Senate tion’s defense. Currently, more than House and the Senate and move for- bills are resolved. 157,000 reservists and National Guard ward on this most important issue, be- f are on active duty status—most assist- cause it is not going away. It is going ing in Operation Iraqi Freedom. We FALLEN PATRIOTS TAX RELIEF to continue to be a problem summer have begun to rely increasingly on after summer. ACT these service personnel to defend our Mr. REID. Mr. President, if I may be Mr. MCCONNELL. Mr. President, I borders and to serve and protect in recognized to respond to my friend. ask unanimous consent that the Sen- other areas of the world. The PRESIDING OFFICER. The Sen- ate proceed to the immediate consider- This legislation will allow an above- ator from Nevada is recognized. ation of H.R. 3365. the-line deduction for travel expenses Mr. REID. Mr. President, the fires in The PRESIDING OFFICER. The that these men and women incur re- California were disastrous. But what clerk will report the bill by title. lated to training assignments. This happened in California is not going to The legislative clerk read as follows: provision will at least partially reim- be changed by virtue of a conference. A bill (H.R. 3365) to amend title 10, United burse national guard members and re- We believe if the majority really wants States Code, and the Internal Revenue Code servists for the expenses they incur a bill—and I believe they do—they of 1986 to increase the death gratuity pay- when they travel for weekend drills.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13832 CONGRESSIONAL RECORD — SENATE November 3, 2003 The Armed Forces Tax Fairness Act was passed by the Senate in May. Contingency operations are just as also ensures that military personnel These provisions are vital to ensuring demanding as combat zone deploy- serving in Secretary of Defense des- tax equity for our active duty military ment, although not always in the same ignated ‘‘contingency operations’’ re- and reservists. manner. For example, in our current ceive appropriate relief from the ad- Let me explain these provisions. war on terrorism, this proposal would ministrative burdens of our tax laws First, the House bill does not include help members of our Special Forces in during participation in those oper- the exclusion of gain on the sale of a the Philippines supporting Operation ations. principal residence. Enduring Freedom. These troops are What’s more, this legislation is com- In 1997, Congress passed legislation just as focused on accomplishing their pletely offset. All of the military tax revising the taxation of capital gains critical mission as our troops in the fairness provisions in this legislation on the sale of a person’s principal resi- Iraqi combat zone. are fully funded by extending Customs dence. Fourth, the House bill does not pro- user fees. The new law provides that up to vide an above-the-line deduction for As we consider this legislation to- $250,000—or $500,000 for a married cou- overnight travel expenses of National night, the men and women of our ple—is excluded on the sale of a prin- Guard and Reserve members. Some re- armed forces remain in hostile situa- cipal residence if the individual has servists who travel one weekend per tions, battling terrorism wherever that lived in the house for at least 2 of the month and two weeks in the summer battle may lead. At the same time, previous 5 years. for Reserve duty incur significant trav- their loved ones—wives, husbands, par- However, when enacted, Congress el and lodging expenses. ents, children—remain at home, mak- failed to provide a special rule for mili- For the most part, these expenses are ing equally demanding sacrifices as tary and Foreign Service personnel not reimbursed. Under current law, they struggle to make ends meet. It is who are required to move either within these are deductible as itemized deduc- deeply regrettable that Congress has the U.S. or abroad. tions but must exceed 2 percent of ad- delayed so long to enact this common- Our proposal in the Armed Forces justed gross income. sense legislation. Tax Fairness Act would permit service For lower income reservists, this de- We must delay no longer. I urge my personnel and members of the Foreign duction does not provide a benefit, be- colleagues to support this legislation Service to suspend the 5-year period cause they do not itemize. For higher to provide the tax relief that our mili- while away on assignment. That means income reservists, the 2 percent floor tary personnel need and deserve. that those years would not count to- limits the amount of the benefit of the Mr. BAUCUS. Mr. President, I rise ward either the 2 years or the 5-year deductions. today in support of this amendment to periods. Senators MCCAIN, GRAHAM, In my home State of Montana, we the Fallen Patriots Tax Benefit Act of and LINCOLN proposed a bill in the last have approximately 3,500 reservists— 2003. The bill that we received from the session to correct this. 800 of whom travel each month across House includes two important provi- Second, the House bill does not allow the State for their training. These 800 sions that the Senate has already ap- for the exclusion from taxable income reservists pay travel and lodging ex- proved this year. However, it does not of amounts received under the Military penses out of their own pocket. include the numerous other provisions Housing Assistance Program. The De- Montana ranks 48th in the Nation for that the Senate has passed to ensure partment of Defense provides payments per capita personal income. So that equity for military personnel. This to members of the Armed Services to $200 expense for Reserve duty every amendment would add these important offset diminution in housing values due month means a lot to the Montana re- provisions. to military base realignment or clo- servist. Yet, they continue selflessly to First, the House bill doubles the sure. provide their services to our country at amount of the death gratuity pay- For example, if a house near a base their own expense. For those reservists ments for members of our military. was worth $140,000 prior to the base clo- who travel out of State for their train- Under current law, the families of mili- sure and $100,000 after the base closure, ing, this expense is even higher. tary personnel receive a death gratuity DOD may provide the owner with a The proposal in the Armed Forces benefit of $6,000. This bill would in- payment to offset some, but not all, of Tax Fairness Act would provide an crease that amount to $12,000. The Sen- the $40,000 diminution in value. Under above the line deduction for overnight ate included this provision in the de- current law, those amounts are taxable travel costs and would be available for fense authorization bill that is cur- as compensation. all reservists and members of the Na- rently in conference. We should ensure that those men and tional Guard. Second, the House bill ensures that women losing value in their homes due Fifth, the House bill does not expand these payments will not be subject to to a Federal Government decision are the rules to qualify for membership of taxation. Under current law, death gra- not adversely affected financially. veterans organizations. Currently, tuity benefits are excludable from in- The proposal in the Armed Forces qualified veterans organizations under come only to the extent they were as of Tax Fairness Act would provide that section 501(c)(19) of the tax code both September 9, 1986, which was $3,000. payments for this type of lost value are tax-exempt and contributions to the In 1991, the benefit was increased to not includible into income. organization are tax deductible. $6,000, but the Tax Code was never ad- Third, the House bill does not expand In order to qualify under 501(c)(19), justed to exclude the additional $3,000 the combat zone filing rules to include the organization must meet several from income. Because of this oversight, contingency operations. Under current tests. For example, 75 percent of the the U.S. Government has been taxing law, military personnel in a combat members must be current or former families for the death of a family mem- zone are afforded an extended period military, and substantially all of the ber who died in combat. for filing tax returns. other members must be either spouses, The House bill would make the entire However, this does not apply to con- widows, or widowers of current or $12,000 death gratuity benefit tax-free, tingency operations. This proposal in former military. and ensure that families are not hit the Armed Forces Taxes Fairness Act The proposal in the Armed Forces with a tax bill during their most dif- would extend the same benefits to mili- Tax Fairness Act would permit lineal ficult hour. This provision was in- tary personnel assigned to contingency descendants and ancestors to qualify as cluded in the Senate passed Armed operations. eligible members of these important Forces Tax Fairness Act. It cannot be easy trying to figure out groups. That is what this bill does. Now let our complicated tax system while you It is important that our veterans or- me talk about what the House bill does are overseas and protecting our na- ganizations continue the good work not do. tion’s freedom. Those men and women that they do. But, as the organizations This bill does not include the numer- who are sent to uphold democracy and age, they are in danger of losing tax- ous other provisions for military per- freedom in other countries are con- exempt status. The Armed Forces Tax sonnel that were included in the Armed fronted with the same filing complica- Fairness Act helps ensure the vitality Forces Tax Fairness Act of 2003, which tions as combat zone personnel. of these organizations.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13833 Sixth, the House bill does not clarify However, some of our colleagues in the bill, as amended, be read a third the tax treatment of childcare sub- the House have objected to this provi- time and passed; that the title amend- sidies. I want to ensure that parents in sion. So in the interest of enacting ment be agreed to; that the motions to the military can continue their dedi- these important military tax provi- reconsider be laid upon the table, en cated service with the knowledge that sions as quickly as possible, the Senate bloc; and that any statements relating their children are well taken care of. changed the offset to a simple exten- to the bill be printed in the RECORD. The military provides extensive sion of the present law customs user The PRESIDING OFFICER. Without childcare benefits to its employees. fees. objection, it is so ordered. Employees at DoD-owned facilities pro- The Senate amendment to the House The amendment (No. 2051) was agreed vide childcare services while other bill would add these very important to. areas with non-DoD owned facilities nine provisions. In addition, it would (The amendment is printed in today’s contract out their childcare. add an offset that the House has not RECORD under ‘‘Text of Amendments.’’) When Congress passed the Tax Re- opposed this offset in the past. We hope The title amendment (No. 2052) was form Act of 1986, we included a provi- that this compromise on our part will agreed to, as follows: sion stating that qualified military allow them to pass the provisions from Amend the title so as to read: ‘‘An Act to benefits are excluded from income. It is the Armed Forces Tax Fairness Act amend title 10, United States Code, and the not absolutely clear whether childcare that we have included in this amend- Internal Revenue Code of 1986 to increase the provisions are covered under this provi- ment. death gratuity payable with respect to deceased members of the Armed Forces and to sion. The passage of the death gratuity The proposal in the Armed Forces exclude such gratuity from gross income, to payments provision is an important provide additional tax relief for members of Tax Fairness Act would clarify that first step. However, there are thou- any childcare benefit provided to mili- the Armed Forces and their families, and for sands of men and women in uniform other purposes.’’. tary personnel would be excludable that are depending on us to pass the The bill (H.R. 3365), as amended, was from income. other ten provisions included in the Seventh, the House bill does not read the third time and passed. Armed Forces Tax Fairness Act. allow students at the Service Acad- (The bill will be printed in a future Simply put, there is absolutely no ex- edition of the RECORD.) emies to use their education savings cuse if Congress fails to pass the Armed account funds. In contrast, the Armed f Forces Tax Fairness Act this year. Forces Tax Fairness Act does permit Everyday, our military men and GIVING PRIORITY TO PASSING penalty-free withdrawals from edu- women fight for our freedom and the TAX RELIEF LEGISLATION FOR cation savings accounts and qualified freedom of every American. Their sac- MILITARY PERSONNEL tuition programs made on account of rifices are great. Passing the other ten the attendance of the account holder or Mr. MCCONNELL. Mr. President, I provisions included in the Armed beneficiary at any of the Service Acad- ask unanimous consent that the Sen- Forces Tax Fairness Act is not a lot for emies. The amount of the funds that ate proceed to the immediate consider- them to ask of Congress. ation of S. Res. 257, submitted earlier can be withdrawn penalty-free is lim- I urge my colleagues in the House to ited to the costs of advanced education today by Senator LANDRIEU. pass the Senate amendment to the in that calendar year. The PRESIDING OFFICER. The Fallen Patriots Act of 2003. Eighth, the House does not allow the clerk will report the resolution by Ms. COLLINS. Mr. President, I want IRS to suspend the tax-exempt status title. to express my full support for the pas- of terrorist organizations. Under cur- The legislative clerk read as follows: sage of H.R. 3365, the Fallen Patriots rent law, there is no procedure for the A resolution (S. Res. 257) expressing the Tax Relief Act. Earlier this year, the IRS to suspend the tax-exempt status sense of the Senate that Congress should of an organization. Senate passed S. 704, introduced by my- give priority to passing legislation to pro- The Armed Forces Tax Fairness Act self, Senator WARNER, Senator MCCAIN, vide tax relief for United States military would allow the suspension of the tax- Senator ALLEN, and Senator BEN NEL- personnel and should offset the cost of such exempt status of an organization for SON, which would have increased the tax relief with legislation preventing indi- death gratuity paid to the survivors of viduals from avoiding taxes by renouncing any period during which the organiza- United States citizenship. tion is designated or identified by Ex- deceased members of our military from ecutive Order as a terrorist organiza- $6,000 to $12,000. Further, it would There being no objection, the Senate tion. make this increase retroactive to Sep- proceeded to consider the resolution. Ninth, the House bill does not pro- tember 11, 2001. I am pleased that H.R. Ms. LANDRIEU. Mr. President, today vide tax relief for families of those 3365 incorporates this legislation. the Senate passed the Military Tax killed in the Space Shuttle Columbia. There is no better way to honor the Fairness Act of 2003, about $1.1 billion Current law provides for income tax, memories of fallen soldiers than to en- in tax relief for our military families. I estate tax, and death benefit relief to sure that their loved ones receive the support this bill. We all support this soldiers who are killed in a combat support they deserve. The death gra- bill. In fact, we passed this unani- zone, victims of the September 11 at- tuity is provided within days to the mously or near unanimously on a tacks, the Oklahoma City bombing vic- family of the servicemember killed coupe of previous occasions. We are tims, and the victims of the anthrax while on active duty. These funds help visiting this bill again today because attacks. the family to deal with immediate the House of Representatives does not The crew of the Space Shuttle Colum- needs during this difficult time. Given like the offset we used to pay for the bia was heroic in every sense of the the sacrifices of our troops currently in bill. We paid for it by taxing individ- word. We have a duty to those who lost Iraq. I believe that this increase in as- uals who renounce their United States their lives for the advancement of sistance is far past due. citizenship in order to avoid paying science and increasing our knowledge H.R. 3365 also ensures that the death U.S. taxes. of the world we live in. The Armed gratuity is tax free. I fully support this It is astounding to me that this bill Forces Tax Fairness Act would make legislation, and believe that it sends a keeps getting bounced back and forth all of the above benefits available to strong message of support to our between the Senate and the other body the families of the Columbia crew. troops. As the brave men and women of over this issue. We are talking about The tenth and final difference be- our military continue to go in harm’s tax relief for military families and we tween the House bill before us and the way in defense of our Nation, it is cru- want Americans who are exploiting tax Armed Forces Tax Fairness Act is that cial that they do so with the con- loop holes to step up and make that re- the bill before us is not offset. In confidence that their families will have lief possible. Most of these people have trast, the Armed Forces Tax Fairness our full support should tragedy occur. known great financial success. They Act is completely offset by strength- Mr. MCCONNELL. Mr. President, I were blessed by the economic oppor- ening the collection of taxes from peo- ask unanimous consent that the tunity that our nation’s liberty gives ple who have renounced their U.S. citi- McCain-Baucus-Grassley amendment, us and the free enterprise system zenship in order to avoid U.S. taxes. which is at the desk, be agreed to; that which make those fortunes possible.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13834 CONGRESSIONAL RECORD — SENATE November 3, 2003 Those blessings were secured by our laid upon the table, and that any state- Mr. COCHRAN. Mr. President, on No- military personnel. Every year, the ments relating to the resolution be vember 3, 2003, the Agricultural Re- United States Treasury loses about $80 printed in the RECORD, without inter- search Service, the primary research million on individuals who decide that vening action or debate. agency in the U.S. Department of Agri- they would prefer to have their cake The PRESIDING OFFICER. Without culture, will celebrate its 50th anniver- and eat it too. They want American objection, it is so ordered. sary. To commemorate this special an- markets, they want American prestige, The resolution (S. Res. 257) was niversary, I, along with Senator HAR- they want American stability, but they agreed to. KIN, am offering a Senate joint resolu- do not want the obligations that ac- The preamble was agreed to. tion to recognize the important con- crue to American citizenship. All the The resolution, with its preamble, tributions the Agricultural Research Senate was saying is if you benefited reads as follows: Service provides to the agriculture from this nation’s security, you should S. RES. 257 community and to the Nation. Al- be willing to pay for it. Whereas Congress is responsible for pro- though ARS can trace its heritage When the Senate first considered this viding United States military personnel with back to early 19th century seed collec- legislation, I had hoped to include a the equipment, supplies, and other resources tion activities in the U.S. Patent Of- tax credit for the private sector em- needed to preserve our freedom; fice, it was officially organized on No- Whereas Congress is responsible for pro- ployers of our National Guard and Re- viding United States military personnel with vember 2, 1953, when USDA consoli- serve. When our Guard and Reserves a comprehensive compensation package; dated most of its research functions answer the call to serve they leave Whereas, since 2001, Congress has passed into the newly named Agricultural Re- jobs, homes, and most of all, their fam- and the President has signed legislation pro- search Service. Today, ARS is a public ilies behind. Many employers continue viding for $1,750,000,000,000 in tax relief; institution that conducts agricultural to pay all or part of the salaries of Whereas the Senate has passed legislation research exclusively for the public those employees who get called up. My providing for $1,100,000,000 in additional tax good. The research is often long-term legislation would provide those patri- relief for United States military personnel and costly, and unlikely to be under- and their families; otic employers with a tax credit for Whereas United States citizens benefit taken by the private sector. The ARS paying up to 50 percent of the salaries from economic opportunities which arise discoveries and innovations touch the for their Guard and Reserve employees. from the liberty protected by United States lives of every American through the I understand that my legislation can- military personnel; food we eat, the clothes we wear, and not be included in this bill. So I am in- Whereas the United States loses approxi- the environment in which we live. troducing a sense of the Senate resolu- mately $80,000,000 per year in tax revenue I am very proud of the accomplish- tion to put us on record as supporting from individuals who renounce United States ments ARS has made in my State. For these employers. The resolution states citizenship; example, ARS established the Lower Whereas the Senate has unanimously Mississippi Delta Nutrition Interven- that we should pay for this tax credit passed legislation which prevents individuals by closing the expatriation loophole. from avoiding taxes by renouncing United tion Research Initiative in 1995 to im- The facts are simple, and they are States citizenship as an offset to the cost of prove the health of residents of the laid out in this resolution. Since 2001, providing tax relief for the 1,400,000 active Mississippi Delta through nutrition the President has signed tax cuts duty military personnel and the 1,200,000 intervention research. ARS has amounting to $1.75 trillion. Today, members of the National Guard and Re- partnered with, among others, the Uni- military families will get their first serves; and versity of Southern Mississippi in Hat- taste at direct relief. Yet, this bill Whereas Congress has asked the Comp- tiesburg and Alcorn State University amounts to less than .1 percent of the troller General of the United States to con- in Lorman to identify food and nutri- duct a study on the total compensation tax relief that the Government has package provided for United States military tion problems in communities and to doled out. No one could justify this to personnel in order to ensure that the unique design nutrition interventions to deter- voters. So it’s been happening behind needs of military personnel are addressed: mine how and why people make food closed doors—in conference reports, Now, therefore, be it choices, and how those choices could be and parliamentary maneuvering. This Resolved, That it is the sense of the Senate improved. Another fine example of the resolution is a first step to putting a that— partnership between the ARS and our bright, hot spotlight on the truth. The (1) Congress should give priority to passing Mississippi universities is the Southern legislation to provide tax relief for— leadership of the House Ways and (A) United States military personnel, in- Horticultural Laboratory in Means Committee is more interested in cluding those serving in the National Guard Poplarville. This ARS small fruit re- protecting expatriate corporations, and Reserves; and search facility, in cooperation with than it is in providing meaningful tax (B) the employers of active duty members Mississippi State University, has led in benefits to the men and women of our of the National Guard and Reserves; and the establishment of a vibrant blue- Armed Forces. (2) the cost of such tax relief should be off- berry industry in South Mississippi and I am glad for what we are doing in set by legislation which prevents individuals other Gulf Coast States and has now this bill, but there is so much more from avoiding taxes by renouncing United expanded to include research on States citizenship. that can be done and should be done. ornamentals and vegetables. Personally, I believe that a military f The ARS Catfish Genetics Research tax vehicle should be used to discuss FIFTY YEARS OF OUTSTANDING Unit at Stoneville, in partnership with military tax issues. However, the Sen- SERVICE BY AGRICULTURAL RE- Mississippi State University, bred a ate cannot stand in the way of imme- SEARCH SERVICE new catfish variety, NWAC 103, and released it in February 2001. This marks diate relief to the families of those who Mr. MCCONNELL. Mr. President, I have given the ultimate sacrifice in ask unanimous consent that the Sen- one of the few times genetic research battle. For that reason, we are passing ate proceed to the immediate consider- has improved catfish since the industry this resolution today to send a signal ation of S.J. Res. 22, which was intro- started in the United States in the late that this imbalance must come to an duced earlier today. 1950s. Since then, catfish has become end. The PRESIDING OFFICER. The one of the most successful aquacultural I appreciate the chairman and rank- clerk will report the joint resolution enterprises, thereby guaranteeing a ing member of the Finance Committee by title. plentiful supply of high-quality fish to for agreeing to this resolution in con- The legislative clerk read as follows: consumers. Also, ARS scientists, in junction with the underlying bill. I A joint resolution (S.J. Res 22) recognizing partnership with the University of Mis- look forward to working with them in the Agricultural Research Service of the De- sissippi scientists, invented a new nat- the future on giving this tax relief to partment of Agriculture for 50 years of out- ural product-based algaecide for use in America’s employers. standing service to the Nation through agri- catfish aquaculture, thus providing an Mr. MCCONNELL. Mr. President, I cultural research. alternative to synthetic herbicides. ask unanimous consent that the reso- There being no objection, the Senate A special ARS project in the late lution and preamble be agreed to en proceeded to consider the joint resolu- 1990s in Mississippi showed that farm bloc, that the motion to reconsider be tion. runoff is not damaging Mississippi

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13835 groundwater. Data from the 7,320-acre it was first reported in Ohio in 1833. logical developments that address agricul- Mississippi Delta Management Sys- Outbreaks occurred frequently over the tural problems of broad scope and high na- tems Evaluation Areas in Sunflower years, some resulting in the loss of tional priority, ensure safe and high quality and LeFlore counties showed contami- more than one in 10 hogs in the U.S. In food and other agricultural products that meet nutritional needs, and maintain a qual- nation by farm chemicals is not a prob- the early 1960’s, hog cholera was still ity environment and natural resource base; lem. The Mississippi Delta MSEA also costing farmers $50 million per year. and focused on farmland erosion control Agricultural research at USDA on Whereas the Agricultural Research Service and preventing sediment and chemical hog cholera, much of it carried out in continues to play a vital role in maintaining runoff into three oxbow lakes: Beasley, Ames, IA, dates back to the 1903 dis- the global competitiveness and leadership of Thighman and Deep Hollow. Tech- covery of the hog cholera virus. ARS the United States in the next millennium: nology being tested in the Delta MSEA large scale studies starting in 1961 de- Now, therefore, be it not only enhances the health of the veloped and tested a program to immu- Resolved by the Senate and House of Rep- lakes, thus increasing fish and duck nize hogs against cholera using killed resentatives of the United States of America in Congress assembled, That Congress— numbers, but may also help growers re- virus. On the advice of ARS, USDA regulatory officials banned interstate (1) recognizes the Agricultural Research duce costs. Service of the Department of Agriculture for To mark its five decades of public shipment of live virus or animals vac- 50 years of outstanding service to the Nation service and, in recognition of the local cinated with live virus. In January through agricultural research; and and national partnerships that are the 1978, Secretary of Agriculture Bob (2) acknowledges the promise of the Agri- foundation of much of their research, Bergland announced that, as a result of cultural Research Service to continue to per- ARS will celebrate with various events an aggressive campaign that employed form outstanding agricultural research in throughout the next year following a the treatment techniques developed by the next 50 years and beyond. kick-off celebration on November 3, ARS, that hog cholera had been en- 2003. tirely eradicated. f I commend the Agricultural Research ARS has had many similar successes. Service on the occasion of its 50th an- The eradication of screwworm in cattle UNANIMOUS CONSENT niversary and look forward to many and Marek’s disease in chickens has AGREEMENT—H.R. 1828 more years of its important service to saved an untold amount of money by preventing livestock losses. It is esti- Mr. MCCONNELL. Mr. President, I the Nation. ask unanimous consent that at a time Mr. HARKIN. Mr. President, 50 years mated that the savings from the to be determined by the majority lead- ago, James Watson and Francis Crick Marek’s disease program is 44.3 times er, in consultation with the minority were identifying the double-helix mol- it’s cost for every dollar spent on im- leader, the Senate proceed to the im- ecule of DNA. The first embryo trans- munization, $44.30 is saved. For those mediate consideration of H.R. 1828, the fers from donor cows to recipients were who suggest that domestic government Syria accountability bill, under the made. The Korean War ended. And the spending does not help the economy, following limitations: That the debate Agricultural Research Service was cre- the work of ARS stands as a great ex- be limited to 90 minutes, with 30 min- ated. ample of a program that works and utes under the control of Senator The creation of ARS was not the be- helps American farmers be the best in LUGAR or his designee, 30 minutes ginning of the Department of Agri- the world. under the control of Senator BIDEN or culture’s efforts in agricultural re- So I salute the scientists of ARS for his designee, and 30 minutes under the search. President Abraham Lincoln their 50 years of service to agriculture, control of Senator SPECTER; that the signed the act creating the depart- and wish them 50 more. There are still Lugar-Boxer-Santorum amendment be ment, which included the charge to many challenges to agriculture, and the only amendment in order and that ‘‘acquire and diffuse among the people ARS will be there working to solve them. the amendment be agreed to; further, of the United States useful information Mr. MCCONNELL. I ask unanimous that upon disposition of the Lugar . . . and to procure, propagate, and dis- consent that the resolution be read the amendment and use or yielding back of tribute among the people new and valu- third time and passed, the preamble be time, the bill, as amended, be read the able seeds and plants.’’ The Depart- agreed to, the motions to reconsider be third time and a vote be scheduled at ment’s commitment to agricultural re- laid upon the table en bloc, and that that time to be determined by the ma- search reaches back nearly 150 years. any statements relating to the resolu- jority leader in consultation with the The ARS itself was created by Sec- tion be printed in the RECORD. minority leader. retary of Agriculture Ezra Taft Benson The PRESIDING OFFICER. Without through a reorganization of the former The PRESIDING OFFICER. Is there objection, it is so ordered. objection. The Senator from Nevada. Agricultural Research Administration, The joint resolution (S.J. Res. 22) on November 2, 1953. was read the third time and passed. Mr. REID. I suggest the absence of a In its 50 years of service, the ARS has The preamble was agreed to. quorum. discovered dozens of ways to protect The joint resolution, with its pre- The PRESIDING OFFICER. The Sen- crops and livestock from pests and dis- amble, reads as follows: ator does not have the floor, so that is ease. It has improved the quality and S.J. RES. 22 inappropriate. safety of agricultural products. It has Whereas the Agricultural Research Service Mr. REID. I object then. played a critical role in developing nu- is the primary research agency of the De- The PRESIDING OFFICER. The ob- trition standards and carrying out nu- partment of Agriculture and provides the De- jection is heard. trition research. It has also developed partment of Agriculture and other Federal Mr. MCCONNELL. I suggest the ab- techniques to maintain the quality of offices with objective research that is crit- sence of a quorum. ical to the missions of those offices; our soil, perhaps our greatest renew- The PRESIDING OFFICER. The able natural resource. Its research has Whereas the agricultural research conducted by the Agricultural Research Service clerk will call the roll. helped farmers work more efficiently has an enormous impact on the economic vi- The legislative clerk proceeded to and profitably. And it has worked to ability of agriculture in the United States call the roll. develop ways to keep food affordable and around the world; Mr. MCCONNELL. Mr. President, I for consumers. Whereas people around the world, espe- My State has been one of the great- cially rural Americans, enjoy a higher qual- ask unanimous consent that the order est beneficiaries of ARS research, and ity of life due in part to the work of the Ag- for the quorum call be rescinded. the National Animal Disease Center at ricultural Research Service to expand sci- The PRESIDING OFFICER. Without Ames, Iowa has played a vital role over entific knowledge; objection, it is so ordered. Whereas the Agricultural Research Service Mr. REID. I withdraw my objection. the years in carrying out the mission has achieved major scientific breakthroughs Mr. MCCONNELL. I renew my re- of ARS. that have benefited farmers, ranchers, agri- Hog cholera was one of the greatest business, and consumers; quest. problems faced by hog farmers in this Whereas the Agricultural Research Service The PRESIDING OFFICER. Without country for more than 130 years, since has made scientific discoveries and techno- objection, it is so ordered.

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13836 CONGRESSIONAL RECORD — SENATE November 3, 2003 RAISING AWARENESS AND EN- their identities, changing jobs, and obtaining The committee amendment was COURAGING PREVENTION OF protection orders; agreed to. STALKING Whereas stalking is a crime that cuts across The concurrent resolution (S. Con. race, culture, gender, age, sexual orientation, Res. 58), as amended, was agreed to. Mr. MCCONNELL. Mr. President, I physical and mental ability, and economic sta- ask unanimous consent that the Sen- tus; The amendment to the preamble was ate proceed to the immediate consider- Whereas stalking is a crime under Federal law agreed to. ation of Calendar No. 359, S. Con. Res. and under the laws of all 50 States and the Dis- The preamble, as amended, was 58. trict of Columbia; agreed to. The PRESIDING OFFICER. The Whereas there are national organizations, The title amendment was agreed to. clerk will report the concurrent resolu- local victim service organizations, prosecutors’ The resolution, with its preamble, tion by title. offices, and police departments that stand ready reads as follows: The legislative clerk read as follows: to assist stalking victims and who are working diligently to craft competent, thorough, and in- S. CON. RES. 58 A concurrent resolution (S. Con. Res. 58) novative responses to stalking; Whereas an estimated 1,006,970 women and expressing the sense of Congress with respect Whereas there is a need to enhance the crimi- 370,990 men are stalked annually in the to raising awareness and encouraging pre- nal justice system’s response to stalking and United States and, in the majority of such vention of stalking in the United States and stalking victims, including aggressive investiga- cases, the person is stalked by someone who supporting the goals and ideals of National tion and prosecution; and is not a stranger; Stalking Awareness Month. Whereas Congress urges the establishment of Whereas 81 percent of women who are There being no objection, the Senate January, 2004 as National Stalking Awareness stalked by an intimate partner are also proceeded to consider the concurrent Month: Now, therefore, be it physically assaulted by that partner, and 76 resolution, which had been reported Resolved by the Senate (the House of Rep- percent of women who are killed by an inti- from the Committee on the Judiciary resentatives concurring), That— mate partner were also stalked by that inti- with an amendment, an amendment to ø(1) it is the sense of Congress that— mate partner; ø Whereas 26 percent of stalking victims lose the preamble, and an amendment to (A) National Stalking Awareness Month provides an opportunity to educate the peo- time from work as a result of their victim- the title. ple of the United States about stalking; ization and 7 percent never return to work; [Strike the parts, shown in black ø(B) all Americans should applaud the ef- Whereas stalking victims are forced to brackets and insert the parts shown in forts of the many victim service providers, take drastic measures to protect themselves, italic.] police, prosecutors, national and community such as relocating, changing their address, S. CON. RES. 58 organizations, and private sector supporters changing their identities, changing jobs, and øWhereas an estimated 1,006,970 women and for their efforts in promoting awareness obtaining protection orders; 370,990 men are stalked annually in the about stalking; and Whereas stalking is a crime that cuts United States and, in the majority of such ø(C) policymakers, criminal justice offi- across race, culture, gender, age, sexual ori- cases, the person is stalked by someone who cials, victim service and human service entation, physical and mental ability, and is not a stranger; agencies, nonprofits, and others should rec- economic status; øWhereas 81 percent of women who are ognize the need to increase awareness of Whereas stalking is a crime under Federal stalked by an intimate partner are also stalking and availability of services for law and under the laws of all 50 States and physically assaulted by that partner, and 76 stalking victims; the District of Columbia; percent of women who are killed by an inti- ø(2) Congress urges national and commu- Whereas there are national organizations, mate partner were also stalked by that inti- nity organizations, businesses in the private local victim service organizations, prosecu- mate partner; sector, and the media to promote, through tors’ offices, and police departments that øWhereas 26 percent of stalking victims National Stalking Awareness Month, aware- stand ready to assist stalking victims and lose time from work as a result of their vic- ness of the crime of stalking; and who are working diligently to craft com- timization and 7 percent never return to ø(3) Congress supports the goals and ideals petent, thorough, and innovative responses work; of National Stalking Awareness Month.¿ to stalking; øWhereas stalking victims are forced to (1) it is the sense of Congress that— Whereas there is a need to enhance the take drastic measures to protect themselves, (A) National Stalking Awareness Month pro- criminal justice system’s response to stalk- such as relocating, changing their address, vides an opportunity to educate the people of ing and stalking victims, including aggres- changing their identities, changing jobs, and the United States about stalking; sive investigation and prosecution; and obtaining protection orders; (B) all Americans should applaud the efforts Whereas Congress urges the establishment øWhereas stalking is a crime that cuts of the many victim service providers, police, of January, 2004 as National Stalking Aware- across race, culture, gender, age, sexual ori- prosecutors, national and community organiza- ness Month: Now, therefore, be it entation, physical and mental ability, and tions, and private sector supporters for their ef- Resolved by the Senate (the House of Rep- economic status; forts in promoting awareness about stalking; resentatives concurring), That— øWhereas stalking is a crime under Federal and (1) it is the sense of Congress that— law and under the laws of all 50 States and (C) policymakers, criminal justice officials, (A) National Stalking Awareness Month the District of Columbia; victim service and human service agencies, non- provides an opportunity to educate the peo- øWhereas there are national organizations, profits, and others should recognize the need to ple of the United States about stalking; local victim service organizations, prosecu- increase awareness of stalking and availability (B) all Americans should applaud the ef- tors’ offices, and police departments who of services for stalking victims; and forts of the many victim service providers, stand ready to assist stalking victims and (2) Congress urges national and community police, prosecutors, national and community who are working diligently to craft com- organizations, businesses in the private sector, organizations, and private sector supporters petent, thorough, and innovative responses and the media to promote, through National for their efforts in promoting awareness to stalking; and Stalking Awareness Month, awareness of the about stalking; and øWhereas there is a need to enhance the crime of stalking. (C) policymakers, criminal justice offi- criminal justice system’s response to stalk- Amend the title so as to read: ‘‘Reso- cials, victim service and human service ing and stalking victims, including aggres- lution raising awareness and encour- agencies, nonprofits, and others should recognize the need to increase awareness of sive investigation and prosecution: Now, aging prevention of stalking by urging therefore, be it¿ stalking and availability of services for the establishment of January 2004 as stalking victims; and Whereas an estimated 1,006,970 women and National Stalking Awareness Month.’’. 370,990 men are stalked annually in the United (2) Congress urges national and community Mr. MCCONNELL. I ask unanimous States and, in the majority of such cases, the organizations, businesses in the private sec- person is stalked by someone who is not a consent that the committee amend- tor, and the media to promote, through Na- stranger; ment be agreed to, the concurrent reso- tional Stalking Awareness Month, awareness Whereas 81 percent of women who are stalked lution as amended, be agreed to, the of the crime of stalking. by an intimate partner are also physically as- amendment to the preamble be agreed f saulted by that partner, and 76 percent of to, the preamble, as amended, be women who are killed by an intimate partner agreed to, the title amendment be APPOINTMENTS were also stalked by that intimate partner; agreed to, the motions to reconsider be The PRESIDING OFFICER. The Whereas 26 percent of stalking victims lose laid upon the table en bloc, and that Chair, on behalf of the Majority Lead- time from work as a result of their victimization and 7 percent never return to work; any statements relating to the resolu- er, pursuant to Public Law 105–83, an- Whereas stalking victims are forced to take tion be printed in the RECORD. nounces the appointment of the fol- drastic measures to protect themselves, such as The PRESIDING OFFICER. Without lowing Senators to serve as members of relocating, changing their address, changing objection, it is so ordered. the National Council of the Arts: the

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 3, 2003 CONGRESSIONAL RECORD — SENATE S13837

ENNETT RICHARD E. BATSON, 0000 Senator from Utah, Mr. B , in The PRESIDING OFFICER. No objec- ERICH J. BAUER, 0000 lieu of the Senator from Alabama, Mr. tion having been heard, without objec- LANCE C. BELBEN, 0000 CHARLES M. BELL, 0000 SESSIONS; the Senator from Ohio, Mr. tion, the request is agreed to. CHERI BENIESAU, 0000 DEWINE. DAMON L. BENTLEY, 0000 f MICHAEL A. BILLEAUDEAUX, 0000 f STEVEN J. BOSAU, 0000 PROGRAM GARY R. BOWEN, 0000 MEASURES PLACED ON THE PETER F. BRADY, 0000 CALENDAR—S. 1805 and S. 1806 Mr. MCCONNELL. For the informa- MICHAEL J. BRANDHUBER, 0000 tion of all Senators, tomorrow morning MARY M. BRITTON, 0000 Mr. MCCONNELL. Mr. President, I MARKO BROZ, 0000 following morning business, the Senate GLENN A. BRUNNER, 0000 understand there are two bills at the will begin consideration of the fair KENNETH R. BRYAN, 0000 desk that are due a second reading. CHRISTOPHER A. BUCKRIDGE, 0000 credit reporting bill. The consent STEPHEN BURDIAN, 0000 The PRESIDING OFFICER. That is agreement provides for a limited list of JAMES D. BURNS, 0000 correct. The clerk will report the titles DAVID A. BUTIERRIES, 0000 amendments, and it is hoped we can CHRISTOPHER J. BUTTON, 0000 of the bills. finish that bill during tomorrow’s ses- MICHAEL E. CAMPBELL, 0000 The legislative clerk read as follows: SEAN M. CARROLL, 0000 sion. ANDREA D. CHAMPAGNIE, 0000 A bill (S. 1805) to prohibit civil liability ac- In addition, moments ago the Senate CHRISTOPHER M. CHASE, 0000 tions from being brought or continued ANDREW B. CHENEY, 0000 locked in an agreement with respect to RICHARD F. CHRISTENSEN, 0000 against manufacturers, distributors, dealers, KURT A. CLARKE, 0000 or importers of firearms or ammunition for the Syria accountability bill. We will FRANCIS COLANTONIO, 0000 be looking for an opportunity to sched- DWIGHT E. COLLINS, 0000 damages resulting from the misuse of their LAURA D. COLLINS, 0000 products by others. ule that bill during Tuesday’s session. CHRISTOPHER J. CONLEY, 0000 A bill (S. 1806) to prohibit civil liability ac- Therefore, Senators should anticipate DAVID COOPER, 0000 THOMAS F. COOPER, 0000 tions from being brought or continued rollcall votes throughout the day to- KELLY A. COUGHLIN, 0000 against manufacturers, distributors, dealers, morrow. DARREL W. CREACY, 0000 or importers of firearms or ammunition for SEAN M. CROSS, 0000 f LUCINDA CUNNINGHAM, 0000 damages resulting from the misuse of their DEBORAH K. DARMINIO, 0000 products by others. CHARLES V. DARR, 0000 ADJOURNMENT UNTIL 9:30 A.M. RUSSELL E. DASH, 0000 Mr. MCCONNELL. I object en bloc to TOMORROW JERRY W. DAVENPORT, 0000 further proceedings on these measures CHRISTINA M. DAVIDSON, 0000 Mr. MCCONNELL. Mr. President, if ANTHONY P. DAVIS, 0000 at this time. KARL D. DAVIS, 0000 The PRESIDING OFFICER. Under there is no further business to come be- ROBERT L. DECOOPMAN, 0000 fore the Senate, I ask unanimous con- DONALD D. DEIBLER, 0000 the rule, the bills will be placed on the DANIEL J. DEPTULA, 0000 calendar. sent that the Senate stand in adjourn- JOHN C. DETTLEFF, 0000 ment under the previous order. DAVID S. DEUEL, 0000 f LINDSAY R. DEW, 0000 There being no objection, the Senate, DEREK M. DOSTIE, 0000 ORDERS FOR TUESDAY, at 7:29 p.m., adjourned until Tuesday, ERIC J. DOUCETTE, 0000 JOHN J. DRISCOLL, 0000 NOVEMBER 4, 2003 November 4, 2003, at 9:30 a.m. JOSEPH S. DUFRESNE, 0000 JOSEPH A. DUGAN, 0000 Mr. MCCONNELL. Mr. President, I f JAMES E. DUNNE, 0000 ask unanimous consent that when the DOUGLAS E. EGGLESTON, 0000 NOMINATIONS CARL A. ELLIS, 0000 Senate completes its business today, it LAWRENCE K. ELLIS, 0000 adjourn until 9:30 a.m. tomorrow, No- Executive nominations received by ANDREW W. ERIKS, 0000 JAMES P. ESPINO, 0000 vember 4. I further ask that following the Senate November 3, 2003: JAMES C. ESTRAMONTE, 0000 the prayer and pledge, the morning THE JUDICIARY COLLIN T. FAGAN, 0000 MATTHEW J. FAY, 0000 hour be deemed expired, the Journal of GENE E. K. PRATTER, OF PENNSYLVANIA, TO BE CHRISTIAN A. FERGUSON, 0000 proceedings be approved to date, the UNITED STATES DISTRICT JUDGE FOR THE EASTERN BRIAN C. FINNEY, 0000 DISTRICT OF PENNSYLVANIA, VICE WILLIAM H. YOHN, SAMUEL D. FORBES, 0000 time for the two leaders be reserved for JR., RETIRING. RICHARD J. FRATTARELLI, 0000 their use later in the day, and the Sen- GERALD S. FRYE, 0000 DEPARTMENT OF VETERANS AFFAIRS ate then begin a period of morning CHRISTOPHER A. GALE, 0000 GORDON H. MANSFIELD, OF VIRGINIA, TO BE DEPUTY MARIA G. GALMAN, 0000 business for 60 minutes, with the first SECRETARY OF VETERANS AFFAIRS, VICE LEO S. RICHARD J. GAY, 0000 MACKAY, JR., RESIGNED. DAVID D. GEFELL, 0000 30 minutes under the control of the mi- OWEN L. GIBBONS, 0000 nority leader or his designee and the IN THE COAST GUARD PAUL M. GILL, 0000 BRIAN C. GLANDER, 0000 second 30 minutes under the control of THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DOUGLAS D. GOODWIN, 0000 Senator HUTCHISON or her designee, TO THE GRADE INDICATED IN THE UNITED STATES KEVIN E. GOUNAUD, 0000 COAST GUARD RESERVE UNDER TITLE 10, U.S.C., SECTION YURI V. GRAVES, 0000 provided that following morning busi- 12203: JOHN P. GREGG, 0000 ness, the Senate proceed to the consid- To be captain RYAN K. GRIFFIN, 0000 JOHN HALL, 0000 eration of S. 1753, the fair credit re- JEFFREY L. BUSCH, 0000 RICHARD W. HANCOCK, 0000 porting bill. MARYELLEN M. COLELLA, 0000 JEFFREY S. HARRY, 0000 KRISTIN Q. CORCORAN, 0000 JOHN L. HARTLINE, 0000 I further ask consent that the Senate TIMOTHY P. CROWLEY, 0000 RANDAL A. HARTNETT, 0000 recess tomorrow from 12:30 to 2:15 p.m. JOHN P. HURLEY, 0000 JEFFREY J. HAUKOM, 0000 DONALD F. KAROL, 0000 TIMOTHY L. HAWS, 0000 for the weekly party luncheons. LURILLA J. LEE, 0000 LEONARD J. HERSL, 0000 Mr. REID. Mr. President, I know the KENNETH R. OLSEN, 0000 JONATHAN HICKEY, 0000 Senator from Kentucky has the floor, JOHN D. POTTER, 0000 MARK C. HICKMAN, 0000 RICHARD A. REYNOLDS, 0000 BRIAN J. HOFFERBER, 0000 but I just want to say a couple of SELDEN D. RHODES, 0000 JOHN L. HOLLINGSWORTH, 0000 things. I will be very brief. The DAVID G. SELLA, 0000 DENNIS R. HOOKS, 0000 JOHN S. WELCH, 0000 TROY A. HOSMER, 0000 Healthy Forests Act and CARE Act are JAMES P. HOUCK, 0000 extremely important and we under- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BESSIE V. HOWARD, 0000 TO THE GRADE INDICATED IN THE UNITED STATES THOMAS T. HUBBLE, 0000 stand that. But to think that what we COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271: EVAN D. HUDSPETH, 0000 are suggesting is abnormal is simply To Be lieutenant commander JOSEPH P. HUMBERT, 0000 LANCE E. ISAKSON, 0000 not the case. This happens all the time. WILLIAM D. ADKINS, 0000 WILLIAM T. JEFFRIES, 0000 This is not something unique that we LARA A. ANDERSON, 0000 CHRISTOPHER JENSEN, 0000 SCOTT ANDERSON, 0000 KEVIN M. JONES, 0000 have developed, to send the bill over CHRISTOPHER J. ANDRES, 0000 THOMAS J. KAMINSKI, 0000 and have them send it back with ALBERT F. ANTARAN, 0000 CHRISTOPHER R. KAPLAN, 0000 CARISSA C. APRIL, 0000 BRIAN P. KEFFER, 0000 amendments. My friend from Kentucky JENNIFER H. ARKO, 0000 ELIZABETH F. KEISTER, 0000 used the term it wasn’t normal Senate DESARAE ATNIP, 0000 ROBERT S. KEISTER, 0000 AREX B. AVANNI, 0000 SCOTT A. KEISTER, 0000 procedure. Quite to the contrary, it is, DONALD E. BADER, 0000 SCOTT J. KELLY, 0000 Mr. President. We do this all the time MICHAEL M. BALDING, 0000 JOHN W. KENNEDY, 0000 JON N. BALLWEBER, 0000 BRENDEN J. KETTNER, 0000 and we believe it is certainly appro- KIMBER L. BANNAN, 0000 BRAD J. KIESERMAN, 0000 priate with the experiences we have DAVID C. BARATA, 0000 KEVIN M. KING, 0000 MICHAEL D. BARNER, 0000 JADON E. KLOPSON, 0000 had with the conferences. RICHARD L. BATES, 0000 FRANK W. KLUCZNIK, 0000

VerDate Mar 15 2010 21:06 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0637 Sfmt 9801 E:\2003SENATE\S03NO3.REC S03NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13838 CONGRESSIONAL RECORD — SENATE November 3, 2003 MARC W. KNOWLTON, 0000 RICHARD J. SCHULTZ, 0000 To be commander JEFFERY A. KNYBEL, 0000 MATTHEW L. SEEBALD, 0000 BRIAN K. KOSHULSKY, 0000 JERROLD N. SGOBBO, 0000 ROBERT E. VINCENT II, 0000 GEORGE E. KOVATCH, 0000 PATRICK J. SHAW, 0000 FRANK J. KULHAWICK, 0000 KEVIN J. SHEEHAN, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- PATRICIA T. KUTCH, 0000 JAMES F. SHINN, 0000 POINTMENT IN THE GRADES INDICATED IN THE UNITED SHERMAN M. LACEY, 0000 CHRISTOPHER J. SHIVERY, 0000 STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND CHASE R. LANDON, 0000 WILLIAM J. SIEBEN, 0000 5582: EDWARD J. LANE, 0000 DOUGLAS C. SIMPSON, 0000 KELLY M. LARSON, 0000 STEVEN P. SIMPSON, 0000 To be lieutenant commander RAYMOND J. LECHNER, 0000 VINCENT J. SKWAREK, 0000 WILLIAM G. LEDDY, 0000 RUSSELL S. SLOANE, 0000 RODNEY A BOLLING, 0000 CYNTHIA A. LEDERER, 0000 DAVID K. SMITH, 0000 SHAWN M DISARUFINO, 0000 PAUL G. LEDOUX, 0000 JEFFREY M. SMITH, 0000 BRIAN D MILLER, 0000 DOUGLAS LIESS, 0000 NEVADA A. SMITH, 0000 TODD R. LIGHTLE, 0000 JON S. SMITHERS, 0000 To be lieutenant MICHAEL T. LINGAITIS, 0000 MICHAEL S. STEWART, 0000 THOMAS C. LINKE, 0000 TIFFANY M. STGEORGE, 0000 JEANETTE M BEDERMAN, 0000 JOSEPH B. LORING, 0000 THOMAS J. STUHLREYER, 0000 JOSHUA J BURKHOLDER, 0000 STEVEN B. LOWE, 0000 PAUL D. STUKUS, 0000 ROBERT C CADENA, 0000 KRISTI M. LUTTRELL, 0000 CAROL M. STUNDTNER, 0000 ROLANDO C CALVO, 0000 PATRICK J. MACK, 0000 LINDA A. STURGIS, 0000 ROBERT A CLARADY, 0000 GREGORY H. MAGEE, 0000 CURTIS L. SUMROK, 0000 MARK I EDWARDS, 0000 JAY E. MAIN, 0000 RANDY D. SUNDBERG, 0000 JOHN P GARSTKA, 0000 PETER W. MALDINI, 0000 JOSEPH SUNDLAND, 0000 RYAN D. MANNING, 0000 RICHARD T. SUNDLAND, 0000 DAMIAN M GELBAND, 0000 PAUL T. MARKLAND, 0000 JAMES P. SUTTON, 0000 MATTHEW L GHEN, 0000 GLENN A. MARTINEAU, 0000 JOHN P. SWIDRAK, 0000 COLIN W GREEN, 0000 DAVID J. MARTYN, 0000 THOMAS D. TARRANTS, 0000 RICHARD A HUTH, 0000 SCOTT P. MASON, 0000 TOBIAH TAYLOR, 0000 DONNNETTA S JOHNSON, 0000 DERRICK T. MASTERS, 0000 CORNELL C. THOMPSON, 0000 RICHARD D JOHNSTON JR., 0000 JOSEPH P. MCANDREWS, 0000 RICHTER L. TIPTON, 0000 TERIJO KANNUSHAMILTON, 0000 MICHAEL C. MCKEAN, 0000 GREGORY TLAPA, 0000 PATRICK C LAZZARETTI, 0000 PHILIP M. MCMANUS, 0000 JENNIFER A. TRAVERS, 0000 TOBY N LEDBETTER, 0000 CECIL D. MCNUTT, 0000 BRUCE M. TWEED, 0000 THOMAS R MERKLE, 0000 JOSHUA D. MCTAGGART, 0000 JACQUELINE M. TWOMEY, 0000 GREGORY A MOSELLE, 0000 CARLOS L. MERCADO, 0000 TROY J. VEST, 0000 DAVID L MURRAY, 0000 CARL R. MESSALLE, 0000 KURTIS L. VIRKAITIS, 0000 MARIA V NAVARRO, 0000 FRANCES M. MESSALLE, 0000 MARK VISLAY, 0000 TRUNG D NGUYEN, 0000 THOMAS S. MEYER, 0000 MARK R. VLAUN, 0000 FRANK H PERRY JR., 0000 CHARLES D. MILLER, 0000 JUSTIN H. WARD, 0000 GARRETT W PREISCH, 0000 ERIC J. MILLER, 0000 PAUL T. WASHLESKY, 0000 LOREN S REINKE, 0000 ADAM R. WASSERMAN, 0000 KEVIN W. MOHR, 0000 THOMAS A SEIGENTHALER, 0000 AARON E. WATERS, 0000 MARK G. MOLAND, 0000 JONATHAN W SIMS, 0000 SCOTT J. WEAVER, 0000 SHANE D. MONTOYA, 0000 MATTHEW N SMITH, 0000 THOMAS S. MORKAN, 0000 CHRISTOPHER S. WEBB, 0000 BLAKE E. WELBORN, 0000 BENJAMIN J STARKEY, 0000 DWAYNE M. MORRIS, 0000 HARVEY J THARP III, 0000 KENNETH M. MOSER, 0000 ADRIAN L. WEST, 0000 TIMOTHY J.W. WHALEN, 0000 JAMES V WALSH, 0000 PAUL K. MUCHA, 0000 EDDI L WATSON, 0000 HOLLY L. NAJARIAN, 0000 STEVEN A. WHEELER, 0000 RICHARD M ZAMORA, 0000 PATRICK S. NELSON, 0000 MATTHEW T. WHITE, 0000 JAMES A. NOVOTNY, 0000 STEPHEN R. WHITE, 0000 TOBIAS M. OLSEN, 0000 STEVEN D. WHITEHEAD, 0000 To be lieutenant junior grade JOHN H. WHITTEMORE, 0000 NORBERT J. PAIL, 0000 CRAIG J. WIESCHHORSTER, 0000 DAVID C ANDERSON, 0000 RONALD PAILLIOTET, 0000 NEIL A. WILSON, 0000 JOHN J ANDREW, 0000 KEITH O. PELLETIER, 0000 JOSHUA D. WITTMAN, 0000 KEITH ARCHIBALD, 0000 DANIEL PICKLES, 0000 TODD L. WIZA, 0000 WILLIE D BRISBANE, 0000 JOHN L. PRIEBE, 0000 CHRISTOPHER T. WOODLE, 0000 DOUGLAS J BURRELL JR., 0000 JOHN W. PRUITT, 0000 HOWARD H. WRIGHT, 0000 NINA M BUTLER, 0000 MICHAEL J. PUTLOCK, 0000 CHARLES A. YATES, 0000 DAVID J CHENEY, 0000 JOHN W. REED, 0000 MICHAEL S. ZIDIK, 0000 STACIE M GIBSON, 0000 PATRICK S. REILLY, 0000 JOHN V. REINERT, 0000 IN THE MARINE CORPS RICHARD J GREENHOE, 0000 THOMAS C. REMMERS, 0000 COREY G HESSELBERG, 0000 WILLIAM A. RIMBACH, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERICK J HOFFMAN, 0000 JOHN G. RIVERS, 0000 IN THE UNITED STATES MARINE CORPS RESERVE TO THE JONATHAN S KEFFER, 0000 CHRISTOPHER C. ROACH, 0000 GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: BRIAN K MCLAIN, 0000 MONICA L. ROCHESTER, 0000 To be brigadier general VICTOR H MEI, 0000 CONNIE M. ROOKE, 0000 DAGMARA W MOSELLE, 0000 ERIC W. RUBIO, 0000 COL. CRAIG T. BODDINGTON, 0000 LAURETTE M OQUENDO, 0000 SEAN P. RYAN, 0000 IN THE NAVY KAREN Y L PATTERSON, 0000 MICHAEL G. SARAMOSING, 0000 JOHN J TERRY, 0000 WILLIAM E. SASSER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERIC G TURNER, 0000 TANYA L. SCHNEIDER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY GENEVIEVE G UBINA, 0000 PATRICK C. SCHREIBER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JAY S VIGNOLA, 0000

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SENATE COMMITTEE MEETINGS 10 a.m. 2:30 p.m. Title IV of Senate Resolution 4, Banking, Housing, and Urban Affairs Commerce, Science, and Transportation agreed to by the Senate on February 4, To hold hearings to examine the state of Science, Technology, and Space Sub- the banking industry. committee 1977, calls for establishment of a sys- SH–216 To hold hearings to examine lunar explo- tem for a computerized schedule of all 2 p.m. ration. meetings and hearings of Senate com- Governmental Affairs SR–253 mittees, subcommittees, joint commit- To hold hearings to examine the report Intelligence tees, and committees of conference. of the Presidential Commission on the To hold closed hearings to examine cer- This title requires all such committees U.S. Postal Service. tain intelligence matters. to notify the Office of the Senate Daily SD–342 SH–219 Digest—designated by the Rules com- 2:30 p.m. mittee—of the time, place, and purpose Foreign Relations NOVEMBER 7 of the meetings, when scheduled, and To hold hearings to examine the nomina- 9:30 a.m. any cancellations or changes in the tions of Mary Kramer, of Iowa, to be Joint Economic Committee meetings as they occur. Ambassador to Barbados and to serve To hold joint hearings to examine the As an additional procedure along concurrently and without additional current employment situation. with the computerization of this infor- compensation as Ambassador to St. SD–628 mation, the Office of the Senate Daily Kitts and Nevis, Saint Lucia, Antigua Digest will prepare this information for and Barbuda, the Commonwealth of NOVEMBER 12 printing in the Extensions of Remarks Dominica, Grenada, and Saint Vincent 9:30 a.m. section of the CONGRESSIONAL RECORD and the Grenadines, Timothy John Environment and Public Works on Monday and Wednesday of each Dunn, of Illinois, for the rank of Am- Business meeting to consider S. 1072, to week. bassador during his tenure of service as authorize funds for Federal-aid high- Meetings scheduled for Tuesday, No- Deputy Permanent Representative to ways, highway safety programs, and vember 4, 2003 may be found in the the Organization of American States, transit programs. and James Curtis Struble, of Cali- Daily Digest of today’s RECORD. SD–406 fornia, to be Ambassador to Peru. MEETINGS SCHEDULED SD–419 NOVEMBER 13 2 p.m. NOVEMBER 5 NOVEMBER 6 Judiciary 9 a.m. 9:30 a.m. Immigration, Border Security and Citizen- Foreign Relations Commerce, Science, and Transportation ship Subcommittee To hold hearings to examine the nomina- To hold hearings to examine the nomina- To hold hearings to examine state and tions of Marguerita Dianne Ragsdale, tions of Floyd Hall, of New Jersey, local authority to enforce immigration of Virginia, to be Ambassador to the Louis S. Thompson, of Maryland, and Republic of Djibouti, Edward B. law relating to terrorism. Robert L. Crandall, of Texas, each to SD–226 O’Donnell, Jr., of Tennessee, for the be a Member of the Reform Board (Am- rank of Ambassador during his tenure trak). of service as Special Envoy for Holo- SR–253 caust Issues, and Jon R. Purnell, of Judiciary POSTPONEMENTS Massachusetts, to be Ambassador to Uzbekistan. Business meeting to consider pending SD–419 calendar business. NOVEMBER 5 9:30 a.m. SD–226 11 a.m. Commerce, Science, and Transportation 2 p.m. Indian Affairs To hold open and closed hearings to ex- Governmental Affairs Business meeting to consider pending amine aviation security. Investigations Subcommittee calendar business. SR–253 To hold hearings to examine Department SR–485 Joint Economic Committee of Defense’s improper use of first and To hold hearings relating to rethinking business class airline travel. the tax code. SD–342 SD–628

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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HIGHLIGHTS: See Re´sume´ of Congressional Activity. Senate agreed to conference report on H.R. 3289, Emergency Supple- mental Appropriations. Senate agreed to the conference report on H.R. 2691, Interior Depart- ment Appropriations. Senate Military Tax Relief: Senate agreed to S. Res. Chamber Action 257, expressing the sense of the Senate that Congress Routine Proceedings, pages S13751–S13838 should give priority to passing legislation to provide Measures Introduced: Three bills and two resolu- tax relief for United States military personnel and tions were introduced, as follows: S. 1812–1814, S.J. should offset the cost of such tax relief with legisla- Res. 22, and S. Res. 257. Pages S13802–03 tion preventing individuals from avoiding taxes by Measures Reported: renouncing United States citizenship. Pages S13833–34 S. 1279, to amend the Robert T. Stafford Disaster Agricultural Research Service Recognition: Sen- Relief and Emergency Assistance Act to authorize ate passed S.J. Res. 22, recognizing the Agricultural the President to carry out a Program for the protec- Research Service of the Department of Agriculture tion of the health and safety of residents, workers, for 50 years of outstanding service to the Nation volunteers, and others in a disaster area, with an through agricultural research. Pages S13834–35 amendment in the nature of a substitute. (S. Rept. No. 108–183) National Stalking Awareness Month: Senate S. 1262, to authorize appropriations for fiscal agreed to S. Con. Res. 58, raising awareness and en- years 2004, 2005, and 2006 for certain maritime couraging prevention of stalking by urging the es- programs of the Department of Transportation, with tablishment of January 2004 as National Stalking amendments. (S. Rept. No. 108–184) Awareness Month, after agreeing to the committee S. 1248, to reauthorize the Individuals with Dis- amendment in the nature of a substitute. Page S13836 abilities Education Act, with an amendment in the Emergency Supplemental, Iraq and Afghanistan nature of a substitute. (S. Rept. No. 108–185) Appropriations Act—Conference Report: Pursu- Page S13802 ant to the order of Friday, October 31, 2003, Senate Measures Passed: agreed to the conference report to accompany H.R. Fallen Patriots Tax Relief Act: Senate passed 3289, making emergency supplemental appropria- H.R. 3365, to amend title 10, United States Code, tions for defense and for the reconstruction of Iraq and the Internal Revenue Code of 1986 to increase and Afghanistan for the fiscal year ending September the death gratuity payable with respect to deceased 30, 2004, clearing the measure for the President. members of the Armed Forces and to exclude such Pages S13751–84 gratuity from gross income, to provide additional tax Interior Department Appropriations—Con- relief for members of the Armed Forces and their ference Report: By 87 yeas to 2 nays (Vote No. families, after agreeing to the following amendment 433), Senate agreed to the conference report to ac- proposed thereto: Pages S13831–33 company H.R. 2691, making appropriations for the McConnell (for McCain) Amendment No. 2051, Department of the Interior and related agencies for in the nature of a substitute. Page S13833 the fiscal year ending September 30, 2004, clearing McConnell (for McCain) Amendment No. 2052, the measure for the President. Pages S13784–91 to amend the title. Page S13833 D1218

VerDate jul 14 2003 04:18 Nov 04, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D03NO3.REC D03NO3 November 3, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1219 Syria Accountability and Lebanese Sovereignty 1 Marine Corps nomination in the rank of general. Restoration Act—Agreement: A unanimous-con- Routine lists in the Coast Guard, Navy. sent agreement was reached providing that at a time Pages S13837–38 to be determined by the Majority Leader, after con- Measures Placed on Calendar: Page S13802 sultation with the Democratic Leader, Senate begin consideration of H.R. 1828, to halt Syrian support Additional Cosponsors: Page S13803 for terrorism, end its occupation of Lebanon, stop its Statements on Introduced Bills/Resolutions: development of weapons of mass destruction, cease Pages S13803–04 its illegal importation of Iraqi oil and illegal ship- ments of weapons and other military items to Iraq, Additional Statements: Pages S13801–02 and by so doing hold Syria accountable for the seri- Amendments Submitted: Pages S13805–07 ous international security problems it has caused in Authority for Committees to Meet: Page S13807 the Middle East, that the debate be limited to 90 minutes; provided further, that the Lugar/Boxer/ Privilege of the Floor: Page S13807 Santorum amendment be the only amendment in Text of H.R. 2800, as Previously Passed: order, and that amendment be agreed to; further, Pages S13807–29 that upon disposition of the Lugar amendment and Record Votes: One record vote was taken today. the use or yielding back of time, that the bill as (Total—433) Page S13790 amended be read a third time and a vote be scheduled at a time to be determined by the Majority Adjournment: Senate met at 11 a.m., and ad- Leader, in consultation with the Democratic Leader. journed at 7:29 p.m., until 9:30 a.m., on Tuesday, Page S13835 November 4, 2003. (For Senate’s program, see the National Consumer Credit Reporting System Im- remarks of the Acting Majority Leader in today’s provement Act—Agreement: A unanimous-con- Record on page S13837.) sent agreement was reached providing that at 10:30 a.m., on Tuesday, November 4, 2003, Senate will begin consideration of S. 1753, to amend the Fair Committee Meetings Credit Reporting Act in order to prevent identity (Committees not listed did not meet) theft, to improve the use of and consumer access to consumer reports, to enhance the accuracy of consumer reports, to limit the sharing of certain con- MUTUAL FUNDS sumer information, to improve financial education Committee on Governmental Affairs: Subcommittee on and literacy. Page S13837 Financial Management, the Budget, and Inter- Appointments: national Security concluded a hearing to examine the extent and impact of alleged trading abuses in the National Council of the Arts: The Chair, on be- mutual fund industry and regulatory reforms nec- half of the Majority Leader, pursuant to Public Law essary to mitigate such practices in the future, focus- 105–83, announced the appointment of the fol- ing on management and governance to identify stat- lowing Senators to serve as members of the National utory and regulatory reforms that should be enacted Council of the Arts: Senators Bennett and Sessions. in order to prevent a recurrence of the abuses and Pages S13836–37 to better protect fund shareholders, after receiving National Council of the Arts: The Chair, on be- testimony from Representative Baker; Stephen M. half of the Majority Leader, pursuant to Public Law Cutler, Director, Division of Enforcement, and Paul 105–83, announced the appointment of the fol- F. Roye, Director, Division of Investment Manage- lowing Senator to serve as a member of the National ment, both of U.S. Securities and Exchange Commis- Council of the Arts: Senator DeWine. sion; William F. Galvin, Secretary of the Common- Pages S13836–37 wealth of Massachusetts, Boston; New York State Nominations Received: Senate received the fol- Attorney General Eliot Spitzer, Albany; Mary L. lowing nominations: Schapiro, National Association of Securities Dealers, Gene E. K. Pratter, of Pennsylvania, to be United and Matthew P. Fink, Investment Company Insti- States District Judge for the Eastern District of tute, both of Washington, D.C.; John C. Bogle, Pennsylvania. Vanguard Group, Philadelphia, Pennsylvania; and Gordon H. Mansfield, of Virginia, to be Deputy Mercer E. Bullard, Fund Democracy, Inc., Oxford, Secretary of Veterans Affairs. Mississippi.

VerDate jul 14 2003 04:18 Nov 04, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03NO3.REC D03NO3 D1220 CONGRESSIONAL RECORD — DAILY DIGEST November 3, 2003 House of Representatives nifer Young, of Ohio, both to be an Assistant Secretary Chamber Action of Health and Human Services, and Bradley D. Belt, of The House was not in session today. It will meet the District of Columbia, to be a Member of the Social at 12:30 p.m. on Tuesday, November 4 for morning Security Advisory Board, 10 a.m., SD–215. hour debate. Committee on Foreign Relations: to hold hearings to examine the nominations of William J. Hudson, of Virginia, to be Ambassador to Tunisia, Margaret Scobey, of Ten- Committee Meetings nessee, to be Ambassador to Syria, and Thomas Riley, of No committee meetings were held. California, to be Ambassador to the Kingdom of Mo- f rocco, 9:30 a.m., SD–419. Subcommittee on East Asian and Pacific Affairs, to COMMITTEE MEETINGS FOR TUESDAY, hold hearings to examine North Korea and human rights, NOVEMBER 4, 2003 2:30 p.m., SD–419. (Committee meetings are open unless otherwise indicated) Committee on Health, Education, Labor, and Pensions: Sub- committee on Substance Abuse and Mental Health Serv- Senate ices, to hold hearings to examine report from the Presi- Committee on Banking, Housing, and Urban Affairs: Sub- dent’s New Freedom Commission on mental health relat- committee on International Trade and Finance, to resume ing to recommendations to improve mental health care in hearings to examine financial reconstruction in Iraq, 2:30 America, 10 a.m., SD–430. p.m., SD–538. Committee on the Judiciary: Subcommittee on Terrorism, Committee on Commerce, Science, and Transportation: to Technology and Homeland Security, to hold hearings to hold hearings to examine the nominations of Cheryl Feld- examine database security, 10 a.m., SD–226. man Halpern, of New Jersey, to be a Member of the Board of Directors of the Corporation for Public Broad- House casting, Elizabeth Courtney, of Louisiana, to be a Member of the Board of Directors of the Corporation for Public Committee on Financial Services, Subcommittee on Capital Broadcasting, Jeffrey A. Rosen, of Virginia, to be General Markets, Insurance, and Government Sponsored Enter- Counsel of the Department of Transportation, Kirk Van prises, hearing entitled ‘‘Mutual Funds: Who’s Looking Tine, of Virginia, to be Deputy Secretary of Transpor- Out for Investors?’’ 10 a.m., 2128 Rayburn. tation, and Michael D. Gallagher, of Washington, to be Committee on Rules, to consider H.R. 1829, Federal Pris- Assistant Secretary of Commerce for Communications and on Industries Competition in contracting Act of 2003, 5 Information, 9:30 a.m., SR–253. p.m., H–313 Capitol. Committee on Finance: to hold hearings to examine the Permanent Select Committee on Intelligence, executive brief- nominations of Michael O’Grady, of Maryland, and Jen- ing on Afghanistan Update, 1:30 p.m., H–405 Capitol.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED EIGHTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 7 through October 31, 2003 January 7 through October 31, 2003

Senate House Total Civilian Nominations, totaling 532, disposed of as follows: Days in session ...... 147 119 . . Confirmed ...... 319 Time in session ...... 1,231 hrs., 49′ 898 hrs., 34′ .. Unconfirmed ...... 203 Congressional Record: Withdrawn ...... 10 Pages of proceedings ...... 13,749 10,238 . . Extensions of Remarks ...... 2,204 . . Public bills enacted into law ...... 29 74 103 Other Civilian Nominations, totaling 2,292, disposed of as follows: Private bills enacted into law ...... Confirmed ...... 1,942 Bills in conference ...... 18 13 . . Unconfirmed ...... 350 Measures passed, total ...... 456 547 1,003 Senate bills ...... 129 32 . . House bills ...... 96 237 . . Air Force Nominations, totaling 9,040, disposed of as follows: Senate joint resolutions ...... 4 1 . . Confirmed ...... 5,383 House joint resolutions ...... 9 15 . . Unconfirmed ...... 3,657 Senate concurrent resolutions ...... 34 7 . . House concurrent resolutions ...... 26 63 . . Army Nominations, totaling 5,465, disposed of as follows: Simple resolutions ...... 158 192 . . Measures reported, total ...... 302 318 620 Confirmed ...... 5,148 Senate bills ...... 198 6 . . Unconfirmed ...... 317 House bills ...... 43 200 . . Senate joint resolutions ...... 4 1 . . Navy Nominations, totaling 5,275, disposed of as follows: House joint resolutions ...... 3 . . Senate concurrent resolutions ...... 9 . . . . Confirmed ...... 4,320 House concurrent resolutions ...... 1 8 . . Unconfirmed ...... 955 Simple resolutions ...... 47 100 . . Special reports ...... 16 5 . . Marine Corps Nominations, totaling 2,412, disposed of as follows: Conference reports ...... 3 15 . . Measures pending on calendar ...... 144 74 . . Confirmed ...... 2,398 Measures introduced, total ...... 2,165 4,248 6,413 Unconfirmed ...... 14 Bills ...... 1,810 3,427 . . Joint resolutions ...... 21 75 . . Summary Concurrent resolutions ...... 78 319 . . Simple resolutions ...... 256 427 . . Total Nominations carried over from the First Session ...... 0 Quorum calls ...... 3 2 . . Total Nominations Received this Session ...... 25,016 Yea-and-nay votes ...... 432 353 . . Total Confirmed ...... 19,510 Recorded votes ...... 246 . . Total Unconfirmed ...... 5,496 Bills vetoed ...... Total withdrawn ...... 10 Vetoes overridden ...... Total Returned to the White House ...... 0

* These figures include all measures reported, even if there was no accompanying report. A total of 182 reports have been filed in the Senate, a total of 338 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, November 4 12:30 p.m., Tuesday, November 4

Senate Chamber House Chamber Program for Tuesday: After the transaction of routine Program for Tuesday: The House will meet at 12:30 morning business (not to extend beyond 10:30 a.m.) Sen- p.m. for morning hour debate. ate will consider S. 1753, National Consumer Credit Re- porting System Improvement Act. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

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